Stainless Steel Bar From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021, 12428-12429 [2022-04550]
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[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)] [Notices] [Pages 12428-12429] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2022-04550] [[Page 12428]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-810] Stainless Steel Bar From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain producers/exporters subject to this administrative review made sales of stainless steel bar (SS bar) from India at less than normal value (NV). Interested parties are invited to comment on these preliminary results of review. DATES: Applicable March 4, 2022. FOR FURTHER INFORMATION CONTACT: Jacob Keller or Konrad Ptaszynski, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4849 or (202) 482-6187, respectively. SUPPLEMENTARY INFORMATION: Background On April 1, 2021, based on timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the antidumping duty order on SS bar from India.\1\ The period of review is February 1, 2020, through January 31, 2021. On September 30, 2021, we extended the preliminary results of this review to no later than February 25, 2022.\2\ For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.\3\ --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 17124 (April 1, 2021) (Initiation Notice); see also Antidumping Duty Orders: Stainless Steel Bar from Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order). \2\ See Memorandum, ``Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review; 2020-2021,'' dated September 30, 2021. \3\ See Memorandum, ``Stainless Steel Bar from India: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2020-2021,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the Order is SS bar from India. For a complete description of the scope of the Order, see Preliminary Decision Memorandum. 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 the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. Commerce received a timely- filed withdrawal request from to Ambica Steels Limited (Ambica), pursuant to 19 CFR 351.213(d)(1).\4\ Because the withdrawal request was timely filed, and no other party requested a review of the company, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the Order with respect to Ambica. --------------------------------------------------------------------------- \4\ See Ambica's Letter, ``Request for Administrative Review of Anti-Dumping Duty of Ambica Steels Limited (``Ambica''),'' dated February 26, 2021. --------------------------------------------------------------------------- Methodology Commerce is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are calculated in accordance with section 772 of the Act. 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. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics discussed in the Preliminary Decision Memorandum is included in the appendix to this notice. Preliminary Results of the Review As a result of this review, we preliminarily determine the following weighted-average dumping margins for the period February 1, 2020, through January 31, 2021: ------------------------------------------------------------------------ Weighted- average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ Venus Wire Industries Pvt. Ltd., and its affiliates 0.00 Hindustan Inox Ltd., Precision Metals and Sieves Manufacturers (India) Pvt. Ltd.\5\......................... Laxcon Steels Limited....................................... 0.65 ------------------------------------------------------------------------ Assessment Rates --------------------------------------------------------------------------- \5\ Collectively these companies are known as the Venus Group. --------------------------------------------------------------------------- Upon issuance of the final results in this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries covered by this POR.\6\ If a respondent's weighted-average dumping margin is above de minimis (i.e., 0.50 percent) in the final results of these reviews, we will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer's examined sales and, where possible, the total entered value of sales. Specifically, Commerce will apply the assessment rate calculation method adopted in Final Modification for Reviews.\7\ Where an importer- (or customer-) specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\8\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.212(b). \7\ See Antidumping Proceeding: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) (Final Modification for Reviews). \8\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- For entries of subject merchandise during the POR produced by the Venus Group and Laxcon for which they did not know their 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. 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 for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent and, [[Page 12429]] therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated or reviewed companies not covered in this review, the cash deposit rate will continue to be the company-specific cash deposit rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the less-than-fair-value (LTFV) investigation, but the manufacturer is, then the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 12.45 percent, the all-others rate established in the LTFV investigation.\9\ These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \9\ See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar from India, 59 FR 66915, 66921 (December 28, 1994). --------------------------------------------------------------------------- Disclosure Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.\10\ --------------------------------------------------------------------------- \10\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- Verification On July 12, 2021, Commerce received a request from domestic producers Carpenter Technology Corporation, Crucible Industries LLC, Electralloy, a Division of G.O. Carlson, Inc., North American Stainless, Universal Stainless & Alloy Products, Inc., and Valbruna Slater Stainless, Inc. (collectively, Petitioners) to conduct verification of the responses in this administrative review.\11\ As provided in section 782(i)(3) of the Act, Commerce intends to verify the information relied upon in the final results. Normally, Commerce verifies information using standard procedures, including an on-site examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID-19 pandemic, Commerce is unable to conduct on-site verification in this review. Accordingly, we intend to verify the information relied upon in the final results through alternative means in lieu of on-site verification. Commerce will notify interested parties of any additional documentation or information required. --------------------------------------------------------------------------- \11\ See Petitioners' Letter, ``Petitioners' Request for Verification,'' dated July 12, 2021. --------------------------------------------------------------------------- Public Comment Because Commerce intends to conduct verification after these preliminary results, interested parties will be provided an opportunity to submit written comments (case briefs) at a date to be determined by Commerce and rebuttal comments (rebuttal briefs) within seven days after the time limit for filing case briefs.\12\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs.\13\ Commerce modified certain of its requirements for serving documents containing business proprietary information until further notice.\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\ --------------------------------------------------------------------------- \12\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested parties will be notified through ACCESS regarding the deadline for submitting case briefs; see also 19 CFR 351.303 (for general filing requirements); Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (collectively, Temporary Rule). \13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). \14\ See Temporary Rule. \15\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Unless the deadline is extended, Commerce intends to issue the final results of this review, including the results of its analysis of the issues raised in any written briefs, no 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). Final Results Commerce intends to issue the final results of this administrative review, including the results of its analysis raised in any written briefs, no later than 120 days after the publication of these preliminary results in the Federal Register, unless otherwise extended.\16\ --------------------------------------------------------------------------- \16\ See section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 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: February 25, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Partial Rescission of Administrative Review IV. Scope of the Order V. Affiliation and Collapsing VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2022-04550 Filed 3-3-22; 8:45 am] BILLING CODE 3510-DS-P
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