Stainless Steel Flanges From India: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination, 50325-50326 [2021-19442]

Download as PDF Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices DEPARTMENT OF COMMERCE INTERNATIONAL TRADE ADMINISTRATION [A–821–831] Investigation of Urea Ammonium Nitrate Solutions From the Russian Federation: Notice of Extension of Due Date for the Submission of Comments on the Russian Federation’s Status as a Market Economy Country Under the Antidumping Duty Laws Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has granted a three-day extension of the deadline to submit comments on the Russian Federation’s (Russia) status as a market economy (ME) country. Accordingly, the deadline to submit such comments, for all interested parties, is now no later than the close of business (i.e., 5 p.m. Eastern Time) on September 10, 2021. DATES: Applicable September 8, 2021. FOR FURTHER INFORMATION CONTACT: Leah Wils-Owens, Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4203. SUPPLEMENTARY INFORMATION: On July 30, 2021, Commerce published in the Federal Register the notice Investigation of Urea Ammonium Nitrate Solutions From the Russian Federation: Opportunity to Comment on the Russian Federation’s Status as a Market Economy Country Under the Antidumping Duty Laws, 86 FR 41008 (July 30, 2021). In that notice, Commerce announced that it is seeking public comment and information with respect to whether to continue to treat Russia as a ME country for purposes of the antidumping duty law, and it invited the public to submit comments by August 30, 2021, on such inquiry. In response to a request to extend the comment period, we extended the due date for the submission of comments to September 7, 2021.1 On September 2, 2021, we received a second request to extend the comment period. In response to this request, we have extended the due date for the submission of comments by three jbell on DSKJLSW7X2PROD with NOTICES AGENCY: 1 See Investigation of Urea Ammonium Nitrate Solutions From the Russian Federation: Notice of Extension of Due Date for the Submission of Comments on the Russian Federation’s Status as a Market Economy Country Under the Antidumping Duty Laws, 86 FR 47625 (August 26, 2021). VerDate Sep<11>2014 17:21 Sep 07, 2021 Jkt 253001 additional days.2 The revised due date for comments is September 10, 2021. Interested parties may submit comments and information at the Federal eRulemaking Portal: www.Regulations.gov. The identification number is ITA–2021–0003. To be assured of consideration, written comments and information must be received no later than September 10, 2021. Dated: September 3, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–19481 Filed 9–7–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–877] Stainless Steel Flanges From India: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 20, 2021, the U.S. Court of International Trade (CIT) issued its final judgment in Echjay Forgings Private Limited v. United States, Consol. Court no. 18–00230, sustaining the Department of Commerce (Commerce)’s remand redetermination pertaining to the antidumping duty (AD) investigation of stainless steel flanges (flanges) from India covering the period of investigation, July 1, 2016, through June 30, 2017. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final determination in that investigation, and that Commerce is amending the final determination and the resulting AD order with respect to the dumping margin assigned to Echjay Forgings Private Limited (Echjay) and the ‘‘all other’’ companies. DATES: Applicable August 30, 2021. FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, 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- 0213. SUPPLEMENTARY INFORMATION: AGENCY: 2 See Memorandum, ‘‘Urea Ammonium Nitrate Solutions from the Russian Federation: Extension of Time to File Comments on Status,’’ dated September 3, 2021. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 50325 Background On August 16, 2018, Commerce published its Final Determination in the AD investigation of flanges from India.1 Commerce found that Echjay, along with Echjay Industries Private Limited (EIPL), Echjay Forgings Industry Private Limited (EFIPL), and Spire Industries Private Limited (Spire), constituted a single entity. Having collapsed the companies, Commerce requested that Echjay provide information on behalf of the constituent companies of the collapsed entity. Echjay did not provide such information. Therefore, Commerce treated Echjay as noncooperative and assigned Echjay a margin based on facts available, with adverse inferences (AFA). Specifically, Commerce assigned Echjay a dumping margin of 145.25 percent and a cash deposit rate of 140.39 percent, accounting for an export subsidy offset based on the parallel countervailing duty (CVD) investigation.2 Commerce subsequently published the AD order on flanges from India.3 Echjay appealed Commerce’s Final Determination. On October 8, 2020, the CIT remanded the Final Determination to Commerce, concluding that Commerce’s finding of affiliation and subsequent decision to collapse Echjay with EIPL, EFIPL and Spire were unsupported by substantial evidence.4 In its remand redetermination, issued in February 2021, Commerce revisited its prior collapsing determination and concluded that it was not appropriate to treat Echjay, EIPL, EFIPL, and Spire as a single entity. As a result, Commerce also revisited its concomitant application of AFA in determining Echjay’s weighted-average dumping margin and calculated a revised dumping margin for the company.5 Finally, in light of Echjay’s revised margin, and the method used in the investigation for determining the allothers rate, we calculated a revised allothers rate of 7.00 percent. The CIT 1 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, 40746 (August 15, 2018) (Final Determination). 2 Id., 83 FR 40746. 3 See Stainless Steel Flanges from India: Antidumping Duty Order, 83 FR 50639 (October 9, 2018). 4 See Echjay Forgings Private Limited v. United States, 475 F. Supp. 3d 1350 (CIT 2020). 5 See Final Results of Redetermination Pursuant to Court Remand, Echjay Forgings Private Limited v. United States, Consol. Court No. 18–00230, Slip Op 20–140 (February 17, 2021). E:\FR\FM\08SEN1.SGM 08SEN1 50326 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices Dated: September 2, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. sustained Commerce’s final redetermination.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s August 20, 2021, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Determination. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination Because there is now a final court judgment, Commerce is amending its Final Determination as follows: Company Echjay Forgings Private Limited ....................... All Others ...................... Dumping margin (%) 4.58 11.87 Cash deposit rate (%) 9 0.00 10 7.00 Cash Deposit Requirements Because there is a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review,11 we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP) for Echjay. Commerce will issue revised all-others cash deposit instructions to CBP. Notification to Interested Parties jbell on DSKJLSW7X2PROD with NOTICES This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. 6 See Echjay Forgings Private Limited v. United States, Consol. Court No. 18–00230, Slip. Op. 21– 105 (CIT August 20, 2021). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 9 Commerce reduced Echjay’s dumping margin by the ad valorem export subsidy rate (4.87 percent) found in the companion CVD investigation. See Final Determination, 83 FR 40746. 10 We calculated this rate by offsetting the weighted-average margin determined for the ‘‘all others’’ companies of 11.87 percent by the export subsidies rate (4.87 percent) found in the companion CVD investigation. 