Finished Carbon Steel Flanges From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019, 67335-67337 [2020-23426]
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Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices
of the countervailing duty (CVD) order
on rebar from Turkey would likely lead
to continuation or recurrence of
dumping, countervailable subsidies, and
material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of these AD and
CVD orders.
DATES: Applicable October 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Jonathon Hall-Eastman (Mexico) and
Jacqueline Arrowsmith (Turkey), AD/
CVD Operations, Offices III/VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1468
and (202) 482–5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2014, Commerce
published the AD order on rebar from
Mexico and the CVD order on rebar
from Turkey.1 On October 1, 2019,
Commerce initiated the first sunset
review of the Orders, pursuant to
section 751(c) of the Act.2 On October
1, 2019, the ITC instituted its reviews of
the Orders.3 As a result of its reviews,
Commerce determined, pursuant to
sections 751(c)(1) and 752(c) of the Act,
that revocation of the AD order on rebar
from Mexico would be likely to lead to
the continuation or recurrence of
dumping and notified the ITC of the
magnitude of the margins of dumping
likely to prevail should the order be
revoked.4 Commerce also determined,
pursuant to sections 751(c)(1) and
752(b) of the Act, that revocation of the
CVD order on rebar from Turkey would
be likely to lead to the continuation or
recurrence of countervailable subsidies
and notified the ITC of the magnitude of
the subsidy rates likely to prevail
should the order be revoked.5
On October 16, 2020, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
1 See
Steel Concrete Reinforcing Bar from Mexico:
Antidumping Duty Order, 79 FR 65925 (November
6, 2014) (AD Order); see also Steel Concrete
Reinforcing Bar from the Republic of Turkey:
Countervailing Duty Order, 79 FR 65926 (November
6, 2014) (CVD Order) (collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 84
FR 52067 (October 1, 2019) (Initiation Notice).
3 See Steel Concrete Reinforcing Bar from Mexico
and Turkey; Institution of Five-Year Reviews, 84 FR
52126 (October 1, 2019).
4 See Steel Concrete Reinforcing Bars (Rebar)
From Mexico: Final Results of Expedited Sunset
Review of Antidumping Duty Order, 85 FR 6512
(February 5, 2020).
5 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Final Results of the Expedited
First Sunset Review of the Countervailing Duty
Order, 85 FR 4945 (January 28, 2020).
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17:35 Oct 21, 2020
Jkt 253001
that revocation of the AD order on rebar
from Mexico and the CVD order on
rebar from Turkey would be likely to
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.6
Scope of the Orders
The merchandise subject to these
orders is steel concrete reinforcing bar
imported in either straight length or coil
form (rebar) regardless of metallurgy,
length, diameter, or grade. The subject
merchandise is classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) primarily under
item numbers 7213.10.0000,
7214.20.0000, and 7228.30.8010. The
subject merchandise may also enter
under other HTSUS numbers including
7215.90.1000, 7215.90.5000,
7221.00.0015, 7221.00.0030,
7221.00.0045, 7222.11.0001,
7222.11.0057, 7222.11.0059,
7222.30.0001, 7227.20.0080,
7227.90.6085, 7228.20.1000, and
7228.60.6000. Specifically excluded are
plain rounds (i.e., non-deformed or
smooth rebar). Also excluded from the
scope is deformed steel wire meeting
ASTM A1064/A1064M with no bar
markings (e.g., mill mark, size or grade)
and without being subject to an
elongation test. HTSUS numbers are
provided for convenience and customs
purposes; however, the written
description of the scope remains
dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the AD and CVD orders would likely
lead to continuation or recurrence of
dumping, countervailable subsidies, and
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the AD order
on rebar from Mexico and the CVD
order on rebar from Turkey.
U.S. Customs and Border Protection
will continue to collect AD and CVD
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of
continuation of the Orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
Commerce intends to initiate the next
five-year reviews of the Orders not later
than 30 days prior to the fifth
anniversary of the effective date of
continuation.
6 See Steel Concrete Reinforcing Bar from Mexico
and Turkey, 85 FR 65873 (October 16, 2020).
