Forged Steel Fluid End Blocks From the Federal Republic of Germany and Italy: Amended Final Antidumping Duty Determination for the Federal Republic of Germany and Antidumping Duty Orders, 7528-7531 [2021-01979]
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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices
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[FR Doc. 2021–01936 Filed 1–28–21; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–847, A–475–840]
Forged Steel Fluid End Blocks From
the Federal Republic of Germany and
Italy: Amended Final Antidumping
Duty Determination for the Federal
Republic of Germany and Antidumping
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices
Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing antidumping duty
orders on forged steel fluid end blocks
from the Federal Republic of Germany
(Germany) and Italy. In addition,
Commerce is amending its final
affirmative determination with respect
to Germany.
DATES: Applicable January 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Katherine Johnson (Germany) or Hermes
Pinilla (Italy), AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4929 or
(202) 482–3477, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On December 11, 2020, Commerce
published its affirmative final
determinations in the less-than-fairvalue (LTFV) investigations of forged
steel fluid end blocks from Germany
and Italy.1 On December 14, 2020,
Commerce received a ministerial error
allegation with respect to its final
determination in the forged steel fluid
end blocks from Germany
investigation.2 See the ‘‘Amendment to
Final Determination for Germany’’
section of this notice for further
discussion. On January 25, 2021, the
ITC notified Commerce of its final
determinations, pursuant to section
735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in
the United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of forged steel fluid end
blocks from Germany and Italy.3
Scope of the Orders
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The product covered by these orders
is forged steel fluid end blocks from
Germany and Italy. For a complete
description of the scope of these orders,
see the Appendix to this notice.
1 See Forged Steel Fluid End Blocks from the
Federal Republic of Germany: Final Determination
of Sales at Less Than Fair Value, 85 FR 80018
(December 11, 2020) (Germany Final
Determination); and Forged Steel Fluid End Blocks
from Italy: Final Determination of Sales at Less
Than Fair Value, 85 FR 79996 (December 11, 2020).
2 See FEB Fair Trade Coalition’s Letter, ‘‘Forged
Steel Fluid End Blocks from Germany: Petitioner’s
Allegation of Ministerial Errors in the Final
Determination,’’ dated December 14, 2020.
3 See ITC Notification Letter, Investigation Nos.
701–TA–632–635 and 731–TA–1466 and 1468
(Final), dated January 25, 2021 (ITC Notification
Letter).
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Amendment to Final Determination for
Germany
A ministerial error is defined as an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.4 Pursuant to section 735(e)
of the Act and 19 CFR 351.224(e) and
(f), Commerce is amending the Germany
Final Determination to reflect the
correction of a ministerial error in the
final estimated weighted-average
dumping margin calculated for BGH
Edelstahl Siegen GmbH (BGH).5 In
addition, because BGH’s estimated
weighted-average dumping margin is
the basis for the estimated weightedaverage dumping margins for
Schmiedewerke Groditz GmbH (SWG)
and voestalpine Bohler Group
(voestalpine), as well as the estimated
weighted-average dumping margin
determined for all other German
producers and exporters of subject
merchandise, we also are revising the
estimated weighted-average dumping
margins for SWG, voestalpine and the
all-others rate in the Germany Final
Determination.6
Antidumping Duty Orders
On January 25, 2021, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determinations in these investigations,
in which it found that an industry in the
United States is materially injured by
reason of imports of forged steel fluid
end blocks from Germany and Italy.7
Therefore, in accordance with section
735(c)(2) of the Act, Commerce is
issuing these antidumping duty orders.
Because the ITC determined that
imports of forged steel fluid end blocks
from Germany and Italy are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from
Germany and Italy, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
4 See section 735(e) of the Act; see also 19 CFR
351.224(f).
5 See Memorandum, ‘‘Final Determination of
Sales at Less-Than-Fair-Value: Forged Steel Fluid
End Blocks from the Federal Republic of Germany:
Ministerial Error Allegation,’’ dated December 23,
2020 (Ministerial Error Memorandum).
6 See infra, section on ‘‘Estimated WeightedAverage Dumping Margins’’; see also Ministerial
Error Memorandum.
7 See ITC Notification Letter; see also Fluid End
Blocks from China, Germany, India, and Italy (Inv.
Nos. 701–TA–632–635 and 731–TA–1466 and 1468
(Final), USITC Publication 5152, January 2021).
