Finished Carbon Steel Flanges From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 35745-35747 [2021-14447]
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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices
of the United States (HTSUS) subheading
9403.20.0078. Parts of subject certain metal
lockers are classified under HTS subheading
9403.90.8041. In addition, subject certain
metal lockers may also enter under HTS
subheading 9403.20.0050. While HTSUS
subheadings are provided for convenience
and Customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Export Buyer’s Credit Program
Comment 2: Whether Commerce Should
Use Non-Alloy Hot-Rolled Steel and
Galvanized Steel Benchmarks
Comment 3: Whether Zhejiang Xingyi
Verified the Accuracy of Its Reported
Purchases of Galvanized Steel and
Stainless Steel Coil
Comment 4: Electricity for Less Than
Adequate Remuneration (LTAR) Program
Comment 5: Whether Commerce Should
Continue To Apply AFA to the Provision
of Steel Inputs for LTAR
Comment 6: Most Favored Nation Duty
Rates
VIII. Recommendation
[FR Doc. 2021–14316 Filed 7–6–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–815]
Finished Carbon Steel Flanges From
Spain: Preliminary Results of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers or exporters of finished
carbon steel flanges (flanges) from Spain
subject to this review made sales of
subject merchandise at less than normal
value during the period of review (POR)
June 1, 2019, through May 31, 2020. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable July 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Marc Castillo or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, Department of
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
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17:44 Jul 06, 2021
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35745
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0519 or (202) 482–6312,
respectively.
SUPPLEMENTARY INFORMATION:
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
Background
On June 14, 2017, we published in the
Federal Register an antidumping duty
(AD) order on flanges from Spain.1 On
June 2, 2020, Commerce published a
notice of opportunity to request an
administrative review of the Order.2
Based on timely requests for
administrative review, we initiated an
administrative review of eight
companies: (1) Aleaciones De Metales
Sinterizados S.A.; (2) Central Y
Almacenes; (3) Farina Group Spain; (4)
Friedrich Geldbach Gmbh; (5) Grupo
Cunado; (6) Transglory S.A.; (7)
Tubacero, S.L.; and (8) ULMA Forja,
S.Coop (ULMA).3 On September 24,
2020, we identified ULMA as the sole
mandatory respondent in this review.4
On February 11, 2021, and May 27,
2021, we extended the deadline for the
preliminary results, by a total of 120
days.5 The deadline for the preliminary
results of this administrative review is
now June 30, 2021.
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.6
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
The scope of the Order covers
finished carbon steel flanges. Finished
carbon steel flanges are currently
classified under subheadings
7307.91.5010 and 7307.91.5050 of the
Harmonized Tariff Schedule of the
United States (HTSUS). They may also
be entered under HTSUS subheadings
7307.91.5030 and 7307.91.5070. The
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope is
dispositive.
A full description of the scope of the
Order is contained in the Preliminary
Decision Memorandum.
Finished Carbon Steel Flanges from Spain:
Antidumping Duty Order, 82 FR 27229 (June 14,
2017) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 33628
(June 2, 2020).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
47731 (August 6, 2020).
4 See Memorandum, ‘‘Identification of Mandatory
Respondent for the 2019–2020 Administrative
Review of the Antidumping Duty Order on Finished
Carbon Steel Flanges from Spain,’’ dated September
24, 2020.
5 See Memorandum, ‘‘Finished Carbon Steel
Flanges from Spain: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review, 2019–2020,’’ dated
February 11, 2021; see also Memorandum,
‘‘Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review, 2019–
2020,’’ dated May 27, 2021.
6 See Memorandum, ‘‘Finished Carbon Steel
Flanges from Spain: Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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1 See
Frm 00017
Fmt 4703
Sfmt 4703
Scope of the Order
Methodology
Commerce conducted this review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance
with section 772 of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Preliminary Results of Administrative
Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period June 1,
2019, through May 31, 2020:
Exporter or manufacturer
ULMA Forja, S.Coop ..................
Aleaciones De Metales
Sinterizados S.A .....................
Central Y Almacenes ..................
Farina Group Spain ....................
Friedrich Geldbach Gmbh ..........
Grupo Cunado ............................
Transglory S.A ............................
Tubacero, S.L .............................
