Forged Steel Fluid End Blocks From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 31452-31454 [2020-11229]
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31452
Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices
because the general scope language did
not cover such products. As a result,
Commerce did not consider whether
Meridian’s Type B handles were subject
to the exclusion for ‘‘finished
merchandise.’’ 6 On July 18, 2016, the
CIT sustained Commerce’s findings in
the Final Results of Redetermination
that Meridian’s Type B handles are not
covered by the scope of the Orders.7
Commerce subsequently published
notice of the CIT’s decision not in
harmony with Commerce’s final scope
ruling and notice of amended final
scope ruling pursuant to the CIT’s
decision.8
The Aluminum Extrusion Fair Trade
Committee (AEFTC), the petitioner in
the underlying investigations, appealed.
On May 22, 2018, the CAFC reversed
and remanded the CIT’s final
judgement, instructed the CIT to vacate
Commerce’s remand redetermination,
and ordered the CIT to reinstate
Commerce’s original scope ruling and
remand for further proceedings
consistent with the opinion.9 The CAFC
held that Commerce’s original scope
ruling determination (i.e., that Type B
handles are included within the general
scope of the Orders) was reasonable and
supported by substantial evidence.10
The CAFC remanded for Commerce to
clarify whether Type B handles are fully
and permanently assembled at the time
of entry.11 The CAFC reasoned if
Commerce determined that the Type B
handles are imported unassembled, the
original scope ruling controls, but if
Commerce determined that the Type B
handles were imported fully and
permanently assembled, then Commerce
must address whether the Type B
handles are excluded from the scope as
‘‘finished merchandise.’’ 12
On May 15, 2019, Commerce issued
its Second Remand Redetermination in
response to the CAFC’s remand order.13
In the Second Remand Redetermination,
6 See Final Results of Redetermination Pursuant
to Court Remand, Meridian Products, LLC v. United
States, Court No. 13–00246, Slip Op. 15–135 (CIT
December 7, 2015) (Final Results of
Redetermination).
7 See Meridian Products, LLC v. United States,
Court No. 13–00246, Slip Op. 16–71 at 11.
8 See Aluminum Extrusions from the People’s
Republic of China: Notice of Court Decision Not in
Harmony With Final Scope Ruling and Notice of
Amended Final Scope Ruling Pursuant to Court
Decision, 81 FR 52402 (August 8, 2016).
9 See Meridian Products, LLC v. United States,
890 F.3d 1272, 1282 (CAFC 2018).
10 Id., 890 F.3d at 1281.
11 Id.
12 Id.
13 See Final Results of Second Remand
Redetermination Pursuant to Court Remand,
Meridian Products, LLC v. United States, 890 F. 3d
1272 (CAFC 2018) (Second Remand
Redetermination).
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Commerce determined that the finished
merchandise exclusion does not apply
to the Type B handles and that the
extruded aluminum component of each
Type B handle is within the scope of the
Orders, while the other components
(plastic end caps and screws) are not.14
On April 6, 2020, the CIT sustained
Commerce’s ruling in the Second
Remand Redetermination.15 No party
contested Commerce’s Second Remand
Redetermination.16
Amended Final Scope Ruling
There is now a final court decision
with respect to Commerce’s Kitchen
Appliance Door Handles Scope Ruling.
Therefore, Commerce issues this second
amended final scope ruling and finds
that the extruded aluminum component
of each Type B handle is within the
scope of the Orders, while the other
components (plastic end caps and
screws) are not.
Accordingly, Commerce will instruct
U.S. Customs and Border Protection to
continue to suspend liquidation of
Meridian’s Type B handles until
appropriate liquidation instructions are
sent. As of the date of publication of this
notice in the Federal Register, the cash
deposit rate for entries of the extruded
aluminum component of Meridian’s
Type B handles will be the applicable
cash deposit rate of the exporters of the
merchandise from China to the United
States.
Notification to Interested Parties
This notice is issued and published in
accordance with section 516A(c)(1) and
(e)(1) of the Tariff Act of 1930, as
amended.
Dated: May 18, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–11205 Filed 5–22–20; 8:45 am]
BILLING CODE 3510–DS–P
14 Id.
15 See Meridian Products, LLC v. United States,
Court No. 13–00246, Slip Op. 20–43 (CIT April 6,
2020).
