Finished Carbon Steel Flanges From India: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind, in Part; 2018, 79466-79468 [2020-27137]

Download as PDF 79466 Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Notices All filers should name their files using the name of the person or entity submitting the comments. Communications from agencies of the United States Government will not be made available for public inspection. Material submitted by members of the public that is properly marked as business confidential information with a valid statutory basis for confidentiality, and which is accepted as such by the Department will not be disclosed publicly. Guidance on submitting business confidential information is as follows: Anyone submitting business confidential information should clearly identify the business confidential portion at the time of submission, include a statement justifying nondisclosure and referring to the specific legal authority claimed with the submission, and provide a nonconfidential version of the submission which will be placed in the public file on https://www.regulations.gov. For comments submitted electronically containing business confidential information, the file name of the business confidential version should begin with the characters ‘‘BC’’. Any page containing business confidential information must be clearly marked ‘‘BUSINESS CONFIDENTIAL’’ on the top of that page. The non-confidential version must be clearly marked ‘‘PUBLIC’’. The file name of the nonconfidential version should begin with the character ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be followed by the name of the person or entity submitting the comments or rebuttal comments. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–872] Finished Carbon Steel Flanges From India: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind, in Part; 2018 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Norma (India) Ltd. (Norma) and R.N. Gupta & Co. Ltd (RNG) received countervailable subsidies during the period of review (POR), January 1, 2018 jbell on DSKJLSW7X2PROD with NOTICES VerDate Sep<11>2014 17:36 Dec 09, 2020 Jkt 253001 Applicable December 10, 2020. John McGowan or Tyler Weinhold, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3019 or (202) 482–1121, respectively. DATES: FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background On August 24, 2017, Commerce published in the Federal Register the countervailing duty (CVD) order on finished carbon steel flanges (steel flanges) from India.1 On August 2, 2019, Commerce published a notice of opportunity to request an administrative review of the Order.2 On September 3, 2019, Weldbend Corporation and Boltex Mfg. Co., L.P., (the petitioners), requested a review of 37 producers and/ or exporters of subject merchandise.3 Further, from August 29, 2019 through September 3, 2019, Norma,4 RNG, Jai Auto Pvt. Ltd., and Bebitz Flanges Works Private Limited, foreign producers or exporters of subject merchandise, each requested a review of the Order with respect to themselves.5 On October 7, 2019, Commerce published a notice of initiation of an administrative review of the Order.6 1 See [FR Doc. 2020–27119 Filed 12–9–20; 8:45 am] AGENCY: through December 31, 2018. In addition, we are announcing our intent to rescind this review with respect to two companies. Interested parties are invited to comment on these preliminary results. Finished Carbon Steel Flanges from India: Countervailing Duty Order, 82 FR 40138 (August 24, 2017) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 37834 (August 2, 2019). 3 See Petitioners’ Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Administrative Review,’’ dated September 3, 2019 (Petitioners’ Review Request). 4 We note that Norma requested a review of itself and its affiliates USK Export Private Limited (USK); Uma Shanker Khandelwal and Co. (UMA); and Bansidhar Chiranjilal (BCL). 5 See Norma’s Letter, ‘‘Finished Carbon Steel Flanges from India: Request for an Administrative Review,’’ dated August 29, 2019; see also RNG’s Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Countervailing Duty Administrative Review,’’ August 30, 2019; Jai Auto Pvt. Ltd.’s Letter, ‘‘Request for Review of Countervailing Duty Administrative Review of Finished Carbon Steel Flanges from India,’’ dated August 30, 2019; and Bebitz Flanges Works Private Limited’s Letter, ‘‘Finished Carbon Steel Flanges from India: Requests for Administrative Review,’’ dated September 3, 2019. 6 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 53411, 53421–53422 (October 7, 2019). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Based on our examination of the Customs and Border Protection (CBP) data, on November 6, 2019, we selected Norma and RNG, the two largest producers and/or exporters, as mandatory respondents.7 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, thereby extending the deadline for these preliminary results until June 22, 2020.8 Further, on June 19, 2020, Commerce extended the time period for issuing these preliminary results by 109 days, in accordance with section 751(a)(3)(A) of the Act, to October 8, 2020.9 On July 21, 2020, Commerce again tolled all deadlines in administrative reviews by 60 days, thereby extending the deadline for these results until December 7, 2020.10 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.11 A list of topics discussed in the Preliminary Decision Memorandum is included at Appendix I 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 electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The merchandise covered by the Order is steel flanges. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. 7 See Memorandum, ‘‘Countervailing Duty Administrative Review of Finished Carbon Steel Flanges from India: Respondent Selection,’’ dated November 4, 2019. 8 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. 9 See Memorandum, ‘‘Finished Carbon Steel Flanges from India: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review; 1/1/2018–12/31/2018,’’ dated June 19, 2020. 10 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 11 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Finished Carbon Steel Flanges from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Notices Methodology Commerce is conducting this review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.12 For a full description of the methodology underlying our conclusions, see the accompanying Preliminary Decision Memorandum. jbell on DSKJLSW7X2PROD with NOTICES Companies Not Selected for Individual Review There are 31 companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents. The statute and Commerce’s regulations do not directly address the establishment of rates to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides the basis for calculating the allothers rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to calculate an all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and/or producers individually examined, excluding any zero, de minimis, or rates based entirely on facts available. In this review, none of the rates for respondents were zero, de minimis, or based entirely on facts available. For the companies for which a review was requested that were not selected as mandatory company respondents, and for which Commerce did not receive a timely request for withdrawal of review, and for which Commerce is not finding to be crossowned with the mandatory company respondents, Commerce based the subsidy rate on a weighted-average of the subsidy rates calculated for the two mandatory respondents, Norma and RNG, using their publicly-ranged sales data for exports of subject merchandise to the United States during the POR. For further discussion, please see the All12 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. VerDate Sep<11>2014 17:36 Dec 09, 2020 Jkt 253001 Others Rate Calculation Memorandum.13 Intent To Rescind Administrative Review, in Part On September 21, 2020, the petitioners stated that they had inadvertently included in their request for review Bebitz U.S.A., Inc., a United States importer.14 Additionally, information on the record demonstrates that Silbo Industries, Inc. is a U.S. importer.15 Because Commerce does not conduct reviews of U.S. importers, and because the CBP demonstrate that neither company exported subject merchandise to the United States during the POR,16 we intend to rescind this review with respect to Bebitz U.S.A., Inc. and Silbo Industries, Inc. For further details, see the Preliminary Decision Memorandum. Preliminary Results of Review In accordance with 19 CFR 351.221(b)(4)(i), we calculated individual subsidy rates for Norma and RNG. For the period January 1, 2018 through December 31, 2018, we preliminarily determine that the following net countervailable subsidy rates exist: 79467 appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Rate Pursuant to section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated CVDs in the amount indicated above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all nonreviewed firms, we will instruct CBP to continue to collect cash deposits of estimated CVDs at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice. Disclosure and Public Comment We will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.18 Interested parties may submit written comments (case briefs) within 30 days of publication of the Subsidy rate preliminary results and rebuttal Company (percent ad comments (rebuttal briefs) within seven valorem) days 19 after the time limit for filing case Norma (India) Ltd 17 .............. 5.61 briefs.20 Pursuant to 19 CFR R.N. Gupta & Co. Ltd ........... 5.42 351.309(d)(2), rebuttal briefs must be Companies Not Selected for limited to issues raised in the case Individual Examination briefs. Parties who submit arguments are (see Appendix II) ............... 5.51 requested to submit with the argument: (1) A statement of the issue; (2) a brief Assessment Rate summary of the argument; and (3) a Consistent with section 751(a)(2)(C) of table of authorities.21 Note that the Act, upon issuance of the final Commerce has temporarily modified results, Commerce shall determine, and certain of its requirements for serving CBP shall assess, CVDs on all documents containing business proprietary information, until further 13 See Memorandum, ‘‘Preliminary Results notice.22 Calculation for the ‘All-Others’ Rate,’’ dated Interested parties who wish to request concurrently with this notice (All-Others Rate a hearing must submit a written request Calculation Memorandum). 