Stainless Steel Flanges From India: Final Results of Antidumping Duty Administrative Review; 2018-2019, 47619-47621 [2021-18367]
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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
and for customs purposes only and are not
dispositive, but rather the written description
of the scope of this order is dispositive.8
[FR Doc. 2021–18368 Filed 8–25–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–877]
Stainless Steel Flanges From India:
Final Results of Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that exporters/
producers of stainless steel flanges from
India made sales at prices below normal
value during the period of review (POR)
March 28, 2018, through September 30,
2019.
DATES: Applicable August 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros, 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) 482–7425.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 24, 2021, Commerce
published the Preliminary Results.1 On
April 2, 2021, we received timely-filed
case briefs from Bebitz Flanges Works
Private Limited (Bebitz) 2 Chandan Steel
Limited (Chandan),3 and Pradeep
Metals Limited,4 and a joint brief from
Balkrishna et al. and Bebitz.5 On April
9, 2021, the petitioner timely filed its
rebuttal brief.6 On May 11, 2021,
Commerce held a public hearing,
limited to the issues raised in the case
and rebuttal briefs.7 On June 2, 2021, we
extended the deadline for the final
results of this review until August 20,
2021.8 For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.9
Scope of the Order
The merchandise covered by the order
is stainless steel flanges from India. For
a complete description of the scope of
this order, see the Issues and Decision
Memorandum.10
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum. Attached to this
notice, in Appendix I, is a list of the
issues which parties raised. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html/.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties, and for the reasons explained in
the Issues and Decision Memorandum,
we made no changes to the Preliminary
Results.11
Rate for Non-Selected Companies
In accordance with the U.S. Court of
Appeals for the Federal Circuit’s
decision in Albemarle,12 Commerce
continues to assign to the companies not
individually examined (see Appendix II
for a full list of these companies) a
margin of 145.25 percent, which is the
dumping margin assigned to mandatory
respondent Chandan. Commerce has
addressed arguments from various
interested parties regarding this rate,
which we assigned to the non-examined
companies in the Preliminary Results,
and, for the final results, the
determination remains unchanged, as
discussed in the Issues and Decision
Memorandum.13
Final Results of Administrative Review
We are assigning the following
dumping margin to the firms listed
below for the POR, March 28, 2018,
through September 30, 2019:
Dumping margin
(percent)
Exporter/producer
jbell on DSKJLSW7X2PROD with NOTICES
Chandan Steel Limited ................................................................................................................................
Companies Not Individually Examined (excluding Bebitz Flanges Works Private Limited) 15 ....................
8 On April 26, 2011, Commerce amended the
order to include dusted shrimp, pursuant to the
U.S. Court of International Trade (CIT) decision in
Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010) and the
U.S. International Trade Commission (USITC)
determination, which found the domestic like
product to include dusted shrimp. See Certain
Frozen Warmwater Shrimp from Brazil, India, the
People’s Republic of China, Thailand, and the
Socialist Republic of Vietnam: Amended
Antidumping Duty Orders in Accordance with Final
Court Decision, 76 FR 23277 (April 26, 2011); see
also Ad Hoc Shrimp Trade Action Committee v.
United States, 703 F. Supp. 2d 1330 (CIT 2010); and
Frozen Warmwater Shrimp from Brazil, China,
India, Thailand, and Vietnam (Investigation Nos.
731–TA–1063, 1064, 1066–1068 (Review), USITC
Publication 4221, March 2011.
1 See Stainless Steel Flanges from India:
Preliminary Results of Antidumping Duty
Administrative Review; 2018–2019, 86 FR 11233
(February 24, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Bebitz’s Letter, ‘‘Stainless Steel Flanges
from India: Case Brief,’’ dated April 2, 2021.
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17:30 Aug 25, 2021
Jkt 253001
3 On April 30, 2021, we rejected Chandan’s case
brief for relying on untimely-filed new factual
information (NFI). See Commerce Letter,
‘‘Antidumping Duty Administrative Review of
Stainless Steel Flanges from India: Rejection of New
Factual Information,’’ dated April 30, 2021.
Therefore, on May 4, 2021, Chandan refiled its case
brief after removing the NFI. See Chandan’s Letter,
‘‘Certain Stainless Steel Flanges from India (A–533–
877—AR1), Submission of Case Brief for Chandan
Steel (Refile),’’ dated May 4, 2021.