Weightedaverage
dumping
margin
(percent)
6.43
6.43
6.43
6.43
6.43
6.43
6.43
6.43
Non-Individually Examined Companies
For the weighted-average dumping
margin for non-selected respondents in
an administrative review, generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
E:\FR\FM\07JYN1.SGM
07JYN1
35746
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ We
preliminarily calculated a weightedaverage dumping margin for ULMA that
was not zero, de minimis, or based on
facts available. Accordingly, we have
preliminarily applied the weightedaverage dumping margin calculated for
ULMA as the weighted-average
dumping margin for the nonindividually examined companies.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to the parties within five days after
public announcement of the preliminary
results in accordance with 19 CFR
351.224(b).
Interested parties may submit case
briefs no later than 30 days after the
date of publication of these preliminary
results of review.7 Rebuttal briefs may
be filed no later than seven days after
case briefs are due and may respond
only to arguments raised in the case
briefs.8 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.9 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.10
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. Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs.
An electronically filed document
must be received successfully in its
entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.11
Unless otherwise extended,
Commerce intends to issue the final
7 See
19 CFR 351.309(c)(ii).
8 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) (Temporary Rule).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See Temporary Rule.
11 See 19 CFR 351.310(c).
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17:44 Jul 06, 2021
Jkt 253001
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review, pursuant
to section 751(a)(3)(A) of the Act.
Assessment Rate
Upon issuing the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.12 If a respondent’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.50 percent)
in the final results of this review, we
intend to calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of the
importer’s sales in accordance with 19
CFR 351.212(b)(1). If the respondent’s
weighted-average dumping margin is
zero or de minimis in the final results,
or if an importer-specific assessment
rate is zero or de minimis, then we will
instruct CBP to liquidate the appropriate
entries without regards to antidumping
duties.
Consistent with its recent notice,13
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. The final results of
this administrative review shall be the
basis for the assessment of antidumping
duties on entries of merchandise under
review and for future deposits of
estimated duties, where applicable.
For entries of subject merchandise
during the POR produced by ULMA for
which it did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.14
Cash Deposit Requirements
The following deposit requirements
for estimated antidumping duties will
be effective upon publication of the
notice of final results of this review for
all shipments of flanges from Spain
entered, or withdrawn from warehouse,
for consumption on or after the date of
19 CFR 351.212(b)(1).
Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
14 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
PO 00000
12 See
13 See
Frm 00018
Fmt 4703
Sfmt 4703
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for the companies under review,
will be equal to the company-specific
weighted-average dumping margin
established in the final results of the
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for merchandise exported
by producers or exporters not covered in
this review but covered in a prior
completed segment of the proceeding,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
investigation but the producer is, the
cash deposit rate will be the rate
established in a prior competed segment
for the most recent period for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be 18.81
percent,15 the all-others rate established
in the less-than-fair-value investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(4).
15 See
E:\FR\FM\07JYN1.SGM
Order, 82 FR at 27229.
07JYN1
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices
Dated: June 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2021–14447 Filed 7–6–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–053]
Certain Aluminum Foil From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review, Partial
Rescission of Antidumping Duty
Administrative Review, and
Preliminary Determination of No
Shipments; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
exporters of certain aluminum foil
(aluminum foil) from the People’s
Republic of China (China) sold subject
merchandise in the United States at
prices below normal value during the
period of review (POR) April 1, 2019,
through March 31, 2020. Additionally,
Commerce is rescinding this review
with respect to multiple companies.
Interested parties are invited to
comment on these preliminary results of
this review.
DATES: Applicable July 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Chelsey Simonovich or Michael J.
Heaney, 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) 482–1979, or
(202) 482–4475, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On June 8, 2020, Commerce initiated
an administrative review of the
antidumping duty order on aluminum
foil from China,1 in accordance with
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
34708 (June 8, 2020); see also Certain Aluminum
Foil from the People’s Republic of China: Amended
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section 751(a) of the Tariff Act of 1930,
as amended (the Act). On July 21, 2020,
Commerce tolled the deadlines for
issuing its preliminary results by 60
days.2 On February 26, 2021, pursuant
to section 751(a)(3)(A) of the Act,
Commerce extended the deadline for the
preliminary results of this review by 120
days, until June 29, 2021.3
The administrative review covers two
mandatory respondents: (1) Jiangsu
Zhongji Lamination Materials Co., (HK)
Ltd.; Jiangsu Zhongji Lamination
Materials Stock Co., Ltd.; Jiangsu
Zhongji Lamination Materials Co., Ltd.;
and Jiangsu Huafeng Aluminum
Industry Co., Ltd (collectively,
Zhongji); 4 and (2) Jiangsu Alcha
Aluminum Co., Ltd. (Jiangsu Alcha).
The administrative review also covers
14 other companies that were not
selected for individual examination. For
details regarding the events that
occurred subsequent to the initiation of
the review, see the Preliminary Decision
Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice.
