Finished Carbon Steel Flanges From India: Final Results of Antidumping Duty Administrative Review; 2017-2018, 21391-21394 [2020-08137]
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Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–814, A–580–899, A–791–824]
Acetone From Belgium, the Republic
of South Africa, and the Republic of
Korea: Correction to Antidumping Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is correcting the
antidumping duty (AD) orders on
acetone from Belgium, the Republic of
South Africa (South Africa), and the
Republic of Korea (Korea).
DATES: Applicable April 17, 2020.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4956.
SUPPLEMENTARY INFORMATION: On March
31, 2020, Commerce published in the
Federal Register the antidumping duty
orders for acetone from Belgium, South
Africa, and Korea.1 Pursuant to section
733(d) of the Act, suspension of
liquidation instructions issued pursuant
to an affirmative preliminary AD
determination may not remain in effect
for more than four months, except
where exporters representing a
significant proportion of exports of the
subject merchandise request Commerce
to extend that four-month period to no
more than six months. In the Orders, we
erroneously stated that the six-month
period, beginning on the date of
publication of the Preliminary
Determinations,2 ended on March 22,
2020.3 However, the 180-day period,
beginning on the date of publication of
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
1 See Acetone from Belgium, the Republic of
South Africa, and the Republic of Korea:
Antidumping Duty Orders, 85 FR 17866 (March 31,
2020) (Orders).
2 See Acetone from Belgium: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 84 FR
49999 (September 24, 2019); see also Acetone from
the Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 84 FR 50005
(September 24, 2019); and Acetone from the
Republic of South Africa: Preliminary Affirmative
Determination of Sales and Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 84 FR 49984
(September 24, 2019) (collectively, Preliminary
Determinations).
3 See Orders at 17867.
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the Preliminary Determinations, ended
on March 21, 2020.
AD duties will be assessed on
unliquidated entries of acetone from
Belgium, South Africa, and Korea
entered, or withdrawn from warehouse,
for consumption on or after September
24, 2019 (which is the date of
publication of the Preliminary
Determinations), but will not be
assessed on entries occurring after the
expiration of the provisional measures
period on March 21, 2020, and before
publication of the International Trade
Commission’s final affirmative injury
determinations. No other changes have
been made to the Orders.
These corrected orders are published
in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: April 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–08140 Filed 4–16–20; 8:45 am]
21391
Gupta & Co. Ltd. (Gupta) for individual
examination as the mandatory
respondents in this administrative
review.2 On October 29, 2019,
Commerce published the Preliminary
Results of this administrative review
and invited interested parties to
comment.3 On December 2, 2019,
Norma Group submitted its case brief.4
On the same day, Weldbend
Corporation and Boltex Manufacturing
Co., L.P. (collectively, the petitioners),
submitted two case briefs, one related to
Norma Group and one related to Gupta.5
On December 9, 2019, Norma Group and
Gupta each submitted a rebuttal brief.6
However, Commerce rejected Gupta’s
rebuttal brief on February 7, 2020,
because it contained untimely
submitted factual information.7 Gupta
submitted a redacted version of its
original rebuttal brief on February 10,
2020.8 No other party submitted case or
rebuttal briefs. On February 13, 2020,
we extended the deadline for these final
results, until April 10, 2020.9
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–871]
Finished Carbon Steel Flanges From
India: Final Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that the producers/
exporters subject to this administrative
review made sales of finished carbon
steel flanges (flanges) from India at less
than normal value during the period of
review (POR), February 8, 2017 through
July 31, 2018.
DATES: Applicable April 17, 2020.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2924.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This administrative review covers 37
producers/exporters of the subject
merchandise. Commerce selected two
companies, the Norma Group 1 and R.N.
