Stainless Steel Bar From India: Final Results of Changed Circumstances Review and Reinstatement of Certain Companies in the Antidumping Duty Order, 17529-17531 [2018-08290]
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Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date as provided by section
751(a)(2)(C) of the Act: (1) For subject
merchandise exported by the companies
listed above that have separate rates, the
cash deposit rate will be the rate
established in these final results of
review for each exporter as listed above;
(2) for previously investigated or
reviewed Chinese and non-Chinese
exporters not listed above that received
a separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the exporter-specific rate;
(3) for all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity; (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These deposit requirements shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
sradovich on DSK3GMQ082PROD with NOTICES
Administrative Protective Orders
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act.
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Dated: April 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Application of AFA to
Chengdu Huifeng New Material
Technology Co., Ltd.
Comment 2: Application of AFA to the
Jiangsu Fengtai Single Entity
Comment 3: Selection of the AFA Rate
Comment 4: Selection of the Separate Rate
for Non-Selected Respondents
V. Recommendation
[FR Doc. 2018–08289 Filed 4–19–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–810]
Stainless Steel Bar From India: Final
Results of Changed Circumstances
Review and Reinstatement of Certain
Companies in the Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has determined that certain
producers/exporters of stainless steel
bar (SS Bar) from India made sales of
subject merchandise at less than normal
value (NV) during the period of review
(POR) July 1, 2015, through June 30,
2016. Accordingly, they are hereby
reinstated in the antidumping order on
SS Bar from India.
DATES: Applicable April 20, 2018.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–0410.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 18, 2017, Commerce
published the preliminary results of this
changed circumstances review and
intent to reinstate Venus Wire Industries
Pvt. Ltd. and its affiliates Precision
Metals, Sieves Manufacturers (India)
Pvt. Ltd., and Hindustan Inox Ltd.
(collectively, the Venus Group), and
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Sfmt 4703
17529
`
Viraj Profıles Ltd. (Viraj) in the
antidumping duty order on SS Bar from
India.1 This review covers SS Bar from
India produced and/or exported by the
Venus Group and Viraj.
On January 9, 2018, we received case
briefs from the Venus Group and Viraj.2
On January 9, 2018, we received a
rebuttal brief from the petitioners.3 On
March 8, 2018, Commerce held a public
hearing at the request of Viraj.
Commerce conducted this changed
circumstances review in accordance
with section 751(b)(1) of the Tariff Act
of 1930, as amended (the Act) and 19
CFR 351.216(d). For a full description of
the methodology underlying our
conclusions, see the Issues and Decision
Memorandum.4 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and it is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memo can be
accessed directly at https://
enforcement.trade.gov/frn/.
Scope of the Order
The merchandise subject to the order
is SS bar. SS bar means articles of
stainless steel in straight lengths that
have been either hot-rolled, forged,
turned, cold-drawn, cold-rolled or
otherwise cold-finished, or ground,
having a uniform solid cross section
along their whole length in the shape of
circles, segments of circles, ovals,
rectangles (including squares), triangles,
hexagons, octagons, or other convex
polygons. SS bar includes cold-finished
1 See Stainless Steel Bar from India: Preliminary
Results of Changed Circumstances Review and
Intent To Reinstate Certain Companies in the
Antidumping Duty Order, 82 FR 48483, October 18,
2017 (CCR Preliminary Results).
2 See Letter from the Venus Group, ‘‘Stainless
Steel Bar from India: Administrative Case Brief of
Venus Wire Industries Pvt. Ltd.,’’ dated January 9,
2018, and Letter from Viraj, ‘‘Stainless Steel Bar
from India: Case Brief,’’ dated January 9, 2018.
3 See Letters from the petitioners, ‘‘Petitioners’
Rebuttal Brief Regarding Venus,’’ dated January 19,
2018, and ‘‘Petitioners’ Rebuttal Brief Regarding
Viraj,’’ dated January 19, 2018. The petitioners are
Carpenter Technology Corporation, Crucible
Industries LLC, Electralloy, a Division of G.O.
