Finished Carbon Steel Flanges From India: Preliminary Results of Countervailing Duty Administrative Review; 2019, 50032-50034 [2021-19189]
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50032
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
Dated: August 31, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
the companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of this review (except, if the rate
is zero or de minimis, then a cash
deposit rate of zero will be established
for that company); (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have separate rates, the cash
deposit rate will continue to be equal to
the exporter-specific weighted-average
dumping margin published of the most
recently-completed segment of this
proceeding; (3) for all Chinese exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for China-wide entity, 76.46
percent; and (4) for all exporters of
subject merchandise which are not
located in China and which are not
eligible for a separate rate, the cash
deposit rate will be the rate applicable
to Chinese exporter(s) that supplied that
non-Chinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
sradovich on DSKJLST7X2PROD with NOTICES
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
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 and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 19 CFR 351.221(b)(4).
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00:30 Sep 04, 2021
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Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Affiliation and Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–19259 Filed 9–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–872]
Finished Carbon Steel Flanges From
India: Preliminary Results of
Countervailing Duty Administrative
Review; 2019
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Norma (India) Ltd. (Norma) and
R.N. Gupta & Co. Ltd. (RNG) received
countervailable subsidies during the
period of review (POR), January 1, 2019,
through December 31, 2019. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Moses Song or Natasia Harrison, 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) 482–7885 or (202) 482–1240,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On August 24, 2017, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
finished carbon steel flanges (steel
flanges) from India.1 On August 4, 2020,
Commerce published a notice of
opportunity to request an administrative
review of the Order.2 On August 31,
1 See Finished Carbon Steel Flanges from India:
Countervailing Duty Order, 82 FR 40138 (August
24, 2017) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
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2020, Weldbend Corporation and Boltex
Mfg. Co., L.P. (the petitioners),
requested a review of 38 producers and/
or exporters of subject merchandise.3
Further, between August 27, 2020, and
August 31, 2020, Norma,4 RNG, Bebitz
Flanges Works Private Limited, Munish
Forge Private Limited, Balkrishna Steel
Forge Pvt. Ltd., Jai Auto Pvt. Ltd., and
Aditya Forge Limited, foreign producers
or exporters of subject merchandise,
each requested a review of the Order
with respect to themselves.5 On October
6, 2020, Commerce published a notice
of initiation of an administrative review
of the Order.6 Based on our examination
of the Customs and Border Protection
(CBP) data, on November 20, 2020, we
selected Norma and RNG, the two
largest producers and/or exporters, as
mandatory respondents.7
On April 19, 2021, Commerce
extended the time period for issuing
these preliminary results by 120 days, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), to August 31, 2021.8 For a
complete description of the events that
followed the initiation of this review,
to Request Administrative Review, 85 FR 47167
(August 4, 2020).
3 See Petitioners’ Letter, ‘‘Finished Carbon Steel
Flanges from India: Request for Administrative
Review,’’ dated August 31, 2020.
4 We note that Norma requested a review of itself
and its affiliates USK Export Private Limited; Uma
Shanker Khandelwal and Co.; and Bansidhar
Chiranjilal.
5 See Norma’s Letter, ‘‘Finished Carbon Steel
Flanges from India: Request for entry of appearance
in the Countervailing Duty Administrative Review
for Norma (India) Limited, USK Export Private
Limited, Umashanker Khandelwal and Co. and
Bansidhar Chiranjilal.,’’ dated August 27, 2020; see
also RNG’s Letter, ‘‘Finished Carbon Steel Flanges
from India: Request for Countervailing Duty
Administrative Review,’’ August 28, 2020; Bebitz
Flanges Works Private Limited’s Letter, ‘‘Finished
Carbon Steel Flanges from India: Requests for
Administrative Review,’’ dated August 28, 2020;
Munish Forge Private Limited’s Letter, ‘‘Finished
Carbon Steel Flanges from India: Request for
Counter Vailing Duty Administrative Review,’’
dated August 27, 2020; Balkrishna Steel Forge Pvt.
Ltd.’s Letter, ‘‘Carbon Steel Flanges from India,
Antidumping & Countervailing Duty,’’ dated August
31, 2020; Jai Auto Pvt. Ltd.’s Letter, ‘‘Request for
review of Countervailing Duty Administrative
Review of Finished Carbon Steel Flanges from
India,’’ dated August 31, 2020; and Aditya Forge
Limited’s Letter, ‘‘Request for review of
Countervailing Duty Administrative Review of
Finished Carbon steel Flanges from India,’’ dated
August 31, 2020.
