Finished Carbon Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 57848-57850 [2019-23533]
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57848
Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Notices
company(ies) involved in the
transaction.6
Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of 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entered, or withdrawn from warehouse,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 rates for the reviewed
companies will be the rates shown
above, except if the rate is less than 0.50
percent (de minimis within the meaning
of 19 CFR 351.106(c)(1)), the cash
deposit will be zero; (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 recent period; (3)
if the exporter is not a firm covered in
this review, a previous review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all-other manufacturers or
exporters will continue to be 10.17
percent, the all-others rate established
in the LTFV investigation.7 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as the only
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.
Administrative Protective Order
In accordance with 19 CFR
351.305(a)(3), this notice also serves as
a reminder to parties subject to
6 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
7 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from India, 70 FR 5147, 5148 (February 1, 2005).
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administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO,
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213(h).
Dated: October 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the IDM
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Differential Pricing
Comment 2: Adverse Facts Available
V. Recommendation
[FR Doc. 2019–23534 Filed 10–28–19; 8:45 am]
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1646,
(202) 482–0413, or (202) 482–2924,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2018, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on flanges from
India, for the period February 8, 2017
through July 31, 2018.1 Subsequently,
Commerce received timely requests for
an administrative review from
Weldbend Corporation and Boltex
Manufacturing Co., L.P. (collectively,
the petitioners),2 Norma,3 Gupta,4 Jai
Auto Pvt. Ltd. (Jai Auto),5 and Bebitz
Flanges Works Private Limited (Bebitz).6
The petitioners requested an
administrative review of 35 companies,7
whereas Norma, Gupta, Jai Auto and
Bebitz requested an administrative
review of themselves.8 On October 4,
2018, Commerce initiated an
administrative review of the Order for
the period February 8, 2017 through
July 31, 2018, with respect to 37
companies.9 On November 9, 2018,
Commerce selected Gupta and Norma as
the mandatory respondents for this
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–871]
Finished Carbon Steel Flanges From
India: 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 finds that
Norma (India) Limited (Norma) and R.N.
Gupta & Co. Ltd. (Gupta), producers/
exporters of finished carbon steel
flanges (flanges) from India, sold subject
merchandise at prices below normal
value during the period of review (POR)
February 8, 2017 through July 31, 2018.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable October 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Heather Lui, Paul Walker, or Fred Baker,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
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1 See Finished Carbon Steel Flanges from India
and Italy: Antidumping Duty Orders, 82 FR 40136
(August 24, 2017) (Order); see also Antidumping or
Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 83 FR 38682, 38683 (August
7, 2018).
2 See Petitioners’ Letter, ‘‘Finished Carbon Steel
Flanges from India: Request for Administrative
Review,’’ dated August 31, 2018 (Petitioners’
Request for Review).
3 See Norma’s Letter, ‘‘Finished Carbon Steel
Flanges from India: Request for entry of appearance
in the Anti-Dumping Duty Administrative Review
for Norma (India) Limited, USK Export Private
Limited, Umashanker Khandelwal and Co. and
Bansidhar Chiranjilal,’’ dated August 28, 2018
(Norma’s Request for Review).
4 See Gupta’s Letter, ‘‘Finished Carbon Steel
Flanges from India: Request for Anti-Dumping Duty
Administrative Review,’’ dated August 30, 2018
(Gupta’s Request for Review).
5 See Jai Auto’s Letter, ‘‘Request for AntiDumping Duty Administrative Review of finished
carbon steel flanges from India,’’ dated August 31,
2018; see also Jai Auto’s Letter, ‘‘Finished Carbon
Steel Flanges from India: Requests for
Administrative Review,’’ dated August 31, 2018 (Jay
Auto’s Request for Review).
6 See Bebitz’s Letter, ‘‘Finished Carbon Steel
Flanges from India: Requests for Administrative
Review,’’ dated August 31, 2018 (Bebitz’s Request
for Review).
7 See Petitioners’ Request for Review, at 2–3.
8 See Norma’s Request for Review; Gupta’s
Request for Review; Jai Auto’s Request for Review;
and Bebitz’s Request for Review.
9 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
50077 (October 4, 2018) (Initiation Notice).