Carlson, Inc., North-American Stainless,
Outokumpu Stainless Bar, LLC, Universal Stainless
& Alloy Products, Inc., and Valbruna Slater
Stainless, Inc.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Antidumping Duty Changed
Circumstances Review of Stainless Steel Bar from
India,’’ dated concurrently with and hereby adopted
by this notice (Issues and Decision Memorandum).
E:\FR\FM\20APN1.SGM
20APN1
17530
Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices
SS bars that are turned or ground in
straight lengths, whether produced from
hot-rolled bar or from straightened and
cut rod or wire, and reinforcing bars that
have indentations, ribs, grooves, or
other deformations produced during the
rolling process.
Except as specified above, the term
does not include stainless steel semifinished products, cut-to-length flatrolled products (i.e., cut-to-length rolled
products which if less than 4.75 mm in
thickness have a width measuring at
least 10 times the thickness, or if 4.75
mm or more in thickness having a width
which exceeds 150 mm and measures at
least twice the thickness), wire (i.e.,
cold-formed products in coils, of any
uniform solid cross section along their
whole length, which do not conform to
the definition of flat-rolled products),
and angles, shapes, and sections.
Imports of these products are
currently classifiable under subheadings
7222.10.00, 7222.11.00, 7222.19.00,
7222.20.00, 7222.30.00 of the
Harmonized Tariff Schedule (HTS).
Although the HTS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive.
Basis for Reinstatement
sradovich on DSK3GMQ082PROD with NOTICES
In requesting revocation, pursuant to
19 CFR 353.25(b) (1996) and 19 CFR
353.25(a)(2)(iii) (1996),5 both the Venus
Group and Viraj agreed to immediate
reinstatement of the order, so long as
any exporter or producer is subject to
the order, if the Secretary concludes that
subsequent to the revocation, the Venus
Group and/or Viraj sold SS Bar in the
United States at less than NV.6 Under 19
CFR 353.25(a)(2)(iii) (1996), as long as
any exporter or producer is subject to an
antidumping duty order which remains
in force, an entity previously granted a
revocation may be reinstated under that
order if it is established that the entity
5 The regulation that was in effect when the
Venus Group and Viraj requested revocation was
amended in 1997 to become 19 CFR 351.222(b).
This regulation was then revoked in 2012. See
Modification to Regulation Concerning the
Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 29875 (May 21, 2012). However,
when revoking this regulation, Commerce noted
that ‘‘{a}ny company that has been revoked from an
antidumping . . . order will remain subject to its
certified agreement to be reinstated with respect to
that order if Commerce finds it to have resumed
dumping. . . .’’ See id. at 29882.
6 See Stainless Steel Bar from India; Final Results,
Rescission of Antidumping Duty Administrative
Review in Part, and Determination To Revoke in
Part, 69 FR 55409 (September 14, 2004) (Viraj
Revocation) and Stainless Steel Bar from India:
Final Results of the Antidumping Duty
Administrative Review, and Revocation of the
Order, in Part, 76 FR 56401 (September 13, 2011)
(Venus Revocation).
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17:44 Apr 19, 2018
Jkt 244001
has resumed the dumping of subject
merchandise.
In this case, because other exporters
in India remain subject to the SS Bar
order, the order remains in effect, and
the Venus Group and/or Viraj may be
reinstated in the order. Commerce
conditionally granted the Venus Group
and Viraj revocation based, in part,
upon their agreement to immediate
reinstatement in the antidumping duty
order if Commerce were to find that the
companies resumed dumping of SS Bar
from India.7
As discussed in the Issues and
Decision Memorandum, we continue to
find that the use of facts available is
warranted in determining the dumping
margin of the Venus Group and Viraj
pursuant to section 776(a) of the Act.
Further, we continue to find that the
Venus Group and Viraj failed to
cooperate to the best of their ability and,
therefore, the use of facts available with
an adverse inference is appropriate
(AFA), pursuant to section 776(b) of the
Act. We have assigned, as AFA, the
rates below to the Venus Group and
Viraj. Accordingly, we are reinstating
the Venus Group and Viraj in the
antidumping duty order on SS Bar from
India.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this changed
circumstances review are addressed in
the Issues and Decision Memorandum.