16 Id.
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Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–894]
Forged Steel Fluid End Blocks From
India: Preliminary Affirmative
Countervailing Duty Determination,
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
forged steel fluid end blocks (fluid end
blocks) from India. The period of
investigation (POI) is April 1, 2018
through March 31, 2019. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable May 26, 2020.
FOR FURTHER INFORMATION CONTACT:
William Langley or Nicholas
Czajkowski, AD/CVD Operations, Office
I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3861 or
(202) 482–1395, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on January 15, 2020.1 On February 27,
2020, Commerce postponed the
preliminary determination of this
investigation to May 18, 2020.2 For a
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
1 See Forged Steel Fluid End Blocks from the
Federal Republic of Germany, India, Italy and the
People’s Republic of China: Initiation of
Countervailing Duty Investigations, 85 FR 2385
(January 15, 2020) (Initiation Notice).
2 See Forged Steel Fluid End Blocks from the
Federal Republic of Germany, India, Italy and the
People’s Republic of China: Postponement of
Preliminary Determination in the Countervailing
Duty Investigations, 85 FR 11336 (February 27,
2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Forged Steel
Fluid End Blocks from India,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement & Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The products covered by this
investigation are forged steel fluid end
blocks from India. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice.
For a summary of the product
coverage comments and rebuttal
responses submitted to the record for
this preliminary determination and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7
4 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997) (AD
Preamble).
5 See Initiation Notice.
6 See Memorandum, ‘‘Forged Steel Fluid End
Blocks from the Federal Republic of Germany,
India, Italy, and the People’s Republic of China:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated concurrently
with this notice (Preliminary Scope Decision
Memorandum).
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit, and section 771(5A) of
the Act regarding specificity.
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19:08 May 22, 2020
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Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final countervailing duty (CVD)
determination in this investigation with
the final determinations in the
concurrent antidumping duty (AD)
investigations of fluid end blocks from
Germany, India, and Italy based on a
request made by the petitioners.8
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determinations, which are currently
scheduled to be issued no later than
September 29, 2020, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily calculated a rate for
Bharat Forge Limited (Bharat Forge), the
only mandatory respondent that was
individually examined. The only rate
that is not zero, de minimis, or based
entirely on facts otherwise available is
the rate calculated for Bharat Forge.
Consequently, the rate calculated for
Bharat Forge is also assigned as the rate
for all other producers and exporters.
31453
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. As explained in the
Preliminary Decision Memorandum,
Ultra Engineers (Ultra) reports that it is
not a producer or exporter of fluid end
blocks from India.10 As provided in
section 782(i)(1) of the Act, we intend
to verify Ultra’s claim that it did not
produce or sell the subject merchandise
during the POI.
Public Comment
All interested parties will have the
opportunity to submit case and rebuttal
briefs on the preliminary scope
determination. The deadline to submit
these comments will be no later than 30
days after the publication of the
Preliminary Determination
preliminary determinations of the CVD
Commerce preliminarily determines
investigations of fluid end blocks from
that the following estimated
Germany, India, Italy, and China in the
countervailable subsidy rates exist:
Federal Register. Scope rebuttal briefs
Subsidy rate (which are limited to issues raised in
Company
ad valorem the scope briefs) may be submitted no
(percent)
later than seven days after the deadline
for the scope briefs. These deadlines
9
Bharat Forge Limited ..............
4.69
apply to the AD and CVD fluid end
All Others ..................................
4.69
blocks investigations, regardless of the
deadlines of the preliminary
Suspension of Liquidation
determinations in the AD investigations.
In accordance with section
For all scope briefs and rebuttals
703(d)(1)(B) and (d)(2) of the Act,
thereto, parties must file identical
documents simultaneously on the
8 See Petitioners’ Letter, ‘‘Forged Steel Fluid End
records of all the ongoing AD and CVD
Blocks from China, Germany, India, and Italy:
fluid end blocks investigations. No new
Petitioner’s Request for Alignment of the
factual information or business
Countervailing Duty Investigations with the
Concurrent Antidumping Duty Investigations,’’
proprietary information may be
dated April 1, 2020.
included in either scope briefs or
9 As discussed in the Preliminary Decision
rebuttal scope briefs.