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Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Notices
review.10 For a complete description of
the events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.11
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the federal government from
December 22, 2018, through the
resumption of operations on January 29,
2019.12 On June 7, 2019 and September
6, 2019, Commerce extended the
deadline for the preliminary results of
this administrative review, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.213(h)(2).13 The
current deadline is October 10, 2019.
Scope of the Order
The merchandise covered by the
Order is finished carbon steel flanges
from India. The product is currently
classified under subheadings
7307.91.5010 and 7307.91.5050 of the
Harmonized Tariff System of the United
States (HTSUS). Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of merchandise
subject to the scope is dispositive.14
Companies Not Selected for Individual
Examination
For companies not selected for
individual examination 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 allothers rate is normally ‘‘an amount
equal to the weighted-average of the
estimated weighted-average dumping
10 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Finished Carbon Steel
Flanges from India: Respondent Selection,’’ dated
November 9, 2018.
11 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Finished Carbon Steel
Flanges from India; 2017–2018,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
12 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
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.
13 See Memorandum, ‘‘Finished Carbon Steel
Flanges from India: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated June 7, 2019; see
also Memorandum, ‘‘Finished Carbon Steel Flanges
from India: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative
Review,’’ dated September 6, 2019.
14 A full description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.
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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}.’’ In this segment of the
proceeding, we calculated a margin for
Norma and Gupta that was not zero, de
minimis, or based entirely on facts
available. Accordingly, Commerce
preliminarily has assigned to the
companies not individually examined a
margin of 1.71 percent, which is the
simple average of Gupta’s and Norma’s
calculated weighted-average dumping
margins.15
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of 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 our
conclusions, see the Preliminary
Decision Memorandum. 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,
room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Exporter/manufacturer
Weightedaverage
dumping
margin
(percent)
Norma (India) Limited/USK Exports Private Limited/Uma
Shanker Khandelwal & Co./
Bansidhar Chiranjilal 16 ...........
Adinath International ...................
Allena Group ...............................
Alloyed Steel ...............................
Bebitz Flanges Works Private
Limited .....................................
C.D. Industries ............................
CHQ Forge Pvt. Ltd ....................
CHW Forge .................................
Citizen Metal Depot ....................
Corum Flange .............................
DN Forge Industries ...................
Echjay Forgings Limited .............
Falcon Valves and Flanges Private Limited .............................
Heubach International ................
Hindon Forge Pvt. Ltd ................
Jai Auto Private Limited .............
Kinnari Steel Corporation ...........
M F Rings and Bearing Races
Ltd ...........................................
Mascot Metal Manufactures .......
OM Exports .................................
Punjab Steel Works (PSW) ........
R. D. Forge .................................
Raaj Sagar Steels ......................
Ravi Ratan Metal Industries .......
Rolex Fittings India Pvt. Ltd .......
Rollwell Forge Pvt. Ltd ...............
SHM (ShinHeung Machinery) .....
Siddhagiri Metal and Tubes .......
Sizer India ...................................
Steel Shape India .......................
Sudhir Forgings Pvt. Ltd .............
Tirupati Forge .............................
Umashanker Khandelwal Forging Limited ...............................
2.22
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
1.71
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Preliminary Results of the Review
As a result of this review, Commerce
preliminarily determines that the
following weighted-average dumping
margins exist for the period February 8,
2017 through July 31, 2018:
Exporter/manufacturer
R. N. Gupta & Co., Ltd ...............
Weightedaverage
dumping
margin
(percent)
1.20
15 See Memorandum, ‘‘Finished Carbon Steel
Flanges from India: Calculation of Non-Examined
Companies’ Rate,’’ dated concurrently with this
notice.
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16 In the preliminary determination of the lessthan-fair value investigation, Commerce determined
that Norma (India) Limited; USK Exports Private
Limited; Uma Shanker Khandelwal & Co.; and
Bansidhar Chiranjilal were a single entity. See
Finished Carbon Steel Flanges from India:
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 82 FR 9719 (February 8, 2017) and
accompanying Preliminary Decision Memorandum
at 4–5; unchanged in Finished Carbon Steel Flanges
from India: Final Determination of Sales at Less
Than Fair Value, 82 FR 29483 (June 29, 2017). In
these preliminary results, Norma has presented
evidence that the factual basis on which Commerce
made its prior determination has not changed. See
Norma’s March 1, 2019 Supplemental
Questionnaire Response (Norma March 1, 2019
SQR) at 12–20. Therefore, in this administrative
review, Commerce continues to collapse these four
entities, and treats them as a single entity.
