Finished Carbon Steel Flanges From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 40026-40028 [2019-17328]
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Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Notices
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, after notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Chen by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Chen may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Chen and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 10, 2028.
Issued this day of August 5, 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019–17320 Filed 8–12–19; 8:45 am]
BILLING CODE 3510–33–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–815]
Finished Carbon Steel Flanges From
Spain: Preliminary Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers or exporters of finished
carbon steel flanges (flanges) from Spain
subject to this review made sales of
subject merchandise at less than normal
value during the period of review (POR)
February 8, 2017 through May 31, 2018.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable August 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6312.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 14, 2017, we published in the
Federal Register an antidumping duty
(AD) order on flanges from Spain.1 On
June 1, 2018, we published a notice of
opportunity to request an administrative
review of the Order.2 Based on timely
requests for administrative review, we
initiated an administrative review of six
companies: (1) ULMA Forja, S.Coop
(ULMA); (2) Grupo Cunado; (3)
Tubacero, S.L.; (4) Ateaciones De
Metales Sinterizados S.A.; (5)
Transglory S.A.; and (6) Central Y
Almacenes.3 On September 25, 2018, we
selected ULMA as the sole mandatory
respondent in this review.4 For a
complete description of the events that
followed the initiation of this
administrative review, see the
Preliminary Decision Memorandum.5
1 See
Finished Carbon Steel Flanges from Spain:
Antidumping Duty Order, 82 FR 27229 (June 14,
2017) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 25429
(June 1, 2018).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
39688 (August 10, 2018).
4 See Memorandum, ‘‘Selection of Respondents
for the 2017–2018 Administrative Review of the
Antidumping Duty Order on Finished Carbon Steel
Flanges from Spain,’’ dated September 25, 2018.
5 See Memorandum, ‘‘Finished Carbon Steel
Flanges from Spain: Decision Memorandum for
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Sfmt 4703
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s AD and Countervailing
Duty Centralized Electronic Service
System (ACCESS). ACCESS is available
to registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of topics
included in the Preliminary Decision
Memorandum is included as the
appendix to this notice.
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018 through the
resumption of operations on January 29,
2019.6 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. On
March 15, 2019, we extended the
deadline for the preliminary results by
120 days.7 The revised deadline for
these preliminary results is now August
9, 2019.
Scope of the Order
The scope of the Order covers
finished carbon steel flanges. Finished
carbon steel flanges are currently
classified under subheadings
7307.91.5010 and 7307.91.5050 of the
Harmonized Tariff Schedule of the
United States (HTSUS). They may also
be entered under HTSUS subheadings
7307.91.5030 and 7307.91.5070. The
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope is
dispositive. A full description of the
scope of the Order is contained in the
Preliminary Decision Memorandum.
Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
7 See Memorandum, ‘‘Finished Carbon Steel
Flanges from Spain: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review, 2017–2018,’’ dated March
15, 2019.
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Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Notices
preliminary results of review.8 Rebuttal
briefs may be filed no later than five
Commerce conducted this review in
days after case briefs are due and may
accordance with section 751 of the
respond only to arguments raised in the
Tariff Act of 1930, as amended (the Act). case briefs.9 Parties who submit case
Export price is calculated in accordance briefs or rebuttal briefs in this
with section 772 of the Act. Normal
proceeding are encouraged to submit
value is calculated in accordance with
with each argument: (1) A statement of
section 773 of the Act. For a full
the issue, (2) a brief summary of the
description of the methodology
argument, and (3) a table of
underlying these preliminary results,
authorities.10
see the Preliminary Decision
Pursuant to 19 CFR 351.310(c),
Memorandum.
interested parties who wish to request a
hearing must submit a written request to
Preliminary Results of Administrative
the Assistant Secretary for Enforcement
Review
and Compliance, filed electronically via
ACCESS. An electronically filed
We preliminarily determine that the
document must be received successfully
following weighted-average dumping
in its entirety by Commerce’s electronic
margins exist for the period February 8,
records system, ACCESS, by 5:00 p.m.
2017 through May 31, 2018:
Eastern Time within 30 days after the
Weighted- date of publication of this notice.11
average
Requests should contain: (1) The party’s
Exporter/manufacturer
dumping
name, address and telephone number;
margin
(2) the number of participants; and (3)
(percent)
a list of issues to be discussed. Issues
ULMA Forja, S.Coop ..................