A list of the issues which parties raised
and to which we respond in the Issues
and Decision Memorandum is attached
to this notice as an Appendix.
Final Results of Review
Commerce determines that the
following weighted-average dumping
margins exist for the period July 1, 2015,
through June 30, 2016:
Producer/exporter
Venus Wire Industries Pvt. Ltd.
and its affiliates Precision Metals, Sieves Manufacturers
(India) Pvt. Ltd., and Hindustan Inox Ltd ...........................
Weightedaverage
dumping
margin
(percent)
30.92
7 See Viraj Revocation, 69 FR at 55411 (‘‘Viraj
provided each of the certifications required under
19 CFR 351.222(e) . . . {including} an agreement to
immediate reinstatement of the order if the
Department concludes that the company,
subsequent to the revocation, sold subject
merchandise at less than NV.’’) and Venus
Revocation, 76 at 56402–3 (‘‘the company has
agreed to immediate reinstatement of the order if
we find that it has resumed making sales at less
than fair value’’).
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Producer/exporter
`
Viraj Profıles Ltd 8 .......................
Weightedaverage
dumping
margin
(percent)
30.92
Disclosure
Normally, the Department discloses to
interested parties the calculations
performed in connection with the final
results of changed circumstances review
within five days after public
announcement of the final results of
changed circumstances review in
accordance with 19 CFR 351.224(b).
Because Commerce used an adverse
inference in selecting from among the
facts otherwise available to each of the
respondents in this changed
circumstances review, in accordance
with section 776 of the Act, there are no
calculations to disclose.
Cash Deposit Requirements
Because we established that SS bar
from India produced and/or exported by
the Venus Group and Viraj are being
sold at less than NV, the Venus Group
and Viraj are hereby reinstated in the
antidumping duty order on SS Bar from
India effective upon the publication of
this notice in the Federal Register. We
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries at 30.92
percent and to continue to require a
cash deposit at the current rate for all
shipments of the subject merchandise of
SS Bar produced and/or exported by
either the Venus Group and Viraj and
entered, or withdrawn from warehouse,
for consumption on or after October 18,
2017, the date of publication of the
preliminary results in the Federal
Register. These instructions shall
remain in effect until further notice.
Notifications to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
8 Viraj Alloys, Ltd., Viraj Forgings, Ltd., and Viraj
Impoexpo, Ltd., are collectively now known as Viraj
Profiles Limited. In July 2006, Viraj Forgings Ltd.
merged with Viraj Alloys Ltd.; in April 2007, Viraj
Alloys and Viraj Impoexpo Ltd. merged into Viraj
Profiles Ltd.
E:\FR\FM\20APN1.SGM
20APN1
Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices
We are issuing and publishing these
results of review in accordance with
sections 751(b)(1) and 777(i)(1) of the
Act and 19 CFR 351.216.
Dated: April 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
a. Whether Adverse Facts Available Is
Warranted for the Venus Group
b. Whether Adverse Facts Available Is
Warranted for Viraj
5. Recommendation
[FR Doc. 2018–08290 Filed 4–19–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Minority Business Development
Agency
Proposed Information Collection;
Comment Request; National Minority
Business Awards
Minority Business
Development Agency, Department of
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before April 27, 2018.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at PRAcomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Antavia Grimsley,
Management Analyst, Minority Business
Development Agency, U.S. Department
of Commerce, Room 5063, 1401
Constitution Avenue NW, Washington,
DC, 20230; telephone (202) 482–7458,
and email: agrimsley@mbda.gov.
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
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17:44 Apr 19, 2018
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SUPPLEMENTARY INFORMATION:
I. Abstract
The Minority Business Development
Agency (MBDA) is the only federal
agency created exclusively to foster the
growth and global competitiveness of
minority-owned businesses in the
United States. For this purpose, a
minority owned business must be
owned or controlled by one of the
following persons or group of persons:
African American, American Indian,
Alaska Native, Asian, Hispanic, Native
Hawaiian, Pacific Islander, Asian
Indian, and Hasidic Jew. MBDA
provides management and technical
assistance to large, medium, and small
minority business enterprises through a
network of business centers throughout
the United States.
