Stainless Steel Bar From India: Final Results of Antidumping Duty Administrative Review; 2020-2021, 54968-54970 [2022-19338]
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54968
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: August 31, 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. Scope of the Order
IV. Companies Not Selected for Individual
Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022–19337 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–DS–P
(202) 482–4849 or (202) 482–6187,
respectively.
scope of the Order is contained in the
Issues and Decision Memorandum.7
SUPPLEMENTARY INFORMATION:
Analysis of Comments Received
Background
On March 4, 2022, Commerce
published in the Federal Register the
Preliminary Results of the 2020–2021
administrative review of the
antidumping duty order on SS Bar from
India.1 We invited interested parties to
comment on the Preliminary Results
and on June 30, 2022, 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, the
petitioners) submitted timely filed case
briefs.2 On July 6 and 12, 2022, Venus
Wire Industries Pvt. Ltd., Hindustan
Inox, Precision Metals and Sieves
Manufacturers (India) Pvt. Ltd.
(collectively, the Venus Group) and
Laxcon Steels Limited, Ocean Steels
Private Limited, Metlax International
Private Limited, Parvati Private Limited,
and Mega Steels Private Limited
(collectively, Laxcon), respectively,
submitted timely filed rebuttal briefs.3
On June 6, 2022, we extended the
preliminary results of this review to no
later than August 31, 2022.4 For a
complete description of the events that
followed the initiation of this review,
see the Issues and Decision
Memorandum.5
Scope of the Order 6
The products covered by the Order
are SS Bar. A full description of the
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–810]
Stainless Steel Bar From India: Final
Results of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
exporters/producers of stainless steel
bar (SS Bar) from India made sales at
prices below normal value during the
period of review (POR) of February 1,
2020, through January 31, 2021.
DATES: Applicable September 8, 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:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
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1 See Stainless Steel Bar from India: Preliminary
Results and Partial Rescission of Antidumping Duty
Administrative Review; 2020–2021, 87 FR 12428
(March 4, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Petitioner’s Letters, ‘‘Petitioners’ Case Brief
Concerning Laxcon,’’ dated June 30, 2022; and
‘‘Petitioners’ Case Brief Concerning Venus,’’ dated
June 30, 2022.
3 See Laxcon’s Letter, ‘‘Rebuttal of Petitioner Case
Brief Concerning to Laxcon Steels Limited of AntiDumping Order on Stainless Steels Bar from India
(A–533–810),’’ dated July 12, 2022; see also Venus
Group’s Letter, ‘‘Rebuttal Brief,’’ dated August 6,
2022. We rejected the Venus Group’s initial rebuttal
brief submission because it contained untimely new
factual information. Accordingly, the Venus Group
resubmitted its redacted rebuttal brief on August 6,
2022.
4 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review; 2020–2021,’’ dated June 6, 2022.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Stainless Steel Bar from India; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
6 See Antidumping Duty Orders: Stainless Steel
Bar from Brazil, India and Japan, 60 FR 9661
(February 21, 1995) (Order).
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All issues raised in the case and
rebuttal briefs filed by interested parties
in this review are addressed in the
Issues and Decision Memorandum. A
list of the topics discussed in the Issues
and Decision Memorandum is included
in the appendix to this notice. The
Issues and Decision Memorandum is a
public document and is made available
to the public 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 directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the margin calculation for
Laxcon. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Use of Adverse Facts Available
Pursuant to sections 776(a) and (b) of
the Tariff Act of 1930, as amended (the
Act), and for the reasons explained in
the Issues and Decision Memorandum,
we applied certain changes to Laxcon’s
margin calculation based on the use of
partial adverse facts available.
Final Results of Administrative Review
As a result of this administrative
review, Commerce determines that the
following estimated weighted-average
dumping margins exists for the period
February 1, 2020, through January 31,
2021:
7 See
Issues and Decision Memorandum.
these companies are known as the
Venus Group.