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Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Notices
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of this
notice.17 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than five days after the
date for filing case briefs.18 Pursuant to
19 CFR 351.309(c)(2) and (d)(2), 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.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice. 19 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 and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
All submissions to Commerce must be
filed electronically using ACCESS, and
must also be served on interested
parties.20 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 on the date that the
document is due.
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.21
If Norma and Gupta’s calculated
weighted-average dumping margin is
above de minimis (i.e., greater than or
equal to 0.5 percent) in the final results
of this review, we will calculate
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of antidumping duties
17 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
19 See 19 CFR 351.310(c).
20 See 19 CFR 351.303 (for general filing
requirements).
21 See 19 CFR 351.212(b)(1).
18 See
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Jkt 250001
calculated for the examined sales to the
total entered value of the examined
sales to that importer, and we will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review. If Norma and Gupta’s
weighted-average dumping margin
continues to be zero or de minimis, or
the importer-specific assessment rate is
zero or de minimis, we will instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.22
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Norma and Gupta
for which each company did not know
that the merchandise was destined for
the United States, we will instruct CBP
we will instruct CBP to liquidate those
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.23
We intend to issue instructions to
CBP 15 days after the date of
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 administrative
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Norma and
Gupta will be the rate established in the
final results of this review, except if the
rate is de minimis within the meaning
of 19 CFR 351.106(c)(1) (i.e., less than
0.50 percent), in which case the cash
deposit rate will be zero; (2) for
merchandise exported by manufacturers
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 recentlycompleted segment; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recently-completed segment for
the manufacturer of the merchandise;
and (4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 11.95 percent, the allothers rate established in the less-thanfair-value investigation.24 These cash
deposit requirements, when imposed,
22 See
19 CFR 351.106(c)(2).
a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
24 See Order, 82 FR at 40138.
23 For
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shall remain in effect until further
notice.
Notification to Interested Parties
This notice also 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
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice.25
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: October 10, 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. Rates for Non-Examined Companies
V. Comparisons to Normal Value
VI. Recommendation
[FR Doc. 2019–23533 Filed 10–28–19; 8:45 am]
BILLING CODE 3510–DS–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), this notice announces that the
Information Collection Request (‘‘ICR’’)
abstracted below has been forwarded to
the Office of Management and Budget
(‘‘OMB’’) for review and comment. The
ICR describes the nature of the
SUMMARY:
25 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
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]]>Agencies
[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Notices]
[Pages 57848-57850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23533]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges From India: 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 finds that
Norma (India) Limited (Norma) and R.N. Gupta & Co. Ltd. (Gupta),
producers/exporters of finished carbon steel flanges (flanges) from
India, sold subject merchandise at prices below normal value during the
period of review (POR) February 8, 2017 through July 31, 2018. We
invite interested parties to comment on these preliminary results.
DATES: Applicable October 29, 2019.
FOR FURTHER INFORMATION CONTACT: Heather Lui, Paul Walker, or Fred
Baker, 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-
1646, (202) 482-0413, or (202) 482-2924, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2018, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on flanges from India, for the period February
8, 2017 through July 31, 2018.\1\ Subsequently, Commerce received
timely requests for an administrative review from Weldbend Corporation
and Boltex Manufacturing Co., L.P. (collectively, the petitioners),\2\
Norma,\3\ Gupta,\4\ Jai Auto Pvt. Ltd. (Jai Auto),\5\ and Bebitz
Flanges Works Private Limited (Bebitz).\6\ The petitioners requested an
administrative review of 35 companies,\7\ whereas Norma, Gupta, Jai
Auto and Bebitz requested an administrative review of themselves.\8\ On
October 4, 2018, Commerce initiated an administrative review of the
Order for the period February 8, 2017 through July 31, 2018, with
respect to 37 companies.\9\ On November 9, 2018, Commerce selected
Gupta and Norma as the mandatory respondents for this
[[Page 57849]]
review.\10\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\11\
---------------------------------------------------------------------------
\1\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order); see
also Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request Administrative Review, 83 FR
38682, 38683 (August 7, 2018).