6 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63081, 63092–63093 (October 6, 2020).
7 See Memorandum, ‘‘Countervailing Duty
Administrative Review of Finished Carbon Steel
Flanges from India: Respondent Selection,’’ dated
November 20, 2020.
8 See Memorandum, ‘‘Finished Carbon Steel
Flanges from India: Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review; 2019,’’ dated April 19,
2021.
07SEN1
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
see the Preliminary Decision
Memorandum.9 A list of topics
discussed in the Preliminary Decision
Memorandum is included at Appendix
I to this notice. 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
at https://enforcement.trade.gov/frn/.
RNG using publicly ranged sales data
submitted by the respondents.12
instructions, when imposed, shall
remain in effect until further notice.
Preliminary Results of Review
In accordance with 19 CFR
351.221(b)(4)(i), we calculated
individual subsidy rates for Norma and
RNG. For the period January 1, 2019,
through December 31, 2019, we
preliminarily determine that the
following net countervailable subsidy
rates exist:
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of these preliminary
results.14 Interested parties may submit
written comments (case briefs) within
30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within seven
days 15 after the time limit for filing case
briefs.16 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.17 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.18
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance using
Enforcement and Compliance’s ACCESS
system within 30 days of the
publication of this notice.19 Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants, whether any
participant is a foreign national; and (3)
a list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.20 Issues
addressed during the hearing will be
limited to those raised in the respective
case and rebuttal briefs.21 Parties should
confirm by telephone the date and time
of the hearing two days before the
scheduled date.
Parties are reminded that all briefs
and hearing requests must be filed
electronically using ACCESS and
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
Subsidy
rate
(percent
ad
valorem)
Company
Scope of the Order
Norma (India) Ltd.13 ...................
R.N. Gupta & Co. Ltd .................
Companies Not Selected for Individual Examination (see Appendix II) .................................
The merchandise covered by the
Order is steel flanges. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Act. For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.10
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that a
respondent did not act to the best of its
ability to respond to Commerce’s
requests for information, Commerce
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.11 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Companies Not Selected for Individual
Review
For the companies not selected for
individual review, because the rates
calculated for Norma and RNG were
above de minimis and not based entirely
on facts available, we applied a subsidy
rate based on a weighted-average of the
subsidy rates calculated for Norma and
5.25
5.51
5.41
Assessment Rate
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
results, Commerce shall determine, and
CBP shall assess, CVDs on all
appropriate entries covered by this
review. We intend 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. 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 Rate
Pursuant to section 751(a)(1) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
CVDs in the amount 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 nonreviewed firms, we will instruct CBP to
continue to collect cash deposits of
estimated CVDs at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
14 See
19 CFR 351.224(b).
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
16 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also 19 CFR 351.303 (for general filing
requirements).
17 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
18 See Temporary Rule.
19 See 19 CFR 351.310(c).
20 See 19 CFR 351.310.
21 See 19 CFR 351.310(c).
sradovich on DSKJLST7X2PROD with NOTICES
15 See
9 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Finished Carbon Steel
Flanges from India; 2019,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
10 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.
11 See sections 776(a) and (b) of the Act.
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00:30 Sep 04, 2021
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50033
12 See Memorandum, ‘‘Preliminary Results
Calculation of Subsidy Rate for Non-Selected
Companies Under Review,’’ dated August 31, 2021.
13 In the investigation, Commerce found the
following companies to be cross-owned with Norma
(India) Ltd.: USK Export Private Limited; Uma
Shanker Khandelwal and Co.; and Bansidhar
Chiranjilal. See Preliminary Decision Memorandum
at 6; this finding is unchanged in these preliminary
results. This rate applies to all cross-owned
companies.
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07SEN1
50034
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Subsidies Valuation Information
VI. Benchmark Interest Rates and Discount
Rates
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Analysis of Programs
IX. Rate for Non-Examined Companies
X. Recommendation
Appendix II
sradovich on DSKJLST7X2PROD with NOTICES
Companies Not Selected for Individual
Examination
1. Adinath International
2. Aditya Forge Limited
3. Allena Group
4. Alloyed Steel
5. Balkrishna Steel Forge Pvt. Ltd.
6. Bebitz Flanges Works Private Limited
7. C.D. Industries
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private
Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. Mascot Metal Manufacturers
20. M F Rings and Bearing Races Ltd.
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works
24. Raaj Sagar Steels
25. Ravi Ratan Metal Industries
26. R. D. Forge
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components
and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge Pvt. Ltd.