9 We are not disclosing any final margin
calculations for Venus Wire Industries Pvt. Ltd.,
and its affiliates Hindustan Inox Ltd., Precision
Metals and Sieves Manufacturers (India) Pvt. Ltd.
because we made no changes to the preliminary
margin calculations, and we have not performed
any calculations in connection with this final
determination. See Memorandum, ‘‘Administrative
Review of the Antidumping Duty Order on
Stainless-Steel Bar from India—Preliminary
Analysis Memorandum for the Venus Group; 2020–
2021,’’ dated February 25, 2022.
10 Collectively, these companies are known as
Laxcon.
8 Collectively,
E:\FR\FM\08SEN1.SGM
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54969
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
Weighted-average
dumping margin
(percent)
Producer or exporter
Venus Wire Industries Pvt. Ltd., and its affiliates Hindustan Inox Ltd., Precision Metals and Sieves Manufacturers (India)
Pvt. Ltd 8 .....................................................................................................................................................................................
Laxcon Steels Limited, and its affiliates Ocean Steels Private Limited, Metlax International Private Limited, Parvati Private
Limited, and Mega Steels Private Limited 10 .............................................................................................................................
Disclosure
With respect to Laxcon, we intend to
disclose the calculations performed for
these final results of review to the
parties within five days after public
announcement, in accordance with 19
CFR 351.224(b). With respect to the
Venus Group, because we made no
changes to the margin for the Venus
Group in these final results there are no
calculations to disclose.
Assessment Rates
khammond on DSKJM1Z7X2PROD with NOTICES
Consistent with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(1), upon
issuance of the final results of review,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. Commerce intends to issue
appropriate assessment instructions to
CBP no earlier than 35 days after
publication of these final results of
review. 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).
For Laxcon, we calculated importerspecific 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).11 Where an importerspecific assessment rate is de minimis
(i.e., less than 0.5 percent), the entries
by that importer will be liquidated
without reference to antidumping
duties.
For entries of subject merchandise
during the POR produced by Laxcon for
which it did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate (i.e., 12.45 percent) 12 if there
11 In these final results, Commerce applied the
assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
12 See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Bar from
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18:19 Sep 07, 2022
Jkt 256001
9 0.00
is no rate for the intermediate
company(ies) involved in the
transaction.13
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
this notice for all shipments of SS Bar
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rates for the companies subject
to this review will be equal to the
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 companyspecific 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 12.45
percent, the all-others rate established
in the less-than-fair-value investigation
for this proceeding.14 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Administrative Protective Order
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 the antidumping
India, 59 FR 66915, 66921 (December 28, 1994)
(Order).
13 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
14 See Order, 59 FR at 66921.
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Fmt 4703
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3.76
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction 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 proceeding. Timely written
notification of the return/destruction 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 violation
which is subject to sanction.
Notification to Interested Parties
Commerce is 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: August 31, 2022.
Lisa W. Wang,
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. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Total Adverse Facts Available
(AFA) to the Venus Group
Comment 2: Whether Total AFA is
Warranted Because Laxcon Destroyed
Certain Records
Comment 3: Whether Laxcon Failed
Verification of Product Physical
Characteristics
Comment 4: Whether Laxcon Provided
Complete U.S. Sales Data
Comment 5: Whether Laxcon Provided a
Complete Home Market Sales Database
Comment 6: Whether Laxcon Reported
Accurate Packing Expenses
Comment 7: Whether Laxcon Withheld
Information Regarding Certain Home
Market Sales
Comment 8: Whether Commerce Should
Apply Total AFA to Laxcon
Comment 9: Ministerial Errors in the
Preliminary Results for Laxcon
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
VI. Recommendation
[FR Doc. 2022–19338 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; Rescission, in Part; and
Preliminary Determination of No
Shipments; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain producers and
exporters of passenger vehicle and light
truck tires (passenger tires) from the
People’s Republic of China (China)
made sales of subject merchandise at
prices below normal value (NV) during
the period of review (POR), August 1,
2020, through July 31, 2021. Commerce
also preliminarily finds that 17
companies qualified for separate rate
status, eight companies are part of the
China-wide entity, nine companies
timely withdrew their requests for an
administrative review, and ten
companies did not ship subject
merchandise to the United States during
the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable September 8, 2022.
