Finished Carbon Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 54957-54959 [2022-19367]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54957-54959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19367]


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DEPARTMENT OF COMMERCE

International Trade Administration

[[A-533-871]


Finished Carbon Steel Flanges From India: Preliminary 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) preliminarily finds 
that producers and/or exporters subject to this administrative review 
made sales of subject merchandise at less than normal value (NV) during 
the period of review (POR) August 1, 2020, through July 31, 2021. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable September 8, 2022.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Preston Cox, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-5041, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 24, 2017, Commerce published in the Federal Register the 
antidumping duty order on finished carbon steel flanges from India.\1\ 
On August 2, 2021, Commerce published a notice of opportunity to 
request an administrative review of the Order.\2\ Between August 12 and 
30, 2021, Commerce received timely requests for an administrative 
review from the petitioners,\3\ Norma Group,\4\ R.N. Gupta & Co. Ltd. 
(RNG), Munish Forge Private Limited (Munish), Jai Auto Pvt. Ltd. of 
India (Jai Auto), Cetus Engineering Private Limited (Cetus), and 
Balkrishna Steel Forge Pvt. Ltd. (Balkrishna).\5\ On October 7, 2021, 
Commerce published a notice of initiation of an administrative review 
of the Order with respect to 42 companies.\6\ On November 2, 2021, 
Commerce selected Norma Group and RNG as mandatory respondents in this 
administrative review.\7\ On April 29, 2022, Commerce extended the time 
period for issuing these preliminary results by 120 days until August 
31, 2022, in accordance with section 751(a)(3)(A) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.213(h)(2).\8\
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    \1\ See Finished Carbon Steel Flanges from India and Italy: 
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 41436, 41437 (August 2, 2021).
    \3\ The petitioners are Weldbend Corporation and Boltex 
Manufacturing Co., L.P.
    \4\ In prior segments of this proceeding, we determined that 
Norma (India) Limited, USK Exports Private Limited, Uma Shanker 
Khandelwal & Co., and Bansidhar Chiranjilal were affiliated and 
should be collapsed and treated as a single entity (Norma Group). 
See Finished Carbon Steel Flanges from India: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 82 FR 9719 (February 8, 2017), and accompanying 
Preliminary Decision Memorandum, at 4-5, unchanged in Finished 
Carbon Steel Flanges from India: Final Determination of Sales at 
Less Than Fair Value, 82 FR 29483 (June 29, 2017); Finished Carbon 
Steel Flanges from India: Preliminary Results of Antidumping Duty 
Administrative Review; 2017-2018, 84 FR 57848 (October 29, 2019), 
unchanged in Finished Carbon Steel Flanges from India: Final Results 
of Antidumping Duty Administrative Review; 2017-2018, 85 FR 21391 
(April 17, 2020); Finished Carbon Steel Flanges from India: 
Preliminary Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2018-2019, 85 FR 83051 
(December 21, 2021), unchanged in Finished Carbon Steel Flanges from 
India: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2018-2019, 86 FR 33226 (June 
24, 2021); and Finished Carbon Steel Flanges from India: Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR 
50048 (September 7, 2021), unchanged in Finished Carbon Steel 
Flanges from India: Final Results of Antidumping Duty Administrative 
Review; 2019-2020, 87 FR 13701 (March 10, 2022). In this review, 
Norma (India) Limited and its affiliated entities have affirmed that 
the factual basis on which Commerce made its prior determinations 
has not changed. See Norma Group's Letter, ``Finished Carbon Steel 
Flanges from India: 1st Supplemental Response to Section C and D of 
Anti-Dumping Duty Original Questionnaire,'' dated July 1, 2022, at 
2-4. Therefore, Commerce continues to collapse and treat these four 
companies as a single entity.
    \5\ See Petitioners' Letter, ``Finished Carbon Steel Flanges 
from India: Request for Administrative Review,'' dated August 31, 
2021; Norma Group's Letter, ``Finished Carbon Steel Flanges from 
India: Request for Anti-Dumping Duty Administrative Review for Norma 
(India) Limited, USK Export Private Limited, Umashanker Khandelwal 
and Co. and Bansidhar Chiranjilal,'' dated August 30, 2021; RNG's 
Letter, ``Finished Carbon Steel Flanges from India: Request for 
Anti-Dumping Duty Administrative Review, dated August 30, 2021; 
Munish's Letter, ``Finished Carbon Steel Flanges from India: Request 
for Anti-Dumping Duty Administrative Review,'' dated August 12, 
2021; Jai Auto's Letter, ``Finished Carbon Steel Flanges from India: 
Request for Anti-Dumping Duty Administrative Review for Jai Auto 
Pvt. Ltd during POR August 01, 2020 to July 31, 2021,'' dated August 
30, 2021; Cetus' Letter, ``Finished Carbon Steel Flanges from India: 
Request for Anti-Dumping Duty Administrative Review for Cetus 
Engineering Private Limited during POR August 01, 2020 to July 31, 
2021,'' dated August 30, 2021; and Balkrishna's Letter, ``Finished 
Carbon Steel Flanges from India: Request for Anti-Dumping Duty 
Administrative Review for Balkrishna Steel Forge Pvt. Ltd. during 
POR August 01, 2020 to July 31, 2021,'' dated August 30, 2021.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55811 (October 7, 2021) (Initiation 
Notice).
    \7\ See Memorandum, ``Antidumping Duty Administrative Review of 
Finished Carbon Steel Flanges from India: Respondent Selection,'' 
dated November 2, 2021.
    \8\ See Memorandum, ``Finished Carbon Steel Flanges from India: 
Extension of Preliminary Results of Antidumping Duty Administrative 
Review; 2020-21,'' dated April 29, 2022.

