Finished Carbon Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 50048-50050 [2021-19256]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50048-50050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19256]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-871]


Finished Carbon Steel Flanges From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
producers/exporters of finished carbon steel flanges from India 
(flanges), including R.N. Gupta & Co. (Gupta) and the Norma Group sold 
subject merchandise at prices below normal value (NV) during the period 
of review (POR) August 1, 2019, through July 31, 2020.

DATES: Applicable September 7, 2021.

FOR FURTHER INFORMATION CONTACT: Fred Baker, George McMahon, or 
Margaret Collins, 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) 482-2924, (202) 482-1167, or (202) 482-6250, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 4, 2020, we published in the Federal Register a notice of 
opportunity to request an administrative review of the antidumping duty 
order on flanges from India, for the period August 1, 2019, through 
July 31, 2020.\1\ Subsequently, Commerce received timely requests for 
an administrative review from the petitioners,\2\ Gupta, the Norma 
Group, Bebitz Flanges Works Private Limited (Bebitz), Jai Auto Pvt. 
Ltd. of India (Jai Auto), Munish Forge Private Limited, Balkrishna 
Steel Forge Pvt. Ltd., and Aditya Forge Ltd.\3\ On October 6, 2020, 
Commerce initiated an administrative review of the Order with respect 
to 41 companies.\4\ On November 12, 2020, Commerce selected Gupta and 
the Norma Group \5\ as the mandatory respondents for this review.\6\ On 
April 27, 2021, Commerce extended the deadline for the preliminary 
results of this review until August 31, 2021.\7\ For a complete 
description of the events that followed the initiation of this review,

[[Page 50049]]

see the Preliminary Decision Memorandum.\8\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 47167 (August 4, 2020); see also Finished Carbon Steel 
Flanges from India and Italy: Antidumping Duty Orders, 82 FR 40136 
(August 24, 2017) (Order).
    \2\ The petitioners are Weldbend Corporation and Boltex 
Manufacturing Co., L.P. (collectively, the petitioners).
    \3\ See Petitioners' Letter, ``Request for Administrative 
Review,'' dated August 31, 2020; see also Gupta's Letter, ``Finished 
Carbon Steel Flanges from India: Request for Anti-Dumping Duty 
Administrative Review,'' dated August 28, 2020; Norma Group's 
Letter, ``Request for Entry of Appearance in the Anti-Dumping Duty 
Administrative Review for Norma (India) Limited, USK Export Private 
Limited, Umashanker Khandelwal and Co. and Bansidhar Chiranjilal,'' 
dated August 27, 2020; Bebitz's Letter, ``Finished Carbon Steel 
Flanges from India: Requests for Administrative Review,'' dated 
August 28, 2020; Jai Auto's Letter, ``Request for Anti-Dumping Duty 
Administrative Review of Finished Carbon Steel Flanges from India,'' 
dated August 31, 2020; Munish Forge Private Limited's Letter, 
``Finished Carbon Steel Flanges from India: Request for Anti-Dumping 
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; and 
Aditya Forge Ltd.'s Letter, ``Request for Anti-Dumping Duty 
Administrative Review of Finished Carbon Steel Flanges from India,'' 
dated August 31, 2020.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020).
    \5\ In prior segments of this proceeding, we determined that 
Norma (India) Limited; USK Exports Private Limited; Uma Shanker 
Khandelwal & Co.; and Bansidhar Chiranjilal should be collapsed and 
treated as a single entity (the Norma Group). See Finished Carbon 
Steel Flanges from India: Preliminary Determination of Sales at Less 
Than Fair Value and Postponement of Final Determination, 82 FR 9719 
(February 8, 2017) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum at 4-5, unchanged in Finished Carbon 
Steel Flanges from India: Final Determination of Sales at Less Than 
Fair Value, 82 FR 29483 (June 29, 2017) (Final Determination); 
Finished Carbon Steel Flanges from India: Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018, 84 FR 57848, 
57849 (October 29, 2019), unchanged in Finished Carbon Steel Flanges 
from India: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 85 FR 21391 (April 17, 2020); Finished Carbon Steel 
Flanges from India: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2018-2019, 85 FR 83051, 83052 (December 21, 2020), unchanged in 
Finished Carbon Steel Flanges from India: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2018-2019, 86 FR 33226 (June 24, 2021). In this review, 
the Norma Group presented evidence that the factual basis on which 
Commerce made its prior determination has not changed. See Norma 
Group's Letter, ``Finished Carbon Steel Flanges from India: Response 
to Section A-D of Antidumping Duty Supplemental Questionnaire,'' 
dated August 11, 2021 at S1-2-S1-8. Therefore, in this 
administrative review, Commerce continues to collapse and treat 
these four companies as a single entity.
    \6\ See Memorandum, ``Antidumping Duty Administrative Review of 
Finished Carbon Steel Flanges from India: Respondent Selection,'' 
dated November 12, 2020.
    \7\ See Memorandum, ``Antidumping Duty Order on Finished Carbon 
Steel Flanges from India: Extension of Preliminary Results of 
Antidumping Duty Administrative Review; 2019-2020,'' dated April 27, 
2021.
    \8\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Finished Carbon 
Steel Flanges from India; 2019-2020,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is finished carbon steel 
flanges from India. The product is currently classified under 
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff 
System of the United States (HTSUS). Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of merchandise subject to the scope is dispositive.\9\
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    \9\ For a complete description of the scope of the Order, see 
the Preliminary Decision Memorandum.
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Rate for Non-Selected Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Tariff Act 
of 1930, as amended (the Act). Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a market economy investigation, for guidance when 
calculating the rate for companies which were not selected for 
individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount 
equal to the weighted average of the estimated weighted average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .''
    We preliminarily calculated a 0.77 percent dumping margin for Gupta 
and a 4.38 percent dumping margin for the Norma Group, the mandatory 
respondents in this review, and we have assigned to the non-selected 
companies a rate of 2.25 percent, which is the weighted-average of 
Gupta's and the Norma Group's margins based on public data.\10\ For 
additional information, see the Preliminary Decision Memorandum. 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 at https://enforcement.trade.gov/frn/. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as Appendix I to this notice.
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    \10\ See, e.g., Xanthan Gum from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review, 
and Partial Rescission; 2018-2019, 85 FR 75686, 74687 (November 23, 
2020); Albemarle Corp. v. United States, 821 F. 3d 1345 (Fed. Cir. 
2016); Emulsion Styrene-Butadiene Rubber from the Republic of Korea: 
Preliminary Results of the Administrative Review of the Antidumping 
Duty Order; 2018-2019, 85 FR 39534 (July 1, 2020); and Memorandum, 
``Preliminary Results of the Antidumping Duty Administrative Review 
of Finished Carbon Steel Flanges from India: Calculation of Margin 
for Respondents Not Selected for Individual Examination,'' dated 
August 31, 2021.
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act and NV is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    As a result of this review, Commerce preliminarily determines that 
the following weighted-average dumping margins exist for the period 
August 1, 2019, through July 31, 2020:
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    \11\ See Appendix II for a full list of non-selected companies.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                   Producers/exporters                    dumping margin
                                                             (percent)
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R. N. Gupta & Co., Ltd..................................            0.77
Norma (India) Limited/USK Exports Private Limited/Uma               4.38
 Shanker Khandelwal & Co./Bansidhar Chiranjilal.........
Non-Selected Companies \11\.............................            2.25
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice, in accordance with 
19 CFR 351.224(b).
    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\12\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than seven days after the date for filing case briefs.\13\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020).
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    All submissions to Commerce must be filed electronically using 
ACCESS, and must also be served on interested parties.\14\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time on the date that the document is due.
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    \14\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS within 30 days of publication of this notice.\15\ Requests 
should contain: (1) The party's name, address, and telephone number; 
(2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs.
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    \15\ See 19 CFR 351.310(c).
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    Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.213(h)(2), Commerce intends to issue the final results of this 
administrative review, including the results of its analysis of issues 
raised in any written briefs, not later than 120 days after the date of 
publication of this notice, unless extended.\16\
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    \16\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h).
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\17\
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    \17\ See 19 CFR 351.212(b)(1).
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    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., greater than or equal to 0.5 
percent) in the final results of this review, we will calculate 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of antidumping duties calculated for the examined 
sales to the total entered value of the examined sales to that 
importer, and we will instruct CBP to assess antidumping duties on all

