Finished Carbon Steel Flanges From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 55551-55553 [2019-22668]
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
juice dispenser parts (faucet adapter;
faucet body without shank; faucet
bonnet; faucet handle; faucet; handle;
knob); foot cover-up for chafer legs;
handle (for carving board set; for ice
cream box; for insulated urn); chafer
cover knob; chafer leg; chafer side
handle); various rubber components
(buffet display cart and/or transport cart
parts (bumper; edge; wheel (with steel
connector)); bumper; edge; buffet cart
wheel); various plastic components
(buffet display cart and/or transport cart
parts (curtain divider; divider clip; lamp
clip); ice box parts (cover; ice mold;
insert; pan); faucet seal washer; post for
glass shelves; resin shelf for buffet
display; attaching strip for buffet cart
curtain; washer; buffet cart wheels);
various iron or steel components (flange
stud; Sterno® chafer frame; helical
spring clamp; insert adapter for top of
chafer (Sterno®); non-flange stud; pan
head screw; adapter plate to convert
between quart capacity for soup heater;
Sterno® chafer cover; grill grate for use
with solid fuel; locknut; lockwasher;
holder for electric heater holder for
chafer; Sterno® chafer holder; Sterno®
chafer stand; washer; water pan (for use
with Sterno® chafers); Sterno® grill riser
box; thumb screw; circular heat lamp
base; spring; screw; thumb nut for
Sterno® chafer; nut; frame for butane
grill; hex head bolt; insert pan for soup
heater (Sterno®); portable grill stand (for
use with fuel)); various stainless steel
components (insulated coffee urn and
its parts (leg stand; body; cover and
knob; side handle; internal shank;
stand); internal bracket and faucet; juice
dispenser knob (brass-plated); knob for
stainless steel cover; wire rack; chafer
stand (for use with electric heat and
Sterno®); carving station frame; adapter
for soup heater to convert between quart
capacity (electric heat or Sterno®); bar
spacing; bar for ice box cover; wine
bucket knob; beverage tub; beverage tub
(plated in another metal); buffet riser;
carving board frame; chafer (used with
electric heat and Sterno®); chafing dish
for use with grills; coffee pot; coffee urn
body; chafer cover (use with electric
heat and Sterno®); chafer cover (Sterno®
heat); faucet adapter for juice dispenser;
faucet ring; food pan; frame for chafer
used with electric heat and/or Sterno®;
frame for soup heater used with electric
heat and/or Sterno®; grill chafer (used
with electric heat and Sterno®); grill
chafer (used with electric heat and
Sterno®) with glass cover; ice box; ice
cream box and its parts (insert; cover;
knob); insulated milk container; juice
dispenser feet; pastry stand; pastry tray;
post and spacers for pastry stand; round
grill chafer cover with silver plating;
VerDate Sep<11>2014
17:26 Oct 16, 2019
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serving fork; stand for chafers and/or
coffee towers; Sterno® chafer; tile for
use with food cooling unit; top nest for
juice dispenser; top ring for juice
dispenser; water pan; water pan (with
silver plating); juice dispenser cover;
plastic-coated buffet riser; juice
dispenser stand; chrome-plated parts
(faucet handle for juice dispenser; faucet
set for juice dispenser; flex arms for heat
lamp top; faucet body set for juice
dispenser without shank; faucet ring for
juice dispenser); bent pin for faucet
handle for juice dispenser; insert pan for
soup heater; ice bucket; spring for
faucet; chafer (multi-use); faucet handle
for juice dispenser; chafer knob; juice
dispenser knob; soup heater cover
(electric heat or Sterno®)); various
polycarbonate components (body for
juice dispenser with stainless steel
shank and ice ring; body with shank and
ice sleeve for juice dispenser; body with
stainless steel frame for juice dispenser;
body with stainless steel shank and ice
sleeve for juice dispenser; body with
stainless steel shank for juice dispenser;
carving board); various silver-plated
components (juice dispenser knob; ring
for juice dispenser faucet nuts; juice
dispenser stand); various silver-plated
stainless steel components (juice
dispenser cover; carving station frame;
knob for polycarbonate juice dispenser;
stand for polycarbonate juice dispenser;
handle for carving display); and, various
wood components (juice dispenser
stand; buffet riser; carving board) (duty
rate ranges from duty-free to 25%). The
request indicates that certain materials/
components are subject to special duties
under Section 301 of the Trade Act of
1974 (Section 301), depending on the
country of origin. The applicable
Section 301 decisions require subject
merchandise to be admitted to FTZs in
privileged foreign status (19 CFR
146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
November 26, 2019.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Juanita Chen at juanita.chen@trade.gov
or 202–482–1378.