FOR FURTHER INFORMATION CONTACT: Toni
Page or Peter Shaw, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1398 or (202) 482–0697,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On August 10, 2015, Commerce
published in the Federal Register the
antidumping duty order on passenger
tires from China.1 On August 2, 2021,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015) (Order).
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18:19 Sep 07, 2022
Jkt 256001
Order on passenger tires from China for
the period August 1, 2020, through July
31, 2021.2 On October 7, 2021, based on
timely requests for review, Commerce
published the initiation of the
administrative review of the Order with
respect to 47 companies.3 The petitioner
in this review is the United Steel, Paper
and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, AFL–CIO,
CLC (USW). This review covers
mandatory respondents, Giti 4 and
Sumitomo,5 as well as 33 additional
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 41436
(August 2, 2021).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811 (October 7, 2021).
4 In a prior administrative review, we determined
that it was appropriate to treat the following
companies as a single entity: Giti Tire Global
Trading Pte. Ltd. (GTT); Giti Radial (Anhui) Tire
Company Ltd. (Giti Radial Anhui), and Giti Tire
Fujian Company Ltd. (Giti Fujian), Giti Tire
(Hualin) Company, Ltd., Giti Tire Greatwall
Company. Ltd., Giti Tire (Anhui) Company, Giti
Tire (Yinchuan) Company Ltd., Giti Tire
(Chongqing Company Ltd., and Giti Tire USA, Ltd.
collectively, Giti). See Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China: Preliminary Results of Antidumping Duty
Administrative Review; Preliminary Determination
of No Shipments, and Rescission, In Part; 2015–
2016, 82 FR 42281 (September 7, 2017), and
accompanying Preliminary Decision Memorandum
(PDM), at ‘‘Affiliation and Single Entity Treatment,’’
unchanged in Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China:
Final Results of Antidumping Duty Administrative
Review; and Final Determination of No Shipments;
2015–2016, 83 FR 11690 (March 16, 2018). Because
no interested party submitted comments on this
issue, and in the absence of any new information
regarding this finding, Commerce is continuing to
find that these companies are affiliated, pursuant to
section 771(33)(E) of the Tariff Act of 1930, as
amended (the Act), and are a single entity, pursuant
to 19 CFR 351.401(f). However, because Giti Tire
USA, Ltd. is an affiliated entity located in
California, we find that, per Commerce’s practice,
this affiliate should be removed from the single
entity. See Giti’s Letter, ‘‘Passenger Vehicle and
Light Truck Tires from the People’s Republic of
China: Section A Questionnaire Response,’’ dated
January 4, 2022, at 2 and Exhibit A–3.
5 In the prior segment of this proceeding, we
determined that it was appropriate to treat the
following entities as a single entity: Sumitomo
Rubber (Hunan) Co., Ltd. (SRH), Sumitomo Rubber
(Changshu) Co., Ltd. (SRC), and Sumitomo Rubber
Industries (SRI) (collectively, Sumitomo). See
Certain Passenger Vehicle and Light Truck Tires
from the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review; and Preliminary Determination of No
Shipments; 2019–2020, 86 FR 50029 (September 7,
2021), and accompanying PDM, at ‘‘Affiliation and
Single Entity Treatment,’’ unchanged in Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; and
Final Determination of No Shipments; 2019–2020,
87 FR 13966 (March 11, 2022). Because no
interested party submitted comments on this issue,
and in the absence of any new information
regarding this finding, Commerce is continuing to
find that SRH, SRC, and SRI are affiliated, pursuant
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Fmt 4703
Sfmt 4703
exporters that were not selected for
individual examination.
