Stainless Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Successor-in-Interest Determination, and Partial Rescission; 2019-2020, 60792-60794 [2021-24078]
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lotter on DSK11XQN23PROD with NOTICES1
60792
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
amended (19 U.S.C. 81a–81u), and the
regulations of the Board (15 CFR part
400). It was formally docketed on
October 28, 2021. The applicant is
authorized to make the proposal under
Texas Business and Commerce Code,
Title 15, Chapter 681, Foreign-Trade
Zones.
The proposed zone would be the
fourth zone for the Shreveport-Bossier
City CBP port of entry. The existing
zones are as follows: FTZ 145,
Shreveport, Louisiana (Grantee: CaddoBossier Parishes Port Commission,
Board Order 370, January 7, 1988); FTZ
234, Gregg County, Texas (Grantee:
Gregg County, Texas, Board Order 1003,
November 4, 1998); and, FTZ 258,
Bowie County, Texas (Grantee:
TexAmericas Center, Board Order 1287,
October 9, 2003).
The applicant’s proposed service area
under the ASF would be a portion of
Smith County, as described in the
application. If approved, the applicant
would be able to serve sites throughout
the service area based on companies’
needs for FTZ designation. The
application indicates that the proposed
service area is adjacent to the
Shreveport-Bossier City Customs and
Border Protection port of entry.
The application indicates a need for
zone services within a portion of Smith
County, Texas. Several firms have
indicated an interest in using zone
procedures for warehousing/distribution
activities for a variety of products.
Specific production approvals are not
being sought at this time. Such requests
would be made to the FTZ Board on a
case-by-case basis.
In accordance with the FTZ Board’s
regulations, Camille Evans and
Christopher Wedderburn of the FTZ
Staff are designated examiners to
evaluate and analyze the facts and
information presented in the application
and case record and to report findings
and recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
January 3, 2022. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
January 18, 2022.
A copy of the application will be
available for public inspection in the
‘‘Online FTZ Information Section’’
section of the FTZ Board’s website,
which is accessible via www.trade.gov/
ftz.
For further information, contact
Camille Evans and Christopher
Wedderburn at Camille.Evans@
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trade.gov and Chris.Wedderburn@
trade.gov.
Dated: October 29, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–24044 Filed 11–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–877]
Stainless Steel Flanges From India:
Preliminary Results of Antidumping
Duty Administrative Review,
Preliminary Successor-in-Interest
Determination, and Partial Rescission;
2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
certain producers/exporters of stainless
steel flanges (flanges) from India made
sales of subject merchandise in the
United States at prices below normal
value (NV) during the period of review
(POR), October 1, 2019, through
September 30, 2020. We preliminarily
find that BFN Forgings Private Limited
(BFN Forgings) is the successor-ininterest to Bebitz Flanges Works Private
Limited (Bebitz Flanges). Finally, we are
rescinding this review with respect to
38 companies. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable November 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Christopher
Maciuba, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4725 or
(202) 482–0413, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 8, 2020, Commerce
initiated an administrative review of the
antidumping duty order on flanges from
India, in accordance with section 751(a)
of the Tariff Act of 1930, as amended
(the Act).1 This administrative review
covers 19 companies,2 including the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
78990 (December 8, 2020) (Initiation Notice).
2 Although we initiated a review of the companies
‘‘Jay Jagdamba Limited’’ and ‘‘Jay Jagdamba Ltd.,’’
we are treating these companies as the same entity
for purposes of this segment of the proceeding. See
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Sfmt 4703
mandatory respondents Chandan Steel
Limited (Chandan) and Kisaan Die Tech
Private Limited (KDT).3 On June 24,
2021, we extended the deadline for the
preliminary results until October 29,
2021.4 For details regarding the events
that occurred subsequent to the
initiation of this review, see the
Preliminary Decision Memorandum.5 A
list of topics included in the
Preliminary Decision Memorandum is
included as an appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is made
available to the public 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 is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the
Order is stainless steel flanges from
India.6 For a full description of the
scope, see the Preliminary Decision
Memorandum.
