Stainless Steel Bar From India: Final Results of Administrative Review of the Antidumping Duty Order; 2017-2018., 56179-56181 [2019-22867]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
standalone submission; under limited
circumstances Commerce will grant
untimely-filed requests for the extension
of time limits. Parties should review
Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013),
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting
extension requests or factual
information in this investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.46
Parties must use the certification
formats provided in 19 CFR
351.303(g).47 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Instructions for filing such applications
may be found on the Commerce website
at https://enforcement.trade.gov/apo.
On January 22, 2008, Commerce
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
46 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
47 See
VerDate Sep<11>2014
16:52 Oct 18, 2019
Jkt 250001
appearance as discussed in 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this
investigation is certain glass containers with
a nominal capacity of 0.059 liters (2.0 fluid
ounces) up to and including 4.0 liters
(135.256 fluid ounces) and an opening or
mouth with a nominal outer diameter of 14
millimeters up to and including 120
millimeters. The scope includes glass jars,
bottles, flasks and similar containers; with or
without their closures; whether clear or
colored; and with or without design or
functional enhancements (including, but not
limited to, handles, embossing, labeling, or
etching).
Excluded from the scope of the
investigation are: (1) Glass containers made
of borosilicate glass, meeting United States
Pharmacopeia requirements for Type 1
pharmaceutical containers; (2) glass
containers without ‘‘mold seams,’’ ‘‘joint
marks,’’ or ‘‘parting lines;’’ and (3) glass
containers without a ‘‘finish’’ (i.e., the
section of a container at the opening
including the lip and ring or collar, threaded
or otherwise compatible with a type of
closure to seal the container’s contents,
including but not limited to a lid, cap, or
cork).
Glass containers subject to this
investigation are specified within the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings
7010.90.5005, 7010.90.5009, 7010.90.5015,
7010.90.5019, 7010.90.5025, 7010.90.5029,
7010.90.5035, 7010.90.5039, 7010.90.5045,
7010.90.5049, and 7010.90.5055. The HTSUS
subheadings are provided for convenience
and customs purposes only. The written
description of the scope of the investigation
is dispositive.
[FR Doc. 2019–22869 Filed 10–18–19; 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 Administrative Review of
the Antidumping Duty Order; 2017–
2018.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has determined that certain
producers/exporters of stainless steel
AGENCY:
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
56179
bar (SS Bar) from India made sales of
subject merchandise at less than normal
value (NV) during the period of review
(POR) February 1, 2017 through January
31, 2018.
DATES: Applicable October 21, 2019.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla, 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) 482–3477.
SUPPLEMENTARY INFORMATION:
Background
On April 16, 2019, Commerce
published the preliminary results of this
administrative review.1 This review
covers four producers/exporters of the
subject merchandise, Venus Wire
Industries Pvt. Ltd. and its affiliates
Precision Metals, Sieves Manufacturers
(India) Pvt. Ltd., and Hindustan Inox
Ltd. (collectively, the Venus Group),
Jindal Stainless Hisar Ltd. (JSHL), Jindal
Stainless Limited, and Laxcon Steels
Limited (Laxcon). We invited parties to
comment on the Preliminary Results.
On May 31, 2019, we received case
briefs from the Venus Group, JSHL and
Laxcon.2 On June 14, 2019, we received
rebuttal briefs from the petitioners,3 and
from Laxcon.4 On July 15, 2019,
Commerce held a public hearing at the
request of JSHL and the Venus Group.5
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(B) and (2) of the
Tariff Act of 1930, as amended (the Act).
1 See Stainless Steel Bar from India: Preliminary
Results of Antidumping Duty Administrative
Review; 2017–2018, 84 FR 15582 (April 16, 2019)
(Preliminary Results).
2 See Venus Group’s Letter, ‘‘Antidumping Duty
Investigation of Stainless Steel Bar from India:
Venus Group Case Brief,’’ dated May 31, 2019; see
also JSHL’s Letter, ‘‘Stainless Steel Bar from India:
Jindal Stainless (Hisar) Limited’s Case Brief,’’ dated
May 31, 2019; and ‘‘Stainless Steel Bar from India:
Laxcon Case Brief,’’ dated May 31, 2019.
