Stainless Steel Flanges From India: Final Results of Countervailing Duty Administrative Review; 2018, 47623-47624 [2021-18413]

Download as PDF Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices DEPARTMENT OF COMMERCE International Trade Administration [C–533–878] Stainless Steel Flanges From India: Final Results of Countervailing Duty Administrative Review; 2018 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of stainless steel flanges (steel flanges) from India during the period of review, January 23, 2018, through December 31, 2018. DATES: Applicable August 26, 2021. FOR FURTHER INFORMATION CONTACT: Eliza Siordia, 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) 482–3878. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published the Preliminary Results of this review on February 24, 2021.1 On June 2, 2021, Commerce extended the deadline for the final results by 177 days. The deadline for the final results of this review is now August 20, 2021. For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 Scope of the Order The products covered by this order are stainless steel flanges from India. For a complete description of the scope of the order, see the Issues and Decision Memorandum. Analysis of Comments Received jbell on DSKJLSW7X2PROD with NOTICES All issues raised in interested parties’ briefs are addressed in the Issues and Decision Memorandum. A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum is provided in Appendix I to this notice. The Issues and Decision Memorandum is a public 1 See Stainless Steel Flanges from India: Preliminary Results of Countervailing Duty Administrative Review; 2018, 86 FR 11231 (February 24, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2018 Administrative Review of the Countervailing Duty Order on Stainless Steel Flanges from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:30 Aug 25, 2021 Jkt 253001 47623 document and is on file electronically Subsidy rate Company (percent via Enforcement and Compliance’s ad valorem) Antidumping and Countervailing Duty Centralized Electronic Service System Chandan Steel Limited ......... 4.15 (ACCESS). ACCESS is available to Kisaan Die Tech Pvt Ltd ...... 4.51 registered users at http:// Non-Selected Companies access.trade.gov. In addition, a complete Under Review 5 ................. 4.22 version of the Issues and Decision Memorandum can be accessed directly Disclosure at http://enforcement.trade.gov/frn/ Normally, Commerce discloses to index.html. interested parties the calculations Changes Since the Preliminary Results performed in connection with a final results within five days of any public After evaluating the comments announcement or, if there is no public received from interested parties and announcement, within five days of the record information, we have made no date of publication of the notice of final changes to the net subsidy rate determination in the Federal Register, calculated for Chandan Steel Limited in accordance with 19 CFR 351.224(b). (Chandan) or Kisaan Die Tech Pvt Ltd. However, because there are no changes (Kisaan). For a discussion of these from the Preliminary Results, there are comments, see the Issues and Decision no new calculations to disclose. Memorandum. Assessment Rate Methodology Consistent with section 751(a)(2)(C) of Commerce is conducting this review the Act, upon issuance of the final in accordance with section 751(a)(l)(A) results, Commerce shall determine, and of the Tariff Act of 1930, as amended U.S. Customs and Border Protection (the Act). For each of the subsidy (CBP) shall assess, countervailing duties programs found countervailable, we on all appropriate entries covered by find that there is a subsidy, i.e., a this review. Commerce intends to issue financial contribution from a appropriate assessment instructions to government or public entity that gives CBP no earlier than 35 days after rise to a benefit to the recipient, and the publication of these final results. If a subsidy is specific.3 For a full timely summons is filed at the U.S. description of the methodology Court of International Trade, the assessment instructions will direct CBP underlying our conclusions, see the not to liquidate relevant entries until the Issues and Decision Memorandum. time for parties to file a request for a Companies Not Selected for Individual statutory injunction has expired (i.e., Review within 90 days of publication). For the companies not selected for Cash Deposit Requirements individual review, because the rates Pursuant to section 751(a)(1) of the calculated for Chandan and Kisaan are above de minimis and not based entirely Act, Commerce intends to instruct CBP on facts available, we applied a subsidy to collect cash deposits of estimated countervailing duties in the amounts rate based on the weighted-average of the subsidy rates calculated for Chandan indicated above with regard to shipments of subject merchandise and Kisaan using publicly ranged sales 4 data submitted by the respondents. We entered, or withdrawn from warehouse, for consumption on or after the date of have made no changes to the subsidy publication of the final results of this rate calculated for companies not review. For all non-reviewed firms, we selected for individual review. will instruct CBP to continue to collect Final Results of Administrative Review cash deposits of estimated countervailing duties at the most recent In accordance with section company-specific or all-others rate 751(a)(1)(A) of the Act and 19 CFR applicable to the company, as 351.221(b)(5), we determine the total appropriate. These cash deposit estimated net countervailable subsidy instructions, when imposed, shall rates for the period January 23, 2018, remain in effect until further notice. through December 31, 2018 to be as Administrative Protective Order follows: This notice also serves as a final 3 See sections 771(5)(B) and (D) of the Act reminder to parties subject to an regarding financial contribution; section 771(5)(E) administrative protective order (APO) of of the Act regarding benefit; and section 771(5A) of their responsibility concerning the the Act regarding specificity. 