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Fmt 4703
Sfmt 4703
67335
Notification to Interested Parties
These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: October 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–23428 Filed 10–21–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–815]
Finished Carbon Steel Flanges From
Spain: Preliminary Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers or exporters of finished
carbon steel flanges (flanges) from Spain
subject to this review made sales of
subject merchandise at less than normal
value during the period of review (POR)
June 1, 2018 through May 31, 2019. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable October 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Marc Castillo or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0519 or (202) 482–6312,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On June 14, 2017, we published in the
Federal Register an antidumping duty
(AD) order on flanges from Spain.1 On
June 3, 2019, we published a notice of
opportunity to request an administrative
review of the Order.2 Based on timely
requests for administrative review, we
initiated an administrative review of
eight companies: (1) ULMA Forja,
S.Coop; (2) Grupo Cunado; (3) Tubacero,
1 See Finished Carbon Steel Flanges from Spain:
Antidumping Duty Order, 82 FR 27229 (June 14,
2017) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 25521
(June 3, 2019).
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67336
Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices
S.L.; (4) Ateaciones De Metales
Sinterizados S.A.; (5) Transglory S.A.;
(6) Central Y Almacenes; (7) Friedrich
Geldbach Gmbh; and (8) Farina Group
Spain.3 On November 19, 2019, we
selected ULMA as the sole mandatory
respondent in this review.4 For a
complete description of the events that
followed the initiation of this
administrative review, see the
Preliminary Decision Memorandum.5
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s AD and Countervailing
Duty Centralized Electronic Service
System (ACCESS). ACCESS is available
to registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of topics
included in the Preliminary Decision
Memorandum is included as the
appendix to this notice.
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days.6 On July 21, 2020,
Commerce tolled all deadlines in
administrative reviews by an additional
60 days.7 On February 21, 2020, and
July 6, 2020, we extended the deadline
for the preliminary results, by a total of
120 days.8 The deadline for the
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
36572 (July 29, 2019); see also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242 (September 9,
2019), which corrected the spelling of one
company’s name.
4 See Memorandum, ‘‘Identification of Mandatory
Respondent for the 2018–2019 Administrative
Review of the Antidumping Duty Order on Finished
Carbon Steel Flanges from Spain,’’ dated November
19, 2019.
5 See Memorandum, ‘‘Finished Carbon Steel
Flanges from Spain: Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
8 See Memorandum, ‘‘Finished Carbon Steel
Flanges from Spain: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review, 2018–2019,’’ dated
February 21, 2020; see also Memorandum,
‘‘Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Preliminary Results of
preliminary results of this
administrative review is now October
19, 2020.
Scope of the Order
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. The
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope is
dispositive. A full description of the
scope of the Order is contained in the
Preliminary Decision Memorandum.
Methodology
Commerce conducted this review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance
with section 772 of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Preliminary Results of Administrative
Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period June 1,
2018, through May 31, 2019:
3 See
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17:35 Oct 21, 2020
Jkt 253001
Exporter/manufacturer
ULMA Forja, S.Coop ..................
Ateaciones De Metales
Sinterizados S.A .....................
Central Y Almacenes ..................
Farina Group Spain ....................
Friedrich Geldbach Gmbh ..........
Grupo Cunado ............................
Transglory S.A ............................
Tubacero, S.L .............................
Weightedaverage
dumping
margin
(percent)
1.03
1.03
1.03
1.03
1.03
1.03
1.03
1.03
Non-Individually Examined Companies
For the rate for non-selected
respondents in an administrative
review, generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
Antidumping Duty Administrative Review, 2018–
2019,’’ dated July 6, 2020.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ We
preliminarily calculated a margin for
ULMA that was not zero, de minimis, or
based on facts available. Accordingly,
we have preliminarily applied the
margin calculated for ULMA to the nonindividually examined respondents.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to the parties within five days after
public announcement of the preliminary
results in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.9 Rebuttal
briefs may be filed no later than seven
days after case briefs are due and may
respond only to arguments raised in the
case briefs.10 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue, (2) a brief summary of the
argument, and (3) a table of
authorities.11 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.13
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs.
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
9 See
19 CFR 351.309(c)(ii).
19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
13 See 19 CFR 351.310(c).
10 See
E:\FR\FM\22OCN1.SGM
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Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review, pursuant
to section 751(a)(3)(A) of the Act.