\2\ See Petitioners' Letter, ``Finished Carbon Steel Flanges
from India: Request for Administrative Review,'' dated August 31,
2018 (Petitioners' Request for Review).
\3\ See Norma's Letter, ``Finished Carbon Steel Flanges from
India: Request for entry of appearance in the Anti-Dumping Duty
Administrative Review for Norma (India) Limited, USK Export Private
Limited, Umashanker Khandelwal and Co. and Bansidhar Chiranjilal,''
dated August 28, 2018 (Norma's Request for Review).
\4\ See Gupta's Letter, ``Finished Carbon Steel Flanges from
India: Request for Anti-Dumping Duty Administrative Review,'' dated
August 30, 2018 (Gupta's Request for Review).
\5\ See Jai Auto's Letter, ``Request for Anti-Dumping Duty
Administrative Review of finished carbon steel flanges from India,''
dated August 31, 2018; see also Jai Auto's Letter, ``Finished Carbon
Steel Flanges from India: Requests for Administrative Review,''
dated August 31, 2018 (Jay Auto's Request for Review).
\6\ See Bebitz's Letter, ``Finished Carbon Steel Flanges from
India: Requests for Administrative Review,'' dated August 31, 2018
(Bebitz's Request for Review).
\7\ See Petitioners' Request for Review, at 2-3.
\8\ See Norma's Request for Review; Gupta's Request for Review;
Jai Auto's Request for Review; and Bebitz's Request for Review.
\9\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation
Notice).
\10\ See Memorandum, ``Antidumping Duty Administrative Review of
Finished Carbon Steel Flanges from India: Respondent Selection,''
dated November 9, 2018.
\11\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Finished Carbon
Steel Flanges from India; 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 closure of the federal government from December 22, 2018, through
the resumption of operations on January 29, 2019.\12\ On June 7, 2019
and September 6, 2019, Commerce extended the deadline for the
preliminary results of this administrative review, in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.213(h)(2).\13\ The current deadline is October 10, 2019.
---------------------------------------------------------------------------
\12\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations 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.
\13\ See Memorandum, ``Finished Carbon Steel Flanges from India:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated June 7, 2019; see also Memorandum,
``Finished Carbon Steel Flanges from India: Extension of Deadline
for Preliminary Results of Antidumping Duty Administrative Review,''
dated September 6, 2019.
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Scope of the Order
The merchandise covered by the Order is finished carbon steel
flanges from India. The product is currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
System of the United States (HTSUS). Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of merchandise subject to the scope is dispositive.\14\
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\14\ A full description of the scope of the Order is contained
in the Preliminary Decision Memorandum.
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Companies Not Selected for Individual Examination
For companies not selected for individual examination 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 Norma and Gupta that was not
zero, de minimis, or based entirely on facts available. Accordingly,
Commerce preliminarily has assigned to the companies not individually
examined a margin of 1.71 percent, which is the simple average of
Gupta's and Norma's calculated weighted-average dumping margins.\15\
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\15\ See Memorandum, ``Finished Carbon Steel Flanges from India:
Calculation of Non-Examined Companies' Rate,'' dated concurrently
with this notice.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of 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 our
conclusions, see the Preliminary Decision Memorandum. 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, room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
Preliminary Results of the Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margins exist for the period
February 8, 2017 through July 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
R. N. Gupta & Co., Ltd...................................... 1.20
Norma (India) Limited/USK Exports Private Limited/Uma 2.22
Shanker Khandelwal & Co./Bansidhar Chiranjilal \16\........