4 See Pradeep Metals’ Letter, ‘‘Certain Stainless
Steel Flanges from India (A–533–877—AR1),
Submission of Case Brief for Pradeep Metals
Limited,’’ dated April 2, 2021.
5 See Balkrishna et al./Bebitz’s Letter, ‘‘Stainless
Steel Flanges from India: ‘All Other’ Case Brief,’’
dated April 2, 2021.
6 On July 19, 2021, we rejected the petitioner’s
rebuttal brief for containing citations to untimelyfiled NFI submitted by Chandan. See Commerce’s
Letter, ‘‘Antidumping Duty Administrative Review
of Stainless Steel Flanges from India: Rejection of
Petitioner’s Rebuttal Brief,’’ dated July 19, 2021. On
July 21, 2021, the petitioner refiled its rebuttal brief
after removing the NFI. See Petitioner’s Letter,
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
47619
145.25
145.25
Cash deposit rate
(adjusted for
subsidy offsets)
(percent) 14
140.38
140.38
‘‘Stainless Steel Flanges from India: Resubmission
of Petitioner’s Rebuttal Brief,’’ dated July 21, 2021.
7 See Hearing Transcript, ‘‘The Administrative
Review of the Antidumping Duty Order on
Stainless Steel Flanges from India: Public Hearing,’’
dated May 11, 2021.
8 See Memorandum, ‘‘Stainless Steel Flanges from
India: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2018–
2019,’’ dated June 2, 2021.
9 See Memorandum, ‘‘Stainless Steel Flanges from
India: Issues and Decision Memorandum for the
Final Results of the Antidumping Duty
Administrative Review; 2018–2019,’’ dated August
20, 2021 (Issues and Decision Memorandum) which
is dated concurrently with, and hereby adopted by,
this notice.
10 Id.
11 Id.
12 See Preliminary Results (citing Albemarle Corp.
v. United States, 821 F. 3d 1345 (Fed. Cir. 2016)
(Albemarle)).
13 See Issues and Decision Memorandum at
Comment 3.
E:\FR\FM\26AUN1.SGM
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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
Dumping margin
(percent)
Exporter/producer
Bebitz Flanges Works Private Limited 16 .....................................................................................................
Disclosure
Normally, Commerce discloses the
calculations performed in its analysis to
parties in a review within five days of
the date of publication of the notice of
final results, in accordance with 19 CFR
351.224(b). However, because
Commerce applied a rate based on total
AFA to the mandatory respondent in
this review, in accordance with section
776 of the Act, there are no calculations
to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b), Commerce has
determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review. We
intend to issue appropriate 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. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).17
For the final results, we will instruct
CBP to apply an ad valorem assessment
rate equal to the dumping margins
shown above to all entries of subject
merchandise during the POR which
were produced and/or exported by
Chandan or exported by the companies
which were not selected for individual
examination. We intend to instruct CBP
to take into account the ‘‘provisional
measures deposit cap,’’ in accordance
with 19 CFR 351.212(d).
jbell on DSKJLSW7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
14 See Stainless Steel Flanges from India: Final
Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Critical
Circumstance Determination, 83 FR 40745 (August
16, 2018).
15 See Appendix II.
16 See Issues and Decision Memorandum at
Comment 4.
17 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).
VerDate Sep<11>2014
17:30 Aug 25, 2021
Jkt 253001
publication of the notice of the final
results of this administrative review for
all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
for by section 751(a)(2) of the Act: (1)
The cash deposit rate for Chandan and
the companies not individually
examined will be equal to the rates
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered by this review but
covered by 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 of this proceeding;
(3) if the exporter is not a firm covered
by this review or the original less-thanfair-value (LTFV) investigation, but the
producer is, then the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 14.29 percent,18 the allothers rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) 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.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
18 See Stainless Steel Flanges from India:
Antidumping Duty Order, 83 FR 50639 (October 9,
2018) (Order).