4.40 raised in the hearing will be limited to
Grupo Cunado ............................
4.40 those raised in the respective case
Tubacero, S.L .............................
4.40 briefs.
Ateaciones De Metales
Unless otherwise extended,
Sinterizados S.A .....................
4.40 Commerce intends to issue the final
Transglory S.A ............................
4.40 results of this administrative review,
Central Y Almacenes ..................
4.40
which will include the results of its
analysis of issues raised in any briefs,
All-Others Rate
within 120 days of publication of these
preliminary results of review, pursuant
For the rate for non-selected
to section 751(a)(3)(A) of the Act.
respondents in an administrative
review, generally, Commerce looks to
Assessment Rate
section 735(c)(5) of the Act, which
Upon issuing the final results,
provides instructions for calculating the
Commerce will determine, and U.S.
all-others rate in a market economy
Customs and Border Protection (CBP)
investigation. Under section
shall assess, antidumping duties on all
735(c)(5)(A) of the Act, the all-others
appropriate entries covered by this
rate is normally ‘‘an amount equal to the
review.12 If the respondent’s weightedweighted-average of the estimated
average dumping margin is above de
weighted-average dumping margins
minimis (i.e., 0.50 percent) in the final
established for exporters and producers
results of this review, we intend to
individually investigated, excluding any calculate an importer-specific
zero or de minimis margins, and any
assessment rate on the basis of the ratio
margins determined entirely {on the
of the total amount of antidumping
basis of facts available}.’’ In this
duties calculated for the importer’s
segment of the proceeding, we
examined sales and the total entered
calculated a margin for ULMA that was
value of the sales in accordance with 19
not zero, de minimis, or based on facts
CFR 351.212(b)(1).13 If the respondent’s
available. Accordingly, we have
weighted-average dumping margin is
preliminarily applied the margin
zero or de minimis in the final results,
calculated for ULMA to the nonindividually examined respondents.
8 See 19 CFR 351.309(c)(ii).
Methodology
9 See
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Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to the parties within five days after
public announcement of the preliminary
results in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
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17:51 Aug 12, 2019
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19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.212(b)(1).
13 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
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40027
we will instruct CBP not to assess duties
on any of its entries in accordance with
the Final Modification for Reviews.14
The final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise under review
and for future deposits of estimated
duties, where applicable.
For entries of subject merchandise
during the POR produced by ULMA for
which it did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
for estimated antidumping duties will
be effective upon publication of the
notice of final results of this review for
all shipments of flanges from Spain
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for the companies under review,
will be the rate established in the final
results of the review (except, if the rate
is zero or de minimis, no cash deposit
will be required); (2) for merchandise
exported by producers or exporters not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation but
the producer is, the cash deposit rate
will be the rate established for the most
recent period for the producer of the
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 18.81 percent,15 the allothers rate established in the less-thanfair-value investigation.
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary
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.
14 Id.,
15 See
E:\FR\FM\13AUN1.SGM
77 FR at 8102.
Order, 82 FR 27229.
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Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Notices
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a 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 the 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.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(4).
Dated: August 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019–17328 Filed 8–12–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–857]
Oil Country Tubular Goods From India:
Preliminary No Shipments
Determination of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on oil country
tubular goods (OCTG) from India. The
period of review (POR) is September 1,
2017 through August 31, 2018. The
review covers one producer/exporter of
the subject merchandise, GVN Fuels,
Ltd. (GVN). We preliminarily determine
that GVN had no shipments of subject
merchandise during the POR. Interested
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AGENCY:
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parties are invited to comment on these
preliminary results.
DATES: August 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Charlotte Baskin-Gerwitz and Andrew
Huston AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4880 or
(202) 482–4261, respectively.