Dated: October 10, 2019.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2019–22658 Filed 10–16–19; 8:45 am]
BILLING CODE 3510–DS–P
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55551
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–835]
Finished Carbon Steel Flanges From
Italy: 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 finished carbon steel flanges from
Italy are being sold in the United States
at less than normal value during the
period of review (POR). The POR is
February 8, 2017 through July 31, 2018.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or Brian C. Davis, 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) 482–3931 or (202) 482–7924,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
These preliminary results of review
are issued in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). On October 4, 2018,
in accordance with section 751(a) of the
Act and 19 CFR 351.221(c)(1)(i),
Commerce published the notice of
initiation for the administrative review.1
In the Initiation Notice, Commerce
stated that, where appropriate, it
intended to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR.2 After receiving no comments on
the CBP data from parties with an
administrative protective order,
Commerce selected ASFO S.p.A.
(ASFO) and Forgital Italy S.p.A.
(Forgital) from 27 possible respondents
for individual examination in this
review.3
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018 through the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
50077 (October 4, 2018) (Initiation Notice).
2 Id.
3 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Finished Carbon Steel
Flanges from Italy: Respondent Selection,’’ dated
November 16, 2018, 1–5.
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
resumption of operations on January 29,
2019, moving the deadline for the
preliminary results of this review to
June 12, 2019.4 On June 6, 2019, we
extended the time limit for completion
of the preliminary results of the review
to no later than October 10, 2019.5 For
a complete description of the events that
followed the initiation of the review, see
the Preliminary Decision
Memorandum.6
A list of topics included in the
Preliminary Decision Memorandum is
included in the Appendix to this notice.
The Preliminary 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 to all
parties in the Central Records Unit,
located in room B8094 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Order
The products covered by the scope of
the order are finished carbon steel
flanges from Italy. For a complete
description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. For a full description of the
methodology underlying the
preliminary results, see the Preliminary
Decision Memorandum.
Facts Available
Pursuant to section 776(a) of the Act,
Commerce is preliminarily relying upon
facts otherwise available to assign
estimated weighted-average dumping
4 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.
5 See Memorandum, ‘‘Finished Carbon Steel
Flanges from Italy: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018,’’ dated June 6,
2019.
6 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Finished Carbon Steel
Flanges from Italy; 2017–2018,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
VerDate Sep<11>2014
17:26 Oct 16, 2019
Jkt 250001
margins to the respondents selected for
individual examination in this review,
because both ASFO and Forgital
withheld necessary information that
was requested by Commerce, thereby
significantly impeding the conduct of
the review. Further, Commerce
preliminarily determines that both
ASFO and Forgital failed to cooperate
by not acting to the best of their abilities
to comply with requests for information
and, thus, Commerce is applying an
adverse inference in selecting among the
facts available, in accordance with
section 776(b) of the Act. For a full
description of the methodology
underlying our conclusions regarding
the application of adverse facts available
(AFA), see the Preliminary Decision
Memorandum.
Rate for Non-Selected Companies
In accordance with the U.S. Court of
Appeals for the Federal Circuit’s
decision in Albemarle Corp. v. United
States,7 we are applying to the nonselected companies a rate based on the
simple average of the individual rates
preliminarily applied to ASFO and
Forgital in this administrative review, or
204.53 percent. For a detailed
discussion, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine that, for
the period February 8, 2017 through
July 31, 2018, the following dumping
margins exist:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
ASFO S.p.A ..........................
Forgital Italy S.p.A ................
ASFO S.p.A.—FOMAS
Group ................................
Assotherm srl ........................
Bifrangi S.p.A ........................
CAT Carpenteria Metallica
srl ......................................
Costruzione Ricambi Machine Industriali .................
Filmag Italia S.r.l ...................
FOC Ciscato S.p.Ar ..............
FOMAS .................................
Forgia Di Bollate S.p.A .........
Forgiatura A. Vienna
diAntonio Vienna ...............
Franchini Acciai S.p.A ..........
Galperti Forged Products .....
