Finished Carbon Steel Flanges From Spain: Final Results of Antidumping Duty Administrative Review; 2019-2020, 746-747 [2022-00018]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 4 (Thursday, January 6, 2022)]
[Notices]
[Pages 746-747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00018]


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                                                Federal Register
________________________________________________________________________

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Federal Register / Vol. 87, No. 4 / Thursday, January 6, 2022 / 
Notices

[[Page 746]]



DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-815]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that sales of 
finished carbon steel flanges (flanges) from Spain were made at less 
than normal value (NV) during the period of review (POR) June 1, 2019, 
through May 31, 2020.

DATES: Applicable January 6, 2022.

FOR FURTHER INFORMATION CONTACT: Marc Castillo or Mark Flessner, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-0519 or (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 7, 2021, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ These final results cover 
eight companies for which an administrative review was initiated and 
not rescinded. On August 17, 2021, Weldbend Corporation and Boltex 
Manufacturing Co., L.P. (collectively, the petitioners) and ULMA Forja, 
S.Coop (ULMA) submitted their case briefs.\2\ On August 24, 2021, the 
petitioners and ULMA submitted their rebuttal briefs.\3\ On October 27, 
2021, Commerce extended the deadline for these final results, until 
December 30, 2021.\4\ Commerce conducted this review in accordance with 
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Finished Carbon Steel Flanges from Spain: Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR 
35745 (July 7, 2021) (Preliminary Results).
    \2\ See Petitioners' Letter, ``Finished Carbon Steel Flanges 
from Spain: Petitioners' Case Brief,'' dated August 17, 2021; and 
ULMA's Letter, ``ULMA Forja, S. Coop's Case Brief: Finished Carbon 
Steel Flanges from Spain, POR 3,'' dated August 17, 2021.
    \3\ See Petitioners' Letter, ``Finished Carbon Steel Flanges 
from Spain: Petitioners' Rebuttal Case Brief,'' dated August 24, 
2021; and ULMA's Letter, ``ULMA Forja, S. Coop's Rebuttal Brief: 
Finished Carbon Steel Flanges from Spain, POR 3,'' dated August 24, 
2021.
    \4\ See Memorandum, ``Finished Carbon Steel Flanges from Spain: 
Extension of Time Limit for Final Results of Antidumping Duty 
Administrative Review, 2019-2020,'' dated October 27, 2021.
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Scope of the Order 5
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    \5\ See Finished Carbon Steel Flanges from Spain: Antidumping 
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
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    The scope of the Order covers finished carbon steel flanges from 
Spain. A full description of the scope of the Order is contained in the 
Issues and Decision Memorandum.\6\
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    \6\ See Memorandum, ``Issues and Decisions Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: 
Finished Carbon Steel Flanges from Spain; 2019-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum. A 
list of the issues addressed in the Issues and Decision Memorandum is 
in the appendix to this notice. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision Memorandum, we made certain 
changes from the Preliminary Results.

Final Results of Administrative Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period June 1, 2019, through May 
31, 2020:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/manufacturer                   dumping margin
                                                             (percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop......................................            5.76
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         Rate Applicable to the Following Non-Selected Companies
------------------------------------------------------------------------
Aleaciones De Metales Sinterizados S.A..................            5.76
Central Y Almacenes.....................................            5.76
Farina Group Spain......................................            5.76
Friedrich Geldbach Gmbh.................................            5.76
Grupo Cunado............................................            5.76
Transglory S.A..........................................            5.76
Tubacero, S.L...........................................            5.76
------------------------------------------------------------------------

Rate for Non-Selected Respondents

    For the rate for non-selected respondents in an administrative 
review, 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. 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} .'' In this segment of 
the proceeding, we calculated a margin for ULMA that was not zero, de 
minimis, or based on facts available. Accordingly, we have applied the 
margin calculated for ULMA to the non-individually examined 
respondents.

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to parties in this review 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

[[Page 747]]

Assessment Rates

    Commerce shall determine and U.S. Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review. For ULMA, we calculated importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of those 
sales in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific assessment rate is de minimis (i.e., less than 0.5 percent), 
the entries by that importer will be liquidated without regard to 
antidumping duties. For entries of subject merchandise during the POR 
produced by ULMA for which it did not know its merchandise was destined 
for the United States, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\7\ For the companies 
identified above that were not selected for individual examination, we 
will instruct CBP to liquidate entries at the rates established in 
these final results of review.
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 for estimated antidumping 
duties will be effective upon publication of this notice for all 
shipments of flanges from Spain entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2) of the Act: (1) The cash deposit rate for the 
companies subject to this review will be equal to the company-specific 
weighted-average dumping margin established in the final results of the 
review; (2) for merchandise exported by producers or exporters not 
covered in this review but covered in a prior completed segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the producer has been 
covered in a prior completed segment of this proceeding, then the cash 
deposit rate will be the rate established in the completed segment for 
the most recent period for the producer of the merchandise; (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 18.81 percent, the all-others rate established in the less-than-
fair-value investigation of this proceeding.\8\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \8\ See Order, 82 FR at 27229.
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Notification to Importers

    This notice serves as a final 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 double 
antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction or return of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the destruction or 
return of APO materials or conversion to judicial protective order is 
hereby requested. Failure to comply with the regulations and terms of 
an APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 30, 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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Currency of Imputed Credit Expenses
    Comment 2: Scrap Offset
    Comment 3: Differential Pricing Methodology
    Comment 4: Marine Insurance Currency
    Comment 5: Rounding of General and Administrative Expenses Ratio
V. Recommendation

[FR Doc. 2022-00018 Filed 1-5-22; 8:45 am]
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