Forged Steel Fluid End Blocks from India: Final Affirmative Countervailing Duty Determination, 79999-80001 [2020-27333]
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Whether Application of
Adverse Facts Available (AFA) is
Warranted for Metalcam
Comment 2: Constructed Value Profit and
Constructed Value Selling Expenses
Comment 3: Date of Sale for Metalcam
Comment 4: Lucchini’s Direct Material
Costs
Comment 5: Major Input/Transactions
Disregarded Adjustment
Comment 6: Constructed Export Price
Profit Calculation for Lucchini
Comment 7: Commission Rate for Lucchini
Comment 8: Inventory Carrying Costs for
Lucchini
V. Recommendation
Period of Investigation
The period of investigation is April 1,
2018 through March 31, 2019.
[FR Doc. 2020–27334 Filed 12–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–894]
Forged Steel Fluid End Blocks from
India: Final Affirmative Countervailing
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
forged steel fluid end blocks (fluid end
blocks) from India.
SUMMARY:
DATES:
end blocks from India.1 A summary of
the events that occurred since
Commerce published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum which is hereby adopted
by this notice.2 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Final Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Applicable December 11, 2020.
Scope of the Investigation
The products covered by this
investigation are forged steel fluid end
blocks from India. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.3 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum,
dated concurrently with, and hereby
adopted by, this final determination.4
Commerce is not modifying the scope
FOR FURTHER INFORMATION CONTACT:
William Langley or Nicholas
Czajkowski, AD/CVD Operations, Office
I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3861 or
(202) 482–1395, respectively.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
Background
On May 26, 2020, Commerce
published the Preliminary
Determination of this countervailing
duty (CVD) investigation, which also
aligned the final determination of this
CVD investigation with the final
determination in the companion
antidumping duty investigation of fluid
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23:25 Dec 10, 2020
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1 See 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)
(Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Fluid End
Blocks from India,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 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).
4 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 Final
Determinations,’’ dated December 7, 2020 (Final
Scope Decision Memorandum).
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79999
language as it appeared in the
Preliminary Determination. See
Appendix I for the final scope of this
investigation.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues raised by parties is
attached to this notice at Appendix II.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.5 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
Verification
Commerce normally verifies
information relied upon in making its
final determination, pursuant to section
782(i)(1) of the Tariff Act of 1930, as
amended (the Act). However, during the
course of this investigation, we were
unable to conduct on-site verification
due to travel restrictions.6 Consistent
with section 776(a)(2)(D) of the Act,
Commerce relied on the information
submitted on the record, which we used
in making our Preliminary
Determination and Post-Preliminary
Analysis,7 as facts available in making
our final determination.
Changes Since the Preliminary
Determination and Post-Preliminary
Analysis
Based on our review and analysis of
the comments received from parties, we
made certain changes to the subsidy rate
calculations for Bharat Forge Limited
(Bharat Forge). For a discussion of these
changes, see the Issues and Decision
Memorandum.
5 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.
6 See Memorandum, ‘‘Countervailing Duty
Investigation of Forged Steel Fittings from India:
Cancellation of Verification and Setting of Briefing
Schedule,’’ dated August 31, 2020.
7 See Memorandum, ‘‘Countervailing Duty
Investigation of Forged Steel Fluid End Blocks from
India: Post-Preliminary Analysis,’’ dated August 10,
2020 (Post-Preliminary Analysis).
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80000
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
ITC Notification
In accordance with section 705(d) of
We continue to calculate the allthe Act, Commerce will notify the ITC
others rate using the rate of the only
of its final affirmative determination
mandatory respondent, Bharat Forge.8
that countervailable subsidies are being
provided to producers and exporters of
Final Determination
fluid end blocks from India. As
Commerce determines that the
Commerce’s final determination is
following estimated countervailable
affirmative, in accordance with section
subsidy rates exist:
705(b) of the Act, the ITC will
determine, within 45 days, whether the
Subsidy rate
domestic industry in the United States
Company
ad valorem
is materially injured or threatened with
(percent)
material injury. In addition, we are
Bharat Forge Limited ............
5.20 making available to the ITC all nonAll Others ..............................
5.20 privileged and nonproprietary
information related to this investigation.