Preliminary Successor-in-Interest
Determination
BFN Forgings reported that, during
the POR, it changed its name from
‘‘Bebitz Flanges Works Private Limited’’
to ‘‘BFN Forgings Private Limited.’’
Based on our analysis of the information
on the record regarding any changes
with respect to corporate structure,
manufacturing facilities, customers, and
suppliers, we preliminarily determine
that BFN Forgings is the successor-ininterest to Bebitz Flanges, and, as a
result, should be accorded the same
treatment previously accorded to Bebitz
Flanges. For further discussion, see the
Preliminary Decision Memorandum at
‘‘Preliminary Successor-In-Interest
Determination.’’
Initiation Notice. Additionally, we preliminary find
BFN Forgings to be the successor-in-interest to
Bebitz Flanges. For further discussion, see the
section ‘‘Preliminary Successor-in-Interest
Determination’’ below.
3 We referred to this company in the Initiation
Notice as ‘‘Kisaan Die Tech.’’ The company’s full
name is Kisaan Die Tech Private Limited.
4 See Memorandum, ‘‘Stainless Steel Flanges from
India: Extension of Deadline for Preliminary Results
of Antidumping Duty Administrative Review,
2019–2020,’’ dated June 24, 2021.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Stainless Steel Flanges
from India; 2019–2020,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
6 See Stainless Steel Flanges from India:
Antidumping Duty Order, 83 FR 50639 (October 9,
2018) (Order).
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of the date of publication of
notice of initiation of the requested
review. On March 8, 2021, the Coalition
of American Flange Producers (the
petitioner) timely withdrew its request
for an administrative review for 38
companies. No other party requested a
review of these companies. For a
complete list of the companies for
which we are rescinding this review, see
Appendix II. Accordingly, we are
rescinding this review with respect to
these companies, pursuant to 19 CFR
351.213(d)(1).
lotter on DSK11XQN23PROD with NOTICES1
Rate for Non-Selected Companies
The Act and Commerce’s regulations
do not address the 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
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a less-than-fair value
(LTFV) 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}.’’ We
preliminarily calculated a 5.78 percent
dumping margin for Chandan and a 1.18
percent dumping margin for KDT, the
mandatory respondents in this review,
and we have assigned to the nonselected companies a rate of 5.28
percent, which is the weighted-average
of Chandan’s and KDT’s margins based
on publicly ranged data.7 For additional
7 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), unchanged in Xanthan Gum
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2018–
2019, 86 FR 16189 (March 26, 2021); Albemarle
Corp. v. United States, 821 F. 3d 1345 (Fed. Cir.
2016); and 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),
unchanged in Emulsion Styrene-Butadiene Rubber
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information, see the Preliminary
Decision Memorandum at ‘‘Rates for
Non-Selected Companies.’’
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1) and
(2) of the Act. We calculated export
price and constructed export price in
accordance with section 772 of the Act.
We calculated NV in accordance with
section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine the
following weighted-average dumping
margins exist for the period October 1,
2019, through September 30, 2020:
Exporter/producer
Chandan Steel Limited ..........................
Kisaan Die Tech Private Limited ...........
Companies Not Individually Examined 8
Weightedaverage
dumping
margin
(percent)
5.78
1.18
5.28
Assessment Rates
Upon completion of the final results
of this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries.
Pursuant to 19 CFR 351.212(b)(1),
because the individually-examined
respondents reported the entered value
for their U.S. sales, we will calculate
importer-specific ad valorem
antidumping 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 those same sales. Where either
the respondent’s weighted-average
dumping margin is zero or de minimis
within the meaning of 19 CFR
351.106(c), or an importer-specific rate
is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
for which the company did not know
From the Republic of Korea: Final Results of the
Administrative Review of the Antidumping Duty
Order; 2018–2019, 85 FR 67512 (October 23, 2020);
see also Memorandum, ‘‘Preliminary Results of the
Antidumping Duty Administrative Review of
Stainless Steel Flanges from India: Calculation of
Margin for Respondents Not Selected for Individual
Examination,’’ dated October 29, 2021.