Since 1983, every president has
issued a Presidential Proclamation
designating one week as National
Minority Enterprise Development (MED)
Week. MBDA recognizes the role that
minority entrepreneurs play in building
the Nation’s economy by honoring
businesses that are making a significant
contribution through the creation of
jobs, products and services, in addition
to supporting their local communities.
The National Minority Business Awards
Program is a key element of MED Week
and celebrates the outstanding
achievements of minority entrepreneurs.
MBDA may make awards in the
following categories: Minority
Construction Firm of the Year, Minority
Export Firm of the Year, Minority
Manufacturing Firm of the Year,
Minority Health Products and Services
Firm of the Year, Minority Innovative
Technology Firm of the Year, Minority
Marketing and Communications Firm of
the Year, Minority Professional Services
Firm of the Year, Minority VeteranOwned Firm of the Year, Minority
‘‘Under 30’’ Firm of the Year, and
MBDA Minority Business Enterprise of
the Year. In addition, MBDA may
recognize trailblazers and champions
through the Access to Capital Award,
Advocate of the Year Award,
Distinguished Supplier Diversity
Award, Abe Venable Legacy Award for
Lifetime Achievement, and Ronald H.
Brown Leadership Awards. All awards
will be presented at a ceremony during
National MED Week. Nominations for
these awards are open to the public.
MBDA must collect two types of
information: (a) Information identifying
the nominee and nominator, and (b)
information explaining why the
nominee should be given the award.
The information will be used to
determine those applicants best meeting
the preannounced evaluation criterion.
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17531
Use of a nomination form standardizes
and limits the information collected as
part of the nomination process. This
makes the competition fair and eases the
burden on applicants and reviewers.
Participation in the National Minority
Business Awards competition is
voluntary and the awards are strictly
honorary.
II. Method of Collection
The form may be submitted
electronically or paper format.
III. Data
OMB Control Number: 0640–0025.
Form Number(s): Not applicable.
Type of Review: Regular submission.
Affected Public: Businesses or other
for profit organizations, not-for-profit
institutions, State, Local, or Tribal
government, and Federal government.
Estimated Number of Respondents:
100.
Estimated Time per Response: 2
hours.
Estimated Total Annual Burden
Hours: 200.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer.
[FR Doc. 2018–08270 Filed 4–19–18; 8:45 am]
BILLING CODE 3510–21–P
E:\FR\FM\20APN1.SGM
20APN1
Agencies
[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17529-17531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08290]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Final Results of Changed
Circumstances Review and Reinstatement of Certain Companies in the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has determined that
certain producers/exporters of stainless steel bar (SS Bar) from India
made sales of subject merchandise at less than normal value (NV) during
the period of review (POR) July 1, 2015, through June 30, 2016.
Accordingly, they are hereby reinstated in the antidumping order on SS
Bar from India.
DATES: Applicable April 20, 2018.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone (202) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
On October 18, 2017, Commerce published the preliminary results of
this changed circumstances review and intent to reinstate Venus Wire
Industries Pvt. Ltd. and its affiliates Precision Metals, Sieves
Manufacturers (India) Pvt. Ltd., and Hindustan Inox Ltd. (collectively,
the Venus Group), and Viraj Prof[igrave]les Ltd. (Viraj) in the
antidumping duty order on SS Bar from India.\1\ This review covers SS
Bar from India produced and/or exported by the Venus Group and Viraj.
---------------------------------------------------------------------------
\1\ See Stainless Steel Bar from India: Preliminary Results of
Changed Circumstances Review and Intent To Reinstate Certain
Companies in the Antidumping Duty Order, 82 FR 48483, October 18,
2017 (CCR Preliminary Results).
---------------------------------------------------------------------------
On January 9, 2018, we received case briefs from the Venus Group
and Viraj.\2\ On January 9, 2018, we received a rebuttal brief from the
petitioners.\3\ On March 8, 2018, Commerce held a public hearing at the
request of Viraj.