3 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.
4 See Petitioners’ Letters, ‘‘Petitioners’ Rebuttal
Brief Concerning the Venus Group,’’ dated June 14,
2019; ‘‘Petitioners’ Rebuttal Brief Concerning Jindal
Stainless (Hisar) Limited,’’ dated June 14, 2019; and
‘‘Petitioners’ Rebuttal Brief Concerning Laxcon
Steels Limited,’’ dated June 14, 2019; see also
Laxcon’s Letter, ‘‘Stainless Steel Bar from India:
Laxcon Rebuttal Brief,’’ dated June 14, 2019
(Laxcon’s Rebuttal Brief).
5 See JSHL’s Letter, ‘‘Stainless Steel Bar From
India; Jindal Stainless (Hisar) Limited’s Request for
a Hearing,’’ dated May 15, 2019; and Venus Group’s
Letter, ‘‘Stainless Steel Bar from India: Request for
Hearing,’’ dated May 16, 2019; see also Hearing
Transcript, dated July 15, 2019, Bar Code 3866774–
01.
E:\FR\FM\21OCN1.SGM
21OCN1
56180
Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices
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
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.
khammond on DSKJM1Z7X2PROD with NOTICES
Analysis of Comments Received
The issues raised by interested parties
in their case and rebuttal briefs have
been addressed in the Issues and
Decision Memorandum. The Issues and
Decision Memorandum is a public
document and is made available to the
public 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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Enforcement and
Compliance website at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
VerDate Sep<11>2014
16:52 Oct 18, 2019
Jkt 250001
Decision Memorandum are identical in
content. A list of the topics discussed in
the Issues and Decision Memorandum is
attached as an Appendix to this notice.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the margin calculations with
regard to the Venus Group. These
changes affect the margins assigned to
the mandatory respondent and to the
non-selected respondent. For a
discussion of these changes, see the
Issues and Decision Memorandum.6
Final Results of Review
Commerce determines that the
following weighted-average dumping
margins exist for the period February 1,
2017 through January 31, 2018:
Group for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
Consistent with Commerce practice,
for Jindal Stainless Limited, which had
no reviewable entries of subject
merchandise to the United States, we
will instruct CBP to liquidate any
applicable entries of subject
merchandise at the all-others rate.7
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
will be effective upon publication of the
Weighted- notice of final results of this review for
average
all shipments of SS Bar from India
Producer/exporter
dumping
entered, or withdrawn from warehouse,
margin
(percent)
for consumption on or after the date of
publication as provided by section
The Venus Group .......................
5.35 751(a)(2) of the Act: (1) The cash deposit
Jindal Stainless (Hisar) Limited ..
52.84
rate for companies subject to this review
Laxcon Steels Limited ................
5.35
will be the rates established in the final
results of the review; (2) for
Disclosure
merchandise exported by producers or
With respect to the Venus Group, we
exporters not covered in this review but
intend to disclose the calculations
covered in a prior segment of the
performed for these final results to the
proceeding, the cash deposit rate will
parties within five days after public
continue to be the company-specific rate
announcement of the final results in
published for the most recent period; (3)
accordance with 19 CFR 351.224(b).
if the exporter is not a firm covered in
Because we determined an antidumping this review, a prior review, or the
duty margin for Jindal in these final
original investigation, but the producer
results based on the application of
is, then the cash deposit rate will be the
adverse facts available, in accordance
rate established for the most recent
with section 776 of the Act, there are no period for the producer of the
calculations to disclose.
merchandise; (4) the cash deposit rate
for all other producers or exporters will
Assessment Rates
continue to be 12.45 percent, the allUpon issuance of the final results in
others rate established in the less-thanthis administrative review, Commerce
fair-value investigation.8 These cash
shall determine, and U.S. Customs and
deposit requirements, when imposed,
Border Protection (CBP) shall assess,
shall remain in effect until further
antidumping duties on all appropriate
notice.