1 The Norma Group consists of the following
companies: Norma (India) Limited (Norma), USK
Exports Private Limited, Uma Shanker Khandelwal
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& Co., and Bansidhar Chiranjilal. The agency
collapsed these companies for purposes of
respondent selection because they were collapsed
in a prior segment of this proceeding (i.e.,
investigation). 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 Determination
Memorandum at 4 (collectively, Preliminary
Determination); unchanged in Finished Carbon
Steel Flanges from India: Final Determination of
Sales at Less Than Fair Value, 82 FR 29483 (June
29, 2017) (Final Determination). Norma Group
presented evidence that the factual basis on which
Commerce made its prior determination has not
changed. See Norma Group’s March 1, 2019
Supplemental Questionnaire Response (Norma
Group March 1, 2019 SQR) at 12–20. Accordingly,
we continue to collapse and treat these companies
as a single entity for purposes of this proceeding.
2 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Finished Carbon Steel
Flanges from India: Respondent Selection,’’ dated
November 9, 2018.
3 See Finished Carbon Steel Flanges from India:
Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018, 84 FR 57848
(October 29, 2019), and accompanying Preliminary
Decision Memorandum (collectively, the
Preliminary Results).
4 See Norma Group’s Case Brief, ‘‘Finished
Carbon Steel Flanges from India: Norma’s
Comments on the Preliminary Results,’’ dated
December 2, 2019.
5 See Petitioners’ Case Briefs, ‘‘Finished Carbon
Steel Flanges from India: Case Brief—Weldbend
Corporation and Boltex Manufacturing Co., L.P.,’’
dated December 2, 2019.
6 See Norma Group’s Rebuttal Brief, ‘‘Finished
Carbon Steel Flanges from India: Norma’s Rebuttal
Comments,’’ dated December 9, 2019.
7 See Commerce Letter, ‘‘Finished Carbon Steel
Flanges from India: Rejection of Rebuttal Brief,’’
dated February 7, 2020.
8 See Gupta Rebuttal Brief, ‘‘Finished Carbon
Steel Flanges from India: Redacted Rebuttal Brief of
R.N. Gupta & Company Limited,’’ dated February
10, 2020.
9 See Memorandum, ‘‘Finished Carbon Steel
Flanges from India: Extension of Deadline for Final
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17APN1
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Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices
Scope of the Order 10
Analysis of Comments Received
The scope of the Order covers
finished carbon steel flanges. Finished
carbon steel flanges are currently
classified under subheadings
7307.91.5010 and 7307.91.5050 of the
Harmonized Tariff Schedule of the
United States (HTSUS). They may also
be entered under HTSUS subheadings
7307.91.5030 and 7307.91.5070. While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
Order is dispositive. A full description
of the scope of the Order is contained
in the Issues and Decision
Memorandum.11
All issues raised by the parties in
their case and rebuttal briefs are listed
in the appendix to this notice and
addressed in the Issues and Decision
Memorandum. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and 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 internet 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.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, and for the reasons
explained in the Issues and Decision
Memorandum, Commerce made certain
changes to the preliminary weightedaverage dumping margin for the Norma
Group, and the companies not selected
for individual examination in this
administrative review.
Final Results of Administrative Review
For these final results, we determine
that the following weighted-average
dumping margins exist for the period
February 8, 2017 through July 31, 2018:
Weighted-average
dumping margin
(percent)
Producers/exporters
R.N. Gupta & Co., Ltd .................................................................................................................................................................
Norma (India) Limited/USK Exports Private Limited/Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal 12 ........................
Adinath International ....................................................................................................................................................................
Allena Group ................................................................................................................................................................................
Alloyed Steel ................................................................................................................................................................................
Bebitz Flanges Works Private Limited ........................................................................................................................................
C.D. Industries .............................................................................................................................................................................
CHW Forge Pvt. Ltd 13 ................................................................................................................................................................
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 & Tubes ............................................................................................................................................................
Sizer India ....................................................................................................................................................................................
Steel Shape India ........................................................................................................................................................................
Sudhir Forgings Pvt. Ltd ..............................................................................................................................................................
Tirupati Forge ..............................................................................................................................................................................
Umashanker Khandelwal Forging Limited ...................................................................................................................................