SUPPLEMENTARY INFORMATION:
Background
In response to Commerce’s notice of
opportunity to request an administrative
review on OCTG from India,1 United
States Steel Corporation, Maverick Tube
Corporation, Tenaris Bay City, Inc, TMK
IPSCO, Vallourec Star, L.P., and Welded
Tube USA (domestic interested parties)
timely requested an administrative
review with respect to GVN.2
Subsequently, on October 15, 2018,
Commerce received a letter from GVN
commenting that subject merchandise
produced and exported by GVN was
outside of the scope of antidumping
order and should not be subject to
administrative review.3 On November
15, 2018, Commerce published in the
Federal Register a notice of initiation of
an administrative review of the
antidumping duty order on OCTG from
India covering one company, GVN.4
Thereafter, Commerce clarified that the
administrative review excludes OCTG
from India ‘‘both produced and
exported’’ by GVN.5 In May and June
2019, Commerce requested clarification
from GVN regarding whether it was
responsible for the production, sale, or
shipment of subject merchandise during
the POR.6 On July 1, 2019, GVN
reported that it did not sell or export the
subject merchandise to the United
States during the POR that was
produced by any other company, nor, to
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 83 FR 45888,
45889 (September 11, 2018).
2 See Domestic Interested Parties’ Letter, ‘‘Oil
Country Tubular Goods from India: Request for
Administrative Review,’’ dated September 28, 2018.
3 See GVN’s Letter, ‘‘Oil Country Tubular Goods
from India: Comment on petitioner’s review
request,’’ dated October 15, 2018.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411 (November 15, 2018).
5 See Initiation Notice of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
9297, 9307 n.5 (March 14, 2019) (emphasis added).
6 See Commerce’s Letter, ‘‘Certain Oil Country
Tubular Goods (OCTG) from India: Administrative
Review Request,’’ dated May 20, 2019; see also
Commerce’s Letter, ‘‘Certain Oil Country Tubular
Goods from India: Administrative Review,’’ dated
June 26, 2019.
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its knowledge, was any subject
merchandise it produced shipped or
sold to the United States during the POR
by any other company.7 On July 2, 2019,
we transmitted a ‘‘No-Shipment
Inquiry’’ to U.S. Customs and Border
Protection (CBP) regarding GVN, to
which CBP responded that there were
no entries of subject merchandise
involving GVN as the producer or
exporter.8
On July 2, 2019, Commerce exercised
its discretion to extend the deadline for
these preliminary results until August
23, 2019.9
Scope of the Order
The merchandise covered by the order
is certain oil country tubular goods
(OCTG), which are hollow steel
products of circular cross-section,
including oil well casing and tubing, of
iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or
welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or
threaded and coupled) whether or not
conforming to American Petroleum
Institute (API) or non-API
specifications, whether finished
(including limited service OCTG
products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
protectors are attached. The scope of the
order also covers OCTG coupling stock.
Excluded from the scope of the order
are: casing or tubing containing 10.5
percent or more by weight of chromium;
drill pipe; unattached couplings; and
unattached thread protectors.
The merchandise subject to the order
is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7 See GVN’s Letter, ‘‘Oil Country Tubular Goods
from India: Reply to Department’s letter of June 26,
2019 on Antidumping administrative review of Oil
Country Tubular Goods (OCTG) from India,’’ dated
July 1, 2019.
8 See CBP’s Letter, ‘‘Certain oil country tubular
goods from India (A–533–857),’’ dated July 8, 2019
(CBP Letter).
9 See Memorandum, ‘‘Oil Country Tubular Goods
from India: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative
Review,’’ dated July 2, 2019.
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]]>Agencies
[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40026-40028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17328]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-815]
Finished Carbon Steel Flanges From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers or exporters of finished carbon steel flanges (flanges)
from Spain subject to this review made sales of subject merchandise at
less than normal value during the period of review (POR) February 8,
2017 through May 31, 2018. We invite interested parties to comment on
these preliminary results.
DATES: Applicable August 13, 2019.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On June 14, 2017, we published in the Federal Register an
antidumping duty (AD) order on flanges from Spain.\1\ On June 1, 2018,
we published a notice of opportunity to request an administrative
review of the Order.\2\ Based on timely requests for administrative
review, we initiated an administrative review of six companies: (1)
ULMA Forja, S.Coop (ULMA); (2) Grupo Cunado; (3) Tubacero, S.L.; (4)
Ateaciones De Metales Sinterizados S.A.; (5) Transglory S.A.; and (6)
Central Y Almacenes.\3\ On September 25, 2018, we selected ULMA as the
sole mandatory respondent in this review.\4\ For a complete description
of the events that followed the initiation of this administrative
review, see the Preliminary Decision Memorandum.\5\ The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's AD and Countervailing Duty Centralized
Electronic Service System (ACCESS). ACCESS is available to registered
users at https://access.trade.gov, and to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly on the internet at https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the Preliminary Decision
Memorandum are identical in content. A list of topics included in the
Preliminary Decision Memorandum is included as the appendix to this
notice.
