Finished Carbon Steel Flanges from India: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019, 83051-83054 [2020-28087]

Download as PDF Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Notices shall assess, antidumping duties on all appropriate entries covered by this review.13 Pursuant to 19 CFR 351.212(b)(1), as Al Jazeera reported the entered value for its U.S. sales, we calculated importerspecific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales.14 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importerspecific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. In accordance with our ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by Al Jazeera 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.15 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The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Al Jazeera will be the rate established in the final results of this review, except if the ultimate rate is de minimis within the meaning of 19 13 See 19 CFR 351.212(b). these preliminary results, we 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). 15 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 14 In VerDate Sep<11>2014 22:33 Dec 18, 2020 Jkt 253001 CFR 351.106(c)(1), in which case the cash deposit rates will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recentlycompleted segment of this proceeding in which the company was reviewed; (3) if the exporter is not a firm covered in this review, a prior review, or the less-thanfair value (LTFV) investigation, but the manufacturer is, then the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the manufacturer of subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 7.36 percent, the all-others rate established in the LTFV investigation.16 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 doubled antidumping duties. Notification to Interested Parties The preliminary results of this review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: December 15, 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. Currency Conversion VI. Recommendation [FR Doc. 2020–28092 Filed 12–18–20; 8:45 am] BILLING CODE 3510–DS–P 16 See PO 00000 DEPARTMENT OF COMMERCE International Trade Administration [A–533–871] Finished Carbon Steel Flanges from India: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily finds that the Norma Group and R.N. Gupta & Co. Ltd. (Gupta), producers/exporters of finished carbon steel flanges (flanges) from India, did not sell subject merchandise at prices below normal value (NV) during the period of review (POR) August 1, 2018 through July 31, 2019. Additionally, Commerce preliminarily determines that Silbo Industries, Inc. (Silbo) had no shipments of subject merchandise during the POR. We invite interested parties to comment on these preliminary results. DATES: Applicable December 21, 2020. FOR FURTHER INFORMATION CONTACT: Fred Baker, George McMahon, or Margaret Collins, 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) 482–2924, (202) 482–1167, or (202) 482–6250, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On August 2, 2019, we published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on flanges from India, for the period August 1, 2018 through July 31, 2019.1 Subsequently, Commerce received timely requests for an administrative review from the petitioners,2 Gupta, the Norma Group, Bebitz Flanges Works Private Limited (Bebitz), and Jai Auto Pvt. Ltd. of India (Jai Auto).3 On October 1 See Finished Carbon Steel Flanges from India and Italy: Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order); see also Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 84 FR 37834, 37835 (August 2, 2019). 2 The petitioners are Weldbend Corporation and Boltex Manufacturing Co., L.P. (collectively, the petitioners). 3 See Petitioners’ Letter, ‘‘Request for Administrative Review,’’ dated September 3, 2019; see also Gupta’s Letter, ‘‘Request for Anti-Dumping Order. Frm 00025 83051 Continued Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1 83052 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Notices 7, 2019, Commerce initiated an administrative review of the Order with respect to 41 companies.4 On December 27, 2019, Commerce selected Gupta and the Norma Group 5 as the mandatory respondents for this review.6 On April 9, 2020, Commerce extended the deadline for the preliminary results of this review until August 28, 2020.7 On April 24, 2020 Commerce tolled all deadlines in administrative reviews by 50 days.8 On July 21, 2020 Commerce tolled all deadlines in administrative reviews by an additional 60 days.9 Accordingly, the deadline for the preliminary results of this administrative review is now December Duty Administrative Review,’’ dated August 30, 2019; Norma Group’s Letter, ‘‘Request for an Administrative Review,’’ dated August 30, 2019, and Norma Group’s Letter, ‘‘Request for AntiDumping Duty Administrative Review of Norma (India) Limited, USK Export Private Limited, Umashanker Khandelwal and Co. and Bansidhar Chiranjilal,’’ dated September 3, 2019; Bebitz’s Letter, ‘‘Requests for Administrative Review,’’ dated September 3, 2019; and Jai Auto’s Letter, ‘‘Request for Anti-Dumping Duty Administrative Review of Finished Carbon Steel Flanges from India,’’ dated August 31, 2019. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation Notice). 5 In prior segments of this proceeding, we determined that Norma (India) Limited; USK Exports Private Limited; Uma Shanker Khandelwal & Co.; and Bansidhar Chiranjilal should be collapsed and treated as a single entity (the Norma Group). See Finished Carbon Steel Flanges from India: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 82 FR 9719 (February 8, 2017) (Preliminary Determination) and accompanying Preliminary Decision Memorandum at 4–5; unchanged in Finished Carbon Steel Flanges from India: Final Determination of Sales at Less Than Fair Value, 82 FR 29483 (June 29, 2017) (Final Determination); Finished Carbon Steel Flanges from India: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 84 FR 57848, 57849 (October 29, 2019), unchanged in Finished Carbon Steel Flanges from India: Final Results of Antidumping Duty Administrative Review; 2017– 2018, 85 FR 21391 (April 17, 2020) (2017–2018 Final Results). In this review, the Norma Group presented evidence that the factual basis on which Commerce made its prior determination has not changed. See Norma Group’s July 23, 2020 Supplemental Questionnaire Response (Norma July 23, 2020 SQR) at 2–8. Therefore, in this administrative review, Commerce continues to collapse and treat these four companies as a single entity. 