Inox Laghi S.r.l .....................
KIASMA SRL ........................
Iml Industria Meccanica
Ligure ................................
Martin Valmore srl ................
M.E.G.A. S.p.A .....................
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
7 See Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016).
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Producer/exporter
Weightedaverage
dumping
margin
(percent)
Metalfar Prodotti Industriali,
S.p.A .................................
Officine Ambrogio Melesi &
C. S.R.L ............................
Officine di Cortabbio s.r.l ......
OFFICINE MECCANICHE
CIOCCA S.p.A ..................
Office SANTAFEDE ..............
Siderforgerossi Group S.p.A
UNIGEN Steel Engineering ..
VALVITALIA S.p.A ................
204.53
204.53
204.53
204.53
204.53
204.53
204.53
204.53
Disclosure and Public Comment
Normally, Commerce discloses the
calculations performed in connection
with preliminary results to interested
parties within five days after the date of
publication of this notice.8 Because
Commerce preliminarily applied total
AFA to each of the mandatory
respondents in this review, in
accordance with section 776 of the Act,
there are no calculations to disclose.
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.9
Rebuttal briefs, the content of which is
limited to the issues raised in the case
briefs, must be filed within five days
from the deadline date for the
submission of case briefs.10 Parties who
submit case or rebuttal briefs in this
proceeding are requested to submit with
each argument: (1) A statement of the
issue; (2) a brief summary of the
argument; and (3) a table of
authorities.11 Case and rebuttal briefs
should be filed using ACCESS.12
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 the Department’s
electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days
after the date of publication of this
notice.13 Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
8 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
10 See 19 CFR 351.309(d)(1) and (2).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See generally 19 CFR 351.303.
13 See 19 CFR 351.310(c).
9 See
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.14 Parties
should confirm the date, time, and
location of the hearing two days before
the scheduled date.
Unless extended, Commerce intends
to issue the final results of this
administrative review, which will
include the results of our analysis of all
issues raised in the case and rebuttal
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.15 If the
preliminary results are unchanged for
the final results, we will instruct CBP to
apply an ad valorem assessment rate of
204.53 percent to all entries of subject
merchandise during the POR which
were produced and/or exported by
ASFO, Forgital and the aforementioned
companies which were not selected for
individual examination. We intend to
issue liquidation instructions to CBP 15
days after publication of the final results
of this review.
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 entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for ASFO, Forgital and
the other companies listed above will be
equal to the dumping margin
established in the final results of this
administrative review; (2) for previously
reviewed or investigated companies not
listed above, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, a prior review, or in the
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
19 CFR 351.310(d).
15 See 19 CFR 351.212(b).
17:26 Oct 16, 2019
Notification to Importers
This notice also serves as a 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 review period. 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.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and
sections 19 CFR 351.213(h)(1) and
351.221(b)(4).
Dated: October 9, 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. Application of Facts Available and Use of
Adverse Inference
V. Rate for Non-Selected Companies
VI. Recommendation
[FR Doc. 2019–22668 Filed 10–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-The-Road
Tires from the People’s Republic of
China; 2012–2013: Notice of Court
Decision Not in Harmony With Final
Results of Administrative Review and
Notice of Amended Final Results of
Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 3, 2019, the
United States Court of International
AGENCY:
16 See Finished Carbon Steel Flanges from India
and Italy: Antidumping Duty Orders, 82 FR 40136,
40138 (August 24, 2017).
14 See
VerDate Sep<11>2014
producers or exporters will continue to
be the all-others rate of 79.17 percent,
the rate established in the investigation
of this proceeding.16 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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55553
Trade (the Court) issued a final
judgment in China Manufacturers
Alliance, LLC. and Double Coin
Holdings Ltd., et al. v. United States,
Consol. Court No. 15–00124; Slip Op.
19–115 (CIT September 3, 2019) (China
Mfr. Alliance III), sustaining the
Department of Commerce’s (Commerce)
remand results for the fifth
administrative review of the
antidumping duty (AD) order on certain
new pneumatic off-the-road tires (OTR
tires) from the People’s Republic of
China (China) covering the period of
review (POR) September 1, 2012
through August 31, 2013. Commerce is
notifying the public that the Court has
made a final judgment that is not in
harmony with Commerce’s final results
of the administrative review, and that
Commerce is amending the final results
with respect to certain exporters
identified herein.