8 See Appendix III for a full list of companies not
individually examined in this review.
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60793
that the merchandise was destined for
the United States, we will instruct CBP
to liquidate those entries at the allothers rate established in the original
LTFV investigation (i.e., 7.00 percent) 9
if there is no rate for the intermediate
company(ies) involved in the
transaction.10
For the companies which were not
selected for individual review, we
intend to assign an assessment rate
based on the review-specific average
rate, calculated as noted in the
‘‘Preliminary Results of Review’’
section, above. The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review and for future deposits of
estimated duties, where applicable.11
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 cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the finals results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the companies
under review will be equal to the
weighted-average dumping margin
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 previously
reviewed or investigated companies not
in this review, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which they were examined; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
9 See Stainless Steel Flanges from India: Notice of
Court Decision Not in Harmony with the Final
Determination of Antidumping Investigation; Notice
of Amended Final Determination, 86 FR 50325
(September 8, 2021) (Amended Final).
10 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
11 See section 751(a)(2)(C) of the Act.
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
LTFV investigation, but the producer is,
the cash deposit rate will be the rate
established for the most recentlycompleted segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 7.00 percent,12 the all-others rate
established in the amended final
determination of the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.13 Pursuant to 19
CFR 351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.14 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.15 Case and rebuttal
briefs should be filed using ACCESS 16
and must be served on interested
parties.17 Executive summaries should
be limited to five pages total, including
footnotes. Note that Commerce has
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 do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.19
Requests should contain the party’s
name, address, and telephone number,
the number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs.20 Parties are reminded
lotter on DSK11XQN23PROD with NOTICES1
12 See
Amended Final, 86 FR at 50326.
13 See 19 CFR 351.224(b).
14 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See generally 19 CFR 351.303.
17 See 19 CFR 351.303(f).
18 See Temporary Rule.
19 See 19 CFR 351.310(c).
20 See 19 CFR 351.310.
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17:57 Nov 03, 2021
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that all briefs and hearing requests must
be filed electronically using ACCESS
and received successfully in their
entirety by 5:00 p.m. Eastern Time on
the due date.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
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 duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
9. Echjay Forgings Pvt. Ltd.
10. Fivebros Forgings Pvt. Ltd.
11. Fluid Controls Pvt. Ltd.
12. Geodis Oversea Pvt., Ltd.
13. Globelink WW India Pvt., Ltd.
14. Good Luck Engineering Co.
15. Goodluck India Ltd.
16. Hilton Metal Forging Limited
17. Kunj Forgings Pvt. Ltd.
18. Montane Shipping Pvt., Ltd.
19. Noble Shipping Pvt. Ltd.
20. Paramount Forge
21. Pashupati Ispat Pvt. Ltd.
22. Pashupati Tradex Pvt., Ltd.
23. Peekay Steel Castings Pvt. Ltd.
24. Pradeep Metals Ltd.
25. R D Forge Pvt., Ltd.
26. Rolex Fittings India Pvt. Ltd.
27. Rollwell Forge Pvt. Ltd.
28. Safewater Lines (I) Pvt. Ltd.
29. Saini Flange Pvt. Ltd.
30. SAR Transport Systems
31. Shilpan Steelcast Pvt. Ltd.
32. Teamglobal Logistics Pvt. Ltd.
33. Technical Products Corporation
34. Technocraft Industries India Ltd.
35. Transworld Global Logistics Solutions
(India) Pvt. Ltd.
36. VEEYES Engineering Pvt. Ltd.
37. Vishal Shipping Agencies Pvt. Ltd.
38. Yusen Logistics (India) Pvt. Ltd
Appendix III
List of Companies Not Selected for
Individual Examination
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Successor-In-Interest
Determination
V. Partial Rescission of Review
VI. Rate for Non-Selected Companies
VII. Discussion of the Methodology
VIII. Recommendation
Ae Engineers & Exporters
Balkrishna Steel Forge Pvt. Ltd.
BFN Forgings Private Limited (former name
Bebitz Flanges Works Private Limited) 21
Broadway Overseas Ltd.
