Forged Steel Fluid End Blocks From India: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 44517-44519 [2020-15914]
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Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices
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33. Gilbert Orchards, Inc., Yakima, WA
34. Griggs Farms Packing, LLC, Orondo, WA
35. Hansen Fruit & Cold Storage Co., Inc.,
Yakima, WA
36. Henggeler Packing Co., Inc., Fruitland, ID
37. Highland Fruit Growers, Inc., Yakima,
WA
38. HoneyBear Growers LLC, Brewster, WA
39. Honey Bear Tree Fruit Co LLC,
Wenatchee, WA
40. Hood River Cherry Company, Hood River,
OR
41. JackAss Mt. Ranch, Pasco, WA
42. Jenks Bros Cold Storage & Packing, Royal
City, WA
43. Kershaw Fruit & Cold Storage, Co.,
Yakima, WA
44. L & M Companies, Union Gap, WA
45. Legacy Fruit Packers LLC, Wapato, WA
46. Manson Growers Cooperative, Manson,
WA
47. Matson Fruit Company, Selah, WA
48. McDougall & Sons, Inc., Wenatchee, WA
49. Monson Fruit Co., Selah, WA
50. Morgan’s of Washington dba Double
Diamond Fruit, Quincy, WA
51. Naumes, Inc., Medford, OR
52. Northern Fruit Company, Inc.,
Wenatchee, WA
53. Olympic Fruit Co., Moxee, WA
54. Oneonta Trading Corp., Wenatchee, WA
55. Orchard View Farms, Inc., The Dalles, OR
56. Pacific Coast Cherry Packers, LLC,
Yakima, WA
57. Piepel Premium Fruit Packing LLC, East
Wenatchee, WA
58. Pine Canyon Growers LLC, Orondo, WA
59. Polehn Farms, Inc., The Dalles, OR
60. Price Cold Storage & Packing Co., Inc.,
Yakima, WA
61. Pride Packing Company LLC, Wapato,
WA
62. Quincy Fresh Fruit Co., Quincy, WA
63. Rainier Fruit Company, Selah, WA
64. Roche Fruit, Ltd., Yakima, WA
65. Sage Fruit Company, L.L.C., Yakima, WA
66. Smith & Nelson, Inc., Tonasket, WA
67. Stadelman Fruit, L.L.C., MiltonFreewater, OR, and Zillah, WA
68. Stemilt Growers, LLC, Wenatchee, WA
69. Symms Fruit Ranch, Inc., Caldwell, ID
70. The Dalles Fruit Company, LLC,
Dallesport, WA
71. Underwood Fruit & Warehouse Co.,
Bingen, WA
72. Valicoff Fruit Company Inc., Wapato, WA
73. Washington Cherry Growers, Peshastin,
WA
74. Washington Fruit & Produce Co., Yakima,
WA
75. Western Sweet Cherry Group, LLC,
Yakima, WA
76. Whitby Farms, Inc. dba: Farm Boy Fruit
Snacks LLC, Mesa, WA
77. WP Packing LLC, Wapato, WA
78. Yakima Fresh, Yakima, WA
79. Yakima Fruit & Cold Storage Co., Yakima,
WA
80. Zirkle Fruit Company, Selah, WA
Dated: July 20, 2020.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–893]
Forged Steel Fluid End Blocks From
India: Preliminary Negative
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that forged steel fluid end blocks (fluid
end blocks) from India are not being, or
are not likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is October
1, 2018 through September 31, 2019.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable July 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Jacob Keller, 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) 482–0198 or (202) 482–4849,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(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 March 26,
2020, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now July 16, 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 included
in the Preliminary Decision
Memorandum is included as Appendix
1 See Forged Steel Fluid End Blocks from the
Federal Republic of Germany, India, and Italy:
Initiation of Less-Than-Fair-Value Investigations, 85
FR 2394 (January 15, 2020) (Initiation Notice).
2 See Forged Steel Fluid End Blocks From the
Federal Republic of Germany, India and Italy:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 85 FR 17042
(March 26, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Forged Steel Fluid End
Blocks from India,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
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44517
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are fluid end blocks from
India, whether in finished or unfinished
form, and which are typically used in
the manufacture or service of hydraulic
pumps. 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 investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 As discussed therein,
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice to exclude fluid end
block assemblies. See the revised scope
in Appendix I to this notice.