The Preliminary Decision
Memorandum is a public document and
is made available to the public via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order: 83 FR 17362
(April 19, 2018) (Order).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
3 See Memorandum, ‘‘Aluminum Foil from the
People’s Republic of China: Extension of Time
Limit Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
February 26, 2021.
4 Consistent with the methodology employed in
the less-than-fair-value (LTFV) investigation, we
have continued to collapse Jiangsu Zhongji
Lamination Materials Co., (HK) Ltd. (Zhongji HK),
and Jiangsu Zhongji Lamination Materials Co., Ltd.
(Jiangsu Zhongji), (collectively, Zhongji) and to treat
these companies as a single entity. See
Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination and Accompanying
Preliminary Decision Memorandum, 82 FR 50858
(November 2, 2017), and accompanying Preliminary
Decision Memorandum at 16–18, unchanged in
Certain Aluminum Foil From the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018). We find
that record evidence supports treating each of these
entities as a collapsed entity in this review. See
Memorandum, ‘‘Zhongji Analysis for the
Preliminary Results,’’ dated June 29, 2021.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Aluminum Foil
from the People’s Republic of China; 2018–2019,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
PO 00000
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35747
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be found at https://
enforcement.trade.gov/frn/.
Scope of the Order
The merchandise covered by the
Order is aluminum foil from China. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.6
Preliminary Determination of No
Shipments
Jiangsu Dingsheng New Materials
Joint Stock Co., Ltd.; Hangzhou Teemful
Aluminum Co., Ltd.; and Hangzhou
Five Star Aluminum Co., Ltd. reported
that they did not have any exports of
subject merchandise during the POR.7
To date, we have found no evidence
calling into question the no-shipment
claims made by these companies;
therefore, we preliminarily find that
these companies had no shipments of
subject merchandise to the United
States during the POR. For additional
information regarding these preliminary
determinations, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative
Review
Section 351.213(d)(1) of Commerce’s
regulations provides that Commerce
will rescind an administrative review,
in whole or in part, if all parties that
requested a review withdraw their
requests for review within 90 days of
the publication date of the notice of
initiation of the requested review. All
parties timely withdrew their requests
for administrative review of the
following companies: (1) Baotou Alcha
Aluminum Co., Ltd.; (2) Granges
Aluminum (Shanghai) Co., Ltd.; (3)
Guangxi Baise Xinghe Aluminum
Industry Co., Ltd.; (4) Hangzhou
DingCheng Aluminum Co., Ltd.; (5)
Hangzhou Dingsheng Industrial Group
Co. Ltd.; (6) Hangzhou Teemful
Aluminum Co., Ltd.; (7) Huafon Nikkei
Aluminium Corporation; (8) Jiangyin
Dolphin Pack Ltd. Co.; (9) Luoyang
Longding Aluminium Industries Co.,
6 See
Preliminary Decision Memorandum at 2.
Letter from Jiangsu Dingsheng New
Materials Joint Stock Co., Ltd ‘‘No Shipment Letter
for Jiangsu Dingsheng in the Administrative Review
of Aluminum Foil from the People’s Republic of
China,’’ dated July 8, 2020 Letter from Hangzhou
Five Star, ‘‘No Shipment Letter for Hangzhou Five
Star in the Administrative Review of the
Antidumping Duty Order on Aluminum Foil from
the People’s Republic of China,’’ dated July 8, 2020;
Letter from Hangzhou Teemful, ‘‘No Shipment
Letter for Hangzhou Teemful in the Administrative
Review of the Antidumping Duty Order on
Aluminum Foil from the People’s Republic of
China,’’ dated July 8, 2020.
7 See
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]]>Agencies
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35745-35747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14447]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-815]
Finished Carbon Steel Flanges From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers or exporters of finished carbon steel flanges (flanges)
from Spain subject to this review made sales of subject merchandise at
less than normal value during the period of review (POR) June 1, 2019,
through May 31, 2020. We invite interested parties to comment on these
preliminary results.
DATES: Applicable July 7, 2021.
FOR FURTHER INFORMATION CONTACT: Marc Castillo or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-0519 or (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 14, 2017, we published in the Federal Register an
antidumping duty (AD) order on flanges from Spain.\1\ On June 2, 2020,
Commerce published a notice of opportunity to request an administrative
review of the Order.\2\ Based on timely requests for administrative
review, we initiated an administrative review of eight companies: (1)
Aleaciones De Metales Sinterizados S.A.; (2) Central Y Almacenes; (3)
Farina Group Spain; (4) Friedrich Geldbach Gmbh; (5) Grupo Cunado; (6)
Transglory S.A.; (7) Tubacero, S.L.; and (8) ULMA Forja, S.Coop
(ULMA).\3\ On September 24, 2020, we identified ULMA as the sole
mandatory respondent in this review.\4\
---------------------------------------------------------------------------
\1\ See Finished Carbon Steel Flanges from Spain: Antidumping
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 33628 (June 2, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 47731 (August 6, 2020).