00:30 Sep 04, 2021
Jkt 253001
[FR Doc. 2021–19189 Filed 9–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Notification to Interested Parties
VerDate Sep<11>2014
36. Umashanker Khandelwal Forging Limited
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping duty (AD) and
countervailing duty (CVD) orders and
findings with July anniversary dates. In
accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders and
findings with July anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify Commerce
within 30 days of publication of this
notice in the Federal Register. All
submissions must be filed electronically
at https://access.trade.gov, in
accordance with 19 CFR 351.303.1 Such
submissions are subject to verification,
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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on every party on Commerce’s service
list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this AD proceeding
(e.g., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to this review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to (a)
identify which companies subject to
review previously were collapsed, and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
07SEN1
Agencies
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50032-50034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19189]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-872]
Finished Carbon Steel Flanges From India: Preliminary Results of
Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Norma (India) Ltd. (Norma) and R.N. Gupta & Co. Ltd. (RNG)
received countervailable subsidies during the period of review (POR),
January 1, 2019, through December 31, 2019. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Moses Song or Natasia Harrison, 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) 482-7885 or (202) 482-1240,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 24, 2017, Commerce published in the Federal Register the
countervailing duty (CVD) order on finished carbon steel flanges (steel
flanges) from India.\1\ On August 4, 2020, Commerce published a notice
of opportunity to request an administrative review of the Order.\2\ On
August 31, 2020, Weldbend Corporation and Boltex Mfg. Co., L.P. (the
petitioners), requested a review of 38 producers and/or exporters of
subject merchandise.\3\ Further, between August 27, 2020, and August
31, 2020, Norma,\4\ RNG, Bebitz Flanges Works Private Limited, Munish
Forge Private Limited, Balkrishna Steel Forge Pvt. Ltd., Jai Auto Pvt.
Ltd., and Aditya Forge Limited, foreign producers or exporters of
subject merchandise, each requested a review of the Order with respect
to themselves.\5\ On October 6, 2020, Commerce published a notice of
initiation of an administrative review of the Order.\6\ Based on our
examination of the Customs and Border Protection (CBP) data, on
November 20, 2020, we selected Norma and RNG, the two largest producers
and/or exporters, as mandatory respondents.\7\
---------------------------------------------------------------------------
\1\ See Finished Carbon Steel Flanges from India: Countervailing
Duty Order, 82 FR 40138 (August 24, 2017) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 47167 (August 4, 2020).
\3\ See Petitioners' Letter, ``Finished Carbon Steel Flanges
from India: Request for Administrative Review,'' dated August 31,
2020.
\4\ We note that Norma requested a review of itself and its
affiliates USK Export Private Limited; Uma Shanker Khandelwal and
Co.; and Bansidhar Chiranjilal.
\5\ See Norma's Letter, ``Finished Carbon Steel Flanges from
India: Request for entry of appearance in the Countervailing Duty
Administrative Review for Norma (India) Limited, USK Export Private
Limited, Umashanker Khandelwal and Co. and Bansidhar Chiranjilal.,''
dated August 27, 2020; see also RNG's Letter, ``Finished Carbon
Steel Flanges from India: Request for Countervailing Duty
Administrative Review,'' August 28, 2020; Bebitz Flanges Works
Private Limited's Letter, ``Finished Carbon Steel Flanges from
India: Requests for Administrative Review,'' dated August 28, 2020;
Munish Forge Private Limited's Letter, ``Finished Carbon Steel
Flanges from India: Request for Counter Vailing Duty Administrative
Review,'' dated August 27, 2020; Balkrishna Steel Forge Pvt. Ltd.'s
Letter, ``Carbon Steel Flanges from India, Antidumping &
Countervailing Duty,'' dated August 31, 2020; Jai Auto Pvt. Ltd.'s
Letter, ``Request for review of Countervailing Duty Administrative
Review of Finished Carbon Steel Flanges from India,'' dated August
31, 2020; and Aditya Forge Limited's Letter, ``Request for review of
Countervailing Duty Administrative Review of Finished Carbon steel
Flanges from India,'' dated August 31, 2020.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081, 63092-63093 (October 6, 2020).