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Rate for Non-Selected Respondents
For the rate for non-selected
respondents in an administrative
review, generally, Commerce looks to
Results of Antidumping Duty Administrative
Review,’’ dated February 13, 2020.
10 See Finished Carbon Steel Flanges from India
and Italy: Antidumping Duty Orders, 82 FR 40136
(August 24, 2017) (the Order).
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1.20
0.00
1.20
1.20
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1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
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1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20
section 735(c)(5) of the Tariff Act of
1930, as amended (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
11 See Memorandum, ‘‘Issues and Decisions
Memorandum for the Final Results of
Administrative Review: Finished Carbon Steel
Flanges from India; 2017–2018,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decisions Memorandum).
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Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices
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 weighted-average dumping
margin for Gupta that was not zero, de
minimis, or based on facts available.
Accordingly, we applied the weightedaverage dumping margin calculated for
Gupta to the non-individually examined
respondents.
Disclosure of Calculations
We intend to disclose the calculations
performed for these final results to
parties in this proceeding within five
days of the date of publication of this
notice, in accordance with 19 CFR
351.224(b).
Assessment Rates
jbell on DSKJLSW7X2PROD with NOTICES
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce shall determine and U.S.
Customs and Border Protection (CBP)
shall assess antidumping duties on all
appropriate entries. For Gupta, because
its weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), Commerce has calculated
importer-specific antidumping duty
assessment rates. We calculated
importer-specific ad valorem
antidumping duty assessment rates by
aggregating the total amount of dumping
calculated for the examined sales of
each importer and dividing each of
these amounts by the total entered value
associated with those sales. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review where an importerspecific assessment rate is not zero or de
minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
importer-specific assessment rate is zero
or de minimis.
For Norma, we will instruct CBP to
liquidate its entries during the POR
12 Commerce previously collapsed these
companies for purposes of respondent selection,
because they were collapsed in a prior segment of
this proceeding (i.e., investigation). See Preliminary
Determination); unchanged in Final Determination.
Norma Group presented evidence that the factual
basis on which Commerce made its prior
determination has not changed. See Norma Group
March 1, 2019 SQR at 12–20. Accordingly, we
continue to collapse and treat these companies as
a single entity for purposes of this proceeding.
13 The name of this company was incorrected
spelled ‘‘CHQ Forge Pvt. Ltd.’’ in the initiation
notice. See Petitioners’ Letter, ‘‘Finished Carbon
Steel Flanges from India: Request for
Administrative Review,’’ dated August 31, 2018;
and Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 83 FR 50077 (October
4, 2018).
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18:19 Apr 16, 2020
Jkt 250001
imported by the importers identified in
its questionnaire responses without
regard to antidumping duties because its
weighted-average dumping margin in
these final results is zero.14
For companies that were not selected
for individual examination, we will
instruct CBP to liquidate unreviewed
entries based on the methodology
described in the ‘‘Rate for Non-Selected
Respondents’’ section, above.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by any company upon which
we initiated an administrative review,
for which they did not know that the
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.15
We intend to issue instructions to
CBP 15 days after publication of the
final results of this administrative
review.
Cash Deposit Requirements
The following deposit requirements
for estimated antidumping duties will
be effective upon publication of the
notice of these final results of review for
all shipments of flanges from India
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rates for the reviewed
companies will be the rates established
in these final results of review, except
if the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (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 subject merchandise; (4) the cash
deposit rate for all other producers or
exporters will continue to be 8.91
14 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103, 8103
(February 14, 2012).
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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21393
percent,16 the all-others rate established
in the less-than-fair-value investigation.
These cash deposit requirements shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
and/or countervailing duties occurred
and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to APO of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), 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 the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing notice
of these final results in accordance with
sections 751(a) and 777(i)(1) of the Act.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until May 19,
2020, unless extended.17
Dated: April 10, 2020.