6 See Memorandum, ‘‘Antidumping Duty Administrative Review of Finished Carbon Steel Flanges from India: Respondent Selection,’’ dated December 27, 2019. 7 See Memorandum, ‘‘Finished Carbon Steel Flanges from India: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated April 9, 2020. 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, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. VerDate Sep<11>2014 00:25 Dec 19, 2020 Jkt 253001 16, 2020. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.10 Scope of the Order The merchandise covered by the Order is finished carbon steel flanges from India. The product is currently classified under subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff System of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of merchandise subject to the scope is dispositive.11 Rate for Non-Selected Companies The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Tariff Act of 1930, as amended (the Act). Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the allothers rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally ‘‘an amount equal to the weightedaverage of the estimated weightedaverage 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 zero percent dumping margin for Gupta and the Norma Group, the mandatory respondents in this review, and have assigned this rate (i.e., 0.00 percent) to the non-selected companies.12 For additional information, see the Preliminary Decision Memorandum. 10 See Memorandum, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Finished Carbon Steel Flanges from India; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 11 For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. 12 See, e.g., Xanthan Gum from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, and Partial Rescission; 2018–2019, 85 FR 75686, 74687 (November 23, 2020); see also Albemarle Corp. v. United States, 821 F. 3d 1345 (Fed. Cir. 2016); see also Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 2018–2019, 85 FR 39534 (July 1, 2020). PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 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 at https://enforcement.trade.gov/frn/ index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Methodology Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Act. Export price is calculated in accordance with section 772 of the Act and normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Determination of No Shipments Based on our analysis of U.S. Customs and Border Protection (CBP) information and information provided by Silbo, we preliminarily determine that Silbo had no shipments of the subject merchandise during the POR.13 Consistent with Commerce’s practice, we will not rescind the review with respect to Silbo, but will complete the review and issue instructions to CBP based on the final results.14 Preliminary Results of Review As a result of this review, Commerce preliminarily determines that the following weighted-average dumping margins exist for the period August 1, 2018 through July 31, 2019: Producers/exporters R. N. Gupta & Co., Ltd. ........ 13 See Weightedaverage dumping margin (percent) 0.00 Preliminary Decision Memorandum. Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017– 2018, 85 FR 1139 (January 9, 2020). 14 See E:\FR\FM\21DEN1.SGM 21DEN1 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Notices Producers/exporters Weightedaverage dumping margin (percent) Norma (India) Limited/USK Exports Private Limited/ Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal 15 ....................... 0.00 Review-Specific Average Rate Applicable to the Following Companies: Adinath International ............. Allena Group ......................... Alloyed Steel ......................... Bebitz Flanges Works Private Limited ....................... C.D. Industries ...................... CHQ Forge ........................... CHW Forge Pvt. Ltd ............. Citizen Metal Depot .............. Corum Flange ....................... DN Forge Industries ............. Echjay Forgings Limited ....... Falcon Valves and Flanges Private Limited .................. Heubach International .......... Hindon Forge Pvt. Ltd. ......... Jai Auto Private Limited ....... Kinnari Steel Corporation ..... M F Rings and Bearing Races Ltd. ......................... Mascot Metal Manufactures OM Exports ........................... Punjab Steel Works (PSW) .. R. D. Forge ........................... Raaj Sagar Steels ................ Ravi Ratan Metal Industries Rolex Fittings India Pvt. Ltd. Rollwell Forge Pvt. Ltd. ........ SHM (ShinHeung Machinery) Siddhagiri Metal & Tubes ..... Sizer India ............................. Steel Shape India ................. Sudhir Forgings Pvt. Ltd. ...... Tirupati Forge ....................... Umashanker Khandelwal Forging Limited ................. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). 15 Commerce initiated on ‘‘Uma Shanker Khandelwal & Co.’’ and ‘‘Umashanker Khandelwal and Co.’’ based on the requests for administrative review that Commerce received from the interested parties. See Initiation Notice. Because of the minor differences in the spelling of the aforementioned company names, we have combined them under the name Uma Shanker Khandelwal & Co., which is part of the collapsed entity, the Norma Group. Furthermore, we initiated on ‘‘USK Export Private Limited,’’ but the requests for a review of this company referenced both ‘‘USK Export Private Limited’’ and ‘‘USK Exports Private Limited.’’ In these preliminary results, we have combined them under the name USK Exports Private Limited, which is part of the collapsed entity, the Norma Group. VerDate Sep<11>2014 00:32 Dec 19, 2020 Jkt 253001 Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.16 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the date for filing case briefs.17 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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. All submissions to Commerce must be filed electronically using ACCESS, and must also be served on interested parties.18 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 on the date that the document is due. 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 within 30 days of publication of this notice.19 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 and rebuttal briefs. Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless extended.20 Assessment Rates Upon issuance of the final results, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.21 For any individually examined respondents whose weighted-average dumping margin is above de minimis (i.e., greater than or equal to 0.5 percent) in the final results of this review, we will calculate importer-specific ad 16 See 19 CFR 351.309(c)(1)(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). 18 See 19 CFR 351.303(f). 19 See 19 CFR 351.310(c). 20 See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h). 21 See 19 CFR 351.212(b)(1). 17 See PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 83053 valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales to that importer, and we will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. For entries of subject merchandise during the POR produced by each respondent for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.22 Where either the individually-selected respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the companies which were not selected for individual review, we intend to assign an assessment rate based on the methodology described in the ‘‘Rates for Non-Examined Companies’’ section. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review where applicable. We intend to issue instructions to CBP 15 days after the date of publication of the final results of this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies under review will be the rate established in the final results of this review, except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in which case the cash deposit rate will be zero; (2) for merchandise exported by manufacturers 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 recently completed segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original 22 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). E:\FR\FM\21DEN1.SGM 21DEN1 83054 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Notices investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 11.95 percent, the all-others rate established in the less-than-fair-value investigation.23 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also 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 review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: December 15, 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. Preliminary Determination of No Shipments V. Rates for Non-Examined Companies VI. Discussion of the Methodology VII. Recommendation [FR Doc. 2020–28087 Filed 12–18–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE) International Trade Administration, Department of Commerce. AGENCY: 23 See Order. VerDate Sep<11>2014 22:33 Dec 18, 2020 Jkt 253001 Notification of Annual Quantitative Limit on Imports of Certain Apparel from Haiti. ACTION: CBERA, as amended, provides duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences is known as the ‘‘value-added’’ provision, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The provision is subject to a quantitative limitation, which is calculated as a percentage of total apparel imports into the United States for each 12-month period. For the period from December 20, 2020 through December 19, 2021, the quantity of imports eligible for preferential treatment under the value-added provision is 337,967,087 square meters equivalent. DATES: The new limitations become effective December 20, 2020. FOR FURTHER INFORMATION CONTACT: Laurie Mease, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–2043. SUPPLEMENTARY INFORMATION: Authority: Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) (‘‘CBERA’’), as amended; and as implemented by Presidential Proc. No. 8114, 72 FR 13655 (March 22, 2007), and No. 8596, 75 FR 68153 (November 4, 2010). Background: Section 213A(b)(1)(B) of CBERA, as amended (19 U.S.C. 2703a(b)(1)(B)), outlines the requirements for certain apparel articles imported directly from Haiti to qualify for duty-free treatment under a ‘‘valueadded’’ provision. In order to qualify for duty-free treatment, apparel articles must be wholly assembled, or knit-toshape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns, as long as the sum of the cost or value of materials produced in Haiti or one or more beneficiary countries, as described in CBERA, as amended, or any combination thereof, plus the direct costs of processing operations performed in Haiti or one or more beneficiary countries, as described in CBERA, as amended, or any combination thereof, is not less than an applicable percentage of the declared customs value of such apparel articles. Pursuant to CBERA, as amended, the applicable percentage for the period December 20, 2020 through December 19, 2021 is 60 percent. For every twelve-month period following the effective date of CBERA, SUMMARY: PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 as amended, duty-free treatment under the value-added provision is subject to a quantitative limitation. CBERA, as amended, provides that the quantitative limitation will be recalculated for each subsequent 12-month period. Section 213A(b)(1)(C) of CBERA, as amended (19 U.S.C. 2703a(b)(1)(C)), requires that, for the twelve-month period beginning on December 20, 2020, the quantitative limitation for qualifying apparel imported from Haiti under the valueadded provision will be an amount equivalent to 1.25 percent of the aggregate square meter equivalent of all apparel articles imported into the United States in the most recent 12month period for which data are available. The aggregate square meters equivalent of all apparel articles imported into the United States is derived from the set of Harmonized System lines listed in the Annex to the World Trade Organization Agreement on Textiles and Clothing (‘‘ATC’’), and the conversion factors for units of measure into square meter equivalents used by the United States in implementing the ATC. For purposes of this notice, the most recent 12-month period for which data are available as of December 20, 2020 is the 12-month period ending on October 31, 2020. Therefore, for the one-year period beginning on December 20, 2020 and extending through December 19, 2021, the quantity of imports eligible for preferential treatment under the valueadded provision is 337,967,087 square meters equivalent. Apparel articles entered in excess of these quantities will be subject to otherwise applicable tariffs. Lloyd Wood, Deputy Assistant Secretary for Textiles, Consumer Goods and Materials. [FR Doc. 2020–28036 Filed 12–18–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain steel nails (nails) from the AGENCY: E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Pages 83051-83054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28087]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-871]