14 See Memorandum, ‘‘Administrative Review of to the Assistant Secretary for the Countervailing Duty Order on Finished Carbon Enforcement and Compliance using Steel Flanges from India: Phone Call with Counsel Enforcement and Compliance’s ACCESS to the Petitioners,’’ dated September 23, 2020. system within 30 days of the 15 See Silbo Industries, Inc.’s Letter, ‘‘Silbo’s publication of this notice.23 Requests Request to Rescind the Review: 2nd Administrative Review of the Countervailing Duty Order on should contain: (1) The party’s name, Finished Carbon Steel Flanges from India (C–533– address, and telephone number; (2) the 872),’’ dated January 16, 2020. 16 See Memorandum, ‘‘Finished Carbon Steel Flanges from India: Release of U.S. Customs and Border Protection Import Data,’’ dated October 18, 2019. 17 In the investigation, Commerce found the following companies to be cross-owned with Norma (India) Ltd.: USK Export Private Limited (USK); Uma Shanker Khandelwal and Co. (UMA); and Bansidhar Chiranjilal (BCL). See Preliminary Decision Memorandum at 7; this finding is unchanged in these preliminary results. This rate applies to all cross-owned companies. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 18 See 19 CFR 351.224(b). Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 20 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 CFR 351.303 (for general filing requirements). 21 See 19 CFR 351.309(c)(2) and 351.309(d)(2). 22 See Temporary Rule. 23 See 19 CFR 351.310(c). 19 See E:\FR\FM\10DEN1.SGM 10DEN1 79468 Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Notices number of participants, whether any participant is a foreign national; and (3) 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.24 Issues addressed during the hearing will be limited to those raised in the briefs.25 Parties should confirm by telephone the date and time of the hearing two days before the scheduled date. Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5 p.m. Eastern Time on the due date. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after publication of these preliminary results. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: December 3, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Intent to Rescind, in Part IV. Scope of the Order V. Period of Review VI. Subsidies Valuation Information VII. Benchmark Interest Rates and Discount Rates VIII. Analysis of Programs IX. Conclusion jbell on DSKJLSW7X2PROD with NOTICES Appendix II Companies Not Selected for Individual Examination 1. Adinath International 2. Allena Group 3. Alloyed Steel 4. Bebitz Flanges Works Private Limited 5. C.D. Industries 6. CHW Forge 7. CHW Forge Pvt. Ltd. 8. Citizen Metal Depot 9. Corum Flange 10. DN Forge Industries 11. Echjay Forgings Limited 12. Falcon Valves and Flanges Private Limited 13. Heubach International 14. Hindon Forge Pvt. Ltd. 15. Jai Auto Pvt. Ltd. 16. Kinnari Steel Corporation 17. Mascot Metal Manufacturers 24 See 25 See 19 CFR 351.310. 19 CFR 351.310(c). VerDate Sep<11>2014 17:36 Dec 09, 2020 Jkt 253001 18. M F Rings and Bearing Races Ltd. 19. OM Exports 20. Punjab Steel Works (PSW) 21. Raaj Sagar Steel 22. Ravi Ratan Metal Industries 23. R. D. Forge 24. Rolex Fittings India Pvt. Ltd. 25. Rollwell Forge Pvt. Ltd. 26. SHM (ShinHeung Machinery) 27. Siddhagiri Metal & Tubes 28. Sizer India 29. Steel Shape India 30. Sudhir Forgings Pvt. Ltd. 31. Tirupati Forge [FR Doc. 2020–27137 Filed 12–9–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–131] Twist Ties From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that twist ties from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2019 through March 31, 2020. Interested parties are invited to comment on this preliminary determination. AGENCY: Applicable December 10, 2020. Alex Wood or Brittany Bauer, AD/CVD Operations, Office II, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1959 or (202) 482–3860, respectively. DATES: FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Memorandum.2 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. Scope of the Investigation The products covered by this investigation are twist ties from China. For a complete description of the scope of this investigation, see Appendix I to this notice. Scope Comments In accordance with the preamble to Commerce’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (scope).4 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 Determination Memorandum.5 Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse 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 July 27, 2020.1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision 1 See Twist Ties from the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigations, 85 FR 45161 (July 27, 2020) (Initiation Notice). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Less-ThanFair-Value Investigation of Twist Ties from People’s Republic of China (Preliminary Decision Memorandum), dated concurrently with, and hereby adopted by, this notice; see also Appendix I. 3 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 4 See Initiation Notice. 5 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Twist Ties from the People’s Republic of China: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated November 23, 2020 (Preliminary Scope Determination Memorandum). E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Notices]
[Pages 79466-79468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27137]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-872]