Memorandum, Commerce has found the following
company to be cross-owned with Bharat Forge
Limited: Saarloha Advanced Materials Private
Limited.
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
10 See Preliminary Decision Memorandum at
section II.B., ‘‘Treatment of Ultra Engineers.’’
E:\FR\FM\26MYN1.SGM
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31454
Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices
Case briefs or other written comments
regarding non-scope matters may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the last verification report is issued in
this investigation. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs.11 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation 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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. 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. Note that Commerce
has modified certain of its requirements
for serving documents containing
business proprietary information, until
July 17, 2020, unless extended.12
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. Pursuant to section
705(b)(2) of the Act, if the final
determination is affirmative, the ITC
will make its final injury determination
before the later of 120 days after the date
of this preliminary determination or 45
days after Commerce’s final
determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020).
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19:08 May 22, 2020
Jkt 250001
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: May 18, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation
are forged steel fluid end blocks (fluid end
blocks), whether in finished or unfinished
form, and which are typically used in the
manufacture or service of hydraulic pumps.
The term ‘‘forged’’ is an industry term used
to describe the grain texture of steel resulting
from the application of localized compressive
force. Illustrative forging standards include,
but are not limited to, American Society for
Testing and Materials (ASTM) specifications
A668 and A788.
For purposes of this investigation, the term
‘‘steel’’ denotes metal containing the
following chemical elements, by weight: (i)
Iron greater than or equal to 60 percent; (ii)
nickel less than or equal to 8.5 percent; (iii)
copper less than or equal to 6 percent; (iv)
chromium greater than or equal to 0.4
percent, but less than or equal to 20 percent;
and (v) molybdenum greater than or equal to
0.15 percent, but less than or equal to 3
percent. Illustrative steel standards include,
but are not limited to, American Iron and
Steel Institute (AISI) or Society of
Automotive Engineers (SAE) grades 4130,
4135, 4140, 4320, 4330, 4340, 8630, 15–5,
17–4, F6NM, F22, F60, and XM25, as well as
modified varieties of these grades.
The products covered by this investigation
are: (1) Cut-to-length fluid end blocks with an
actual height (measured from its highest
point) of 8 inches (203.2 mm) to 40 inches
(1,016.0 mm), an actual width (measured
from its widest point) of 8 inches (203.2 mm)
to 40 inches (1,016.0 mm), and an actual
length (measured from its longest point) of 11
inches (279.4 mm) to 75 inches (1,905.0 mm);
and (2) strings of fluid end blocks with an
actual height (measured from its highest
point) of 8 inches (203.2 mm) to 40 inches
(1,016.0 mm), an actual width (measured
from its widest point) of 8 inches (203.2 mm)
to 40 inches (1,016.0 mm), and an actual
length (measured from its longest point) up
to 360 inches (9,144.0 mm).
The products included in the scope of this
investigation have a tensile strength of at
least 70 KSI (measured in accordance with
ASTM A370) and a hardness of at least 140
HBW (measured in accordance with ASTM
E10).
A fluid end block may be imported in
finished condition (i.e., ready for
incorporation into a pump fluid end
assembly without further finishing
operations) or unfinished condition (i.e.,
forged but still requiring one or more
finishing operations before it is ready for
incorporation into a pump fluid end
assembly). Such finishing operations may
include: (1) Heat treating; (2) milling one or
more flat surfaces; (3) contour machining to
custom shapes or dimensions; (4) drilling or
boring holes; (5) threading holes; and/or (6)
painting, varnishing, or coating.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
Excluded from the scope of this
investigation are fluid end block assemblies
which (1) include (a) plungers and related
housings, adapters, gaskets, seals, and
packing nuts, (b) valves and related seats,
springs, seals, and cover nuts, and (c) a
discharge flange and related seals, and (2)
are otherwise ready to be mated with the
‘‘power end’’ of a hydraulic pump without
the need for installation of any plunger,
valve, or discharge flange components, or
any other further manufacturing operations.