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direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of forged steel fluid end
blocks from Germany and Italy. With
the exception of entries occurring after
the expiration of the provisional
measures period and before publication
of the ITC’s final affirmative injury
determinations, as further described
below, antidumping duties will be
assessed on unliquidated entries of
forged steel fluid end blocks from
Germany and Italy entered, or
withdrawn from warehouse, for
consumption, on or after July 23, 2020,
the date of publication of the
preliminary determinations.8
Continuation of Suspension of
Liquidation
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, in
accordance with section 735(c)(1)(B) of
the Act, Commerce will instruct CBP to
continue to suspend liquidation on all
relevant entries of forged steel fluid end
blocks from Germany and Italy. These
instructions suspending liquidation will
remain in effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margins indicated in the tables below.
Accordingly, effective on the date of
publication in the Federal Register of
the notice of the ITC’s final affirmative
injury determinations, CBP will require,
at the same time as importers would
normally deposit estimated duties on
subject merchandise, a cash deposit
equal to the rates listed below. The
relevant all-others rate applies to all
producers or exporters not specifically
listed.
Because the estimated weightedaverage dumping margin is zero for
subject merchandise produced and
exported by Metalcam S.p.A., entries of
shipments of subject merchandise from
this producer/exporter combination are
excluded from the antidumping duty
order on subject merchandise from Italy.
This exclusion will not be applicable to
8 See Forged Steel Fluid End Blocks from the
Federal Republic of Germany: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
44513 (July 23, 2020) (Germany Preliminary
Determination); and Forged Steel Fluid End Blocks
from Italy: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 85 FR 44500 (July 23, 2020) (Italy
Preliminary Determination).
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merchandise exported to the United
States by this respondent in any other
producer/exporter combination or by
third parties that sourced subject
merchandise from the excluded
producer/exporter combination.
Germany
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
forged steel fluid end blocks from
Germany and Italy, Commerce extended
the four-month period to six months in
each of these investigations. Commerce
published the preliminary
determinations in these investigations
on July 23, 2020.9
The extended provisional measures
period, beginning on the date of
publication of the preliminary
determinations, ended on January 18,
2021. Therefore, in accordance with
section 733(d) of the Act and our
practice,10 Commerce will instruct CBP
to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of forged steel fluid
end blocks from Germany and Italy
entered, or withdrawn from warehouse,
for consumption after January 18, 2021,
the final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final affirmative
injury determinations in the Federal
Register. Suspension of liquidation and
the collection of cash deposits will
resume on the date of publication of the
ITC’s final determinations in the
Federal Register.
Estimated Weighted-Average Dumping
Margins
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The estimated weighted-average
dumping margins are as follows:
9 See Germany Preliminary Determination and
Italy Preliminary Determination.
10 See, e.g., Certain Corrosion-Resistant Steel
Products from India, India, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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BGH Edelstahl Siegen GmbH ....
Schmiedewerke Groditz GmbH ..
voestalpine Bohler Group ...........
All Others ....................................
4.79
78.36
78.36
4.79
Italy
Exporter/producer
Metalcam S.p.A ..........................
Lucchini Mame Forge S.p.A .......
IMER International S.p.A ............
Galperti Group ............................
Mimest S.p.A ..............................
P. Technologies S.r.L .................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
11 0.00
7.33
58.48
58.48
58.48
58.48
7.33
Notification to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
forged steel fluid end blocks from
Germany and Italy pursuant to section
736(a) of the Act. Interested parties can
find a list of antidumping duty orders
currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This amended final determination
and antidumping duty orders are
published in accordance with sections
735(e) and 736(a) of the Act and 19 CFR
351.224(e) and 19 CFR 351.211(b).
Dated: January 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Orders
The products covered by these orders 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
11 After the final determination, Commerce
directed CBP not to suspend liquidation of entries
of subject merchandise produced and exported by
Metalcam S.p.A. Subject merchandise from this
producer/exporter combination is excluded from
the antidumping duty order on Italy. See
‘‘Continuation of Suspension of Liquidation’’
section above.
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Testing and Materials (ASTM) specifications
A668 and A788.
For purposes of these orders, 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 these orders 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
these orders 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 these orders
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
these orders 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
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written description of the scope of the orders
is dispositive.