Finished Carbon Steel Flanges From India: Preliminary Results of 
Countervailing Duty Administrative Review and Intent To Rescind, in 
Part; 2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Norma (India) Ltd. (Norma) and R.N. Gupta & Co. Ltd (RNG) received 
countervailable subsidies during the period of review (POR), January 1, 
2018 through December 31, 2018. In addition, we are announcing our 
intent to rescind this review with respect to two companies. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable December 10, 2020.

FOR FURTHER INFORMATION CONTACT: John McGowan or Tyler Weinhold, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3019 or (202) 482-1121, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 24, 2017, Commerce published in the Federal Register the 
countervailing duty (CVD) order on finished carbon steel flanges (steel 
flanges) from India.\1\ On August 2, 2019, Commerce published a notice 
of opportunity to request an administrative review of the Order.\2\ On 
September 3, 2019, Weldbend Corporation and Boltex Mfg. Co., L.P., (the 
petitioners), requested a review of 37 producers and/or exporters of 
subject merchandise.\3\ Further, from August 29, 2019 through September 
3, 2019, Norma,\4\ RNG, Jai Auto Pvt. Ltd., and Bebitz Flanges Works 
Private Limited, foreign producers or exporters of subject merchandise, 
each requested a review of the Order with respect to themselves.\5\ On 
October 7, 2019, Commerce published a notice of initiation of an 
administrative review of the Order.\6\ Based on our examination of the 
Customs and Border Protection (CBP) data, on November 6, 2019, we 
selected Norma and RNG, the two largest producers and/or exporters, as 
mandatory respondents.\7\
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    \1\ See Finished Carbon Steel Flanges from India: Countervailing 
Duty Order, 82 FR 40138 (August 24, 2017) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 84 FR 37834 (August 2, 2019).
    \3\ See Petitioners' Letter, ``Finished Carbon Steel Flanges 
from India: Request for Administrative Review,'' dated September 3, 
2019 (Petitioners' Review Request).
    \4\ We note that Norma requested a review of itself and its 
affiliates USK Export Private Limited (USK); Uma Shanker Khandelwal 
and Co. (UMA); and Bansidhar Chiranjilal (BCL).
    \5\ See Norma's Letter, ``Finished Carbon Steel Flanges from 
India: Request for an Administrative Review,'' dated August 29, 
2019; see also RNG's Letter, ``Finished Carbon Steel Flanges from 
India: Request for Countervailing Duty Administrative Review,'' 
August 30, 2019; Jai Auto Pvt. Ltd.'s Letter, ``Request for Review 
of Countervailing Duty Administrative Review of Finished Carbon 
Steel Flanges from India,'' dated August 30, 2019; and Bebitz 
Flanges Works Private Limited's Letter, ``Finished Carbon Steel 
Flanges from India: Requests for Administrative Review,'' dated 
September 3, 2019.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411, 53421-53422 (October 7, 2019).
    \7\ See Memorandum, ``Countervailing Duty Administrative Review 
of Finished Carbon Steel Flanges from India: Respondent Selection,'' 
dated November 4, 2019.
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days, thereby extending the deadline for these 
preliminary results until June 22, 2020.\8\ Further, on June 19, 2020, 
Commerce extended the time period for issuing these preliminary results 
by 109 days, in accordance with section 751(a)(3)(A) of the Act, to 
October 8, 2020.\9\ On July 21, 2020, Commerce again tolled all 
deadlines in administrative reviews by 60 days, thereby extending the 
deadline for these results until December 7, 2020.\10\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\11\ A list of topics discussed 
in the Preliminary Decision Memorandum is included at Appendix I 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 electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \8\ 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.
    \9\ See Memorandum, ``Finished Carbon Steel Flanges from India: 
Extension of Deadline for Preliminary Results of Countervailing Duty 
Administrative Review; 1/1/2018-12/31/2018,'' dated June 19, 2020.
    \10\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \11\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review of Finished 
Carbon Steel Flanges from India,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is steel flanges. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