---------------------------------------------------------------------------
\1\ See Finished Carbon Steel Flanges from Spain: Antidumping
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 25429 (June 1, 2018).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 39688 (August 10, 2018).
\4\ See Memorandum, ``Selection of Respondents for the 2017-2018
Administrative Review of the Antidumping Duty Order on Finished
Carbon Steel Flanges from Spain,'' dated September 25, 2018.
\5\ See Memorandum, ``Finished Carbon Steel Flanges from Spain:
Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018 through
the resumption of operations on January 29, 2019.\6\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. On March 15,
2019, we extended the deadline for the preliminary results by 120
days.\7\ The revised deadline for these preliminary results is now
August 9, 2019.
---------------------------------------------------------------------------
\6\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\7\ See Memorandum, ``Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review, 2017-2018,'' dated March 15, 2019.
---------------------------------------------------------------------------
Scope of the Order
The scope of the Order covers finished carbon steel flanges.
Finished carbon steel flanges are currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
Schedule of the United States (HTSUS). They may also be entered under
HTSUS subheadings 7307.91.5030 and 7307.91.5070. The HTSUS subheadings
are provided for convenience and customs purposes; the written
description of the scope is dispositive. A full description of the
scope of the Order is contained in the Preliminary Decision Memorandum.
[[Page 40027]]
Methodology
Commerce conducted this review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying these preliminary results,
see the Preliminary Decision Memorandum.
Preliminary Results of Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period February 8, 2017 through May 31,
2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop.......................................... 4.40
Grupo Cunado................................................ 4.40
Tubacero, S.L............................................... 4.40
Ateaciones De Metales Sinterizados S.A...................... 4.40
Transglory S.A.............................................. 4.40
Central Y Almacenes......................................... 4.40
------------------------------------------------------------------------
All-Others Rate
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted-
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' In this segment of the proceeding,
we calculated a margin for ULMA that was not zero, de minimis, or based
on facts available. Accordingly, we have preliminarily applied the
margin calculated for ULMA to the non-individually examined
respondents.
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of these preliminary results of
review.\8\ Rebuttal briefs may be filed no later than five days after
case briefs are due and may respond only to arguments raised in the
case briefs.\9\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue, (2) a brief summary of the argument, and (3) a
table of authorities.\10\
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\8\ See 19 CFR 351.309(c)(ii).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days after the date of publication of
this notice.\11\ Requests should contain: (1) The party's name, address
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs.
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\11\ See 19 CFR 351.310(c).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rate
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\12\ If the respondent's
weighted-average dumping margin is above de minimis (i.e., 0.50
percent) in the final results of this review, we intend to calculate an
importer-specific assessment rate on the basis of the ratio of the
total amount of antidumping duties calculated for the importer's
examined sales and the total entered value of the sales in accordance
with 19 CFR 351.212(b)(1).\13\ If the respondent's weighted-average
dumping margin is zero or de minimis in the final results, we will
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews.\14\ The final results of this
administrative review shall be the basis for the assessment of
antidumping duties on entries of merchandise under review and for
future deposits of estimated duties, where applicable.
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\12\ See 19 CFR 351.212(b)(1).
\13\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\14\ Id., 77 FR at 8102.
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For entries of subject merchandise during the POR produced by ULMA
for which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of final results of
this review for all shipments of flanges from Spain entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided by section 751(a)(2) of the Act: (1) The cash
deposit rate for the companies under review, will be the rate
established in the final results of the review (except, if the rate is
zero or de minimis, no cash deposit will be required); (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation but the
producer is, the cash deposit rate will be the rate established for the
most recent period for the producer of the merchandise; (4) the cash
deposit rate for all other producers or exporters will continue to be
18.81 percent,\15\ the all-others rate established in the less-than-
fair-value investigation.
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\15\ See Order, 82 FR 27229.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a preliminary 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.
[[Page 40028]]
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a 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 the 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.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Dated: August 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-17328 Filed 8-12-19; 8:45 am]
BILLING CODE 3510-DS-P