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Frm 00007
Fmt 4703
Sfmt 4703
145.25
Cash deposit rate
(adjusted for
subsidy offsets)
(percent) 14
145.25
of the proceeding. 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 terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: August 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Application of AFA to
Chandan
Comment 2: Selection of the AFA Rate
Comment 3: All-Others Rate for NonExamined Companies
Comment 4: Export Subsidies Offset
V. Recommendation
Appendix II—List of Non-Examined
Companies
1. Arien Global
2. Armstrong International Pvt. Ltd
3. Avinimetal
4. Balkrishna Steel Forge Pvt. Ltd
5. Bebitz Flanges Works Private Limited
6. Bee Gee Enterprises
7. Bsl Freight Solutions Pvt., Ltd
8. CD Industries (Prop. Kisaan Engineering
Works Pvt. Ltd)
9. Cipriani Harrison Valves Pvt. Ltd
10. CTL Logistics (India) Pvt. Ltd
11. Echjay Forgings Private Ltd 19
12. Fivebros Forgings Pvt. Ltd
13. Fluid Controls Pvt. Ltd
14. Geodis Oversea Pvt., Ltd
15. Globelink WW India Pvt., Ltd
16. Goodluck India Ltd
17. Hilton Metal Forging Limited
18. Jai Auto Pvt. Ltd
19. JAY JAGDAMBA FORGINGS PRIVATE
LIMITED
20. JAY JAGDAMBA LIMITED 20
21. JAY JAGDAMBA PROFILE PRIVATE
LIMITED
19 In the Initiation Notice, this company also
appeared as ‘‘Echjay Forgings Private Limited.’’ See
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 67712, 67714
(December 11, 2019) (Initiation Notice).
20 In the Initiation Notice, this company also
appeared as ‘‘Jay Jagdamba Ltd.’’ Id.
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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
22. Kisaan Die Tech
23. Kunj Forgings Pvt. Ltd
24. Montane Shipping Pvt., Ltd
25. Noble Shipping Pvt. Ltd
26. Paramount Forge
27. Pashupati Tradex Pvt., Ltd
28. Peekay Steel Castings Pvt. Ltd
29. Pradeep Metals Ltd
30. R D Forge Pvt., Ltd
31. Rolex Fittings India Pvt. Ltd
32. Rollwell Forge Pvt. Ltd
33. Safewater Lines (I) Pvt. Ltd
34. Saini Flange Pvt. Ltd
35. SAR Transport Systems
36. Shilpan Steelcast Pvt. Ltd
37. Shree Jay Jagdamba Flanges Pvt. Ltd
38. Teamglobal Logistics Pvt. Ltd
39. Technical Products Corporation
40. Technocraft Industries India Ltd
41. Transworld Global
42. VEEYES Engineering Pvt. Ltd
43. Vishal Shipping Agencies Pvt. Ltd
44. Yusen Logistics (India) Pvt. Ltd
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.216, Commerce conduct
an expedited CCR of the AD order on
certain softwood lumber products from
Canada 2 to confirm that CHAP is the
successor-in-interest to L’Atelier, and
accordingly to assign it the cash deposit
rate of L’Atelier.3 In its submission,
CHAP states that while L’Atelier
undertook its name, the company is
otherwise primarily unchanged.4 On
June 8, 2021, Commerce informed
CHAP that it required additional
information in order to determine
whether to initiate the requested CCR.5
On June 24, 2021, CHAP provided the
requested information.6
On July 6, 2021, Commerce initiated
a CCR and preliminarily determined
that CHAP is the successor-in-interest to
L’Atelier.7 In the Initiation and
Preliminary Results CCR, Commerce
provided all interested parties with an
opportunity to comment.8 However, we
received no comments.
[FR Doc. 2021–18367 Filed 8–25–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–857]
Certain Softwood Lumber Products
From Canada: Notice of Final Results
of Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 12, 2021, the
Department of Commerce (Commerce)
published the initiation and preliminary
results of a changed circumstances
review (CCR) of the antidumping duty
(AD) order on certain softwood lumber
products from Canada. For these final
results, Commerce continues to find that
CHAP Alliance, Inc. (CHAP) is the
successor-in-interest to L’Atelier de
Re´adaptation au Travail de Beauce Inc.
(L’Atelier) in the context of the AD
order on certain softwood lumber
products from Canada.
DATES: Applicable August 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5831.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Background
On May 5, 2021, CHAP requested 1
that, pursuant to section 751(b) of the
1 See CHAP’s Letter, ‘‘Certain Softwood Lumber
from Canada: L’Atelier de Re´adaptation au Travail
de Beauce Inc. Request for Changed Circumstances
Reviews,’’ dated May 5, 2021 (CCR Request).