The scope case briefs were originally
due on June 25, 2020, 30 days after the
publication of Fluid End Blocks CVD
Determinations, and scope rebuttal
briefs were originally due seven days
thereafter on July 2, 2020.7 However,
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
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 May 18, 2020
(Preliminary Scope Decision Memorandum).
7 The scope case and rebuttal briefs were due 30
and 37 days, respectively, after the publication of
Forged Steel Fluid End Blocks from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination With Final Antidumping
Duty Determination, 85 FR 31457 (May 26, 2020);
Forged Steel Fluid End Blocks from Germany:
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Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices
Commerce extended the deadline to
submit scope case and rebuttal briefs to
July 23, 2020, and July 30, 2020,
respectively.8 There will be no further
opportunity for comments on scoperelated issues.9
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter or producer
Estimated
weightedaverage
dumping
margin
(percent)
Bharat Forge Limited ..................
10 0.00
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Consistent with section 733(b)(3) of
the Act, Commerce disregards de
Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping Duty
Determination, 85 FR 31454 (May 26, 2020); Forged
Steel Fluid End Blocks from India: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final
Antidumping Duty Determination, 85 FR 31452
(May 26, 2020); Fluid End Blocks from Italy:
Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping Duty
Determination, 85 FR 31460 (May 26, 2020)
(collectively, Forged Fluid End Blocks CVD
Determinations). See Preliminary Scope Decision
Memorandum at 4. Accordingly, the deadline for
the scope case briefs was Thursday, June 25, 2020;
and the deadline for the scope rebuttal briefs was
Thursday, July 2, 2020.
8 Scope case briefs are now due on July 23, 2020
and rebuttal scope case briefs are due on July 30,
2020. See Memorandum ‘‘Antidumping and
Countervailing Duty Investigations on Forged Steel
Fluid End Blocks from the Federal Republic of
Germany, India, Italy, and the People’s Republic of
China: Revision of Schedule for Scope Case Briefs,’’
dated June 25, 2020.
9 Parties were already permitted the opportunity
to file scope case and rebuttal briefs. Case briefs,
other written comments, and rebuttal briefs
submitted in response to this preliminary LTFV
determination should not include scope-related
issues. See Preliminary Scope Decision
Memorandum at 4; see also ‘‘Public Comment’’
section of this notice.
10 See Memorandum, ‘‘Forged Steel Fluid End
Blocks from India—Preliminary Determination
Analysis Memorandum for Bharat Forge Limited,’’
dated concurrently with this notice.
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minimis rates. Accordingly, Commerce
preliminarily determines that Bharat
Forge Limited (Bharat), the only
individually examined respondent with
a zero rate, has not made sales of subject
merchandise at LTFV.
Further, Commerce preliminarily
determines that Ultra Engineers (Ultra),
the only other known producer or
exporter of subject merchandise
identified in the Initiation Notice,11 had
no sales of in-scope merchandise to the
United States during the POI. Therefore,
we have not calculated an estimated
weighted-average dumping margin for
Ultra in this preliminary
determination.12
Consistent with section 733(d) of the
Act, Commerce has not calculated an
estimated weighted-average dumping
margin for all other producers and
exporters because it has not made an
affirmative preliminary determination of
sales at LTFV.
Suspension of Liquidation
Because Commerce has made a
negative preliminary determination of
sales at LTFV with regard to subject
merchandise, Commerce will not direct
U.S. Customs and Border Protection to
suspend liquidation or to require a cash
deposit of estimated antidumping duties
for entries of fluid end blocks from
India.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication 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 concerning the
estimated weighted-average dumping
margin calculated for Bharat.
As explained in the Preliminary
Decision Memorandum, Ultra reports
that it had no sales of in-scope
merchandise to the United States during
the POI.13 As provided in section
782(i)(1) of the Act, we intend to verify
Ultra’s claim that it did not sell the
subject merchandise to the United
States during the POI.
Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
PO 00000
11 See
12 See
Initiation Notice, 85 FR at 2397.
Preliminary Decision Memorandum at 5–6.
13 Id.
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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 these case
briefs, may be submitted no later than
seven days after the deadline date for
case briefs.14 Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.15 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 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.