The products included in the scope of this
investigation may enter under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7218.91.0030, 7218.99.0030,
7224.90.0015, 7224.90.0045, 7326.19.0010,
7326.90.8688, or 8413.91.9055. While these
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Conclusion
[FR Doc. 2020–11229 Filed 5–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–428–848]
Forged Steel Fluid End Blocks From
the Federal Republic of Germany:
Preliminary Affirmative Countervailing
Duty Determination, and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
forged steel fluid end blocks (fluid end
blocks) from the Federal Republic of
Germany (Germany) for the period of
investigation (POI) January 1, 2018
through December 31, 2018. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable May 26, 2020.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer or Joseph Dowling, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
AGENCY:
E:\FR\FM\26MYN1.SGM
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Agencies
[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Pages 31452-31454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11229]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-894]
Forged Steel Fluid End Blocks From India: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final Determination
With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of forged steel fluid end blocks (fluid end blocks) from
India. The period of investigation (POI) is April 1, 2018 through March
31, 2019. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable May 26, 2020.
FOR FURTHER INFORMATION CONTACT: William Langley or Nicholas
Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3861
or (202) 482-1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on January 15,
2020.\1\ On February 27, 2020, Commerce postponed the preliminary
determination of this investigation to May 18, 2020.\2\ For a complete
description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\3\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix
[[Page 31453]]
II to this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement & Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Forged Steel Fluid End Blocks from the Federal Republic
of Germany, India, Italy and the People's Republic of China:
Initiation of Countervailing Duty Investigations, 85 FR 2385
(January 15, 2020) (Initiation Notice).
\2\ See Forged Steel Fluid End Blocks from the Federal Republic
of Germany, India, Italy and the People's Republic of China:
Postponement of Preliminary Determination in the Countervailing Duty
Investigations, 85 FR 11336 (February 27, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of Forged
Steel Fluid End Blocks from India,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are forged steel fluid
end blocks from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (AD Preamble).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
For a summary of the product coverage comments and rebuttal
responses submitted to the record for this preliminary determination
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\6\ Commerce is
preliminarily modifying the scope language as it appeared in the
Initiation Notice. See the revised scope in Appendix I.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Forged Steel Fluid End Blocks from the
Federal Republic of Germany, India, Italy, and the People's Republic
of China: Scope Comments Decision Memorandum for the Preliminary
Determinations,'' dated concurrently with this notice (Preliminary
Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\7\
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit, and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determinations in the concurrent
antidumping duty (AD) investigations of fluid end blocks from Germany,
India, and Italy based on a request made by the petitioners.\8\
Consequently, the final CVD determination will be issued on the same
date as the final AD determinations, which are currently scheduled to
be issued no later than September 29, 2020, unless postponed.
---------------------------------------------------------------------------
\8\ See Petitioners' Letter, ``Forged Steel Fluid End Blocks
from China, Germany, India, and Italy: Petitioner's Request for
Alignment of the Countervailing Duty Investigations with the
Concurrent Antidumping Duty Investigations,'' dated April 1, 2020.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce preliminarily calculated a rate for
Bharat Forge Limited (Bharat Forge), the only mandatory respondent that
was individually examined. The only rate that is not zero, de minimis,
or based entirely on facts otherwise available is the rate calculated
for Bharat Forge. Consequently, the rate calculated for Bharat Forge is
also assigned as the rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
rate ad
Company valorem
(percent)
------------------------------------------------------------------------
Bharat Forge Limited \9\................................... 4.69
All Others................................................. 4.69
------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Bharat Forge Limited: Saarloha Advanced Materials Private Limited.
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In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
As explained in the Preliminary Decision Memorandum, Ultra Engineers
(Ultra) reports that it is not a producer or exporter of fluid end
blocks from India.\10\ As provided in section 782(i)(1) of the Act, we
intend to verify Ultra's claim that it did not produce or sell the
subject merchandise during the POI.
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\10\ See Preliminary Decision Memorandum at section II.B.,
``Treatment of Ultra Engineers.''