[[Page 79467]]

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\12\ For a full description of the 
methodology underlying our conclusions, see the accompanying 
Preliminary Decision Memorandum.
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    \12\ 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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Companies Not Selected for Individual Review

    There are 31 companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents. The 
statute and Commerce's regulations do not directly address the 
establishment of rates to be applied to companies not selected for 
individual examination where Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation.
    Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 
rule, to calculate an all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and/or 
producers individually examined, excluding any zero, de minimis, or 
rates based entirely on facts available. In this review, none of the 
rates for respondents were zero, de minimis, or based entirely on facts 
available. For the companies for which a review was requested that were 
not selected as mandatory company respondents, and for which Commerce 
did not receive a timely request for withdrawal of review, and for 
which Commerce is not finding to be cross-owned with the mandatory 
company respondents, Commerce based the subsidy rate on a weighted-
average of the subsidy rates calculated for the two mandatory 
respondents, Norma and RNG, using their publicly-ranged sales data for 
exports of subject merchandise to the United States during the POR. For 
further discussion, please see the All-Others Rate Calculation 
Memorandum.\13\
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    \13\ See Memorandum, ``Preliminary Results Calculation for the 
`All-Others' Rate,'' dated concurrently with this notice (All-Others 
Rate Calculation Memorandum).
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Intent To Rescind Administrative Review, in Part

    On September 21, 2020, the petitioners stated that they had 
inadvertently included in their request for review Bebitz U.S.A., Inc., 
a United States importer.\14\ Additionally, information on the record 
demonstrates that Silbo Industries, Inc. is a U.S. importer.\15\ 
Because Commerce does not conduct reviews of U.S. importers, and 
because the CBP demonstrate that neither company exported subject 
merchandise to the United States during the POR,\16\ we intend to 
rescind this review with respect to Bebitz U.S.A., Inc. and Silbo 
Industries, Inc. For further details, see the Preliminary Decision 
Memorandum.
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    \14\ See Memorandum, ``Administrative Review of the 
Countervailing Duty Order on Finished Carbon Steel Flanges from 
India: Phone Call with Counsel to the Petitioners,'' dated September 
23, 2020.
    \15\ See Silbo Industries, Inc.'s Letter, ``Silbo's Request to 
Rescind the Review: 2nd Administrative Review of the Countervailing 
Duty Order on Finished Carbon Steel Flanges from India (C-533-
872),'' dated January 16, 2020.
    \16\ See Memorandum, ``Finished Carbon Steel Flanges from India: 
Release of U.S. Customs and Border Protection Import Data,'' dated 
October 18, 2019.
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Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated 
individual subsidy rates for Norma and RNG. For the period January 1, 
2018 through December 31, 2018, we preliminarily determine that the 
following net countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Norma (India) Ltd \17\..................................            5.61
R.N. Gupta & Co. Ltd....................................            5.42
Companies Not Selected for Individual Examination (see              5.51
 Appendix II)...........................................
------------------------------------------------------------------------