entries covered by this POR. If the
preliminary results are unchanged for
Notification to Importers
the final results, we will instruct CBP to
This notice serves as a final reminder
apply the ad valorem assessment rates
to importers of their responsibility
listed above to all entries of subject
under 19 CFR 351.402(f)(2) to file a
merchandise during the POR which
certificate regarding the reimbursement
were exported by the companies named of antidumping and/or countervailing
above.
duties prior to liquidation of the
For entries of subject merchandise
relevant entries during this review
during the POR produced by the Venus
period. Failure to comply with this
requirement could result in the
6
See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Stainless Steel Bar from India,’’ dated concurrently
with this notice; see also Memorandum,
‘‘Administrative Review of the Antidumping Duty
Order on Stainless Steel Bar from India: Final
Analysis Memorandum for the Venus Group,’’
dated concurrently with this notice.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
7 For a full discussion, see Antidumping and
Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003)
(May 2003 Clarification).
8 See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Bar from
India, 59 FR 66915, 66921 (December 28, 1994).
E:\FR\FM\21OCN1.SGM
21OCN1
Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Notices
Secretary’s presumption that
reimbursement of the antidumping and/
or countervailing duties occurred and
the subsequent assessment of double
antidumping duties.
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.
We are issuing and publishing these
results of review in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Use of AFA
VI. Discussion of the Issues
VII. Recommendation
[FR Doc. 2019–22867 Filed 10–18–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XX017]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The Assistant Regional
Administrator for Sustainable Fisheries,
Greater Atlantic Region, NMFS, has
made a preliminary determination that
an application submitted by the Cape
Cod Commercial Fishermen’s Alliance
for an exempted fishing permit contains
all of the required information and
warrants further consideration. This
exempted fishing permit would allow
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:52 Oct 18, 2019
Jkt 250001
two commercial fishing vessels
participating in an electronic
monitoring program to fish in the
Southern New England Regulated Mesh
Area with a 6-inch (15.24 cm) diamond
mesh codend. Regulations under the
Magnuson-Stevens Fishery
Conservation and Management Act
require publication of this notification
to provide interested parties the
opportunity to comment on applications
for proposed exempted fishing permits.
DATES: Comments must be received on
or before November 5, 2019.
ADDRESSES: You may submit written
comments by either of the following
methods:
• Email: nmfs.gar.efp@noaa.gov.
Include in the subject line ‘‘6–INCH
MESH CODEND EM EFP.’’
• Mail: Michael Pentony, Regional
Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope ‘‘6–
INCH MESH CODEND EM EFP.’’
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, 978–281–9232.
SUPPLEMENTARY INFORMATION: On May 1,
2019, NMFS granted an exempted
fishing permit (EFP) to the Cape Cod
Commercial Fishermen’s Alliance, in
partnership with The Nature
Conservancy, the Maine Coast
Fishermen’s Association, the Gulf of
Maine Research Institute, and fishermen
to participate in an audit-model EM
program for the groundfish fishery.
Fifteen vessels using a variety of gear
types (e.g., hook, benthic longline, sink
gillnet, bottom trawl) are participating
in the project.
Vessels participating in this EFP are
required to use EM on 100 percent of
groundfish trips. Camera systems are
used in lieu of human at-sea monitors,
and in addition to Northeast Fishery
Observer Program (NEFOP) observers.
Vessels must adhere to a vessel-specific
monitoring plan detailing at-sea catch
handling protocols. Vessels also submit
haul-level electronic vessel trip reports
(eVTR) with count and weight estimates
for all groundfish discards.
The Alliance subsequently requested
an exemption from the 6.5-inch (15.24
cm) minimum mesh size. This
exemption request was treated as a
separate EFP application, rather than an
amendment to the audit model EM EFP.