VerDate Sep<11>2014
17:30 Aug 25, 2021
Jkt 253001
Scope of the Order
The merchandise covered by the
Order is softwood lumber, siding,
flooring and certain other coniferous
wood (softwood lumber products).
Softwood lumber product imports are
generally entered under Chapter 44 of
the Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
Order is dispositive.9
Final Results of Changed
Circumstances Review
For the reasons stated in the Initiation
and Preliminary Results CCR,
Commerce continues to find that CHAP
is the successor-in-interest to L’Atelier.
As a result of this determination and
2 See Certain Softwood Lumber Products from
Canada: Antidumping Duty Order and Partial
Amended Final Determination, 83 FR 350 (January
3, 2018) (Order).
3 See CCR Request at 1–2.
4 Id. at 2–6.
5 See Commerce’s Letter, ‘‘Changed
Circumstances Review of Certain Softwood Lumber
Products from Canada: Supplemental
Questionnaire,’’ dated June 8, 2021.
6 See CHAP’s Letter, ‘‘Certain Softwood Lumber
from Canada: Supplemental Questionnaire
Response,’’ dated June 24, 2021.
7 See Initiation and Preliminary Results of
Changed Circumstances Review: Certain Softwood
Lumber Products from Canada, 86 FR 36525 (July
12, 2021) (Initiation and Preliminary Results CCR),
and accompanying Preliminary Decision
Memorandum.
8 See Initiation and Preliminary Results CCR, 86
FR at 36526.
9 For a complete description of the scope of the
Order, see Initiation and Preliminary Results CCR
Preliminary Decision Memorandum (no changes in
these final results).
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Fmt 4703
Sfmt 4703
47621
consistent with established practice, we
find that CHAP should receive the cash
deposit rates previously assigned to
L’Atelier. Consequently, Commerce will
instruct U.S. Customs and Border
Protection to suspend liquidation of all
shipments of subject merchandise
produced or exported by L’Atelier and
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice in the
Federal Register at the cash deposit rate
in effect for L’Atelier. This cash deposit
requirement shall remain in effect until
further notice.
Notification to Interested Parties
We are issuing this determination and
publishing these final results and notice
in accordance with sections 751(b)(1)
and 777(i)(1) and (2) of the Act, and 19
CFR 351.216(e), 351.221(b), and
351.221(c)(3).
Dated: August 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2021–18369 Filed 8–25–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–884]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea: Final
Results of Countervailing Duty
Administrative Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to Hyundai Steel Co., Ltd.
(Hyundai Steel), a producer and
exporter of certain hot-rolled steel flat
products (hot-rolled steel) from the
Republic of Korea (Korea). The period of
review (POR) is January 1, 2018,
through December 31, 2018.
DATES: Applicable August 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Nathan James, 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) 482–5305.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results of this review on February 22,
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Agencies
[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47619-47621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18367]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877]
Stainless Steel Flanges From India: Final Results of Antidumping
Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
exporters/producers of stainless steel flanges from India made sales at
prices below normal value during the period of review (POR) March 28,
2018, through September 30, 2019.
DATES: Applicable August 26, 2021.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482-7425.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2021, Commerce published the Preliminary
Results.\1\ On April 2, 2021, we received timely-filed case briefs from
Bebitz Flanges Works Private Limited (Bebitz) \2\ Chandan Steel Limited
(Chandan),\3\ and Pradeep Metals Limited,\4\ and a joint brief from
Balkrishna et al. and Bebitz.\5\ On April 9, 2021, the petitioner
timely filed its rebuttal brief.\6\ On May 11, 2021, Commerce held a
public hearing, limited to the issues raised in the case and rebuttal
briefs.\7\ On June 2, 2021, we extended the deadline for the final
results of this review until August 20, 2021.\8\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\9\
---------------------------------------------------------------------------
\1\ See Stainless Steel Flanges from India: Preliminary Results
of Antidumping Duty Administrative Review; 2018-2019, 86 FR 11233
(February 24, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Bebitz's Letter, ``Stainless Steel Flanges from India:
Case Brief,'' dated April 2, 2021.