Jeffrey I. Kessler,
Assistant Secretaryfor 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 from the Preliminary Results
V. Discussion of the Issues
Comment 1: Gupta’s Scrap Offset
Comment 2: Gupta’s Interest Income Offset
Comment 3: Operating Expenses of
Bansidhar Chiranjilal
Comment 4: Ministerial Error
16 See
Order, 82 FR at 40138 (August 24, 2017).
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020).
17 See
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Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices
VI. Recommendation
Performance Excellence Program, NIST,
100 Bureau Drive, Mail Stop 1020,
Gaithersburg, MD 20899–1020;
telephone 301–975–2361; fax 301–975–
4967; or via email at robyn.verner@
nist.gov.
[FR Doc. 2020–08137 Filed 4–16–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Committee Information
National Institute of Standards and
Technology
Request for Nominations for Members
To Serve on National Institute of
Standards and Technology Federal
Advisory Committees
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice.
AGENCY:
The National Institute of
Standards and Technology (NIST or
Institute) invites and requests
nomination of individuals for
appointment to seven existing Federal
Advisory Committees (Committees):
Board of Overseers of the Malcolm
Baldrige National Quality Award;
Judges Panel of the Malcolm Baldrige
National Quality Award; Information
Security and Privacy Advisory Board;
Manufacturing Extension Partnership
Advisory Board; National Construction
Safety Team Advisory Committee;
Advisory Committee on Earthquake
Hazards Reduction; and Visiting
Committee on Advanced Technology.
NIST will consider nominations
received in response to this notice for
appointment to the Committees, in
addition to nominations already
received. Registered Federal lobbyists
may not serve on NIST Federal
Advisory Committees in an individual
capacity.
DATES: Nominations for all Committees
will be accepted on an ongoing basis
and will be considered as and when
vacancies arise.
ADDRESSES: See below.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
Board of Overseers of the Malcolm
Baldrige National Quality Award
Address: Please submit nominations
to Robert Fangmeyer, Director, Baldrige
Performance Excellence Program, NIST,
100 Bureau Drive, Mail Stop 1020,
Gaithersburg, MD 20899–1020.
Nominations may also be submitted via
fax to 301–975–4967. Additional
information regarding the Committee,
including its charter, current
membership list, and executive
summary, may be found at https://
www.nist.gov/baldrige/community/
overseers.cfm.
Contact Information: Robyn Verner,
Designated Federal Officer, Baldrige
VerDate Sep<11>2014
18:19 Apr 16, 2020
Jkt 250001
The Board of Overseers of the
Malcolm Baldrige National Quality
Award (Board) was established in
accordance with 15 U.S.C.
3711a(d)(2)(B), pursuant to the Federal
Advisory Committee Act, as amended, 5
U.S.C. App.
Objectives and Duties
1. The Board shall review the work of
the private sector contractor(s), which
assists the Director of NIST in
administering the Malcolm Baldrige
National Quality Award (Award). The
Board will make such suggestions for
the improvement of the Award process
as it deems necessary.
2. The Board shall make an annual
report on the results of Award activities
to the Director of NIST, along with its
recommendations for the improvement
of the Award process.
3. The Board will function solely as
an advisory committee under the
Federal Advisory Committee Act, as
amended, 5 U.S.C. App.
4. The Board will report to the
Director of NIST.
Membership
1. The Board will consist of at least
five and approximately 12 members
selected on a clear, standardized basis,
in accordance with applicable
Department of Commerce guidance, and
for their preeminence in the field of
organizational performance excellence.
There will be a balanced representation
from U.S. service, manufacturing,
nonprofit, education, and health care
industries. The Board will include
members familiar with the quality,
performance improvement operations,
and competitiveness issues of
manufacturing companies, service
companies, small businesses,
nonprofits, health care providers, and
educational institutions.
2. Board members will be appointed
by the Secretary of Commerce for threeyear terms and will serve at the
discretion of the Secretary. All terms
will commence on March 1 and end on
the last day of February of the
appropriate years.