[FR Doc. 2021–01979 Filed 1–28–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–848]
Emulsion Styrene-Butadiene Rubber
From Mexico: Preliminary Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Industrias Negromex S.A. de C.V.
(Negromex) made sales of subject
merchandise at prices below normal
value during the period of review (POR)
September 1, 2018 through August 31,
2019. We invite interested parties to
comment on these preliminary results.
DATES: Applicable January 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Annathea Cook, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0250.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
khammond on DSKJM1Z7X2PROD with NOTICES
On September 12, 2017, Commerce
published the antidumping duty order
on emulsion styrene-butadiene rubber
(ESB rubber) from Mexico.1 On
November 12, 2019, in accordance with
19 CFR 351.221(c)(i), Commerce
initiated an administrative review of the
Order, covering Negromex.2 For details
regarding the events that followed the
initiation of this review, see the
Preliminary Decision Memorandum.3
1 See Emulsion Styrene-Butadiene Rubber from
Brazil, the Republic of Korea, Mexico, and Poland:
Antidumping Duty Orders, 82 FR 42790 (September
12, 2017) (Order).
2 We note that the initiation notice separately
referenced several companies: ‘‘Industrias
Negromex S.A. de C.V.’’; ‘‘Negromex S.A. de C.V.’’;
and ‘‘Dynasol, LLC.’’ See Initiation of Antidumping
and Countervailing Duty Administrative Reviews,
84 FR 61011 (November 12, 2019). These names all
reference Negromex or its affiliated U.S. importer.
See Memorandum, ‘‘Clarification of Company Name
in Review Request,’’ dated December 4, 2019;
accordingly, this review covers one company,
Negromex.
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Emulsion StyreneButadiene Rubber from Mexico; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days.4 On July 15, 2020, pursuant
to section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), we
further extended the deadline for the
preliminary results of this review by 120
days.5 On July 21, 2020, Commerce
tolled deadlines in administrative
reviews by an additional 60 days.6 The
deadline for the preliminary results of
this review is now January 19, 2021.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.7 Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.8 Parties who
submit case briefs or rebuttal briefs in
Scope of the Order
this proceeding are encouraged to
The product covered by the Order is
submit with each argument: (1) A
ESB rubber from Mexico. For a full
statement of the issue, (2) a brief
description of the scope, see the
summary of the argument, and (3) a
Preliminary Decision Memorandum.
table of authorities.9 Executive
Methodology
summaries should be limited to five
pages total, including footnotes. Case
Commerce is conducting this review
briefs should be filed using
in accordance with section 751(a) of the and rebuttal
ACCESS.10 Note that Commerce has
Act. For a full description of the
temporarily modified certain of its
methodology underlying these
preliminary results, see the Preliminary requirements for serving documents
containing business proprietary
Decision Memorandum. A list of topics
information, until further notice.11
included in the Preliminary Decision
Pursuant to 19 CFR 351.310(c),
Memorandum is included as an
interested
parties who wish to request a
appendix to this notice. The Preliminary
hearing must submit a written request to
Decision Memorandum is a public
the Assistant Secretary for Enforcement
document and is made available to the
and Compliance, within 30 days after
public via Enforcement and
the date of publication of this notice.
Compliance’s Antidumping and
Requests should contain the party’s
Countervailing Duty Centralized
name, address, and telephone number,
Electronic Service System (ACCESS).
the number of participants, whether any
ACCESS is available to registered users
participant is a foreign national, and a
at https://access.trade.gov. In addition, a
list of the issues to be discussed. If a
complete version of the Preliminary
request for a hearing is made, Commerce
Decision Memorandum is available at
will announce the date and time of the
https://enforcement.trade.gov/frn/. The
hearing. Parties should confirm by
signed and electronic versions of the
telephone the date, time, and location of
Preliminary Decision Memorandum are
the hearing two days before the
identical in content.
scheduled date.
Preliminary Results of the Review
Assessment Rates
We preliminarily determine that the
Upon completion of the final results,
following weighted-average dumping
Commerce shall determine, and U.S.
margin exists for the period September
Customs and Border Protection (CBP)
1, 2018 through August 31, 2019:
shall assess, antidumping duties on all
appropriate entries. If Negromex’s
Weightedweighted-average dumping margin is
average
Exporter/producer
dumping
not zero or de minimis (i.e., less than 0.5
margin
percent) in the final results of this
(percent)
review, we will calculate importerspecific ad valorem antidumping duty
Industrias Negromex S.A. de
C.V ....................................