Assessment Rate
Upon issuing the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.14 If the respondent’s weightedaverage dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of this review, we intend to
calculate an importer-specific
assessment rate on the basis of the ratio
of the total amount of antidumping
duties calculated for the importer’s
examined sales and the total entered
value of the sales in accordance with 19
CFR 351.212(b)(1).15 If the respondent’s
weighted-average dumping margin is
zero or de minimis in the final results,
we will instruct CBP not to assess duties
on any of its entries in accordance with
the Final Modification for Reviews.16
The final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise under review
and for future deposits of estimated
duties, where applicable.
For entries of subject merchandise
during the POR produced by ULMA for
which it did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
for estimated antidumping duties will
be effective upon publication of the
notice of final results of this review for
all shipments of flanges from Spain
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for the companies under review,
will be the rate established in the final
results of the review (except, if the rate
14 See
19 CFR 351.212(b)(1).
these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
16 Id., 77 FR at 8102.
15 In
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17:35 Oct 21, 2020
Jkt 253001
is zero or de minimis, no cash deposit
will be required); (2) for merchandise
exported by producers or exporters not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation but
the producer is, then the cash deposit
rate will be the rate established for the
most recent period for the producer of
the merchandise; (4) the cash deposit
rate for all other producers or exporters
will continue to be 18.81 percent,17 the
all-others rate established in the lessthan-fair-value investigation.
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(4).
Dated: October 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
17 See
PO 00000
the Order, 82 FR 27229.
Frm 00008
Fmt 4703
Sfmt 4703
67337
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2020–23426 Filed 10–21–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA549]
South Atlantic Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Meeting of Coral Advisory Panel
and Deep Water Shrimp Advisory Panel.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of its Coral Advisory
Panel (AP) and Deep Water Shrimp AP.
DATES: The Coral Advisory Panel and
Deep Water Shrimp Advisory Panel will
meet on Tuesday November 10, 2020,
from 1 p.m. to 3 p.m. via webinar.
ADDRESSES: The meeting will be held
via webinar.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 571–4366 or toll
free: (866) SAFMC–10; fax: (843) 769–
4520; email: kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: The Coral
AP and Deep Water Shrimp AP meeting
is open to the public and will be
available via webinar as it occurs.
Registration is required. Webinar
registration information and other
meeting materials will be posted to the
Council’s website at: https://safmc.net/
safmc-meetings/current-advisory-panelmeetings/ as it becomes available.
The AP meeting agenda includes the
following: Review and input by the
Coral AP and the Deep Water Shrimp
AP on options for Coral Amendment 10
to create a Shrimp Fishery Access Area
along the eastern side of the northern
extension of the Oculina Bank Coral
Habitat Area of Particular Concern. The
advisory panels will develop
recommendations for consideration by
the Council’s Habitat Protection and
Ecosystem-Based Management
Committee.
SUMMARY:
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
E:\FR\FM\22OCN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67335-67337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23426]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-815]
Finished Carbon Steel Flanges From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers or exporters of finished carbon steel flanges (flanges)
from Spain subject to this review made sales of subject merchandise at
less than normal value during the period of review (POR) June 1, 2018
through May 31, 2019. We invite interested parties to comment on these
preliminary results.
DATES: Applicable October 22, 2020.
FOR FURTHER INFORMATION CONTACT: Marc Castillo or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-0519 or (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 14, 2017, we published in the Federal Register an
antidumping duty (AD) order on flanges from Spain.\1\ On June 3, 2019,
we published a notice of opportunity to request an administrative
review of the Order.\2\ Based on timely requests for administrative
review, we initiated an administrative review of eight companies: (1)
ULMA Forja, S.Coop; (2) Grupo Cunado; (3) Tubacero,
[[Page 67336]]
S.L.; (4) Ateaciones De Metales Sinterizados S.A.; (5) Transglory S.A.;
(6) Central Y Almacenes; (7) Friedrich Geldbach Gmbh; and (8) Farina
Group Spain.\3\ On November 19, 2019, we selected ULMA as the sole
mandatory respondent in this review.\4\ For a complete description of
the events that followed the initiation of this administrative review,
see the Preliminary Decision Memorandum.\5\ The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's AD and Countervailing Duty Centralized
Electronic Service System (ACCESS). ACCESS is available to registered
users at https://access.trade.gov, and to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly on the internet at https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the Preliminary Decision
Memorandum are identical in content. A list of topics included in the
Preliminary Decision Memorandum is included as the appendix to this
notice.