Dongguan Good Luck Furniture Industrial
Co., Ltd.
DSV Air and Sea Pvt. Ltd.
DSV Logistics
G.I. Auto Pvt. Ltd.
Jai Auto Pvt. Ltd.
Jay Jagdamba Forgings Private Limited
Jay Jagdamba Limited 22
Jay Jagdamba Profile Private Limited
Katariya Steel Distributors
Lotus CNC Components
Motor Aids
Shree Jay Jagdamba Flanges Private Limited
Transworld Enterprises
Transworld Group
Viraj Profiles Ltd.
Appendix II
[FR Doc. 2021–24078 Filed 11–3–21; 8:45 am]
Companies for Which the Review Request
Was Withdrawn and for Which Commerce Is
Rescinding This Review
1. Arien Global
2. Armstrong International Pvt. Ltd.
3. Avini Metal Limited
4. Bee Gee Enterprises
5. Bsl Freight Solutions Pvt., Ltd.
6. CD Industries (Prop. Kisaan Engineering
Works Pvt. Ltd.)
7. Cipriani Harrison Valves Pvt. Ltd.
8. CTL Logistics (India) Pvt. Ltd.
BILLING CODE 3510–DS–P
Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
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Sfmt 9990
21 We preliminary find BFN Forgings Private
Limited to be the successor-in-interest to Bebitz
Flanges Works Private Limited.
22 We also initiated a review of this company
under the name ‘‘Jay Jagdamba Ltd.’’ We are treating
these companies as the same entity for purposes of
this segment of the proceeding.
E:\FR\FM\04NON1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60792-60794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24078]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877]
Stainless Steel Flanges From India: Preliminary Results of
Antidumping Duty Administrative Review, Preliminary Successor-in-
Interest Determination, and Partial Rescission; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain producers/exporters of stainless steel flanges (flanges) from
India made sales of subject merchandise in the United States at prices
below normal value (NV) during the period of review (POR), October 1,
2019, through September 30, 2020. We preliminarily find that BFN
Forgings Private Limited (BFN Forgings) is the successor-in-interest to
Bebitz Flanges Works Private Limited (Bebitz Flanges). Finally, we are
rescinding this review with respect to 38 companies. We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 4, 2021.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christopher
Maciuba, AD/CVD Operations, Office V, Enforcement and Compliance,
International Trade Administration, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4725
or (202) 482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2020, Commerce initiated an administrative review of
the antidumping duty order on flanges from India, in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This
administrative review covers 19 companies,\2\ including the mandatory
respondents Chandan Steel Limited (Chandan) and Kisaan Die Tech Private
Limited (KDT).\3\ On June 24, 2021, we extended the deadline for the
preliminary results until October 29, 2021.\4\ For details regarding
the events that occurred subsequent to the initiation of this review,
see the Preliminary Decision Memorandum.\5\ A list of topics included
in the Preliminary Decision Memorandum is included as an appendix to
this notice. The Preliminary Decision Memorandum is a public document
and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 78990 (December 8, 2020) (Initiation
Notice).
\2\ Although we initiated a review of the companies ``Jay
Jagdamba Limited'' and ``Jay Jagdamba Ltd.,'' we are treating these
companies as the same entity for purposes of this segment of the
proceeding. See Initiation Notice. Additionally, we preliminary find
BFN Forgings to be the successor-in-interest to Bebitz Flanges. For
further discussion, see the section ``Preliminary Successor-in-
Interest Determination'' below.
\3\ We referred to this company in the Initiation Notice as
``Kisaan Die Tech.'' The company's full name is Kisaan Die Tech
Private Limited.
\4\ See Memorandum, ``Stainless Steel Flanges from India:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review, 2019-2020,'' dated June 24, 2021.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Stainless
Steel Flanges from India; 2019-2020,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is stainless steel flanges
from India.\6\ For a full description of the scope, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Stainless Steel Flanges from India: Antidumping Duty
Order, 83 FR 50639 (October 9, 2018) (Order).
