Forged Steel Fluid End Blocks From Italy: Preliminary Results and Rescission of Antidumping Duty Administrative Review in Part; 2020-2021, 7686-7687 [2023-02386]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7686-7687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02386]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-840]


Forged Steel Fluid End Blocks From Italy: Preliminary Results and 
Rescission of Antidumping Duty Administrative Review in Part; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Lucchini Mame Forge S.p.A. (Lucchini), a producer/
exporter subject to this administrative review, made sales of forged 
steel fluid end blocks (fluid end blocks) at less than normal value. 
The period of review (POR) is July 23, 2020, through December 31, 2021. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable February 6, 2023.

FOR FURTHER INFORMATION CONTACT: Andre Gziryan, 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) 482-2201.

SUPPLEMENTARY INFORMATION: 

Background

    On January 29, 2021, Commerce published the antidumping duty order 
on fluid end blocks from Italy.\1\ On March 9, 2022, Commerce published 
the notice of initiation of the administrative review of the 
antidumping duty order on fluid end blocks from Italy.\2\ Commerce 
selected Lucchini for individual examination.\3\ On September 16, 2022, 
Commerce extended the time limit for these preliminary results to 
January 31, 2023, in accordance with section 751(a)(3)(A) of the Tariff 
Act of 1930, as amended (the Act).\4\ For a complete description of the 
events that followed the initiation of this review, see the Preliminary 
Decision Memorandum.\5\
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    \1\ See Forged Steel Fluid End Blocks from the Federal Republic 
of Germany and Italy: Amended Final Antidumping Duty Determination 
for the Federal Republic of Germany and Antidumping Duty Orders, 86 
FR 7528 (January 29, 2021) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 13252 (March 9, 2022).
    \3\ See Memorandum, ``Forged Steel Fluid End Blocks from Italy 
2020-2021: Respondent Selection,'' dated March 23, 2022.
    \4\ See Memorandum, ``Forged Steel Fluid End Blocks from Italy: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021,'' dated September 16, 2022.
    \5\ See Memorandum, ``Forged Steel Fluid End Blocks from Italy: 
Decision Memorandum for the Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order are fluid end blocks from 
Italy, whether in finished or unfinished form, and which are typically 
used in the manufacture or service of hydraulic pumps. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Export price and constructed export price are 
calculated in accordance with section 772 of the Act. Normal value 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. A list of the 
topics discussed in the Preliminary Decision Memorandum is included in 
the appendix 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.

Rescission of Administrative Review, in Part

    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. On May 6, 2022, the FEB Fair 
Trade Coalition, Ellwood Group (comprised of Ellwood City Forge 
Company, Ellwood Quality Steels Company, and Ellwood National Steel 
Company), and A. Finkl & Sons (collectively, the petitioners), withdrew 
their requests for review with respect to Metalcam S.p.A, IMER 
International S.p.A, Galperti Group, Mimest S.p.A, and P. Technologies 
S.r.L.\6\ Because the requests for review were timely withdrawn and no 
other parties requested a review of these companies, in accordance with 
19 CFR 351.213(d)(1), Commerce is partially rescinding this review of 
the Order for these five companies.
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    \6\ See Petitioners' Letter, ``Forged Steel Fluid End Blocks 
from Italy: Petitioners' Withdrawal of Request for 2020/2021 
Administrative Review for Certain Entities,'' dated May 6, 2022.
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Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists for the period July 23, 2020, 
through December 31, 2021:

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Lucchini Mame Forge S.p.A..................................        2.21
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review, 
pursuant to 19 CFR 351.212(b). For the companies for which we have 
rescinded this review, we intend to instruct CBP to assess antidumping 
duties on all appropriate entries at a rate equal to the cash deposit 
rate of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the POR, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
assessment instructions to CBP for the rescinded companies no earlier 
than 35 days after the date of publication of the preliminary results 
of this administrative review in the Federal Register.
    If the weighted-average dumping margin for Lucchini is not zero or 
de minimis (i.e., less than 0.50 percent) in the final results of this 
review, we intend to calculate an importer-specific

[[Page 7687]]

assessment rate based on the ratio of the total amount of dumping 
calculated for each importer's examined sales and the total entered 
value of those same sales in accordance with 19 CFR 351.212(b)(1).\7\ 
If Lucchini's 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 intends to instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\8\ The final 
results of this administrative review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\9\
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    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \8\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \9\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by 
Lucchini 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.\10\
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    \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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    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, 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 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 cash deposit rate published in the completed segment for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, or the less-than-fair-value (LTFV) investigation, but the 
producer is, 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; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 7.33 percent, the all-others rate 
established in the LTFV investigation.\11\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \11\ See Order, 86 FR at 7530.
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Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c)(1)(ii), 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.\12\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\13\ Parties who submit case 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.\14\
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    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
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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, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in case and rebuttal briefs. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\15\
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    \15\ See 19 CFR 351.310(c); see also 19 CFR 351.303 (for general 
filing requirements).
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    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, no later than 120 days after the date of 
publication of this notice in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A).

Notification to Importers

    This notice 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 and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of doubled antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and section 19 CFR 
351.221(b)(4).

    Dated: January 30, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-02386 Filed 2-3-23; 8:45 am]
BILLING CODE 3510-DS-P