On March 31, 2022, Commerce
extended the deadline for these
preliminary results to August 31, 2022.6
For a complete description of the events
that followed the initiation and the
partial rescission of this administrative
review, see the Preliminary Decision
Memorandum.7 A list of topics
discussed in the Preliminary Decision
Memorandum is included in Appendix
I to this notice. 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.
Scope of the Order
The products covered by the Order
are certain passenger vehicle and light
truck tires from China. A full
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.8
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act and 19 CFR 351.213. In
determining the dumping margins in
this review, we calculated constructed
export price in accordance with section
772 of the Act. Because Commerce has
determined that China is a non-market
economy (NME) country, within the
meaning of section 771(18) of the Act,
we calculated normal value in this
review in accordance with section
773(c) of the Act. For a full description
of the methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
to section 771(33)(F) of the Act, as, and are a single
entity, pursuant to 19 CFR 351.401(f).
6 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review 2020–2021,’’ dated March
31, 2022.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China and Preliminary Determination of No
Shipments; 2020–2021,’’ dated concurrently with,
and hereby adapted by, this notice (Preliminary
Decision Memorandum).
8 See Preliminary Decision Memorandum at
‘‘Scope of the Order.’’
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Agencies
[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54968-54970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19338]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Final Results of Antidumping Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
exporters/producers of stainless steel bar (SS Bar) from India made
sales at prices below normal value during the period of review (POR) of
February 1, 2020, through January 31, 2021.
DATES: Applicable September 8, 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 March 4, 2022, Commerce published in the Federal Register the
Preliminary Results of the 2020-2021 administrative review of the
antidumping duty order on SS Bar from India.\1\ We invited interested
parties to comment on the Preliminary Results and on June 30, 2022,
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, the petitioners) submitted timely filed case briefs.\2\
On July 6 and 12, 2022, Venus Wire Industries Pvt. Ltd., Hindustan
Inox, Precision Metals and Sieves Manufacturers (India) Pvt. Ltd.
(collectively, the Venus Group) and Laxcon Steels Limited, Ocean Steels
Private Limited, Metlax International Private Limited, Parvati Private
Limited, and Mega Steels Private Limited (collectively, Laxcon),
respectively, submitted timely filed rebuttal briefs.\3\ On June 6,
2022, we extended the preliminary results of this review to no later
than August 31, 2022.\4\ For a complete description of the events that
followed the initiation of this review, see the Issues and Decision
Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Stainless Steel Bar from India: Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review; 2020-
2021, 87 FR 12428 (March 4, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Petitioner's Letters, ``Petitioners' Case Brief
Concerning Laxcon,'' dated June 30, 2022; and ``Petitioners' Case
Brief Concerning Venus,'' dated June 30, 2022.
\3\ See Laxcon's Letter, ``Rebuttal of Petitioner Case Brief
Concerning to Laxcon Steels Limited of Anti-Dumping Order on
Stainless Steels Bar from India (A-533-810),'' dated July 12, 2022;
see also Venus Group's Letter, ``Rebuttal Brief,'' dated August 6,
2022. We rejected the Venus Group's initial rebuttal brief
submission because it contained untimely new factual information.
Accordingly, the Venus Group resubmitted its redacted rebuttal brief
on August 6, 2022.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2020-2021,'' dated June
6, 2022.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Stainless Steel Bar from India; 2020-2021,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ See Antidumping Duty Orders: Stainless Steel Bar from
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
---------------------------------------------------------------------------
The products covered by the Order are SS Bar. A full description of
the scope of the Order is contained in the Issues and Decision
Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are addressed in the Issues and
Decision Memorandum. A list of the topics discussed in the Issues and
Decision Memorandum is included in the appendix to this notice. The
Issues and Decision Memorandum is a public document and is made
available to the public 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 directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculation for Laxcon. For a discussion of these
changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
Pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act), and for the reasons explained in the Issues and
Decision Memorandum, we applied certain changes to Laxcon's margin
calculation based on the use of partial adverse facts available.