\7\ See Memorandum, ``Countervailing Duty Administrative Review
of Finished Carbon Steel Flanges from India: Respondent Selection,''
dated November 20, 2020.
---------------------------------------------------------------------------
On April 19, 2021, Commerce extended the time period for issuing
these preliminary results by 120 days, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), to August
31, 2021.\8\ For a complete description of the events that followed the
initiation of this review,
[[Page 50033]]
see the Preliminary Decision Memorandum.\9\ A list of topics discussed
in the Preliminary Decision Memorandum is included at Appendix I to
this notice. 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 at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Finished Carbon Steel Flanges from India:
Extension of Deadline for Preliminary Results of Countervailing Duty
Administrative Review; 2019,'' dated April 19, 2021.
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Finished
Carbon Steel Flanges from India; 2019,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is steel flanges. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy,
i.e., a government-provided financial contribution that gives rise to a
benefit to the recipient, and that the subsidy is specific.\10\
---------------------------------------------------------------------------
\10\ 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.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that a respondent did not act
to the best of its ability to respond to Commerce's requests for
information, Commerce drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\11\ For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
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\11\ See sections 776(a) and (b) of the Act.
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Companies Not Selected for Individual Review
For the companies not selected for individual review, because the
rates calculated for Norma and RNG were above de minimis and not based
entirely on facts available, we applied a subsidy rate based on a
weighted-average of the subsidy rates calculated for Norma and RNG
using publicly ranged sales data submitted by the respondents.\12\
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\12\ See Memorandum, ``Preliminary Results Calculation of
Subsidy Rate for Non-Selected Companies Under Review,'' dated August
31, 2021.
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Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated
individual subsidy rates for Norma and RNG. For the period January 1,
2019, through December 31, 2019, we preliminarily determine that the
following net countervailable subsidy rates exist:
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\13\ In the investigation, Commerce found the following
companies to be cross-owned with Norma (India) Ltd.: USK Export
Private Limited; Uma Shanker Khandelwal and Co.; and Bansidhar
Chiranjilal. See Preliminary Decision Memorandum at 6; this finding
is unchanged in these preliminary results. This rate applies to all
cross-owned companies.
------------------------------------------------------------------------
Subsidy
rate
Company (percent
ad
valorem)
------------------------------------------------------------------------
Norma (India) Ltd.\13\...................................... 5.25
R.N. Gupta & Co. Ltd........................................ 5.51
Companies Not Selected for Individual Examination (see 5.41
Appendix II)...............................................
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Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and CBP shall assess, CVDs
on all appropriate entries covered by this review. We intend 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. 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 Rate
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated CVDs in the amount
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 CVDs 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.
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\14\ Interested
parties may submit written comments (case briefs) within 30 days of
publication of the preliminary results and rebuttal comments (rebuttal
briefs) within seven days \15\ after the time limit for filing case
briefs.\16\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\17\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\18\
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\14\ See 19 CFR 351.224(b).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
\16\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\17\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\18\ See Temporary Rule.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system within 30
days of the publication of this notice.\19\ Requests should contain:
(1) The party's name, address, and telephone number; (2) the number of
participants, whether any participant is a foreign national; and (3) a
list of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined.\20\ Issues addressed during the hearing will be limited to
those raised in the respective case and rebuttal briefs.\21\ Parties
should confirm by telephone the date and time of the hearing two days
before the scheduled date.
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\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310.
\21\ See 19 CFR 351.310(c).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5 p.m. Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final
[[Page 50034]]
results of this administrative review, including the results of our
analysis of the issues raised by the parties in their comments, within
120 days after publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Subsidies Valuation Information
VI. Benchmark Interest Rates and Discount Rates
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Rate for Non-Examined Companies
X. Recommendation
Appendix II
Companies Not Selected for Individual Examination
1. Adinath International
2. Aditya Forge Limited
3. Allena Group
4. Alloyed Steel
5. Balkrishna Steel Forge Pvt. Ltd.
6. Bebitz Flanges Works Private Limited
7. C.D. Industries
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. Mascot Metal Manufacturers
20. M F Rings and Bearing Races Ltd.
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works
24. Raaj Sagar Steels
25. Ravi Ratan Metal Industries
26. R. D. Forge
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge Pvt. Ltd.
36. Umashanker Khandelwal Forging Limited
[FR Doc. 2021-19189 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P