Assessment Rate
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    \17\ In the investigation, Commerce found the following 
companies to be cross-owned with Norma (India) Ltd.: USK Export 
Private Limited (USK); Uma Shanker Khandelwal and Co. (UMA); and 
Bansidhar Chiranjilal (BCL). See Preliminary Decision Memorandum at 
7; this finding is unchanged in these preliminary results. This rate 
applies to all cross-owned companies.
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    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and CBP shall assess, CVDs 
on all appropriate entries covered by this review. We intend to issue 
instructions to CBP 15 days after publication of the final results of 
this review.

Cash Deposit Rate

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated CVDs in the amount 
indicated above with regard to shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed firms, we will instruct CBP to continue to collect cash 
deposits of estimated CVDs at the most recent company-specific or all-
others rate applicable to the company, as appropriate. These cash 
deposit instructions, when imposed, shall remain in effect until 
further notice.

Disclosure and Public Comment

    We will disclose to parties to this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of these preliminary results.\18\ Interested 
parties may submit written comments (case briefs) within 30 days of 
publication of the preliminary results and rebuttal comments (rebuttal 
briefs) within seven days \19\ after the time limit for filing case 
briefs.\20\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\21\ Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\22\
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.224(b).
    \19\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020) (Temporary Rule).
    \20\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19 
CFR 351.303 (for general filing requirements).
    \21\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
    \22\ See Temporary Rule.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system within 30 
days of the publication of this notice.\23\ Requests should contain: 
(1) The party's name, address, and telephone number; (2) the

[[Page 79468]]

number of participants, whether any participant is a foreign national; 
and (3) 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.\24\ Issues addressed during the hearing will be 
limited to those raised in the briefs.\25\ Parties should confirm by 
telephone the date and time of the hearing two days before the 
scheduled date.
---------------------------------------------------------------------------

    \23\ See 19 CFR 351.310(c).
    \24\ See 19 CFR 351.310.
    \25\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS and received successfully in their 
entirety by 5 p.m. Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: December 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Intent to Rescind, in Part
IV. Scope of the Order
V. Period of Review
VI. Subsidies Valuation Information
VII. Benchmark Interest Rates and Discount Rates
VIII. Analysis of Programs
IX. Conclusion

Appendix II

Companies Not Selected for Individual Examination

1. Adinath International
2. Allena Group
3. Alloyed Steel
4. Bebitz Flanges Works Private Limited
5. C.D. Industries
6. CHW Forge
7. CHW Forge Pvt. Ltd.
8. Citizen Metal Depot
9. Corum Flange
10. DN Forge Industries
11. Echjay Forgings Limited
12. Falcon Valves and Flanges Private Limited
13. Heubach International
14. Hindon Forge Pvt. Ltd.
15. Jai Auto Pvt. Ltd.
16. Kinnari Steel Corporation
17. Mascot Metal Manufacturers
18. M F Rings and Bearing Races Ltd.
19. OM Exports
20. Punjab Steel Works (PSW)
21. Raaj Sagar Steel
22. Ravi Ratan Metal Industries
23. R. D. Forge
24. Rolex Fittings India Pvt. Ltd.
25. Rollwell Forge Pvt. Ltd.
26. SHM (ShinHeung Machinery)
27. Siddhagiri Metal & Tubes
28. Sizer India
29. Steel Shape India
30. Sudhir Forgings Pvt. Ltd.
31. Tirupati Forge

[FR Doc. 2020-27137 Filed 12-9-20; 8:45 am]
BILLING CODE 3510-DS-P
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