The requested EFP would allow two
trawl vessels participating in the EM
program to outfit their commercial otter
trawl nets with 6-inch diamond mesh
codends, in order to facilitate catch of
haddock, reduce bycatch of flatfish
species, and test the feasibility of EM
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
56181
programs as a data collection tool for
research. There would be no other
modifications to the trawl gear. This
EFP would exempt vessels from the
codend minimum mesh size restriction
in the Southern New England Regulated
Mesh Area found at 50 CFR
648.80(b)(2)(i). While fishing on this
EFP the participating vessels would also
be participating in the audit-model EM
EFP. They would continue to be
required to use EM systems on 100
percent of groundfish trips and adhere
to vessel-specific monitoring plans.
Existing catch accounting, video review,
and other EM protocols would remain
in effect for these operations.
Participating vessels would conduct
commercial fishing with the small mesh
codend in Southern New England
(SNE), specifically statistical areas 537,
539, 611, and 613. The application
estimates that each of the two vessels
participating with the exemption from
minimum codend mesh size would take
35 day-trips during the project. The EFP
would be active from January to April
2019. Of the 35 trips that each vessel
plans to take during that time period,
the number of trips taken with a 6-inch
mesh codend under the proposed EFP
would vary, based on the presence of
haddock, the target species for the
project. On EFP trips, four to five hauls
would be made per day, with each tow
length averaging 2 to 3 hours. While on
these trips, vessels may switch back to
a standard 6.5-inch mesh codend to
retain operational flexibility.
The applicant states that a switch
from a 6.5-inch square mesh codend to
the 6-inch diamond mesh codend would
improve catch of haddock, a healthy
stock, while reducing catch of several
flounder species. Based on a codend
mesh selectivity study which compared
retention length and size selection range
for 6.5- and 6-inch square and diamond
mesh, the applicant additionally states
that 6-inch diamond mesh is unlikely to
retain undersized haddock.
Additionally, the Alliance would
compare the discard data collected from
trips taken by vessels fishing with a 6inch diamond mesh codend to trips
with the standard 6.5-inch mesh
codend. The Alliance states that this
comparison would also demonstrate the
usefulness of EM systems as tools for
research.
If approved, the applicant may
request minor modifications and
extensions to the EFP throughout the
year. EFP modifications and extensions
may be granted without further notice if
they are deemed essential to facilitate
completion of the proposed research
and have minimal impacts that do not
change the scope or impact of the
E:\FR\FM\21OCN1.SGM
21OCN1
]]>Agencies
[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56179-56181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22867]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Final Results of Administrative
Review of the Antidumping Duty Order; 2017-2018.
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) February 1, 2017 through January 31, 2018.
DATES: Applicable October 21, 2019.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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) 482-3477.
SUPPLEMENTARY INFORMATION:
Background
On April 16, 2019, Commerce published the preliminary results of
this administrative review.\1\ This review covers four producers/
exporters of the subject merchandise, Venus Wire Industries Pvt. Ltd.
and its affiliates Precision Metals, Sieves Manufacturers (India) Pvt.
Ltd., and Hindustan Inox Ltd. (collectively, the Venus Group), Jindal
Stainless Hisar Ltd. (JSHL), Jindal Stainless Limited, and Laxcon
Steels Limited (Laxcon). We invited parties to comment on the
Preliminary Results.
---------------------------------------------------------------------------
\1\ See Stainless Steel Bar from India: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018, 84 FR 15582
(April 16, 2019) (Preliminary Results).
---------------------------------------------------------------------------
On May 31, 2019, we received case briefs from the Venus Group, JSHL
and Laxcon.\2\ On June 14, 2019, we received rebuttal briefs from the
petitioners,\3\ and from Laxcon.\4\ On July 15, 2019, Commerce held a
public hearing at the request of JSHL and the Venus Group.\5\
---------------------------------------------------------------------------
\2\ See Venus Group's Letter, ``Antidumping Duty Investigation
of Stainless Steel Bar from India: Venus Group Case Brief,'' dated
May 31, 2019; see also JSHL's Letter, ``Stainless Steel Bar from
India: Jindal Stainless (Hisar) Limited's Case Brief,'' dated May
31, 2019; and ``Stainless Steel Bar from India: Laxcon Case Brief,''
dated May 31, 2019.