\4\ See Memorandum, ``Identification of Mandatory Respondent for
the 2019-2020 Administrative Review of the Antidumping Duty Order on
Finished Carbon Steel Flanges from Spain,'' dated September 24,
2020.
---------------------------------------------------------------------------
On February 11, 2021, and May 27, 2021, we extended the deadline
for the preliminary results, by a total of 120 days.\5\ The deadline
for the preliminary results of this administrative review is now June
30, 2021.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review, 2019-2020,'' dated February 11, 2021; see
also Memorandum, ``Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review, 2019-2020,'' dated May 27, 2021.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\6\ The Preliminary Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Finished Carbon Steel Flanges from Spain:
Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The scope of the Order covers finished carbon steel flanges.
Finished carbon steel flanges are currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
Schedule of the United States (HTSUS). They may also be entered under
HTSUS subheadings 7307.91.5030 and 7307.91.5070. The HTSUS subheadings
are provided for convenience and customs purposes; the written
description of the scope is dispositive.
A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying these preliminary results,
see the Preliminary Decision Memorandum.
Preliminary Results of Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period June 1, 2019, through May 31,
2020:
------------------------------------------------------------------------
Weighted-
average
Exporter or manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop.......................................... 6.43
Aleaciones De Metales Sinterizados S.A...................... 6.43
Central Y Almacenes......................................... 6.43
Farina Group Spain.......................................... 6.43
Friedrich Geldbach Gmbh..................................... 6.43
Grupo Cunado................................................ 6.43
Transglory S.A.............................................. 6.43
Tubacero, S.L............................................... 6.43
------------------------------------------------------------------------
Non-Individually Examined Companies
For the weighted-average dumping margin for non-selected
respondents in an administrative review, generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated
[[Page 35746]]
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero or de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .'' We preliminarily calculated a weighted-average
dumping margin for ULMA that was not zero, de minimis, or based on
facts available. Accordingly, we have preliminarily applied the
weighted-average dumping margin calculated for ULMA as the weighted-
average dumping margin for the non-individually examined companies.
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary results of
review.\7\ Rebuttal briefs may be filed no later than seven days after
case briefs are due and may respond only to arguments raised in the
case briefs.\8\ 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.\9\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\10\
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\7\ See 19 CFR 351.309(c)(ii).
\8\ 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) (Temporary Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs.
An electronically filed document must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5:00
p.m. Eastern Time within 30 days after the date of publication of this
notice.\11\
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\11\ See 19 CFR 351.310(c).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rate
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\12\ If a respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.50 percent) in the final results of this review, we intend to
calculate importer-specific assessment rates on the basis of the ratio
of the total amount of dumping calculated for each importer's examined
sales and the total entered value of the importer's sales in accordance
with 19 CFR 351.212(b)(1). If the respondent's weighted-average dumping
margin is zero or de minimis in the final results, or if an importer-
specific assessment rate is zero or de minimis, then we will instruct
CBP to liquidate the appropriate entries without regards to antidumping
duties.
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\12\ See 19 CFR 351.212(b)(1).
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Consistent with its recent notice,\13\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. The final results of this administrative review shall be the
basis for the assessment of antidumping duties on entries of
merchandise under review and for future deposits of estimated duties,
where applicable.
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\13\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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For entries of subject merchandise during the POR produced by ULMA
for which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\14\
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\14\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of final results of
this review for all shipments of flanges from Spain entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided by section 751(a)(2) of the Act: (1) The cash
deposit rate for the companies under review, will be equal to the
company-specific weighted-average dumping margin established in the
final results of the review (except, if the rate is zero or de minimis,
no cash deposit will be required); (2) for merchandise exported by
producers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation but the producer is, the
cash deposit rate will be the rate established in a prior competed
segment for the most recent period for the producer of the merchandise;
(4) the cash deposit rate for all other producers or exporters will
continue to be 18.81 percent,\15\ the all-others rate established in
the less-than-fair-value investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\15\ See Order, 82 FR at 27229.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
[[Page 35747]]
Dated: June 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2021-14447 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-DS-P