We will allow the ITC access to all
Disclosure
privileged and business proprietary
Commerce intends to disclose to
information in our files, provided the
interested parties its calculations and
ITC confirms that it will not disclose
analysis performed in this final
such information, either publicly or
determination within five days of its
under an administrative protective order
(APO), without the written consent of
public announcement, or if there is no
the Assistant Secretary for Enforcement
public announcement, within five days
and Compliance.
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Notification Regarding Administrative
Protective Orders
Continuation of Suspension of
Liquidation
In the event that the ITC issues a final
negative injury determination, this
As a result of our Preliminary
notice will serve as the only reminder
Determination and pursuant to sections
to parties subject to the APO of their
703(d)(1)(B) and (d)(2) of the Act,
responsibility concerning the
Commerce instructed U.S. Customs and destruction of proprietary information
Border Protection (CBP) to suspend
disclosed under APO in accordance
liquidation of entries of subject
with 19 CFR 351.305(a)(3). Timely
merchandise as described in the scope
written notification of the return/
of the investigation section entered, or
destruction of APO materials or
withdrawn from warehouse, for
conversion to judicial protective order is
consumption on or after May 26, 2020,
hereby requested. Failure to comply
the date of publication of the
with the regulations and terms of an
Preliminary Determination in the
APO is a violation which is subject to
Federal Register. In accordance with
sanction.
section 703(d) of the Act, effective
Notification to Interested Parties
September 23, 2020, we instructed CBP
to discontinue the suspension of
This determination is issued and
liquidation of all entries at that time, but published pursuant to sections 705(d)
to continue the suspension of
and 771(i) of the Act and 19 CFR
liquidation of all entries between May
351.210(c).
26, 2020 and September 22, 2020.
Dated: December 7, 2020.
If the U.S. International Trade
Jeffrey I. Kessler,
Commission (ITC) issues a final
Assistant Secretary for Enforcement and
affirmative injury determination, we
Compliance.
will issue a CVD order and require a
cash deposit of estimated countervailing APPENDIX I
duties for such entries of subject
Scope of the Investigation
merchandise in the amounts indicated
The products covered by this investigation
above, in accordance with section 706(a) are forged steel fluid end blocks (fluid end
of the Act. If the ITC determines that
blocks), whether in finished or unfinished
form, and which are typically used in the
material injury, or threat of material
manufacture or service of hydraulic pumps.
injury, does not exist, this proceeding
The term ‘‘forged’’ is an industry term used
will be terminated, and all estimated
to describe the grain texture of steel resulting
duties deposited or securities posted as
the application of localized compressive
a result of the suspension of liquidation from
force. Illustrative forging standards include,
will be refunded or canceled.
but are not limited to, American Society for
jbell on DSKJLSW7X2PROD with NOTICES
All-Others Rate
8 See
Preliminary Determination, 85 FR at 31453.
VerDate Sep<11>2014
23:25 Dec 10, 2020
Jkt 253001
Testing and Materials (ASTM) specifications
A668 and A788.
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For purposes of this investigation, the term
‘‘steel’’ denotes metal containing the
following chemical elements, by weight: (i)
Iron greater than or equal to 60 percent; (ii)
nickel less than or equal to 8.5 percent; (iii)
copper less than or equal to 6 percent; (iv)
chromium greater than or equal to 0.4
percent, but less than or equal to 20 percent;
and (v) molybdenum greater than or equal to
0.15 percent, but less than or equal to 3
percent. Illustrative steel standards include,
but are not limited to, American Iron and
Steel Institute (AISI) or Society of
Automotive Engineers (SAE) grades 4130,
4135, 4140, 4320, 4330, 4340, 8630, 15–5,
17–4, F6NM, F22, F60, and XM25, as well as
modified varieties of these grades.
The products covered by this investigation
are: (1) Cut-to-length fluid end blocks with an
actual height (measured from its highest
point) of 8 inches (203.2 mm) to 40 inches
(1,016.0 mm), an actual width (measured
from its widest point) of 8 inches (203.2 mm)
to 40 inches (1,016.0 mm), and an actual
length (measured from its longest point) of 11
inches (279.4 mm) to 75 inches (1,905.0 mm);
and (2) strings of fluid end blocks with an
actual height (measured from its highest
point) of 8 inches (203.2 mm) to 40 inches
(1,016.0 mm), an actual width (measured
from its widest point) of 8 inches (203.2 mm)
to 40 inches (1,016.0 mm), and an actual
length (measured from its longest point) up
to 360 inches (9,144.0 mm).