Postponement of Final Determination
Section 735(a)(2)(B) of the Act
provides that a final determination may
be postponed until not later than 135
days after the date of the publication of
the preliminary determination if, in the
event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. On June 24, 2020, the
petitioners 16 requested that Commerce
postpone the final determination in the
event of a negative preliminary
determination.17 In accordance with
section 735(a)(2)(B) of the Act, because
14 See 19 CFR 351.309; and 19 CFR 351.303 (for
general filing requirements); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
15 See Temporary Rule.
16 The petitioners are FEB Fair Trade Coalition,
Ellwood City Forge Company, Ellwood Quality
Steels Company, Ellwood National Steel Company,
and A. Finkl & Sons.
17 See Petitioners’ Letter, ‘‘Forged Steel Fluid End
Blocks from India: Petitioner’s Request to Postpone
the Antidumping Investigation Final
Determination,’’ dated June 24, 2020.
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Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices
the preliminary determination is
negative, and the petitioners have
requested the postponement of the final
determination, Commerce is postponing
the final determination. Accordingly,
Commerce will make its final
determination by no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, then
the ITC will determine before the later
of 120 days after the date of this
preliminary determination or 45 days
after the final determination whether
imports of fluid end blocks from India
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: July 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
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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
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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
investigations is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Treatment of Ultra Engineers
IV. Period of Investigation
V. Scope of Investigation
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020–15914 Filed 7–22–20; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Foreign Fishing Vessel
Permits, Vessel, and Gear
Identification, and Reporting
Requirements
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on March 25,
2020, during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Foreign Fishing Vessel Permits,
Vessel, and Gear Identification, and
Reporting Requirements.
OMB Control Number: 0648–0075.
Form Number(s): None.
Type of Request: Regular submission
(extension of a current information
collection).
Number of Respondents: 4.
Average Hours per Response: Permit
applications: 1.5 hours for an
application for a directed fishery; 2
hours for a joint venture application,
and 45 minutes for a transshipment
permit; Fishing activity report: 6
minutes for a joint venture report; 30
minutes per day for joint venture
record-keeping; and 7.5 minutes per day
for record-keeping by transport vessels;
Weekly reports, 30 minutes per
response; Foreign vessel and gear
identification marking: 15 minutes per
marking.
Total Annual Burden Hours: 16.
Needs and Uses: This request is for
extension of a currently approved
information collection. The National
Marine Fisheries Service (NMFS) issues
permits, under the Magnuson-Stevens
Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.; MSA), to
foreign fishing vessels fishing or
operating in United States (U.S.) waters.
MSA and associated regulations at 50
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]]>Agencies
[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Notices]
[Pages 44517-44519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15914]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-893]
Forged Steel Fluid End Blocks From India: Preliminary Negative
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that forged steel fluid end blocks (fluid end blocks) from India are
not being, or are not likely to be, sold in the United States at less
than fair value (LTFV). The period of investigation (POI) is October 1,
2018 through September 31, 2019. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable July 23, 2020.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Jacob Keller, 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) 482-0198 or (202) 482-4849,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 March 26, 2020, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
July 16, 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 included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Forged Steel Fluid End Blocks from the Federal Republic
of Germany, India, and Italy: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 2394 (January 15, 2020) (Initiation Notice).
\2\ See Forged Steel Fluid End Blocks From the Federal Republic
of Germany, India and Italy: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 85 FR
17042 (March 26, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value 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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Scope of the Investigation
The products covered by this investigation are fluid end blocks
from India, whether in finished or unfinished form, and which are
typically used in the manufacture or service of hydraulic pumps. 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 investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\6\ As
discussed therein, Commerce is preliminarily modifying the scope
language as it appeared in the Initiation Notice to exclude fluid end
block assemblies. See the revised scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\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 May 18, 2020 (Preliminary Scope Decision
Memorandum).
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The scope case briefs were originally due on June 25, 2020, 30 days
after the publication of Fluid End Blocks CVD Determinations, and scope
rebuttal briefs were originally due seven days thereafter on July 2,
2020.\7\ However,
[[Page 44518]]
Commerce extended the deadline to submit scope case and rebuttal briefs
to July 23, 2020, and July 30, 2020, respectively.\8\ There will be no
further opportunity for comments on scope-related issues.\9\
---------------------------------------------------------------------------
\7\ The scope case and rebuttal briefs were due 30 and 37 days,
respectively, after the publication of Forged Steel Fluid End Blocks
from the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination With Final Antidumping Duty Determination, 85 FR 31457
(May 26, 2020); Forged Steel Fluid End Blocks from Germany:
Preliminary Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final Antidumping Duty
Determination, 85 FR 31454 (May 26, 2020); Forged Steel Fluid End
Blocks from India: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final Determination With Final
Antidumping Duty Determination, 85 FR 31452 (May 26, 2020); Fluid
End Blocks from Italy: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final Determination With Final
Antidumping Duty Determination, 85 FR 31460 (May 26, 2020)
(collectively, Forged Fluid End Blocks CVD Determinations). See
Preliminary Scope Decision Memorandum at 4. Accordingly, the
deadline for the scope case briefs was Thursday, June 25, 2020; and
the deadline for the scope rebuttal briefs was Thursday, July 2,
2020.