4 See Memorandum, ‘‘Calculation of Subsidy Rate for Non-Selected Companies Under Review,’’ dated February 17, 2021. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 5 See Appendix II for a list of the companies not selected for individual examination. E:\FR\FM\26AUN1.SGM 26AUN1 47624 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices 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 proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). 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. Changes Since the Preliminary Results V. Subsidies Valuation Information VI. Use of Facts Otherwise Available and Application of Adverse Inferences VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether Commerce Should Apply Total Adverse Facts Available (AFA) to Kisaan Comment 2: Whether Commerce Should Countervail the Provision of Stainless Steel, Billet, and Bar by Steel Authority of India Ltd. (SAIL) for Less Than Adequate Renumeration (LTAR) Program for Kisaan Comment 3: Whether Commerce Should Countervail the Advance Authorization Program (AAP)/Advance License Program (ALP) Scheme for Chandan IX. Recommendation jbell on DSKJLSW7X2PROD with NOTICES Appendix II List of Non-Selected Companies Arien Global Armstrong International Pvt. Ltd. Avinimetal Balkrishna Steel Forge Pvt. Ltd. Bebitz Flanges Works Private Limited also known as Bebitz Flanges Works Bee Gee Enterprises Bsl Freight Solutions Pvt., Ltd. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd). Cipriani Harrison Valves Pvt. Ltd. CTL Logistics (India) Pvt. Ltd. Echjay Forgings Private Limited Fivebros Forgings Pvt. Ltd. Fluid Controls Pvt. Ltd. Geodis Oversea Pvt., Ltd. Globelink WW India Pvt., Ltd. Goodluck India Ltd. Hilton Metal Forging Limited Jai Auto Pvt. Ltd. VerDate Sep<11>2014 17:30 Aug 25, 2021 Jkt 253001 JAY JAGDAMBA FORGINGS PRIVATE LIMITED Jay Jagdamba Ltd. JAY JAGDAMBA LIMITED JAY JAGDAMBA PROFILE PRIVATE LIMITED Kunj Forgings Pvt. Ltd. Montane Shipping Pvt., Ltd. Noble Shipping Pvt. Ltd. Paramount Forge Pashupati Tradex Pvt., Ltd. Peekay Steel Castings Pvt. Ltd. Pradeep Metals Limited Pradeep Metals Ltd. R D Forge Pvt., Ltd. Rolex Fittings India Pvt. Ltd. Rollwell Forge Pvt. Ltd. Safewater Lines (I) Pvt. Ltd. Saini Flange Pvt. Ltd. SAR Transport Systems Shilpan Steelcast Pvt. Ltd. SHREE JAY JAGDAMBA FLANGES PRIVATE LIMITED Shree Jay Jagdamba Flanges Pvt. Ltd. Teamglobal Logistics Pvt. Ltd. Technical Products Corporation Technocraft Industries India Ltd. Transworld Global VEEYES Engineering Pvt. Ltd. Vishal Shipping Agencies Pvt. Ltd. Yusen Logistics (India) Pvt. Ltd. investigations of raw honey from Argentina, Brazil, India, Ukraine, and Vietnam.1 Currently, the preliminary determinations are due no later than September 28, 2021. Postponement of Preliminary Determination Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or [FR Doc. 2021–18413 Filed 8–25–21; 8:45 am] more before the scheduled date of the BILLING CODE 3510–DS–P preliminary determination and must state the reasons for the request. Commerce will grant the request unless DEPARTMENT OF COMMERCE it finds compelling reasons to deny the International Trade Administration request. On August 17, 2021, the American [A–357–823, A–351–857, A–533–903, A–823– Honey Producers Association and the 820, A–552–833] Sioux Honey Association (collectively, the petitioners) submitted a timely Raw Honey From Argentina, Brazil, request that Commerce postpone the India, Ukraine, and the Socialist Republic of Vietnam: Postponement of preliminary determinations in the LTFV investigations for Argentina, Brazil, Preliminary Determinations in the India, Ukraine, and Vietnam.2 The Less-Than-Fair-Value Investigations petitioners stated that they request AGENCY: Enforcement and Compliance, postponement due to concerns that International Trade Administration, Commerce will need more time to issue Department of Commerce. supplemental questionnaires to address deficiencies in the respondents’ initial DATES: Applicable August 26, 2021. questionnaire responses. Further, the FOR FURTHER INFORMATION CONTACT: Thomas Martin at (202) 482–3936 or Eva petitioners noted that Commerce has not yet determined the cost of production Kim at (202) 482–8283 (Argentina); methodology that it will rely on for Justin Neuman at (202) 482–0486 many of these investigations.3 (Brazil); Brittany Bauer at (202) 482– For the reasons stated above, and 3860 (India); Jasun Moy at (202) 482– because there are no compelling reasons 8194 (Ukraine); and Jonathan Hill at to deny the request, Commerce, in (202) 482–3518 (the Socialist Republic accordance with section 733(c)(1)(A) of of Vietnam (Vietnam)); AD/CVD the Act and 19 CFR 351.205(e), is Operations, Enforcement and postponing the deadline for the Compliance, International Trade Administration, U.S. Department of 1 See Raw Honey from Argentina, Brazil, India, Commerce, 1401 Constitution Avenue Ukraine, and the Socialist Republic of Vietnam: NW, Washington, DC 20230. Initiation of Less-Than-Fair-Value Investigations, 86 FR 26897 (May 18, 2021). SUPPLEMENTARY INFORMATION: Background On May 11, 2021, the Department of Commerce (Commerce) initiated the less-than-fair-value (LTFV) PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 2 See Petitioners’ Letter, ‘‘Raw Honey from Argentina, Brazil, India, Ukraine, and Vietnam— Petitioners’ Request for Postponement of Preliminary Antidumping Determinations,’’ dated August 17, 2021. 3 Id. E:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47623-47624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18413]