Finished Carbon Steel Flanges from India: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination of 
No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
the Norma Group and R.N. Gupta & Co. Ltd. (Gupta), producers/exporters 
of finished carbon steel flanges (flanges) from India, did not sell 
subject merchandise at prices below normal value (NV) during the period 
of review (POR) August 1, 2018 through July 31, 2019. Additionally, 
Commerce preliminarily determines that Silbo Industries, Inc. (Silbo) 
had no shipments of subject merchandise during the POR. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 21, 2020.

FOR FURTHER INFORMATION CONTACT: Fred Baker, George McMahon, or 
Margaret Collins, 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) 482-2924, (202) 482-1167, or (202) 482-6250, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 2019, we published in the Federal Register a notice of 
opportunity to request an administrative review of the antidumping duty 
order on flanges from India, for the period August 1, 2018 through July 
31, 2019.\1\ Subsequently, Commerce received timely requests for an 
administrative review from the petitioners,\2\ Gupta, the Norma Group, 
Bebitz Flanges Works Private Limited (Bebitz), and Jai Auto Pvt. Ltd. 
of India (Jai Auto).\3\ On October

[[Page 83052]]

7, 2019, Commerce initiated an administrative review of the Order with 
respect to 41 companies.\4\ On December 27, 2019, Commerce selected 
Gupta and the Norma Group \5\ as the mandatory respondents for this 
review.\6\ On April 9, 2020, Commerce extended the deadline for the 
preliminary results of this review until August 28, 2020.\7\ On April 
24, 2020 Commerce tolled all deadlines in administrative reviews by 50 
days.\8\ On July 21, 2020 Commerce tolled all deadlines in 
administrative reviews by an additional 60 days.\9\ Accordingly, the 
deadline for the preliminary results of this administrative review is 
now December 16, 2020. For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\10\
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    \1\ See Finished Carbon Steel Flanges from India and Italy: 
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order); see 
also Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review, 84 FR 
37834, 37835 (August 2, 2019).
    \2\ The petitioners are Weldbend Corporation and Boltex 
Manufacturing Co., L.P. (collectively, the petitioners).
    \3\ See Petitioners' Letter, ``Request for Administrative 
Review,'' dated September 3, 2019; see also Gupta's Letter, 
``Request for Anti-Dumping Duty Administrative Review,'' dated 
August 30, 2019; Norma Group's Letter, ``Request for an 
Administrative Review,'' dated August 30, 2019, and Norma Group's 
Letter, ``Request for Anti-Dumping Duty Administrative Review of 
Norma (India) Limited, USK Export Private Limited, Umashanker 
Khandelwal and Co. and Bansidhar Chiranjilal,'' dated September 3, 
2019; Bebitz's Letter, ``Requests for Administrative Review,'' dated 
September 3, 2019; and Jai Auto's Letter, ``Request for Anti-Dumping 
Duty Administrative Review of Finished Carbon Steel Flanges from 
India,'' dated August 31, 2019.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation 
Notice).
    \5\ In prior segments of this proceeding, we determined that 
Norma (India) Limited; USK Exports Private Limited; Uma Shanker 
Khandelwal & Co.; and Bansidhar Chiranjilal should be collapsed and 
treated as a single entity (the Norma Group). See Finished Carbon 
Steel Flanges from India: Preliminary Determination of Sales at Less 
Than Fair Value and Postponement of Final Determination, 82 FR 9719 
(February 8, 2017) (Preliminary Determination) and accompanying 
Preliminary Decision Memorandum at 4-5; unchanged in Finished Carbon 
Steel Flanges from India: Final Determination of Sales at Less Than 
Fair Value, 82 FR 29483 (June 29, 2017) (Final Determination); 
Finished Carbon Steel Flanges from India: Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018, 84 FR 57848, 
57849 (October 29, 2019), unchanged in Finished Carbon Steel Flanges 