21.26
7 See
19 CFR 351.224(b).
19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect)’’).
9 See 19 CFR 351.303 (for general filing
requirements).
10 See generally 19 CFR 351.303.
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
8 See
4 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.
5 See Memorandum, ‘‘Emulsion StyreneButadiene Rubber from Mexico: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review, 2018–2019,’’ dated
July 15, 2020.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
PO 00000
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29JAN1
]]>Agencies
[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Pages 7528-7531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01979]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-847, A-475-840]
Forged Steel Fluid End Blocks From the Federal Republic of
Germany and Italy: Amended Final Antidumping Duty Determination for the
Federal Republic of Germany and Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 7529]]
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty orders on forged steel fluid end
blocks from the Federal Republic of Germany (Germany) and Italy. In
addition, Commerce is amending its final affirmative determination with
respect to Germany.
DATES: Applicable January 29, 2021.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson (Germany) or Hermes
Pinilla (Italy), AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4929
or (202) 482-3477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2020, Commerce published its affirmative final
determinations in the less-than-fair-value (LTFV) investigations of
forged steel fluid end blocks from Germany and Italy.\1\ On December
14, 2020, Commerce received a ministerial error allegation with respect
to its final determination in the forged steel fluid end blocks from
Germany investigation.\2\ See the ``Amendment to Final Determination
for Germany'' section of this notice for further discussion. On January
25, 2021, the ITC notified Commerce of its final determinations,
pursuant to section 735(d) of the Tariff Act of 1930, as amended (the
Act), that an industry in the United States is materially injured
within the meaning of section 735(b)(1)(A)(i) of the Act by reason of
LTFV imports of forged steel fluid end blocks from Germany and
Italy.\3\
---------------------------------------------------------------------------
\1\ See Forged Steel Fluid End Blocks from the Federal Republic
of Germany: Final Determination of Sales at Less Than Fair Value, 85
FR 80018 (December 11, 2020) (Germany Final Determination); and
Forged Steel Fluid End Blocks from Italy: Final Determination of
Sales at Less Than Fair Value, 85 FR 79996 (December 11, 2020).
\2\ See FEB Fair Trade Coalition's Letter, ``Forged Steel Fluid
End Blocks from Germany: Petitioner's Allegation of Ministerial
Errors in the Final Determination,'' dated December 14, 2020.
\3\ See ITC Notification Letter, Investigation Nos. 701-TA-632-
635 and 731-TA-1466 and 1468 (Final), dated January 25, 2021 (ITC
Notification Letter).
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is forged steel fluid end
blocks from Germany and Italy. For a complete description of the scope
of these orders, see the Appendix to this notice.
Amendment to Final Determination for Germany
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\4\ Pursuant to section 735(e) of the Act and 19 CFR
351.224(e) and (f), Commerce is amending the Germany Final
Determination to reflect the correction of a ministerial error in the
final estimated weighted-average dumping margin calculated for BGH
Edelstahl Siegen GmbH (BGH).\5\ In addition, because BGH's estimated
weighted-average dumping margin is the basis for the estimated
weighted-average dumping margins for Schmiedewerke Groditz GmbH (SWG)
and voestalpine Bohler Group (voestalpine), as well as the estimated
weighted-average dumping margin determined for all other German
producers and exporters of subject merchandise, we also are revising
the estimated weighted-average dumping margins for SWG, voestalpine and
the all-others rate in the Germany Final Determination.\6\
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\4\ See section 735(e) of the Act; see also 19 CFR 351.224(f).
\5\ See Memorandum, ``Final Determination of Sales at Less-Than-
Fair-Value: Forged Steel Fluid End Blocks from the Federal Republic
of Germany: Ministerial Error Allegation,'' dated December 23, 2020
(Ministerial Error Memorandum).
\6\ See infra, section on ``Estimated Weighted-Average Dumping
Margins''; see also Ministerial Error Memorandum.
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Antidumping Duty Orders
On January 25, 2021, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of forged steel fluid end
blocks from Germany and Italy.\7\ Therefore, in accordance with section
735(c)(2) of the Act, Commerce is issuing these antidumping duty
orders. Because the ITC determined that imports of forged steel fluid
end blocks from Germany and Italy are materially injuring a U.S.
industry, unliquidated entries of such merchandise from Germany and
Italy, entered or withdrawn from warehouse for consumption, are subject
to the assessment of antidumping duties.