The products included in the scope of this
investigation have a tensile strength of at
least 70 KSI (measured in accordance with
ASTM A370) and a hardness of at least 140
HBW (measured in accordance with ASTM
E10).
A fluid end block may be imported in
finished condition (i.e., ready for
incorporation into a pump fluid end
assembly without further finishing
operations) or unfinished condition (i.e.,
forged but still requiring one or more
finishing operations before it is ready for
incorporation into a pump fluid end
assembly). Such finishing operations may
include: (1) Heat treating; (2) milling one or
more flat surfaces; (3) contour machining to
custom shapes or dimensions; (4) drilling or
boring holes; (5) threading holes; and/or (6)
painting, varnishing, or coating.
Excluded from the scope of this
investigation are fluid end block assemblies
which (1) include (a) plungers and related
housings, adapters, gaskets, seals, and
packing nuts, (b) valves and related seats,
springs, seals, and cover nuts, and (c) a
discharge flange and related seals, and (2) are
otherwise ready to be mated with the ‘‘power
end’’ of a hydraulic pump without the need
for installation of any plunger, valve, or
discharge flange components, or any other
further manufacturing operations.
The products included in the scope of this
investigation may enter under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7218.91.0030, 7218.99.0030,
7224.90.0015, 7224.90.0045, 7326.19.0010,
7326.90.8688, or 8413.91.9055. While these
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
investigation is dispositive.
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
APPENDIX II
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. Background
III. Subsidies Valuation
IV. Benchmarks and Interest Rates
V. Use of Facts Available
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether the Duty Drawback
Scheme Is Countervailable
Comment 2: Whether the Income Tax
Reduction for Research and
Development (R&D) Scheme Is
Countervailable
Comment 3: Whether the Package Scheme
of Incentives (PSI) Is Countervailable
Comment 4: Whether Commerce Should
Use the International Monetary Fund
(IMF) Lending Benchmark for 2014–2016
Comment 5: Whether Commerce Should
Treat EPCGS Licenses Fulfilled during
the POI as an Interest-Free Loan
Comment 6: Whether Commerce Should
Revise Its Calculation for the Benefit of
the Duty Drawback Program
Comment 7: Whether Commerce Should
Revise Its Calculation for the Benefit of
the Package Scheme of Incentives
Provided by the State Government of
Maharashtra
Comment 8: Whether Renewable Energy
Certificates Are Countervailable
Comment 9: Whether Commerce Should
Exclude Goods and Services Tax from Its
Calculations of the Renewable Energy
Certificate Program
Comment 10: Whether Commerce Should
Exclude CENVAT from its Calculations
of the EPCGS Program
Comment 11: Whether Commerce Should
Revise Its Calculations of the Focus
Product Scheme
VIII. Recommendation
[FR Doc. 2020–27333 Filed 12–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Egypt, the Netherlands, Saudi Arabia,
Taiwan, the Republic of Turkey
(Turkey), and the United Arab Emirates
(UAE) are being, or are likely to be, sold
in the United States at less than fair
value (LTFV).
DATES: Applicable December 11, 2020.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta at (202) 482–2593
(Argentina), Hermes Pinilla at (202)
482–3477 (Colombia), David Crespo at
(202) 482–3693 (Egypt), Bryan Hansen
at (202) 482–3683 (the Netherlands),
Drew Jackson at (202) 482–4406 (Saudi
Arabia), Joy Zhang at (202) 482–1168
(Taiwan), David Goldberger at (202)
482–4136 (Turkey), and Charles Doss at
(202) 482–4474 (UAE); AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2020, Commerce
published in the Federal Register the
Preliminary Determinations of sales at
LTFV of PC strand from: (1) Argentina,
Colombia, Egypt, the Netherlands, Saudi
Arabia, Turkey, and the UAE; 1 and (2)
Taiwan.2 We invited interested parties
to comment on the Preliminary
Determinations. Except for PC strand
from Turkey, we received no comments
from interested parties on the
Preliminary Determinations. For PC
strand from Turkey, a summary of the
events that occurred since Commerce
published the Preliminary
Determinations, as well as a full
discussion of the issues raised by parties
for the final determination, may be
found in the Turkey Issues and Decision
Memorandum.3
Period of Investigation
The period of investigation is April 1,
[A–357–822, A–301–804, A–729–804, A–421– 2019 through March 31, 2020.