[[Page 47623]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-878]


Stainless Steel Flanges From India: Final Results of 
Countervailing Duty Administrative Review; 2018

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of stainless steel flanges (steel flanges) from India during the period 
of review, January 23, 2018, through December 31, 2018.

DATES: Applicable August 26, 2021.

FOR FURTHER INFORMATION CONTACT: Eliza Siordia, 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) 482-3878.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on 
February 24, 2021.\1\ On June 2, 2021, Commerce extended the deadline 
for the final results by 177 days. The deadline for the final results 
of this review is now August 20, 2021. For a complete description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Stainless Steel Flanges from India: Preliminary Results 
of Countervailing Duty Administrative Review; 2018, 86 FR 11231 
(February 24, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018 Administrative Review of the 
Countervailing Duty Order on Stainless Steel Flanges from India,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order are stainless steel flanges from 
India. For a complete description of the scope of the order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues raised by 
interested parties and to which we responded in the Issues and Decision 
Memorandum is provided in Appendix I to this notice. 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 http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    After evaluating the comments received from interested parties and 
record information, we have made no changes to the net subsidy rate 
calculated for Chandan Steel Limited (Chandan) or Kisaan Die Tech Pvt 
Ltd. (Kisaan). For a discussion of these comments, see the Issues and 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a financial contribution from a government or public 
entity that gives rise to a benefit to the recipient, and the subsidy 
is specific.\3\ For a full description of the methodology underlying 
our conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \3\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Companies Not Selected for Individual Review