\3\ 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.
\4\ See Petitioners' Letters, ``Petitioners' Rebuttal Brief
Concerning the Venus Group,'' dated June 14, 2019; ``Petitioners'
Rebuttal Brief Concerning Jindal Stainless (Hisar) Limited,'' dated
June 14, 2019; and ``Petitioners' Rebuttal Brief Concerning Laxcon
Steels Limited,'' dated June 14, 2019; see also Laxcon's Letter,
``Stainless Steel Bar from India: Laxcon Rebuttal Brief,'' dated
June 14, 2019 (Laxcon's Rebuttal Brief).
\5\ See JSHL's Letter, ``Stainless Steel Bar From India; Jindal
Stainless (Hisar) Limited's Request for a Hearing,'' dated May 15,
2019; and Venus Group's Letter, ``Stainless Steel Bar from India:
Request for Hearing,'' dated May 16, 2019; see also Hearing
Transcript, dated July 15, 2019, Bar Code 3866774-01.
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the
Act).
[[Page 56180]]
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 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.
Analysis of Comments Received
The issues raised by interested parties in their case and rebuttal
briefs have been addressed in the Issues and Decision Memorandum. The
Issues and Decision Memorandum is a public document and is made
available to the public 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
is available to all parties in the Central Records Unit, Room B8024 of
the main Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the
Enforcement and Compliance website at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic
version of the Issues and Decision Memorandum are identical in content.
A list of the topics discussed in the Issues and Decision Memorandum is
attached as an Appendix to this notice.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculations with regard to the Venus Group.
These changes affect the margins assigned to the mandatory respondent
and to the non-selected respondent. For a discussion of these changes,
see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Stainless Steel Bar from India,'' dated concurrently with this
notice; see also Memorandum, ``Administrative Review of the
Antidumping Duty Order on Stainless Steel Bar from India: Final
Analysis Memorandum for the Venus Group,'' dated concurrently with
this notice.
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period February 1, 2017 through January 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
The Venus Group............................................. 5.35
Jindal Stainless (Hisar) Limited............................ 52.84
Laxcon Steels Limited....................................... 5.35
------------------------------------------------------------------------
Disclosure
With respect to the Venus Group, we intend to disclose the
calculations performed for these final results to the parties within
five days after public announcement of the final results in accordance
with 19 CFR 351.224(b). Because we determined an antidumping duty
margin for Jindal in these final results based on the application of
adverse facts available, in accordance with section 776 of the Act,
there are no calculations to disclose.
Assessment Rates
Upon issuance of the final results in this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this POR. If the preliminary results are unchanged for the final
results, we will instruct CBP to apply the ad valorem assessment rates
listed above to all entries of subject merchandise during the POR which
were exported by the companies named above.
For entries of subject merchandise during the POR produced by the
Venus Group 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.
Consistent with Commerce practice, for Jindal Stainless Limited,
which had no reviewable entries of subject merchandise to the United
States, we will instruct CBP to liquidate any applicable entries of
subject merchandise at the all-others rate.\7\
---------------------------------------------------------------------------
\7\ For a full discussion, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May
6, 2003) (May 2003 Clarification).
---------------------------------------------------------------------------
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 will be effective upon
publication of the notice of final results of this review for all
shipments of SS Bar from India 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 companies
subject to this review will be the rates established in the final
results of the review; (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, then 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 12.45 percent, the all-others rate
established in the less-than-fair-value investigation.\8\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\8\ See Notice of Final Determination of Sales at Less Than Fair
Value: Stainless Steel Bar from India, 59 FR 66915, 66921 (December
28, 1994).
---------------------------------------------------------------------------
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 and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the
[[Page 56181]]
Secretary's presumption that reimbursement of the antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties.
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.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i) of the Act.
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Use of AFA
VI. Discussion of the Issues
VII. Recommendation
[FR Doc. 2019-22867 Filed 10-18-19; 8:45 am]
BILLING CODE 3510-DS-P