---------------------------------------------------------------------------
\1\ See Finished Carbon Steel Flanges from Spain: Antidumping
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 25521 (June 3, 2019).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 36572 (July 29, 2019); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 84 FR 47242 (September 9, 2019), which corrected the
spelling of one company's name.
\4\ See Memorandum, ``Identification of Mandatory Respondent for
the 2018-2019 Administrative Review of the Antidumping Duty Order on
Finished Carbon Steel Flanges from Spain,'' dated November 19, 2019.
\5\ See Memorandum, ``Finished Carbon Steel Flanges from Spain:
Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2018-2019,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\6\ On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days.\7\ On February 21,
2020, and July 6, 2020, we extended the deadline for the preliminary
results, by a total of 120 days.\8\ The deadline for the preliminary
results of this administrative review is now October 19, 2020.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\8\ See Memorandum, ``Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review, 2018-2019,'' dated February 21, 2020; see
also Memorandum, ``Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review, 2018-2019,'' dated July 6, 2020.
---------------------------------------------------------------------------
Scope of the Order
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. The HTSUS subheadings
are provided for convenience and customs purposes; the written
description of the scope is dispositive. A full description of the
scope of the Order is contained in the Preliminary Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying these preliminary results,
see the Preliminary Decision Memorandum.
Preliminary Results of Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period June 1, 2018, through May 31,
2019:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop.......................................... 1.03
Ateaciones De Metales Sinterizados S.A...................... 1.03
Central Y Almacenes......................................... 1.03
Farina Group Spain.......................................... 1.03
Friedrich Geldbach Gmbh..................................... 1.03
Grupo Cunado................................................ 1.03
Transglory S.A.............................................. 1.03
Tubacero, S.L............................................... 1.03
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Non-Individually Examined Companies
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' We preliminarily calculated a margin
for ULMA that was not zero, de minimis, or based on facts available.
Accordingly, we have preliminarily applied the margin calculated for
ULMA to the non-individually examined respondents.
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of these preliminary results of
review.\9\ Rebuttal briefs may be filed no later than seven days after
case briefs are due and may respond only to arguments raised in the
case briefs.\10\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue, (2) a brief summary of the argument, and (3) a
table of authorities.\11\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\12\
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\9\ See 19 CFR 351.309(c)(ii).
\10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days after the date of publication of
this notice.\13\ Requests should contain: (1) The party's name, address
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs.
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\13\ See 19 CFR 351.310(c).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its
[[Page 67337]]
analysis of issues raised in any briefs, within 120 days of publication
of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rate
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\14\ If the respondent's
weighted-average dumping margin is above de minimis (i.e., 0.50
percent) in the final results of this review, we intend to calculate an
importer-specific assessment rate on the basis of the ratio of the
total amount of antidumping duties calculated for the importer's
examined sales and the total entered value of the sales in accordance
with 19 CFR 351.212(b)(1).\15\ If the respondent's weighted-average
dumping margin is zero or de minimis in the final results, we will
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews.\16\ The final results of this
administrative review shall be the basis for the assessment of
antidumping duties on entries of merchandise under review and for
future deposits of estimated duties, where applicable.
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\14\ See 19 CFR 351.212(b)(1).
\15\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\16\ Id., 77 FR at 8102.
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For entries of subject merchandise during the POR produced by ULMA
for which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of final results of
this review for all shipments of flanges from Spain entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided by section 751(a)(2) of the Act: (1) The cash
deposit rate for the companies under review, will be the rate
established in the final results of the review (except, if the rate is
zero or de minimis, no cash deposit will be required); (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation but the
producer is, then the cash deposit rate will be the rate established
for the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other producers or exporters will continue to
be 18.81 percent,\17\ the all-others rate established in the less-than-
fair-value investigation.
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\17\ See the Order, 82 FR 27229.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Dated: October 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2020-23426 Filed 10-21-20; 8:45 am]
BILLING CODE 3510-DS-P