Miscellaneous
1. Members of the Board shall serve
without compensation, but may, upon
request, be reimbursed travel expenses,
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including per diem, as authorized by 5
U.S.C. 5701 et seq.
2. The Board will meet at least
annually, but usually two times a year.
Additional meetings may be called as
deemed necessary by the NIST Director
or by the Chairperson. Meetings are
usually one day in duration.
3. Board meetings are open to the
public. Board members do not have
access to classified or proprietary
information in connection with their
Board duties.
Nomination Information
1. Nominations are sought from the
private and public sector as described
above.
2. Nominees should have established
records of distinguished service and
shall be familiar with the quality
improvement operations and
competitiveness issues of manufacturing
companies, service companies, small
businesses, educational institutions,
health care providers, and nonprofit
organizations. The category (field of
eminence) for which the candidate is
qualified should be specified in the
nomination letter. Nominations for a
particular category should come from
organizations or individuals within that
category. A summary of the candidate’s
qualifications should be included with
the nomination, including (where
applicable) current or former service on
Federal advisory boards and Federal
employment. In addition, each
nomination letter should state that the
person agrees to the nomination,
acknowledges the responsibilities of
serving on the Board, and will actively
participate in good faith in the tasks of
the Board. Besides participation at
meetings, it is desired that members be
able to devote the equivalent of seven
days between meetings to either
developing or researching topics of
potential interest, and so forth, in
furtherance of their Board duties.
3. The Department of Commerce is
committed to equal opportunity in the
workplace and seeks a broad-based and
diverse Board membership.
Judges Panel of the Malcolm Baldrige
National Quality Award
Address: Please submit nominations
to Robert Fangmeyer, Director, Baldrige
Performance Excellence Program, NIST,
100 Bureau Drive Mail Stop 1020,
Gaithersburg, MD 20899–1020.
Nominations may also be submitted via
fax to 301–975–4967. Additional
information regarding the Committee,
including its charter, current
membership list, and executive
summary, may be found at https://
www.nist.gov/baldrige/how-baldrige-
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]]>Agencies
[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21391-21394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08137]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges From India: Final Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the
producers/exporters subject to this administrative review made sales of
finished carbon steel flanges (flanges) from India at less than normal
value during the period of review (POR), February 8, 2017 through July
31, 2018.
DATES: Applicable April 17, 2020.
FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2924.
SUPPLEMENTARY INFORMATION:
Background
This administrative review covers 37 producers/exporters of the
subject merchandise. Commerce selected two companies, the Norma Group
\1\ and R.N. Gupta & Co. Ltd. (Gupta) for individual examination as the
mandatory respondents in this administrative review.\2\ On October 29,
2019, Commerce published the Preliminary Results of this administrative
review and invited interested parties to comment.\3\ On December 2,
2019, Norma Group submitted its case brief.\4\ On the same day,
Weldbend Corporation and Boltex Manufacturing Co., L.P. (collectively,
the petitioners), submitted two case briefs, one related to Norma Group
and one related to Gupta.\5\ On December 9, 2019, Norma Group and Gupta
each submitted a rebuttal brief.\6\ However, Commerce rejected Gupta's
rebuttal brief on February 7, 2020, because it contained untimely
submitted factual information.\7\ Gupta submitted a redacted version of
its original rebuttal brief on February 10, 2020.\8\ No other party
submitted case or rebuttal briefs. On February 13, 2020, we extended
the deadline for these final results, until April 10, 2020.\9\
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\1\ The Norma Group consists of the following companies: Norma
(India) Limited (Norma), USK Exports Private Limited, Uma Shanker
Khandelwal & Co., and Bansidhar Chiranjilal. The agency collapsed
these companies for purposes of respondent selection because they
were collapsed in a prior segment of this proceeding (i.e.,
investigation). 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 Determination Memorandum at 4
(collectively, Preliminary Determination); unchanged in Finished
Carbon Steel Flanges from India: Final Determination of Sales at
Less Than Fair Value, 82 FR 29483 (June 29, 2017) (Final
Determination). Norma Group presented evidence that the factual
basis on which Commerce made its prior determination has not
changed. See Norma Group's March 1, 2019 Supplemental Questionnaire
Response (Norma Group March 1, 2019 SQR) at 12-20. Accordingly, we
continue to collapse and treat these companies as a single entity
for purposes of this proceeding.