---------------------------------------------------------------------------
Preliminary Successor-in-Interest Determination
BFN Forgings reported that, during the POR, it changed its name
from ``Bebitz Flanges Works Private Limited'' to ``BFN Forgings Private
Limited.'' Based on our analysis of the information on the record
regarding any changes with respect to corporate structure,
manufacturing facilities, customers, and suppliers, we preliminarily
determine that BFN Forgings is the successor-in-interest to Bebitz
Flanges, and, as a result, should be accorded the same treatment
previously accorded to Bebitz Flanges. For further discussion, see the
Preliminary Decision Memorandum at ``Preliminary Successor-In-Interest
Determination.''
[[Page 60793]]
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of the date
of publication of notice of initiation of the requested review. On
March 8, 2021, the Coalition of American Flange Producers (the
petitioner) timely withdrew its request for an administrative review
for 38 companies. No other party requested a review of these companies.
For a complete list of the companies for which we are rescinding this
review, see Appendix II. Accordingly, we are rescinding this review
with respect to these companies, pursuant to 19 CFR 351.213(d)(1).
Rate for Non-Selected Companies
The Act and Commerce's regulations do not address the 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 Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a less-than-fair value (LTFV) 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 5.78 percent dumping margin for Chandan and
a 1.18 percent dumping margin for KDT, the mandatory respondents in
this review, and we have assigned to the non-selected companies a rate
of 5.28 percent, which is the weighted-average of Chandan's and KDT's
margins based on publicly ranged data.\7\ For additional information,
see the Preliminary Decision Memorandum at ``Rates for Non-Selected
Companies.''
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\7\ 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), unchanged in Xanthan Gum from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2018-2019,
86 FR 16189 (March 26, 2021); Albemarle Corp. v. United States, 821
F. 3d 1345 (Fed. Cir. 2016); and 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), unchanged in Emulsion Styrene-Butadiene
Rubber From the Republic of Korea: Final Results of the
Administrative Review of the Antidumping Duty Order; 2018-2019, 85
FR 67512 (October 23, 2020); see also Memorandum, ``Preliminary
Results of the Antidumping Duty Administrative Review of Stainless
Steel Flanges from India: Calculation of Margin for Respondents Not
Selected for Individual Examination,'' dated October 29, 2021.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of the Act. We calculated export price and
constructed export price in accordance with section 772 of the Act. We
calculated NV in accordance with section 773 of the Act. For a full
description of the methodology underlying these preliminary results,
see the Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margins exist for the period October 1, 2019, through September 30,
2020:
---------------------------------------------------------------------------
\8\ See Appendix III for a full list of companies not
individually examined in this review.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Chandan Steel Limited....................................... 5.78
Kisaan Die Tech Private Limited............................. 1.18
Companies Not Individually Examined \8\..................... 5.28
------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1), because the individually-examined
respondents reported the entered value for their U.S. sales, we will
calculate importer-specific ad valorem antidumping 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 those
same sales. Where either the respondent's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR 351.106(c),
or an importer-specific rate is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which the company did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the original LTFV
investigation (i.e., 7.00 percent) \9\ if there is no rate for the
intermediate company(ies) involved in the transaction.\10\
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\9\ See Stainless Steel Flanges from India: Notice of Court
Decision Not in Harmony with the Final Determination of Antidumping
Investigation; Notice of Amended Final Determination, 86 FR 50325
(September 8, 2021) (Amended Final).
\10\ For a full discussion of this practice, 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 review-specific
average rate, calculated as noted in the ``Preliminary Results of
Review'' section, above. The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by this review and for future deposits of estimated
duties, where applicable.\11\
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\11\ See section 751(a)(2)(C) of the Act.
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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 cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review will be equal to the weighted-average dumping margin
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 previously reviewed or investigated companies not in this review,
the cash deposit rate will continue to be the company-specific rate
published for the most recently-completed segment of this proceeding in
which they were examined; (3) if the exporter is not a firm covered in
this review, a prior review, or the original
[[Page 60794]]
LTFV investigation, but the producer is, the cash deposit rate will be
the rate established for the most recently-completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
7.00 percent,\12\ the all-others rate established in the amended final
determination of the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\12\ See Amended Final, 86 FR at 50326.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\13\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\14\ 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.\15\ Case and rebuttal briefs should be filed using ACCESS
\16\ and must be served on interested parties.\17\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information until further notice.\18\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
\18\ See Temporary Rule.