---------------------------------------------------------------------------
\7\ See ITC Notification Letter; see also Fluid End Blocks from
China, Germany, India, and Italy (Inv. Nos. 701-TA-632-635 and 731-
TA-1466 and 1468 (Final), USITC Publication 5152, January 2021).
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of forged steel fluid end blocks from Germany and
Italy. With the exception of entries occurring after the expiration of
the provisional measures period and before publication of the ITC's
final affirmative injury determinations, as further described below,
antidumping duties will be assessed on unliquidated entries of forged
steel fluid end blocks from Germany and Italy entered, or withdrawn
from warehouse, for consumption, on or after July 23, 2020, the date of
publication of the preliminary determinations.\8\
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\8\ See Forged Steel Fluid End Blocks from the Federal Republic
of Germany: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extension
of Provisional Measures, 85 FR 44513 (July 23, 2020) (Germany
Preliminary Determination); and Forged Steel Fluid End Blocks from
Italy: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 85 FR 44500 (July 23, 2020) (Italy Preliminary
Determination).
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Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce
will instruct CBP to continue to suspend liquidation on all relevant
entries of forged steel fluid end blocks from Germany and Italy. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed below. The relevant all-others rate
applies to all producers or exporters not specifically listed.
Because the estimated weighted-average dumping margin is zero for
subject merchandise produced and exported by Metalcam S.p.A., entries
of shipments of subject merchandise from this producer/exporter
combination are excluded from the antidumping duty order on subject
merchandise from Italy. This exclusion will not be applicable to
[[Page 7530]]
merchandise exported to the United States by this respondent in any
other producer/exporter combination or by third parties that sourced
subject merchandise from the excluded producer/exporter combination.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of forged steel fluid end blocks from Germany and Italy, Commerce
extended the four-month period to six months in each of these
investigations. Commerce published the preliminary determinations in
these investigations on July 23, 2020.\9\
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\9\ See Germany Preliminary Determination and Italy Preliminary
Determination.
---------------------------------------------------------------------------
The extended provisional measures period, beginning on the date of
publication of the preliminary determinations, ended on January 18,
2021. Therefore, in accordance with section 733(d) of the Act and our
practice,\10\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of forged steel fluid end blocks from Germany and
Italy entered, or withdrawn from warehouse, for consumption after
January 18, 2021, the final day on which the provisional measures were
in effect, until and through the day preceding the date of publication
of the ITC's final affirmative injury determinations in the Federal
Register. Suspension of liquidation and the collection of cash deposits
will resume on the date of publication of the ITC's final
determinations in the Federal Register.
---------------------------------------------------------------------------
\10\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Germany
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
BGH Edelstahl Siegen GmbH................................... 4.79
Schmiedewerke Groditz GmbH.................................. 78.36
voestalpine Bohler Group.................................... 78.36
All Others.................................................. 4.79
------------------------------------------------------------------------
Italy
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Metalcam S.p.A.............................................. \11\ 0.00
Lucchini Mame Forge S.p.A................................... 7.33
IMER International S.p.A.................................... 58.48
Galperti Group.............................................. 58.48
Mimest S.p.A................................................ 58.48
P. Technologies S.r.L....................................... 58.48
All Others.................................................. 7.33
------------------------------------------------------------------------
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\11\ After the final determination, Commerce directed CBP not to
suspend liquidation of entries of subject merchandise produced and
exported by Metalcam S.p.A. Subject merchandise from this producer/
exporter combination is excluded from the antidumping duty order on
Italy. See ``Continuation of Suspension of Liquidation'' section
above.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
forged steel fluid end blocks from Germany and Italy pursuant to
section 736(a) of the Act. Interested parties can find a list of
antidumping duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This amended final determination and antidumping duty orders are
published in accordance with sections 735(e) and 736(a) of the Act and
19 CFR 351.224(e) and 19 CFR 351.211(b).
Dated: January 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The products covered by these orders 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 these orders, 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 these orders 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 these orders 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 these orders 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 these orders 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
[[Page 7531]]
written description of the scope of the orders is dispositive.
[FR Doc. 2021-01979 Filed 1-28-21; 8:45 am]
BILLING CODE 3510-DS-P