International Trade Administration
814, A–517–806, A–583–868, A–489–842, A–
520–809]
jbell on DSKJLSW7X2PROD with NOTICES
Prestressed Concrete Steel Wire
Strand From Argentina, Colombia,
Egypt, the Netherlands, Saudi Arabia,
Taiwan, the Republic of Turkey, and
the United Arab Emirates: Final
Affirmative Determinations of Sales at
Less Than Fair Value and Final
Affirmative Critical Circumstances
Determinations, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
prestressed concrete steel wire strand
(PC strand) from Argentina, Colombia,
AGENCY:
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23:25 Dec 10, 2020
Jkt 253001
1 See Prestressed Concrete Steel Wire Strand from
Argentina, Colombia, Egypt, the Netherlands, Saudi
Arabia, the Republic of Turkey, and the United
Arab Emirates: Preliminary Affirmative
Determinations of Sales at Less than Fair Value and
Preliminary Affirmative Critical Circumstances
Determinations, in Part, 85 FR 61722 (September
30, 2020) (Seven Countries Preliminary
Determinations).
2 See Prestressed Concrete Steel Wire Strand from
Taiwan: Preliminary Affirmative Determination of
Sales at Less Than Fair Value and Negative
Preliminary Determination of Critical
Circumstances, 85 FR 61726 (September 30, 2020)
(Taiwan Preliminary Determination) (collectively,
Preliminary Determinations).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of PC Strand from Turkey,’’ dated
concurrently with, and hereby adopted by, this
notice (Turkey Issues and Decision Memorandum).
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80001
Scope of the Investigations
The product covered by these
investigations is PC strand. For a full
description of the scope of these
investigations, see Appendix I of this
notice.
Changes Since the Preliminary
Determinations
Because we received no comments,
we have made no changes to our
calculations with regards to Argentina,
Colombia, Egypt, the Netherlands, Saudi
Arabia, UAE, and Taiwan. We have
considered the comments received in
the PC strand from Turkey investigation,
but have made no changes to our
calculations for the final determination.
In addition, for the final determination
we have revised our critical
circumstances determination with
respect to Celik Halat ve Tel Sanayi A.S.
(Celik Halat). See ‘‘Final Affirmative
Determinations of Critical
Circumstances,’’ below.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by parties in
the PC strand from Turkey investigation
are addressed in the Turkey Issues and
Decision Memorandum accompanying
this notice. A list of the issues
addressed in the Turkey Issues and
Decision Memorandum is attached to
this notice as Appendix II. The Turkey
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Turkey Issues
and Decision Memorandum can be
accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Turkey
Issues and Decision Memorandum are
identical in content.
Final Affirmative Determinations of
Critical Circumstances
For the Preliminary Determinations,
in accordance with section 733(e)(1) of
the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.206(c)(1),
Commerce found that critical
circumstances exist with respect to
imports of PC strand exported by: (1)
Knight S.A.S. from Colombia; (2) United
Wires Company Elsewedy (United
Wires) and all other producers/exporters
from Egypt; (3) Nedri Spanstaal BV from
the Netherlands; and (4) Celik Halat,
Gu¨ney C
¸ elik Hasir ve Demir (Gu¨ney
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Agencies
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 79999-80001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27333]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-894]
Forged Steel Fluid End Blocks from India: Final Affirmative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of forged steel fluid end blocks (fluid end blocks) from India.
DATES: Applicable December 11, 2020.