Final Results of Administrative Review
As a result of this administrative review, Commerce determines that
the following estimated weighted-average dumping margins exists for the
period February 1, 2020, through January 31, 2021:
---------------------------------------------------------------------------
\8\ Collectively, these companies are known as the Venus Group.
\9\ We are not disclosing any final margin calculations for
Venus Wire Industries Pvt. Ltd., and its affiliates Hindustan Inox
Ltd., Precision Metals and Sieves Manufacturers (India) Pvt. Ltd.
because we made no changes to the preliminary margin calculations,
and we have not performed any calculations in connection with this
final determination. See Memorandum, ``Administrative Review of the
Antidumping Duty Order on Stainless-Steel Bar from India--
Preliminary Analysis Memorandum for the Venus Group; 2020-2021,''
dated February 25, 2022.
\10\ Collectively, these companies are known as Laxcon.
[[Page 54969]]
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Venus Wire Industries Pvt. Ltd., and its affiliates \9\ 0.00
Hindustan Inox Ltd., Precision Metals and Sieves
Manufacturers (India) Pvt. Ltd \8\..................
Laxcon Steels Limited, and its affiliates Ocean 3.76
Steels Private Limited, Metlax International Private
Limited, Parvati Private Limited, and Mega Steels
Private Limited \10\................................
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Disclosure
With respect to Laxcon, we intend to disclose the calculations
performed for these final results of review to the parties within five
days after public announcement, in accordance with 19 CFR 351.224(b).
With respect to the Venus Group, because we made no changes to the
margin for the Venus Group in these final results there are no
calculations to disclose.
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), upon issuance of the final results of review, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries covered by this
review. Commerce intends to issue appropriate assessment instructions
to CBP no earlier than 35 days after publication of these final results
of review. 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).
For Laxcon, 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).\11\ 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 reference to
antidumping duties.
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\11\ In these final results, Commerce applied the assessment
rate calculation method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Duty Proceedings; Final Modification, 77
FR 8101 (February 14, 2012).
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For entries of subject merchandise during the POR produced by
Laxcon for which it did not know that its merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate (i.e., 12.45 percent) \12\ if there is no rate
for the intermediate company(ies) involved in the transaction.\13\
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\12\ See Notice of Final Determination of Sales at Less Than
Fair Value: Stainless Steel Bar from India, 59 FR 66915, 66921
(December 28, 1994) (Order).
\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of this notice for all shipments of
SS Bar entered, or withdrawn from warehouse, for consumption on or
after the date of publication as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rates for the companies subject to this
review will be equal to the 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 12.45 percent, the all-others rate established in the
less-than-fair-value investigation for this proceeding.\14\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ See Order, 59 FR at 66921.
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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 the antidumping duties occurred and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction 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
proceeding. Timely written notification of the return/destruction 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 violation which is subject to sanction.
Notification to Interested Parties
Commerce is 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: August 31, 2022.
Lisa W. Wang,
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. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to the Venus Group
Comment 2: Whether Total AFA is Warranted Because Laxcon
Destroyed Certain Records
Comment 3: Whether Laxcon Failed Verification of Product
Physical Characteristics
Comment 4: Whether Laxcon Provided Complete U.S. Sales Data
Comment 5: Whether Laxcon Provided a Complete Home Market Sales
Database
Comment 6: Whether Laxcon Reported Accurate Packing Expenses
Comment 7: Whether Laxcon Withheld Information Regarding Certain
Home Market Sales
Comment 8: Whether Commerce Should Apply Total AFA to Laxcon
Comment 9: Ministerial Errors in the Preliminary Results for
Laxcon
[[Page 54970]]
VI. Recommendation
[FR Doc. 2022-19338 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P