from India: Final Results of Antidumping Duty Administrative Review; 
2017- 2018, 85 FR 21391 (April 17, 2020) (2017-2018 Final Results). 
In this review, the Norma Group presented evidence that the factual 
basis on which Commerce made its prior determination has not 
changed. See Norma Group's July 23, 2020 Supplemental Questionnaire 
Response (Norma July 23, 2020 SQR) at 2-8. Therefore, in this 
administrative review, Commerce continues to collapse and treat 
these four companies as a single entity.
    \6\ See Memorandum, ``Antidumping Duty Administrative Review of 
Finished Carbon Steel Flanges from India: Respondent Selection,'' 
dated December 27, 2019.
    \7\ See Memorandum, ``Finished Carbon Steel Flanges from India: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review,'' dated April 9, 2020.
    \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, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \10\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Finished Carbon 
Steel Flanges from India; 2018-2019,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is finished carbon steel 
flanges from India. The product is currently classified under 
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff 
System of the United States (HTSUS). Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of merchandise subject to the scope is dispositive.\11\
---------------------------------------------------------------------------

    \11\ For a complete description of the scope of the Order, see 
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Rate for Non-Selected Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Tariff Act 
of 1930, as amended (the Act). 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, for guidance when 
calculating the rate for companies which were not selected for 
individual examination in an administrative review. 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{time} ''
    We preliminarily calculated a zero percent dumping margin for Gupta 
and the Norma Group, the mandatory respondents in this review, and have 
assigned this rate (i.e., 0.00 percent) to the non-selected 
companies.\12\ For additional information, see the Preliminary Decision 
Memorandum. 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 at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the 
electronic version of the Preliminary Decision Memorandum are identical 
in content. A list of the topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice.
---------------------------------------------------------------------------

    \12\ See, e.g., Xanthan Gum from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review, 
and Partial Rescission; 2018-2019, 85 FR 75686, 74687 (November 23, 
2020); see also Albemarle Corp. v. United States, 821 F. 3d 1345 
(Fed. Cir. 2016); see also Emulsion Styrene-Butadiene Rubber From 
the Republic of Korea: Preliminary Results of the Administrative 
Review of the Antidumping Duty Order; 2018-2019, 85 FR 39534 (July 
1, 2020).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act and normal value is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by Silbo, we preliminarily 
determine that Silbo had no shipments of the subject merchandise during 
the POR.\13\ Consistent with Commerce's practice, we will not rescind 
the review with respect to Silbo, but will complete the review and 
issue instructions to CBP based on the final results.\14\
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    \13\ See Preliminary Decision Memorandum.
    \14\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2017- 2018, 85 FR 1139 (January 
9, 2020).
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, Commerce preliminarily determines that 
the following weighted-average dumping margins exist for the period 
August 1, 2018 through July 31, 2019:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                   Producers/exporters                        dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
R. N. Gupta & Co., Ltd..................................            0.00

[[Page 83053]]