\3\ On April 30, 2021, we rejected Chandan's case brief for
relying on untimely-filed new factual information (NFI). See
Commerce Letter, ``Antidumping Duty Administrative Review of
Stainless Steel Flanges from India: Rejection of New Factual
Information,'' dated April 30, 2021. Therefore, on May 4, 2021,
Chandan refiled its case brief after removing the NFI. See Chandan's
Letter, ``Certain Stainless Steel Flanges from India (A-533-877--
AR1), Submission of Case Brief for Chandan Steel (Refile),'' dated
May 4, 2021.
\4\ See Pradeep Metals' Letter, ``Certain Stainless Steel
Flanges from India (A-533-877--AR1), Submission of Case Brief for
Pradeep Metals Limited,'' dated April 2, 2021.
\5\ See Balkrishna et al./Bebitz's Letter, ``Stainless Steel
Flanges from India: `All Other' Case Brief,'' dated April 2, 2021.
\6\ On July 19, 2021, we rejected the petitioner's rebuttal
brief for containing citations to untimely-filed NFI submitted by
Chandan. See Commerce's Letter, ``Antidumping Duty Administrative
Review of Stainless Steel Flanges from India: Rejection of
Petitioner's Rebuttal Brief,'' dated July 19, 2021. On July 21,
2021, the petitioner refiled its rebuttal brief after removing the
NFI. See Petitioner's Letter, ``Stainless Steel Flanges from India:
Resubmission of Petitioner's Rebuttal Brief,'' dated July 21, 2021.
\7\ See Hearing Transcript, ``The Administrative Review of the
Antidumping Duty Order on Stainless Steel Flanges from India: Public
Hearing,'' dated May 11, 2021.
\8\ See Memorandum, ``Stainless Steel Flanges from India:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2018-2019,'' dated June 2, 2021.
\9\ See Memorandum, ``Stainless Steel Flanges from India: Issues
and Decision Memorandum for the Final Results of the Antidumping
Duty Administrative Review; 2018-2019,'' dated August 20, 2021
(Issues and Decision Memorandum) which is dated concurrently with,
and hereby adopted by, this notice.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is stainless steel flanges
from India. For a complete description of the scope of this order, see
the Issues and Decision Memorandum.\10\
---------------------------------------------------------------------------
\10\ Id.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum. Attached to this notice, in
Appendix I, is a list of the issues which parties raised. The Issues
and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn//.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, and for the reasons explained in the Issues and
Decision Memorandum, we made no changes to the Preliminary Results.\11\
---------------------------------------------------------------------------
\11\ Id.
---------------------------------------------------------------------------
Rate for Non-Selected Companies
In accordance with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle,\12\ Commerce continues to assign to
the companies not individually examined (see Appendix II for a full
list of these companies) a margin of 145.25 percent, which is the
dumping margin assigned to mandatory respondent Chandan. Commerce has
addressed arguments from various interested parties regarding this
rate, which we assigned to the non-examined companies in the
Preliminary Results, and, for the final results, the determination
remains unchanged, as discussed in the Issues and Decision
Memorandum.\13\
---------------------------------------------------------------------------
\12\ See Preliminary Results (citing Albemarle Corp. v. United
States, 821 F. 3d 1345 (Fed. Cir. 2016) (Albemarle)).
\13\ See Issues and Decision Memorandum at Comment 3.
---------------------------------------------------------------------------
Final Results of Administrative Review
We are assigning the following dumping margin to the firms listed
below for the POR, March 28, 2018, through September 30, 2019:
------------------------------------------------------------------------
Cash deposit rate
Dumping margin (adjusted for
Exporter/producer (percent) subsidy offsets)
(percent) 14
------------------------------------------------------------------------
Chandan Steel Limited............. 145.25 140.38
Companies Not Individually 145.25 140.38
Examined (excluding Bebitz
Flanges Works Private Limited) 15
[[Page 47620]]
Bebitz Flanges Works Private 145.25 145.25
Limited 16.......................
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Disclosure
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\14\ See Stainless Steel Flanges from India: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Critical Circumstance Determination, 83 FR 40745 (August 16, 2018).
\15\ See Appendix II.
\16\ See Issues and Decision Memorandum at Comment 4.