DATES: Applicable September 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Keith Haynes, AD/CVD Operations
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC, 20230; telephone: (202) 482–5139.
SUPPLEMENTARY INFORMATION:
Background
On April 15, 2015, Commerce issued
its Final Results 1 in the fifth
administrative review of the AD order
on OTR tires from China. The plaintiffs
in this litigation, mandatory respondent
Double Coin Holdings Ltd and its
affiliated U.S. importer China
Manufacturers Alliance, LLC, and
mandatory respondent Guizhou Tyre
Co., Ltd. and Guizhou Tyre Import and
Export Co., Ltd. (collectively, GTC),
timely filed complaints with the Court
challenging certain aspects of
Commerce’s Final Results.2 Domestic
interested parties Titan Tire Corporation
and United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO–CLC
intervened as defendant-intervenors, but
withdrew from these cases on
September 29, 2017.3
On February 6, 2017, the Court
remanded Commerce’s Final Results.4 In
1 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2012–
2013, 80 FR 20197 (April 15, 2015) (Final Results)
and accompanying Issues and Decision
Memorandum (IDM).
2 See China Mfr. Alliance III, at 2.
3 Id.
4 See China Manufacturers Alliance, LLC et al. v.
United States, Consol. Court No. 15–00124, Slip Op
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]]>Agencies
[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55551-55553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22668]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-835]
Finished Carbon Steel Flanges From Italy: 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 finished carbon steel flanges from Italy are being sold in the
United States at less than normal value during the period of review
(POR). The POR is February 8, 2017 through July 31, 2018. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable October 17, 2019.
FOR FURTHER INFORMATION CONTACT: Edythe Artman or Brian C. Davis, 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) 482-3931 or (202)
482-7924, respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results of review are issued in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On
October 4, 2018, in accordance with section 751(a) of the Act and 19
CFR 351.221(c)(1)(i), Commerce published the notice of initiation for
the administrative review.\1\ In the Initiation Notice, Commerce stated
that, where appropriate, it intended to select respondents based on
U.S. Customs and Border Protection (CBP) data for U.S. imports during
the POR.\2\ After receiving no comments on the CBP data from parties
with an administrative protective order, Commerce selected ASFO S.p.A.
(ASFO) and Forgital Italy S.p.A. (Forgital) from 27 possible
respondents for individual examination in this review.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation
Notice).
\2\ Id.
\3\ See Memorandum, ``Antidumping Duty Administrative Review of
Finished Carbon Steel Flanges from Italy: Respondent Selection,''
dated November 16, 2018, 1-5.
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018 through
the
[[Page 55552]]
resumption of operations on January 29, 2019, moving the deadline for
the preliminary results of this review to June 12, 2019.\4\ On June 6,
2019, we extended the time limit for completion of the preliminary
results of the review to no later than October 10, 2019.\5\ For a
complete description of the events that followed the initiation of the
review, see the Preliminary Decision Memorandum.\6\
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\4\ 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.
\5\ See Memorandum, ``Finished Carbon Steel Flanges from Italy:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated June 6, 2019.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Finished Carbon
Steel Flanges from Italy; 2017-2018,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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A list of topics included in the Preliminary Decision Memorandum is
included in the Appendix to this notice. The Preliminary 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 to all parties in the
Central Records Unit, located in room B8094 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Scope of the Order
The products covered by the scope of the order are finished carbon
steel flanges from Italy. For a complete description of the scope, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying the preliminary results, see the Preliminary Decision
Memorandum.
Facts Available
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available to assign estimated weighted-
average dumping margins to the respondents selected for individual
examination in this review, because both ASFO and Forgital withheld
necessary information that was requested by Commerce, thereby
significantly impeding the conduct of the review. Further, Commerce
preliminarily determines that both ASFO and Forgital failed to
cooperate by not acting to the best of their abilities to comply with
requests for information and, thus, Commerce is applying an adverse
inference in selecting among the facts available, in accordance with
section 776(b) of the Act. For a full description of the methodology
underlying our conclusions regarding the application of adverse facts
available (AFA), see the Preliminary Decision Memorandum.