\8\ Scope case briefs are now due on July 23, 2020 and rebuttal
scope case briefs are due on July 30, 2020. See Memorandum
``Antidumping and Countervailing Duty Investigations on Forged Steel
Fluid End Blocks from the Federal Republic of Germany, India, Italy,
and the People's Republic of China: Revision of Schedule for Scope
Case Briefs,'' dated June 25, 2020.
\9\ Parties were already permitted the opportunity to file scope
case and rebuttal briefs. Case briefs, other written comments, and
rebuttal briefs submitted in response to this preliminary LTFV
determination should not include scope-related issues. See
Preliminary Scope Decision Memorandum at 4; see also ``Public
Comment'' section of this notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\10\ See Memorandum, ``Forged Steel Fluid End Blocks from
India--Preliminary Determination Analysis Memorandum for Bharat
Forge Limited,'' dated concurrently with this notice.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Bharat Forge Limited....................................... \10\ 0.00
------------------------------------------------------------------------
Consistent with section 733(b)(3) of the Act, Commerce disregards
de minimis rates. Accordingly, Commerce preliminarily determines that
Bharat Forge Limited (Bharat), the only individually examined
respondent with a zero rate, has not made sales of subject merchandise
at LTFV.
Further, Commerce preliminarily determines that Ultra Engineers
(Ultra), the only other known producer or exporter of subject
merchandise identified in the Initiation Notice,\11\ had no sales of
in-scope merchandise to the United States during the POI. Therefore, we
have not calculated an estimated weighted-average dumping margin for
Ultra in this preliminary determination.\12\
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\11\ See Initiation Notice, 85 FR at 2397.
\12\ See Preliminary Decision Memorandum at 5-6.
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Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
fluid end blocks from India.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication 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
concerning the estimated weighted-average dumping margin calculated for
Bharat.
As explained in the Preliminary Decision Memorandum, Ultra reports
that it had no sales of in-scope merchandise to the United States
during the POI.\13\ As provided in section 782(i)(1) of the Act, we
intend to verify Ultra's claim that it did not sell the subject
merchandise to the United States during the POI.
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\13\ Id.
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Public Comment
Case briefs or other written comments on non-scope issues 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 these case briefs, may be submitted no later than
seven days after the deadline date for case briefs.\14\ Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\15\
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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\14\ See 19 CFR 351.309; and 19 CFR 351.303 (for general filing
requirements); see also Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
\15\ See Temporary Rule.
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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 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.
Postponement of Final Determination
Section 735(a)(2)(B) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of a
negative preliminary determination, a request for such postponement is
made by the petitioners. On June 24, 2020, the petitioners \16\
requested that Commerce postpone the final determination in the event
of a negative preliminary determination.\17\ In accordance with section
735(a)(2)(B) of the Act, because
[[Page 44519]]
the preliminary determination is negative, and the petitioners have
requested the postponement of the final determination, Commerce is
postponing the final determination. Accordingly, Commerce will make its
final determination by no later than 135 days after the date of
publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.
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\16\ The petitioners are FEB Fair Trade Coalition, Ellwood City
Forge Company, Ellwood Quality Steels Company, Ellwood National
Steel Company, and A. Finkl & Sons.
\17\ See Petitioners' Letter, ``Forged Steel Fluid End Blocks
from India: Petitioner's Request to Postpone the Antidumping
Investigation Final Determination,'' dated June 24, 2020.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, then the ITC
will determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether imports of fluid end blocks from India are materially injuring,
or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: July 16, 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 investigations is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Treatment of Ultra Engineers
IV. Period of Investigation
V. Scope of Investigation
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020-15914 Filed 7-22-20; 8:45 am]
BILLING CODE 3510-DS-P