---------------------------------------------------------------------------
\2\ See Letter from the Venus Group, ``Stainless Steel Bar from
India: Administrative Case Brief of Venus Wire Industries Pvt.
Ltd.,'' dated January 9, 2018, and Letter from Viraj, ``Stainless
Steel Bar from India: Case Brief,'' dated January 9, 2018.
\3\ See Letters from the petitioners, ``Petitioners' Rebuttal
Brief Regarding Venus,'' dated January 19, 2018, and ``Petitioners'
Rebuttal Brief Regarding Viraj,'' dated January 19, 2018. The
petitioners are Carpenter Technology Corporation, Crucible
Industries LLC, Electralloy, a Division of G.O. Carlson, Inc.,
North-American Stainless, Outokumpu Stainless Bar, LLC, Universal
Stainless & Alloy Products, Inc., and Valbruna Slater Stainless,
Inc.
---------------------------------------------------------------------------
Commerce conducted this changed circumstances review in accordance
with section 751(b)(1) of the Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.216(d). For a full description of the methodology
underlying our conclusions, see the Issues and Decision Memorandum.\4\
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and it is available to all parties in the Central Records Unit, room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memo can be accessed
directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Changed Circumstances Review of Stainless Steel Bar
from India,'' dated concurrently with and hereby adopted by this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is SS bar. SS bar means
articles of stainless steel in straight lengths that have been either
hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-
finished, or ground, having a uniform solid cross section along their
whole length in the shape of circles, segments of circles, ovals,
rectangles (including squares), triangles, hexagons, octagons, or other
convex polygons. SS bar includes cold-finished
[[Page 17530]]
SS bars that are turned or ground in straight lengths, whether produced
from hot-rolled bar or from straightened and cut rod or wire, and
reinforcing bars that have indentations, ribs, grooves, or other
deformations produced during the rolling process.
Except as specified above, the term does not include stainless
steel semi-finished products, cut-to-length flat-rolled products (i.e.,
cut-to-length rolled products which if less than 4.75 mm in thickness
have a width measuring at least 10 times the thickness, or if 4.75 mm
or more in thickness having a width which exceeds 150 mm and measures
at least twice the thickness), wire (i.e., cold-formed products in
coils, of any uniform solid cross section along their whole length,
which do not conform to the definition of flat-rolled products), and
angles, shapes, and sections.
Imports of these products are currently classifiable under
subheadings 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00
of the Harmonized Tariff Schedule (HTS). Although the HTS subheadings
are provided for convenience and customs purposes, our written
description of the scope of the order is dispositive.
Basis for Reinstatement
In requesting revocation, pursuant to 19 CFR 353.25(b) (1996) and
19 CFR 353.25(a)(2)(iii) (1996),\5\ both the Venus Group and Viraj
agreed to immediate reinstatement of the order, so long as any exporter
or producer is subject to the order, if the Secretary concludes that
subsequent to the revocation, the Venus Group and/or Viraj sold SS Bar
in the United States at less than NV.\6\ Under 19 CFR 353.25(a)(2)(iii)
(1996), as long as any exporter or producer is subject to an
antidumping duty order which remains in force, an entity previously
granted a revocation may be reinstated under that order if it is
established that the entity has resumed the dumping of subject
merchandise.
---------------------------------------------------------------------------
\5\ The regulation that was in effect when the Venus Group and
Viraj requested revocation was amended in 1997 to become 19 CFR
351.222(b). This regulation was then revoked in 2012. See
Modification to Regulation Concerning the Revocation of Antidumping
and Countervailing Duty Orders, 77 FR 29875 (May 21, 2012). However,
when revoking this regulation, Commerce noted that ``{a{time} ny
company that has been revoked from an antidumping . . . order will
remain subject to its certified agreement to be reinstated with
respect to that order if Commerce finds it to have resumed dumping.
. . .'' See id. at 29882.