FOR FURTHER INFORMATION CONTACT: William Langley or Nicholas
Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3861
or (202) 482-1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 26, 2020, Commerce published the Preliminary Determination
of this countervailing duty (CVD) investigation, which also aligned the
final determination of this CVD investigation with the final
determination in the companion antidumping duty investigation of fluid
end blocks from India.\1\ A summary of the events that occurred since
Commerce published the Preliminary Determination, as well as a full
discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum which
is hereby adopted by this notice.\2\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Final
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See 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) (Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Countervailing Duty Investigation of
Fluid End Blocks from India,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is April 1, 2018 through March 31,
2019.
Scope of the Investigation
The products covered by this investigation are forged steel fluid
end blocks from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments.\3\ We received comments
from interested parties on the Preliminary Scope Decision Memorandum,
which we address in the Final Scope Decision Memorandum, dated
concurrently with, and hereby adopted by, this final determination.\4\
Commerce is not modifying the scope language as it appeared in the
Preliminary Determination. See Appendix I for the final scope of this
investigation.
---------------------------------------------------------------------------
\3\ 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).
\4\ 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 Final
Determinations,'' dated December 7, 2020 (Final Scope Decision
Memorandum).
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. A list of the issues
raised by parties is attached to this notice at Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found countervailable, Commerce determines that there
is a subsidy, i.e., a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
Verification
Commerce normally verifies information relied upon in making its
final determination, pursuant to section 782(i)(1) of the Tariff Act of
1930, as amended (the Act). However, during the course of this
investigation, we were unable to conduct on-site verification due to
travel restrictions.\6\ Consistent with section 776(a)(2)(D) of the
Act, Commerce relied on the information submitted on the record, which
we used in making our Preliminary Determination and Post-Preliminary
Analysis,\7\ as facts available in making our final determination.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Countervailing Duty Investigation of
Forged Steel Fittings from India: Cancellation of Verification and
Setting of Briefing Schedule,'' dated August 31, 2020.
\7\ See Memorandum, ``Countervailing Duty Investigation of
Forged Steel Fluid End Blocks from India: Post-Preliminary
Analysis,'' dated August 10, 2020 (Post-Preliminary Analysis).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination and Post-Preliminary
Analysis
Based on our review and analysis of the comments received from
parties, we made certain changes to the subsidy rate calculations for
Bharat Forge Limited (Bharat Forge). For a discussion of these changes,
see the Issues and Decision Memorandum.
[[Page 80000]]
All-Others Rate
We continue to calculate the all-others rate using the rate of the
only mandatory respondent, Bharat Forge.\8\
---------------------------------------------------------------------------
\8\ See Preliminary Determination, 85 FR at 31453.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company ad valorem
(percent)
------------------------------------------------------------------------
Bharat Forge Limited.................................... 5.20
All Others.............................................. 5.20
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to interested parties its calculations
and analysis performed in this final determination within five days of
its 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).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to suspend liquidation of entries
of subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after May 26, 2020, the date of publication of the Preliminary
Determination in the Federal Register. In accordance with section
703(d) of the Act, effective September 23, 2020, we instructed CBP to
discontinue the suspension of liquidation of all entries at that time,
but to continue the suspension of liquidation of all entries between
May 26, 2020 and September 22, 2020.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order and require
a cash deposit of estimated countervailing duties for such entries of
subject merchandise in the amounts indicated above, in accordance with
section 706(a) of the Act. If the ITC determines that material injury,
or threat of material injury, does not exist, this proceeding will be
terminated, and all estimated duties deposited or securities posted as
a result of the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of fluid end
blocks from India. As Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured or threatened with material injury. In addition, we
are making available to the ITC all non-privileged and nonproprietary
information related to this investigation. We will allow the ITC access
to all privileged and business proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under an administrative protective order (APO),
without the written consent of the Assistant Secretary for Enforcement
and Compliance.
Notification Regarding Administrative Protective Orders
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO in accordance with 19
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 771(i) of the Act and 19 CFR 351.210(c).
Dated: December 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
APPENDIX I
Scope of the Investigation
The products covered by this investigation are forged steel
fluid end blocks (fluid end blocks), whether in finished or
unfinished form, and which are typically used in the manufacture or
service of hydraulic pumps.
The term ``forged'' is an industry term used to describe the
grain texture of steel resulting from the application of localized
compressive force. Illustrative forging standards include, but are
not limited to, American Society for Testing and Materials (ASTM)
specifications A668 and A788.