Rate for Non-Selected Companies
In accordance with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle Corp. v. United States,\7\ we are
applying to the non-selected companies a rate based on the simple
average of the individual rates preliminarily applied to ASFO and
Forgital in this administrative review, or 204.53 percent. For a
detailed discussion, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
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Preliminary Results of Review
We preliminarily determine that, for the period February 8, 2017
through July 31, 2018, the following dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
ASFO S.p.A.............................................. 204.53
Forgital Italy S.p.A.................................... 204.53
ASFO S.p.A.--FOMAS Group................................ 204.53
Assotherm srl........................................... 204.53
Bifrangi S.p.A.......................................... 204.53
CAT Carpenteria Metallica srl........................... 204.53
Costruzione Ricambi Machine Industriali................. 204.53
Filmag Italia S.r.l..................................... 204.53
FOC Ciscato S.p.Ar...................................... 204.53
FOMAS................................................... 204.53
Forgia Di Bollate S.p.A................................. 204.53
Forgiatura A. Vienna diAntonio Vienna................... 204.53
Franchini Acciai S.p.A.................................. 204.53
Galperti Forged Products................................ 204.53
Inox Laghi S.r.l........................................ 204.53
KIASMA SRL.............................................. 204.53
Iml Industria Meccanica Ligure.......................... 204.53
Martin Valmore srl...................................... 204.53
M.E.G.A. S.p.A.......................................... 204.53
Metalfar Prodotti Industriali, S.p.A.................... 204.53
Officine Ambrogio Melesi & C. S.R.L..................... 204.53
Officine di Cortabbio s.r.l............................. 204.53
OFFICINE MECCANICHE CIOCCA S.p.A........................ 204.53
Office SANTAFEDE........................................ 204.53
Siderforgerossi Group S.p.A............................. 204.53
UNIGEN Steel Engineering................................ 204.53
VALVITALIA S.p.A........................................ 204.53
------------------------------------------------------------------------
Disclosure and Public Comment
Normally, Commerce discloses the calculations performed in
connection with preliminary results to interested parties within five
days after the date of publication of this notice.\8\ Because Commerce
preliminarily applied total AFA to each of the mandatory respondents in
this review, in accordance with section 776 of the Act, there are no
calculations to disclose.
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\8\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\9\ Rebuttal briefs, the
content of which is limited to the issues raised in the case briefs,
must be filed within five days from the deadline date for the
submission of case briefs.\10\ Parties who submit case or rebuttal
briefs in this proceeding are requested to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\11\ Case and rebuttal briefs should be
filed using ACCESS.\12\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1) and (2).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See generally 19 CFR 351.303.
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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 the Department's electronic records system, ACCESS,
by 5:00 p.m. Eastern Time within 30 days after the date of publication
of this notice.\13\ Requests should contain: (1) The party's name,
address and telephone number; (2) the number of participants; and (3) a
list of issues parties intend to discuss. Issues raised in the hearing
will be limited to those raised in the respective case and rebuttal
briefs. If a request for a hearing is made, Commerce intends to hold
the
[[Page 55553]]
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date and time to be determined.\14\
Parties should confirm the date, time, and location of the hearing two
days before the scheduled date.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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Unless extended, Commerce intends to issue the final results of
this administrative review, which will include the results of our
analysis of all issues raised in the case and rebuttal briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\15\ If the preliminary results are
unchanged for the final results, we will instruct CBP to apply an ad
valorem assessment rate of 204.53 percent to all entries of subject
merchandise during the POR which were produced and/or exported by ASFO,
Forgital and the aforementioned companies which were not selected for
individual examination. We intend to issue liquidation instructions to
CBP 15 days after publication of the final results of this review.
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\15\ See 19 CFR 351.212(b).
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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 entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for ASFO, Forgital
and the other companies listed above will be equal to the dumping
margin established in the final results of this administrative review;
(2) for previously reviewed or investigated companies not listed above,
the cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which they were reviewed; (3) if the exporter is not a firm covered in
this review, a prior review, or in the investigation, but the producer
is, the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be the all-others rate of 79.17 percent, the
rate established in the investigation of this proceeding.\16\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\16\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136, 40138 (August 24, 2017).
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Notification to Importers
This notice also serves as a 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 review period. 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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and sections 19 CFR
351.213(h)(1) and 351.221(b)(4).
Dated: October 9, 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. Application of Facts Available and Use of Adverse Inference
V. Rate for Non-Selected Companies
VI. Recommendation
[FR Doc. 2019-22668 Filed 10-16-19; 8:45 am]
BILLING CODE 3510-DS-P