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[[Page 54958]]

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\9\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as 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.
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    \9\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Finished Carbon 
Steel Flanges from India; 2020-2021,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is finished carbon steel 
flanges. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act and 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.

Rate for Non-Selected Companies

    The Act and Commerce's regulations do not address the establishment 
of a 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 market economy 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} .''
    In this administrative review, we preliminarily calculated 
weighted-average dumping margins for Norma Group and RNG that are not 
zero, de minimis, or determined entirely on the basis of facts 
available. Accordingly, Commerce is preliminarily assigning to the 
companies not individually examined, listed in Appendix II, a margin of 
0.79 percent, which is the weighted average of Norma Group's margin and 
RNG's margin based on publicly ranged data.\10\
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    \10\ See Memorandum, ``Preliminary Results of the Antidumping 
Duty Administrative Review of Finished Carbon Steel Flanges from 
India; 2020-21: Calculation of Margin for Respondents Not Selected 
for Individual Examination,'' dated concurrently with this notice; 
see also, 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 (November 23, 2020); 
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).
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Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period August 1, 2020, through July 31, 
2021:

------------------------------------------------------------------------
                                                        Weighted-average
                  Producer/exporter                      dumping margin
                                                           (percent)
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R.N. Gupta & Co. Ltd.................................               0.69
Norma (India) Limited/USK Export Private Limited/Uma                0.94
 Shanker Khandelwal & Co./Bansidhar Chiranjilal \11\.
Non-Selected Companies \12\..........................               0.79
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Disclosure and Public Comment
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    \11\ Commerce initiated on ``Uma Shanker Khandelwal & Co.'' and 
``UmaShanker Khandelwal and Co.'' based on the requests for 
administrative review that Commerce received from interested 
parties. See Initiation Notice. Because of the minor differences in 
the spelling of these company names, we have combined them under the 
name Uma Shanker Khandelwal & Co., which is part of the collapsed 
entity, Norma Group.
    \12\ See Appendix II for a list of companies not selected for 
individual examination.
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    Commerce will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\13\ 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results.\14\ Rebuttal 
briefs, limited to issues raised in case briefs, may be filed no later 
than seven days after the date for filing case briefs.\15\ Pursuant to 
19 CFR 351.309(c)(2) and (d)(2), parties who submit arguments are 
requested to submit with the argument: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.
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    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 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).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
using Enforcement and Compliance's ACCESS system within 30 days of the 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants, 
whether any participant is a foreign national; and (3) a list of the 
issues to be discussed. Issues addressed during the hearing will be 
limited to those raised in the respective case and rebuttal briefs.\16\ 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a time and date to be determined. Parties should confirm the 
date and time of the hearing two days before the scheduled date.
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    \16\ See 19 CFR 351.310(c).
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    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. Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\17\
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    \17\ See Temporary Rule.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2),

[[Page 54959]]

Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in any written briefs, no later than 120 days after the 
date of publication of these preliminary results.

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. If the weighted-average dumping 
margin for a mandatory respondent is not zero or de minimis in the 
final results of this review, we will calculate an importer-specific 
assessment rate 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 such sales in accordance with 19 CFR 
351.212(b)(1).\18\ If the weighted-average dumping margin is zero or de 
minimis in the final results of review, or if an importer-specific 
assessment rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\19\ 
For entries of subject merchandise during the period of review produced 
by the respondents for which they did not know its merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries pursuant to the reseller policy, i.e., the 
assessment rate for such entries will be the all-others rate 
established in the investigation if there is no rate for the 
intermediate company(ies) involved in the transaction.\20\
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    \18\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \19\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \20\ 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 
examination, we intend to assign an assessment rate based on the 
methodology described in the ``Rate for Non-Examined Companies'' 
section.
    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). The final results of this administrative 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise under review and for future cash deposits of 
estimated antidumping duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the final results of this 
administrative review for all shipments of the subject merchandise 
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 rate for companies subject to this review will be 
equal to the company-specific weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by a company not covered in this review but 
covered in a prior 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 less-than-
fair-value investigation, but the producer is, then the cash deposit 
rate will be the rate established in the most recently completed 
segment of the proceeding for the producer of the merchandise; and (4) 
the cash deposit rate for all other producers or exporters will 
continue to be 8.91 percent, the all-others rate established in the 
less-than-fair-value investigation.\21\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \21\ See Order, 82 FR at 40138.
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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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    These preliminary results of review are issued and published 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 I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rates for Non-Examined Companies
V. Discussion of the Methodology
VI. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Adinath International
2. Allena Group
3. Alloyed Steel
4. Balkrishna Steel Forge Pvt. Ltd.
5. Bebitz Flanges Works Private Limited
6. C. D. Industries
7. Cetus Engineering Private Limited
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. Mascot Metal Manufacturers
20. M F Rings and Bearing Races Ltd.
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works
24. Raaj Sagar Steels
25. Ravi Ratan Metal Industries
26. R. D. Forge
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge Pvt. Ltd.
36. Umashanker Khandelwal Forging Limited

[FR Doc. 2022-19367 Filed 9-7-22; 8:45 am]
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