For purposes of this investigation, the term ``steel'' denotes
metal containing the following chemical elements, by weight: (i)
Iron greater than or equal to 60 percent; (ii) nickel less than or
equal to 8.5 percent; (iii) copper less than or equal to 6 percent;
(iv) chromium greater than or equal to 0.4 percent, but less than or
equal to 20 percent; and (v) molybdenum greater than or equal to
0.15 percent, but less than or equal to 3 percent. Illustrative
steel standards include, but are not limited to, American Iron and
Steel Institute (AISI) or Society of Automotive Engineers (SAE)
grades 4130, 4135, 4140, 4320, 4330, 4340, 8630, 15-5, 17-4, F6NM,
F22, F60, and XM25, as well as modified varieties of these grades.
The products covered by this investigation are: (1) Cut-to-
length fluid end blocks with an actual height (measured from its
highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0 mm), an
actual width (measured from its widest point) of 8 inches (203.2 mm)
to 40 inches (1,016.0 mm), and an actual length (measured from its
longest point) of 11 inches (279.4 mm) to 75 inches (1,905.0 mm);
and (2) strings of fluid end blocks with an actual height (measured
from its highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0
mm), an actual width (measured from its widest point) of 8 inches
(203.2 mm) to 40 inches (1,016.0 mm), and an actual length (measured
from its longest point) up to 360 inches (9,144.0 mm).
The products included in the scope of this investigation have a
tensile strength of at least 70 KSI (measured in accordance with
ASTM A370) and a hardness of at least 140 HBW (measured in
accordance with ASTM E10).
A fluid end block may be imported in finished condition (i.e.,
ready for incorporation into a pump fluid end assembly without
further finishing operations) or unfinished condition (i.e., forged
but still requiring one or more finishing operations before it is
ready for incorporation into a pump fluid end assembly). Such
finishing operations may include: (1) Heat treating; (2) milling one
or more flat surfaces; (3) contour machining to custom shapes or
dimensions; (4) drilling or boring holes; (5) threading holes; and/
or (6) painting, varnishing, or coating.
Excluded from the scope of this investigation are fluid end
block assemblies which (1) include (a) plungers and related
housings, adapters, gaskets, seals, and packing nuts, (b) valves and
related seats, springs, seals, and cover nuts, and (c) a discharge
flange and related seals, and (2) are otherwise ready to be mated
with the ``power end'' of a hydraulic pump without the need for
installation of any plunger, valve, or discharge flange components,
or any other further manufacturing operations.
The products included in the scope of this investigation may
enter under Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7218.91.0030, 7218.99.0030, 7224.90.0015, 7224.90.0045,
7326.19.0010, 7326.90.8688, or 8413.91.9055. While these HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the investigation is
dispositive.
[[Page 80001]]
APPENDIX II
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. Subsidies Valuation
IV. Benchmarks and Interest Rates
V. Use of Facts Available
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether the Duty Drawback Scheme Is Countervailable
Comment 2: Whether the Income Tax Reduction for Research and
Development (R&D) Scheme Is Countervailable
Comment 3: Whether the Package Scheme of Incentives (PSI) Is
Countervailable
Comment 4: Whether Commerce Should Use the International
Monetary Fund (IMF) Lending Benchmark for 2014-2016
Comment 5: Whether Commerce Should Treat EPCGS Licenses
Fulfilled during the POI as an Interest-Free Loan
Comment 6: Whether Commerce Should Revise Its Calculation for
the Benefit of the Duty Drawback Program
Comment 7: Whether Commerce Should Revise Its Calculation for
the Benefit of the Package Scheme of Incentives Provided by the
State Government of Maharashtra
Comment 8: Whether Renewable Energy Certificates Are
Countervailable
Comment 9: Whether Commerce Should Exclude Goods and Services
Tax from Its Calculations of the Renewable Energy Certificate
Program
Comment 10: Whether Commerce Should Exclude CENVAT from its
Calculations of the EPCGS Program
Comment 11: Whether Commerce Should Revise Its Calculations of
the Focus Product Scheme
VIII. Recommendation
[FR Doc. 2020-27333 Filed 12-10-20; 8:45 am]
BILLING CODE 3510-DS-P