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\19\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\20\ Parties are reminded that all briefs and
hearing requests must be filed electronically using ACCESS and received
successfully in their entirety by 5:00 p.m. Eastern Time on the due
date.
---------------------------------------------------------------------------
\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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 duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Successor-In-Interest Determination
V. Partial Rescission of Review
VI. Rate for Non-Selected Companies
VII. Discussion of the Methodology
VIII. Recommendation
Appendix II
Companies for Which the Review Request Was Withdrawn and for Which
Commerce Is Rescinding This Review
1. Arien Global
2. Armstrong International Pvt. Ltd.
3. Avini Metal Limited
4. Bee Gee Enterprises
5. Bsl Freight Solutions Pvt., Ltd.
6. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.)
7. Cipriani Harrison Valves Pvt. Ltd.
8. CTL Logistics (India) Pvt. Ltd.
9. Echjay Forgings Pvt. Ltd.
10. Fivebros Forgings Pvt. Ltd.
11. Fluid Controls Pvt. Ltd.
12. Geodis Oversea Pvt., Ltd.
13. Globelink WW India Pvt., Ltd.
14. Good Luck Engineering Co.
15. Goodluck India Ltd.
16. Hilton Metal Forging Limited
17. Kunj Forgings Pvt. Ltd.
18. Montane Shipping Pvt., Ltd.
19. Noble Shipping Pvt. Ltd.
20. Paramount Forge
21. Pashupati Ispat Pvt. Ltd.
22. Pashupati Tradex Pvt., Ltd.
23. Peekay Steel Castings Pvt. Ltd.
24. Pradeep Metals Ltd.
25. R D Forge Pvt., Ltd.
26. Rolex Fittings India Pvt. Ltd.
27. Rollwell Forge Pvt. Ltd.
28. Safewater Lines (I) Pvt. Ltd.
29. Saini Flange Pvt. Ltd.
30. SAR Transport Systems
31. Shilpan Steelcast Pvt. Ltd.
32. Teamglobal Logistics Pvt. Ltd.
33. Technical Products Corporation
34. Technocraft Industries India Ltd.
35. Transworld Global Logistics Solutions (India) Pvt. Ltd.
36. VEEYES Engineering Pvt. Ltd.
37. Vishal Shipping Agencies Pvt. Ltd.
38. Yusen Logistics (India) Pvt. Ltd
Appendix III
List of Companies Not Selected for Individual Examination
Ae Engineers & Exporters
Balkrishna Steel Forge Pvt. Ltd.
BFN Forgings Private Limited (former name Bebitz Flanges Works
Private Limited) \21\
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\21\ We preliminary find BFN Forgings Private Limited to be the
successor-in-interest to Bebitz Flanges Works Private Limited.
---------------------------------------------------------------------------
Broadway Overseas Ltd.
Dongguan Good Luck Furniture Industrial Co., Ltd.
DSV Air and Sea Pvt. Ltd.
DSV Logistics
G.I. Auto Pvt. Ltd.
Jai Auto Pvt. Ltd.
Jay Jagdamba Forgings Private Limited
Jay Jagdamba Limited \22\
---------------------------------------------------------------------------
\22\ We also initiated a review of this company under the name
``Jay Jagdamba Ltd.'' We are treating these companies as the same
entity for purposes of this segment of the proceeding.
---------------------------------------------------------------------------
Jay Jagdamba Profile Private Limited
Katariya Steel Distributors
Lotus CNC Components
Motor Aids
Shree Jay Jagdamba Flanges Private Limited
Transworld Enterprises
Transworld Group
Viraj Profiles Ltd.
[FR Doc. 2021-24078 Filed 11-3-21; 8:45 am]
BILLING CODE 3510-DS-P