Adinath International....................................... 1.71
Allena Group................................................ 1.71
Alloyed Steel............................................... 1.71
Bebitz Flanges Works Private Limited........................ 1.71
C.D. Industries............................................. 1.71
CHQ Forge Pvt. Ltd.......................................... 1.71
CHW Forge................................................... 1.71
Citizen Metal Depot......................................... 1.71
Corum Flange................................................ 1.71
DN Forge Industries......................................... 1.71
Echjay Forgings Limited..................................... 1.71
Falcon Valves and Flanges Private Limited................... 1.71
Heubach International....................................... 1.71
Hindon Forge Pvt. Ltd....................................... 1.71
Jai Auto Private Limited.................................... 1.71
Kinnari Steel Corporation................................... 1.71
M F Rings and Bearing Races Ltd............................. 1.71
Mascot Metal Manufactures................................... 1.71
OM Exports.................................................. 1.71
Punjab Steel Works (PSW).................................... 1.71
R. D. Forge................................................. 1.71
Raaj Sagar Steels........................................... 1.71
Ravi Ratan Metal Industries................................. 1.71
Rolex Fittings India Pvt. Ltd............................... 1.71
Rollwell Forge Pvt. Ltd..................................... 1.71
SHM (ShinHeung Machinery)................................... 1.71
Siddhagiri Metal and Tubes.................................. 1.71
Sizer India................................................. 1.71
Steel Shape India........................................... 1.71
Sudhir Forgings Pvt. Ltd.................................... 1.71
Tirupati Forge.............................................. 1.71
Umashanker Khandelwal Forging Limited....................... 1.71
------------------------------------------------------------------------
Disclosure and Public Comment
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\16\ In the preliminary determination of the less-than-fair
value investigation, Commerce determined that Norma (India) Limited;
USK Exports Private Limited; Uma Shanker Khandelwal & Co.; and
Bansidhar Chiranjilal were a single entity. See Finished Carbon
Steel Flanges from India: Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final Determination, 82 FR 9719
(February 8, 2017) and accompanying Preliminary Decision Memorandum
at 4-5; unchanged in Finished Carbon Steel Flanges from India: Final
Determination of Sales at Less Than Fair Value, 82 FR 29483 (June
29, 2017). In these preliminary results, Norma has presented
evidence that the factual basis on which Commerce made its prior
determination has not changed. See Norma's March 1, 2019
Supplemental Questionnaire Response (Norma March 1, 2019 SQR) at 12-
20. Therefore, in this administrative review, Commerce continues to
collapse these four entities, and treats them as a single entity.
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Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b).
[[Page 57850]]
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\17\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\18\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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.
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\17\ See 19 CFR 351.309(c)(1)(ii).
\18\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice. \19\ 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 and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\19\ See 19 CFR 351.310(c).
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All submissions to Commerce must be filed electronically using
ACCESS, and must also be served on interested parties.\20\ 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 on the date that the document is due.
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\20\ See 19 CFR 351.303 (for general filing requirements).
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\21\
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\21\ See 19 CFR 351.212(b)(1).
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If Norma and Gupta's calculated weighted-average dumping margin is
above de minimis (i.e., greater than or equal to 0.5 percent) in the
final results of this review, we will calculate importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the examined sales to that importer, and we will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review. If Norma and Gupta's weighted-average dumping
margin continues to be zero or de minimis, or the importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\22\
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\22\ See 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Norma and
Gupta for which each company did not know that the merchandise was
destined for the United States, we will instruct CBP we will instruct
CBP to liquidate those entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\23\
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\23\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after the date of
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 administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for Norma and Gupta will be the rate established in the final results
of this review, except if the rate is de minimis within the meaning of
19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in which case the
cash deposit rate will be zero; (2) for merchandise exported by
manufacturers 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 recently-completed
segment; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
recently-completed segment for the manufacturer of the merchandise; and
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 11.95 percent, the all-others rate established in the
less-than-fair-value investigation.\24\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\24\ See Order, 82 FR at 40138.
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Notification to Interested Parties
This notice also 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), Commerce intends
to issue the final results of this administrative review, including the
results of its analysis of issues raised in any written briefs, not
later than 120 days after the date of publication of this notice.\25\
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\25\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: October 10, 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. Rates for Non-Examined Companies
V. Comparisons to Normal Value
VI. Recommendation
[FR Doc. 2019-23533 Filed 10-28-19; 8:45 am]
BILLING CODE 3510-DS-P