 
Norma (India) Limited/USK Exports Private Limited/Uma               0.00
 Shanker Khandelwal & Co./Bansidhar Chiranjilal \15\....
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:.....
------------------------------------------------------------------------
Adinath International...................................            0.00
Allena Group............................................            0.00
Alloyed Steel...........................................            0.00
Bebitz Flanges Works Private Limited....................            0.00
C.D. Industries.........................................            0.00
CHQ Forge...............................................            0.00
CHW Forge Pvt. Ltd......................................            0.00
Citizen Metal Depot.....................................            0.00
Corum Flange............................................            0.00
DN Forge Industries.....................................            0.00
Echjay Forgings Limited.................................            0.00
Falcon Valves and Flanges Private Limited...............            0.00
Heubach International...................................            0.00
Hindon Forge Pvt. Ltd...................................            0.00
Jai Auto Private Limited................................            0.00
Kinnari Steel Corporation...............................            0.00
M F Rings and Bearing Races Ltd.........................            0.00
Mascot Metal Manufactures...............................            0.00
OM Exports..............................................            0.00
Punjab Steel Works (PSW)................................            0.00
R. D. Forge.............................................            0.00
Raaj Sagar Steels.......................................            0.00
Ravi Ratan Metal Industries.............................            0.00
Rolex Fittings India Pvt. Ltd...........................            0.00
Rollwell Forge Pvt. Ltd.................................            0.00
SHM (ShinHeung Machinery)...............................            0.00
Siddhagiri Metal & Tubes................................            0.00
Sizer India.............................................            0.00
Steel Shape India.......................................            0.00
Sudhir Forgings Pvt. Ltd................................            0.00
Tirupati Forge..........................................            0.00
Umashanker Khandelwal Forging Limited...................            0.00
------------------------------------------------------------------------

Disclosure and Public Comment
---------------------------------------------------------------------------

    \15\ Commerce initiated on ``Uma Shanker Khandelwal & Co.'' and 
``Umashanker Khandelwal and Co.'' based on the requests for 
administrative review that Commerce received from the interested 
parties. See Initiation Notice. Because of the minor differences in 
the spelling of the aforementioned company names, we have combined 
them under the name Uma Shanker Khandelwal & Co., which is part of 
the collapsed entity, the Norma Group. Furthermore, we initiated on 
``USK Export Private Limited,'' but the requests for a review of 
this company referenced both ``USK Export Private Limited'' and 
``USK Exports Private Limited.'' In these preliminary results, we 
have combined them under the name USK Exports Private Limited, which 
is part of the collapsed entity, the Norma Group.
---------------------------------------------------------------------------

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice, in accordance with 
19 CFR 351.224(b).
    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\16\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than seven days after the date for filing case briefs.\17\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.309(c)(1)(ii).
    \17\ 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).
---------------------------------------------------------------------------

    All submissions to Commerce must be filed electronically using 
ACCESS, and must also be served on interested parties.\18\ 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 on the date that the document is due.
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    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 within 30 days of publication of this notice.\19\ 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 and rebuttal briefs.
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.213(h)(2), Commerce intends to issue the final results of this 
administrative review, including the results of its analysis of issues 
raised in any written briefs, not later than 120 days after the date of 
publication of this notice, unless extended.\20\
---------------------------------------------------------------------------

    \20\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\21\
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., greater than or equal to 0.5 
percent) in the final results of this review, we will calculate 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of antidumping duties calculated for the examined 
sales to the total entered value of the examined sales to that 
importer, and we will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review. For entries of subject 
merchandise during the POR produced by each respondent for which it did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\22\ Where either the individually-selected respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \22\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section. The final results 
of this review shall be the basis for the assessment of antidumping 
duties on entries of merchandise covered by this review where 
applicable.
    We intend to issue instructions to CBP 15 days after the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate 
for the companies under review will be the rate established in the 
final results of this review, except if the rate is de minimis within 
the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in 
which case the cash deposit rate will be zero; (2) for merchandise 
exported by manufacturers 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 
recently completed segment; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original

[[Page 83054]]

investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 11.95 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\23\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \23\ See Order.
---------------------------------------------------------------------------

Notification to Importers

    This notice also 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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: December 15, 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. Preliminary Determination of No Shipments
V. Rates for Non-Examined Companies
VI. Discussion of the Methodology
VII. Recommendation

[FR Doc. 2020-28087 Filed 12-18-20; 8:45 am]
BILLING CODE 3510-DS-P
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