[[Page 50050]]

appropriate entries covered by this review. For entries of subject 
merchandise during the POR produced by each respondent for which it did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\18\ Where either the individually-selected respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \18\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section. The final results 
of this review shall be the basis for the assessment of antidumping 
duties on entries of merchandise covered by this review where 
applicable.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. 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

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for the companies under review will be the rate established in the 
final results of this review, except if the rate is de minimis within 
the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in 
which case the cash deposit rate will be zero; (2) for merchandise 
exported by manufacturers or exporters not covered in this review but 
covered in 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; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recently completed segment for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 8.91 percent, the all-others rate 
established in the less-than-fair-value investigation.\19\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \19\ See Order, 82 FR at 40138.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping 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 351.221(b)(4).

    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. Rates for Non-Examined Companies
V. Discussion of the Methodology
VI. Recommendation

Appendix II

Companies Not Selected for Individual Examination

Adinath International
Aditya Forge Limited
Allena Group
Alloyed Steel
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Private Limited
C.D. Industries
CHW Forge
CHW Forge Pvt. Ltd
Citizen Metal Depot
Corum Flange
DN Forge Industries
Echjay Forgings Limited
Falcon Valves and Flanges Private Limited
Heubach International
Hindon Forge Pvt. Ltd.
Jai Auto Pvt. Ltd.
Kinnari Steel Corporation
Mascot Metal Manufacturers
M F Rings and Bearing Races Ltd.
Munish Forge Private Limited
OM Exports
Punjab Steel Works
Raaj Sagar Steels
Ravi Ratan Metal Industries
R. D. Forge
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Engineering Components and Flanges
Rollwell Forge Pvt. Ltd.
SHM (ShinHeung Machinery)
Siddhagiri Metal & Tubes
Sizer India
Steel Shape India
Sudhir Forgings Pvt. Ltd.
Tirupati Forge Pvt. Ltd.
Umashanker Khandelwal Forging Limited

[FR Doc. 2021-19256 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P