11 See Stainless Steel Flanges from India: Final Results of Antidumping Duty Administrative Review; 2018–2019, 86 FR 47619 (August 26, 2021). VerDate Sep<11>2014 17:21 Sep 07, 2021 Jkt 253001 [FR Doc. 2021–19442 Filed 9–7–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Call for Nominations To Serve on the National Artificial Intelligence Advisory Committee and Call for Nominations To Serve on the Subcommittee on Artificial Intelligence and Law Enforcement National Institute of Standards and Technology, Department of Commerce. ACTION: Call for nominations to serve on the National Artificial Intelligence Advisory Committee and call for nominations to serve on the Subcommittee on Artificial Intelligence and Law Enforcement. AGENCY: The Secretary of Commerce (Secretary), in consultation with the Director of the Office of Science and Technology Policy, the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Attorney General, and the Director of National Intelligence, shall establish the National Artificial Intelligence Advisory Committee (the NAIAC or the Committee) in accordance with the requirements of Section 5104 of the National Artificial Intelligence Initiative Act of 2020, and in accordance with the Federal Advisory Committee Act, as amended. The Committee shall provide advice to the President and the National Artificial Intelligence Initiative Office on matters related to the National Artificial Intelligence Initiative (Initiative). The purposes of the Initiative are: (1) Ensuring continued United States leadership in artificial intelligence research and development; (2) leading the world in the development and use of trustworthy artificial intelligence systems in the public and private sectors; (3) preparing the present and future United States workforce for the integration of artificial intelligence systems across all sectors of the economy and society; and (4) coordinating ongoing artificial intelligence research, development, and demonstration activities among the civilian agencies, the Department of Defense, and the Intelligence Community to ensure that each informs the work of the others. SUMMARY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Nominations to serve on the inaugural Committee and Subcommittee on Artificial Intelligence and Law Enforcement must be submitted by 5:00 p.m. Eastern Time on October 25, 2021. In addition, nominations for the Committee and Subcommittee on Artificial Intelligence and Law Enforcement will be accepted on an ongoing basis and will be considered as and when vacancies arise. Nominations may be submitted to serve on either or both the NAIAC or Subcommittee on Artificial Intelligence and Law Enforcement. DATES: Please submit nominations to Alicia Chambers, Committee Liaison Officer, National Institute of Standards and Technology, 100 Bureau Drive, MS 1000, Gaithersburg, MD 20899 and Melissa Banner, Designated Federal Officer, National Institute of Standards and Technology, 100 Bureau Drive, MS 1000, Gaithersburg, MD 20899. Nominations may also be submitted via email to alicia.chambers@nist.gov and melissa.banner@nist.gov. FOR FURTHER INFORMATION CONTACT: Elham Tabassi, Chief of Staff, Information Technology Laboratory, National Institute of Standards and Technology, 100 Bureau Drive, MS 8940, Gaithersburg, MD 20899. Her email is elham.tabassi@nist.gov. SUPPLEMENTARY INFORMATION: Committee Information: The National Institute of Standards and Technology (NIST or Institute) invites and requests nominations of individuals for appointment to the Committee and to the Subcommittee on Artificial Intelligence and Law Enforcement. Registered Federal lobbyists may not serve on NIST Federal Advisory Committees in an individual capacity. The Secretary of Commerce shall establish the National Artificial Intelligence Advisory Committee (the NAIAC or the Committee) pursuant to Section 5104 of the National Artificial Intelligence Initiative Act of 2020 (Pub. L. 116–283), hereinafter referred to as the Act, and the Federal Advisory Committee Act, as amended (FACA), 5 U.S.C. App. Objectives and Duties: The Committee shall advise the President and the Initiative Office on matters related to the Initiative, including recommendations related to: a. The current state of United States competitiveness and leadership in artificial intelligence, including the scope and scale of United States investments in artificial intelligence research and development in the international context; ADDRESSES: E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50325-50326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19442]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-877]