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Normally, Commerce discloses the calculations performed in its
analysis to parties in a review within five days of the date of
publication of the notice of final results, in accordance with 19 CFR
351.224(b). However, because Commerce applied a rate based on total AFA
to the mandatory respondent in this review, in accordance with section
776 of the Act, there are no calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. We intend to
issue appropriate 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. If a timely summons is filed at the U.S. Court
of International Trade, the assessment instructions will direct CBP not
to liquidate relevant entries until the time for parties to file a
request for a statutory injunction has expired (i.e., within 90 days of
publication).\17\
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\17\ 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 the final results, we will instruct CBP to apply an ad valorem
assessment rate equal to the dumping margins shown above to all entries
of subject merchandise during the POR which were produced and/or
exported by Chandan or exported by the companies which were not
selected for individual examination. We intend to instruct CBP to take
into account the ``provisional measures deposit cap,'' in accordance
with 19 CFR 351.212(d).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of the final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided for by section 751(a)(2) of the Act: (1) The cash
deposit rate for Chandan and the companies not individually examined
will be equal to the rates established in the final results of this
administrative review; (2) for merchandise exported by producers or
exporters not covered by this review but covered by 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 of this
proceeding; (3) if the exporter is not a firm covered by this review or
the original less-than-fair-value (LTFV) investigation, but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 14.29 percent,\18\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\18\ See Stainless Steel Flanges from India: Antidumping Duty
Order, 83 FR 50639 (October 9, 2018) (Order).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: August 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Application of AFA to Chandan
Comment 2: Selection of the AFA Rate
Comment 3: All-Others Rate for Non-Examined Companies
Comment 4: Export Subsidies Offset
V. Recommendation
Appendix II--List of Non-Examined Companies
1. Arien Global
2. Armstrong International Pvt. Ltd
3. Avinimetal
4. Balkrishna Steel Forge Pvt. Ltd
5. Bebitz Flanges Works Private Limited
6. Bee Gee Enterprises
7. Bsl Freight Solutions Pvt., Ltd
8. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd)
9. Cipriani Harrison Valves Pvt. Ltd
10. CTL Logistics (India) Pvt. Ltd
11. Echjay Forgings Private Ltd \19\
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\19\ In the Initiation Notice, this company also appeared as
``Echjay Forgings Private Limited.'' See Initiation of Antidumping
and Countervailing Duty Administrative Reviews, 84 FR 67712, 67714
(December 11, 2019) (Initiation Notice).
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12. Fivebros Forgings Pvt. Ltd
13. Fluid Controls Pvt. Ltd
14. Geodis Oversea Pvt., Ltd
15. Globelink WW India Pvt., Ltd
16. Goodluck India Ltd
17. Hilton Metal Forging Limited
18. Jai Auto Pvt. Ltd
19. JAY JAGDAMBA FORGINGS PRIVATE LIMITED
20. JAY JAGDAMBA LIMITED \20\
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\20\ In the Initiation Notice, this company also appeared as
``Jay Jagdamba Ltd.'' Id.
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21. JAY JAGDAMBA PROFILE PRIVATE LIMITED
[[Page 47621]]
22. Kisaan Die Tech
23. Kunj Forgings Pvt. Ltd
24. Montane Shipping Pvt., Ltd
25. Noble Shipping Pvt. Ltd
26. Paramount Forge
27. Pashupati Tradex Pvt., Ltd
28. Peekay Steel Castings Pvt. Ltd
29. Pradeep Metals Ltd
30. R D Forge Pvt., Ltd
31. Rolex Fittings India Pvt. Ltd
32. Rollwell Forge Pvt. Ltd
33. Safewater Lines (I) Pvt. Ltd
34. Saini Flange Pvt. Ltd
35. SAR Transport Systems
36. Shilpan Steelcast Pvt. Ltd
37. Shree Jay Jagdamba Flanges Pvt. Ltd
38. Teamglobal Logistics Pvt. Ltd
39. Technical Products Corporation
40. Technocraft Industries India Ltd
41. Transworld Global
42. VEEYES Engineering Pvt. Ltd
43. Vishal Shipping Agencies Pvt. Ltd
44. Yusen Logistics (India) Pvt. Ltd
[FR Doc. 2021-18367 Filed 8-25-21; 8:45 am]
BILLING CODE 3510-DS-P