\2\ See Memorandum, ``Antidumping Duty Administrative Review of
Finished Carbon Steel Flanges from India: Respondent Selection,''
dated November 9, 2018.
\3\ See Finished Carbon Steel Flanges from India: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018, 84 FR
57848 (October 29, 2019), and accompanying Preliminary Decision
Memorandum (collectively, the Preliminary Results).
\4\ See Norma Group's Case Brief, ``Finished Carbon Steel
Flanges from India: Norma's Comments on the Preliminary Results,''
dated December 2, 2019.
\5\ See Petitioners' Case Briefs, ``Finished Carbon Steel
Flanges from India: Case Brief--Weldbend Corporation and Boltex
Manufacturing Co., L.P.,'' dated December 2, 2019.
\6\ See Norma Group's Rebuttal Brief, ``Finished Carbon Steel
Flanges from India: Norma's Rebuttal Comments,'' dated December 9,
2019.
\7\ See Commerce Letter, ``Finished Carbon Steel Flanges from
India: Rejection of Rebuttal Brief,'' dated February 7, 2020.
\8\ See Gupta Rebuttal Brief, ``Finished Carbon Steel Flanges
from India: Redacted Rebuttal Brief of R.N. Gupta & Company
Limited,'' dated February 10, 2020.
\9\ See Memorandum, ``Finished Carbon Steel Flanges from India:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated February 13, 2020.
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[[Page 21392]]
Scope of the Order \10\
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\10\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (the Order).
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The scope of the Order covers finished carbon steel flanges.
Finished carbon steel flanges are currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
Schedule of the United States (HTSUS). They may also be entered under
HTSUS subheadings 7307.91.5030 and 7307.91.5070. While HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this Order is dispositive. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.\11\
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\11\ See Memorandum, ``Issues and Decisions Memorandum for the
Final Results of Administrative Review: Finished Carbon Steel
Flanges from India; 2017-2018,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decisions Memorandum).
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Analysis of Comments Received
All issues raised by the parties in their case and rebuttal briefs
are listed in the appendix to this notice and addressed in the Issues
and Decision Memorandum. The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and 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 internet 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.
Changes Since the Preliminary Results
Based on our analysis of the comments received, and for the reasons
explained in the Issues and Decision Memorandum, Commerce made certain
changes to the preliminary weighted-average dumping margin for the
Norma Group, and the companies not selected for individual examination
in this administrative review.
Final Results of Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period February 8, 2017 through
July 31, 2018:
------------------------------------------------------------------------
Weighted-average
Producers/exporters dumping margin
(percent)
------------------------------------------------------------------------
R.N. Gupta & Co., Ltd............................... 1.20
Norma (India) Limited/USK Exports Private Limited/ 0.00
Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal
\12\...............................................