Stainless Steel Flanges From India: Notice of Court Decision Not 
in Harmony With the Final Determination of Antidumping Investigation; 
Notice of Amended Final Determination

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

SUMMARY: On August 20, 2021, the U.S. Court of International Trade 
(CIT) issued its final judgment in Echjay Forgings Private Limited v. 
United States, Consol. Court no. 18-00230, sustaining the Department of 
Commerce (Commerce)'s remand redetermination pertaining to the 
antidumping duty (AD) investigation of stainless steel flanges 
(flanges) from India covering the period of investigation, July 1, 
2016, through June 30, 2017. Commerce is notifying the public that the 
CIT's final judgment is not in harmony with Commerce's final 
determination in that investigation, and that Commerce is amending the 
final determination and the resulting AD order with respect to the 
dumping margin assigned to Echjay Forgings Private Limited (Echjay) and 
the ``all other'' companies.

DATES: Applicable August 30, 2021.

FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, 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- 0213.

SUPPLEMENTARY INFORMATION:

Background

    On August 16, 2018, Commerce published its Final Determination in 
the AD investigation of flanges from India.\1\ Commerce found that 
Echjay, along with Echjay Industries Private Limited (EIPL), Echjay 
Forgings Industry Private Limited (EFIPL), and Spire Industries Private 
Limited (Spire), constituted a single entity. Having collapsed the 
companies, Commerce requested that Echjay provide information on behalf 
of the constituent companies of the collapsed entity. Echjay did not 
provide such information. Therefore, Commerce treated Echjay as 
noncooperative and assigned Echjay a margin based on facts available, 
with adverse inferences (AFA). Specifically, Commerce assigned Echjay a 
dumping margin of 145.25 percent and a cash deposit rate of 140.39 
percent, accounting for an export subsidy offset based on the parallel 
countervailing duty (CVD) investigation.\2\ Commerce subsequently 
published the AD order on flanges from India.\3\
---------------------------------------------------------------------------

    \1\ 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, 40746 (August 15, 
2018) (Final Determination).
    \2\ Id., 83 FR 40746.
    \3\ See Stainless Steel Flanges from India: Antidumping Duty 
Order, 83 FR 50639 (October 9, 2018).
---------------------------------------------------------------------------

    Echjay appealed Commerce's Final Determination. On October 8, 2020, 
the CIT remanded the Final Determination to Commerce, concluding that 
Commerce's finding of affiliation and subsequent decision to collapse 
Echjay with EIPL, EFIPL and Spire were unsupported by substantial 
evidence.\4\
---------------------------------------------------------------------------

    \4\ See Echjay Forgings Private Limited v. United States, 475 F. 
Supp. 3d 1350 (CIT 2020).
---------------------------------------------------------------------------

    In its remand redetermination, issued in February 2021, Commerce 
revisited its prior collapsing determination and concluded that it was 
not appropriate to treat Echjay, EIPL, EFIPL, and Spire as a single 
entity. As a result, Commerce also revisited its concomitant 
application of AFA in determining Echjay's weighted-average dumping 
margin and calculated a revised dumping margin for the company.\5\ 
Finally, in light of Echjay's revised margin, and the method used in 
the investigation for determining the all-others rate, we calculated a 
revised all-others rate of 7.00 percent. The CIT

[[Page 50326]]

sustained Commerce's final redetermination.\6\
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    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Echjay Forgings Private Limited v. United States, Consol. 
Court No. 18-00230, Slip Op 20-140 (February 17, 2021).
    \6\ See Echjay Forgings Private Limited v. United States, 
Consol. Court No. 18-00230, Slip. Op. 21-105 (CIT August 20, 2021).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's August 20, 
2021, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Determination. Thus, this notice is 
published in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------

    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court judgment, Commerce is amending 
its Final Determination as follows:
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    \9\ Commerce reduced Echjay's dumping margin by the ad valorem 
export subsidy rate (4.87 percent) found in the companion CVD 
investigation. See Final Determination, 83 FR 40746.
    \10\ We calculated this rate by offsetting the weighted-average 
margin determined for the ``all others'' companies of 11.87 percent 
by the export subsidies rate (4.87 percent) found in the companion 
CVD investigation.

------------------------------------------------------------------------
                                                       Dumping    Cash
                       Company                         margin    deposit
                                                         (%)    rate (%)
------------------------------------------------------------------------
Echjay Forgings Private Limited.....................      4.58  \9\ 0.00
All Others..........................................     11.87      \10\
                                                                    7.00
------------------------------------------------------------------------

Cash Deposit Requirements

    Because there is a superseding cash deposit rate, i.e., there have 
been final results published in a subsequent administrative review,\11\ 
we will not issue revised cash deposit instructions to U.S. Customs and 
Border Protection (CBP) for Echjay. Commerce will issue revised all-
others cash deposit instructions to CBP.
---------------------------------------------------------------------------

    \11\ See Stainless Steel Flanges from India: Final Results of 
Antidumping Duty Administrative Review; 2018-2019, 86 FR 47619 
(August 26, 2021).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: September 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-19442 Filed 9-7-21; 8:45 am]
BILLING CODE 3510-DS-P