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Public Comment
All interested parties will have the opportunity to submit case and
rebuttal briefs on the preliminary scope determination. The deadline to
submit these comments will be no later than 30 days after the
publication of the preliminary determinations of the CVD investigations
of fluid end blocks from Germany, India, Italy, and China in the
Federal Register. Scope rebuttal briefs (which are limited to issues
raised in the scope briefs) may be submitted no later than seven days
after the deadline for the scope briefs. These deadlines apply to the
AD and CVD fluid end blocks investigations, regardless of the deadlines
of the preliminary determinations in the AD investigations. For all
scope briefs and rebuttals thereto, parties must file identical
documents simultaneously on the records of all the ongoing AD and CVD
fluid end blocks investigations. No new factual information or business
proprietary information may be included in either scope briefs or
rebuttal scope briefs.
[[Page 31454]]
Case briefs or other written comments regarding non-scope matters
may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the last
verification report is issued in this investigation. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
seven days after the deadline date for case briefs.\11\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this investigation 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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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. 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. Note that Commerce has modified certain of its requirements for
serving documents containing business proprietary information, until
July 17, 2020, unless extended.\12\
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\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
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International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. Pursuant
to section 705(b)(2) of the Act, if the final determination is
affirmative, the ITC will make its final injury determination before
the later of 120 days after the date of this preliminary determination
or 45 days after Commerce's final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: May 18, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are forged steel
fluid end blocks (fluid end blocks), whether in finished or
unfinished form, and which are typically used in the manufacture or
service of hydraulic pumps.
The term ``forged'' is an industry term used to describe the
grain texture of steel resulting from the application of localized
compressive force. Illustrative forging standards include, but are
not limited to, American Society for Testing and Materials (ASTM)
specifications A668 and A788.
For purposes of this investigation, the term ``steel'' denotes
metal containing the following chemical elements, by weight: (i)
Iron greater than or equal to 60 percent; (ii) nickel less than or
equal to 8.5 percent; (iii) copper less than or equal to 6 percent;
(iv) chromium greater than or equal to 0.4 percent, but less than or
equal to 20 percent; and (v) molybdenum greater than or equal to
0.15 percent, but less than or equal to 3 percent. Illustrative
steel standards include, but are not limited to, American Iron and
Steel Institute (AISI) or Society of Automotive Engineers (SAE)
grades 4130, 4135, 4140, 4320, 4330, 4340, 8630, 15-5, 17-4, F6NM,
F22, F60, and XM25, as well as modified varieties of these grades.
The products covered by this investigation are: (1) Cut-to-
length fluid end blocks with an actual height (measured from its
highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0 mm), an
actual width (measured from its widest point) of 8 inches (203.2 mm)
to 40 inches (1,016.0 mm), and an actual length (measured from its
longest point) of 11 inches (279.4 mm) to 75 inches (1,905.0 mm);
and (2) strings of fluid end blocks with an actual height (measured
from its highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0
mm), an actual width (measured from its widest point) of 8 inches
(203.2 mm) to 40 inches (1,016.0 mm), and an actual length (measured
from its longest point) up to 360 inches (9,144.0 mm).
The products included in the scope of this investigation have a
tensile strength of at least 70 KSI (measured in accordance with
ASTM A370) and a hardness of at least 140 HBW (measured in
accordance with ASTM E10).
A fluid end block may be imported in finished condition (i.e.,
ready for incorporation into a pump fluid end assembly without
further finishing operations) or unfinished condition (i.e., forged
but still requiring one or more finishing operations before it is
ready for incorporation into a pump fluid end assembly). Such
finishing operations may include: (1) Heat treating; (2) milling one
or more flat surfaces; (3) contour machining to custom shapes or
dimensions; (4) drilling or boring holes; (5) threading holes; and/
or (6) painting, varnishing, or coating.
Excluded from the scope of this investigation are fluid end
block assemblies which (1) include (a) plungers and related
housings, adapters, gaskets, seals, and packing nuts, (b) valves and
related seats, springs, seals, and cover nuts, and (c) a discharge
flange and related seals, and (2) are otherwise ready to be mated
with the ``power end'' of a hydraulic pump without the need for
installation of any plunger, valve, or discharge flange components,
or any other further manufacturing operations.
The products included in the scope of this investigation may
enter under Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7218.91.0030, 7218.99.0030, 7224.90.0015, 7224.90.0045,
7326.19.0010, 7326.90.8688, or 8413.91.9055. While these HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the investigation is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Conclusion
[FR Doc. 2020-11229 Filed 5-22-20; 8:45 am]
BILLING CODE 3510-DS-P