    For the companies not selected for individual review, because the 
rates calculated for Chandan and Kisaan are above de minimis and not 
based entirely on facts available, we applied a subsidy rate based on 
the weighted-average of the subsidy rates calculated for Chandan and 
Kisaan using publicly ranged sales data submitted by the 
respondents.\4\ We have made no changes to the subsidy rate calculated 
for companies not selected for individual review.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated February 17, 2021.
---------------------------------------------------------------------------

Final Results of Administrative Review

    In accordance with section 751(a)(1)(A) of the Act and 19 CFR 
351.221(b)(5), we determine the total estimated net countervailable 
subsidy rates for the period January 23, 2018, through December 31, 
2018 to be as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Chandan Steel Limited...................................            4.15
Kisaan Die Tech Pvt Ltd.................................            4.51
Non-Selected Companies Under Review \5\.................            4.22
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \5\ See Appendix II for a list of the companies not selected for 
individual examination.
---------------------------------------------------------------------------

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final results within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final determination in 
the Federal Register, in accordance with 19 CFR 351.224(b). However, 
because there are no changes from the Preliminary Results, there are no 
new calculations to disclose.

Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. Commerce intends to issue 
appropriate assessment instructions to CBP no earlier than 35 days 
after publication of these final results. 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).

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts indicated above with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, we will instruct CBP to 
continue to collect cash deposits of estimated countervailing duties at 
the most recent company-specific or all-others rate applicable to the 
company, as appropriate. These cash deposit instructions, when imposed, 
shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the

[[Page 47624]]

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 proceeding. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    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. Changes Since the Preliminary Results
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Total Adverse Facts 
Available (AFA) to Kisaan
    Comment 2: Whether Commerce Should Countervail the Provision of 
Stainless Steel, Billet, and Bar by Steel Authority of India Ltd. 
(SAIL) for Less Than Adequate Renumeration (LTAR) Program for Kisaan
    Comment 3: Whether Commerce Should Countervail the Advance 
Authorization Program (AAP)/Advance License Program (ALP) Scheme for 
Chandan
IX. Recommendation

Appendix II

List of Non-Selected Companies

Arien Global
Armstrong International Pvt. Ltd.
Avinimetal
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Private Limited also known as Bebitz Flanges 
Works
Bee Gee Enterprises
Bsl Freight Solutions Pvt., Ltd.
CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd).
Cipriani Harrison Valves Pvt. Ltd.
CTL Logistics (India) Pvt. Ltd.
Echjay Forgings Private Limited
Fivebros Forgings Pvt. Ltd.
Fluid Controls Pvt. Ltd.
Geodis Oversea Pvt., Ltd.
Globelink WW India Pvt., Ltd.
Goodluck India Ltd.
Hilton Metal Forging Limited
Jai Auto Pvt. Ltd.
JAY JAGDAMBA FORGINGS PRIVATE LIMITED
Jay Jagdamba Ltd.
JAY JAGDAMBA LIMITED
JAY JAGDAMBA PROFILE PRIVATE LIMITED
Kunj Forgings Pvt. Ltd.
Montane Shipping Pvt., Ltd.
Noble Shipping Pvt. Ltd.
Paramount Forge
Pashupati Tradex Pvt., Ltd.
Peekay Steel Castings Pvt. Ltd.
Pradeep Metals Limited
Pradeep Metals Ltd.
R D Forge Pvt., Ltd.
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Pvt. Ltd.
Safewater Lines (I) Pvt. Ltd.
Saini Flange Pvt. Ltd.
SAR Transport Systems
Shilpan Steelcast Pvt. Ltd.
SHREE JAY JAGDAMBA FLANGES PRIVATE LIMITED
Shree Jay Jagdamba Flanges Pvt. Ltd.
Teamglobal Logistics Pvt. Ltd.
Technical Products Corporation
Technocraft Industries India Ltd.
Transworld Global
VEEYES Engineering Pvt. Ltd.
Vishal Shipping Agencies Pvt. Ltd.
Yusen Logistics (India) Pvt. Ltd.

[FR Doc. 2021-18413 Filed 8-25-21; 8:45 am]
BILLING CODE 3510-DS-P