\6\ See Stainless Steel Bar from India; Final Results,
Rescission of Antidumping Duty Administrative Review in Part, and
Determination To Revoke in Part, 69 FR 55409 (September 14, 2004)
(Viraj Revocation) and Stainless Steel Bar from India: Final Results
of the Antidumping Duty Administrative Review, and Revocation of the
Order, in Part, 76 FR 56401 (September 13, 2011) (Venus Revocation).
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In this case, because other exporters in India remain subject to
the SS Bar order, the order remains in effect, and the Venus Group and/
or Viraj may be reinstated in the order. Commerce conditionally granted
the Venus Group and Viraj revocation based, in part, upon their
agreement to immediate reinstatement in the antidumping duty order if
Commerce were to find that the companies resumed dumping of SS Bar from
India.\7\
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\7\ See Viraj Revocation, 69 FR at 55411 (``Viraj provided each
of the certifications required under 19 CFR 351.222(e) . . .
{including{time} an agreement to immediate reinstatement of the
order if the Department concludes that the company, subsequent to
the revocation, sold subject merchandise at less than NV.'') and
Venus Revocation, 76 at 56402-3 (``the company has agreed to
immediate reinstatement of the order if we find that it has resumed
making sales at less than fair value'').
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As discussed in the Issues and Decision Memorandum, we continue to
find that the use of facts available is warranted in determining the
dumping margin of the Venus Group and Viraj pursuant to section 776(a)
of the Act. Further, we continue to find that the Venus Group and Viraj
failed to cooperate to the best of their ability and, therefore, the
use of facts available with an adverse inference is appropriate (AFA),
pursuant to section 776(b) of the Act. We have assigned, as AFA, the
rates below to the Venus Group and Viraj. Accordingly, we are
reinstating the Venus Group and Viraj in the antidumping duty order on
SS Bar from India.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this changed circumstances review are addressed in the Issues and
Decision Memorandum. A list of the issues which parties raised and to
which we respond in the Issues and Decision Memorandum is attached to
this notice as an Appendix.
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period July 1, 2015, through June 30, 2016:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Venus Wire Industries Pvt. Ltd. and its affiliates Precision 30.92
Metals, Sieves Manufacturers (India) Pvt. Ltd., and
Hindustan Inox Ltd.........................................
Viraj Prof[igrave]les Ltd \8\............................... 30.92
------------------------------------------------------------------------
Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with the final results of changed
circumstances review within five days after public announcement of the
final results of changed circumstances review in accordance with 19 CFR
351.224(b). Because Commerce used an adverse inference in selecting
from among the facts otherwise available to each of the respondents in
this changed circumstances review, in accordance with section 776 of
the Act, there are no calculations to disclose.
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\8\ Viraj Alloys, Ltd., Viraj Forgings, Ltd., and Viraj
Impoexpo, Ltd., are collectively now known as Viraj Profiles
Limited. In July 2006, Viraj Forgings Ltd. merged with Viraj Alloys
Ltd.; in April 2007, Viraj Alloys and Viraj Impoexpo Ltd. merged
into Viraj Profiles Ltd.
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Cash Deposit Requirements
Because we established that SS bar from India produced and/or
exported by the Venus Group and Viraj are being sold at less than NV,
the Venus Group and Viraj are hereby reinstated in the antidumping duty
order on SS Bar from India effective upon the publication of this
notice in the Federal Register. We will instruct U.S. Customs and
Border Protection (CBP) to continue to suspend liquidation of all
entries at 30.92 percent and to continue to require a cash deposit at
the current rate for all shipments of the subject merchandise of SS Bar
produced and/or exported by either the Venus Group and Viraj and
entered, or withdrawn from warehouse, for consumption on or after
October 18, 2017, the date of publication of the preliminary results in
the Federal Register. These instructions shall remain in effect until
further notice.
Notifications to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials, or conversion
to judicial protective order, is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
[[Page 17531]]
We are issuing and publishing these results of review in accordance
with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216.
Dated: April 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
a. Whether Adverse Facts Available Is Warranted for the Venus
Group
b. Whether Adverse Facts Available Is Warranted for Viraj
5. Recommendation
[FR Doc. 2018-08290 Filed 4-19-18; 8:45 am]
BILLING CODE 3510-DS-P