Adinath International............................... 1.20
Allena Group........................................ 1.20
Alloyed Steel....................................... 1.20
Bebitz Flanges Works Private Limited................ 1.20
C.D. Industries..................................... 1.20
CHW Forge Pvt. Ltd \13\............................. 1.20
CHW Forge........................................... 1.20
Citizen Metal Depot................................. 1.20
Corum Flange........................................ 1.20
DN Forge Industries................................. 1.20
Echjay Forgings Limited............................. 1.20
Falcon Valves and Flanges Private Limited........... 1.20
Heubach International............................... 1.20
Hindon Forge Pvt. Ltd............................... 1.20
Jai Auto Private Limited............................ 1.20
Kinnari Steel Corporation........................... 1.20
M F Rings and Bearing Races Ltd..................... 1.20
Mascot Metal Manufactures........................... 1.20
OM Exports.......................................... 1.20
Punjab Steel Works (PSW)............................ 1.20
R. D. Forge......................................... 1.20
Raaj Sagar Steels................................... 1.20
Ravi Ratan Metal Industries......................... 1.20
Rolex Fittings India Pvt. Ltd....................... 1.20
Rollwell Forge Pvt. Ltd............................. 1.20
SHM (ShinHeung Machinery)........................... 1.20
Siddhagiri Metal & Tubes............................ 1.20
Sizer India......................................... 1.20
Steel Shape India................................... 1.20
Sudhir Forgings Pvt. Ltd............................ 1.20
Tirupati Forge...................................... 1.20
Umashanker Khandelwal Forging Limited............... 1.20
------------------------------------------------------------------------
Rate for Non-Selected Respondents
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Tariff
Act of 1930, as amended (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
[[Page 21393]]
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
weighted-average dumping margin for Gupta that was not zero, de
minimis, or based on facts available. Accordingly, we applied the
weighted-average dumping margin calculated for Gupta to the non-
individually examined respondents.
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\12\ Commerce previously collapsed these companies for purposes
of respondent selection, because they were collapsed in a prior
segment of this proceeding (i.e., investigation). See Preliminary
Determination); unchanged in Final Determination. Norma Group
presented evidence that the factual basis on which Commerce made its
prior determination has not changed. See Norma Group March 1, 2019
SQR at 12-20. Accordingly, we continue to collapse and treat these
companies as a single entity for purposes of this proceeding.
\13\ The name of this company was incorrected spelled ``CHQ
Forge Pvt. Ltd.'' in the initiation notice. See Petitioners' Letter,
``Finished Carbon Steel Flanges from India: Request for
Administrative Review,'' dated August 31, 2018; and Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 83 FR
50077 (October 4, 2018).
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Disclosure of Calculations
We intend to disclose the calculations performed for these final
results to parties in this proceeding within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. For Gupta, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), Commerce has
calculated importer-specific antidumping duty assessment rates. We
calculated importer-specific ad valorem antidumping duty assessment
rates by aggregating the total amount of dumping calculated for the
examined sales of each importer and dividing each of these amounts by
the total entered value associated with those sales. We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review where an importer-specific assessment rate is not zero or
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the importer-specific assessment rate is zero or de minimis.
For Norma, we will instruct CBP to liquidate its entries during the
POR imported by the importers identified in its questionnaire responses
without regard to antidumping duties because its weighted-average
dumping margin in these final results is zero.\14\
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\14\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103, 8103 (February 14,
2012).
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For companies that were not selected for individual examination, we
will instruct CBP to liquidate unreviewed entries based on the
methodology described in the ``Rate for Non-Selected Respondents''
section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by any company upon which
we initiated an administrative review, for which they did not know that
the 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.\15\
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\15\ For a full discussion of this practice, 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 publication of
the final results of this administrative review.
Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of these final results
of review for all shipments of flanges from India entered, or withdrawn
from warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rates
for the reviewed companies will be the rates established in these final
results of review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (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 subject merchandise; (4) the
cash deposit rate for all other producers or exporters will continue to
be 8.91 percent,\16\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements shall remain
in effect until further notice.
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\16\ See Order, 82 FR at 40138 (August 24, 2017).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties and/or
countervailing duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), 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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing notice of these final results in
accordance with sections 751(a) and 777(i)(1) of the Act. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
May 19, 2020, unless extended.\17\
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\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
Dated: April 10, 2020.
Jeffrey I. Kessler,
Assistant Secretaryfor 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 from the Preliminary Results
V. Discussion of the Issues
Comment 1: Gupta's Scrap Offset
Comment 2: Gupta's Interest Income Offset
Comment 3: Operating Expenses of Bansidhar Chiranjilal
Comment 4: Ministerial Error
[[Page 21394]]
VI. Recommendation
[FR Doc. 2020-08137 Filed 4-16-20; 8:45 am]
BILLING CODE 3510-DS-P
