Forged Steel Fluid End Blocks from India: Preliminary Results of Countervailing Duty Administrative Review; 2020-2021, 7943-7944 [2023-02534]

Download as PDF Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices 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 doubled antidumping duties. Notification to Interested Parties Regarding Administrative Protective Orders [FR Doc. 2023–02592 Filed 2–6–23; 8:45 am] BILLING CODE 3510–DS–P 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: February 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Companies Not Selected for Individual Examination V. Changes Since the Preliminary Results VI. Discussion of the Issues Comment 1: Whether Commerce Should Use Invoice Date as the U.S. Date of Sale Comment 2: Whether Section 232 Duties Should be Deducted from Export Price Comment 3: Whether Colakoglu’s Section 232 Payments Should Be Set to 25 Percent of Gross Unit Price Comment 4: Whether Commerce Should Revise Kaptan’s U.S. Duty Drawback Adjustment Comment 5: Whether Commerce Should Revise Colakoglu’s U.S. Duty Drawback Adjustment Comment 6: Whether Commerce Should Include in Its Calculations Certain Sales Made by Kaptan Comment 7: Whether Commerce Should Continue to Rely on the Cost Methodologies Applied in the Preliminary Results Comment 8: Whether Commerce Should Revise Its Percent Change Comparison Calculation for Colakoglu VerDate Sep<11>2014 18:52 Feb 06, 2023 Jkt 259001 Comment 9: Whether Commerce Should Correct Its Exempted Duty Drawback Cost Calculation for Colakoglu Comment 10: Whether Commerce Should Correct Its Exempted Duty Drawback Cost Calculation for Kaptan Comment 11: Whether Commerce Should Permit an Offset to Colakoglu’s General and Administrative (G&A) Expenses Comment 12: Whether Commerce Should Revise Kaptan’s Reported G&A Ratio VII. Recommendation DEPARTMENT OF COMMERCE International Trade Administration [C–533–894] Forged Steel Fluid End Blocks from India: Preliminary Results of Countervailing Duty Administrative Review; 2020–2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/ exporters of forged steel fluid end blocks (fluid end blocks) from India received countervailable subsidies during the period of review (POR) May 26, 2020, through December 31, 2021. Interested parties are invited to comment on these preliminary results. DATES: Applicable February 7, 2023. FOR FURTHER INFORMATION CONTACT: 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) 482–6187. AGENCY: Background On January 29, 2021, Commerce published the countervailing duty order on fluid end blocks from India.1 On March 9, 2022, Commerce published in the Federal Register a notice of initiation of an administrative review for the countervailing duty order on fluid end blocks from India.2 On September 15, 2022, Commerce extended the deadline for the 1 See Forged Steel Fluid End Blocks from the People’s Republic of China, the Federal Republic of Germany, India, and Italy: Countervailing Duty Orders, and Amended Final Affirmative Countervailing Duty Determination for the People’s Republic of China, 86 FR 7535 (January 29, 2021) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 13252 (March 9, 2022). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 7943 preliminary results of this administrative review by 120 days, until January 31, 2023.3 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included as 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. Scope of the Order The merchandise covered by this Order is fluid end blocks from India. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this countervailing duty administrative review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, we preliminarily determine that, for 2020 and 2021, the following estimated countervailable subsidy rates exist: 3 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review; 2020–2021,’’ dated September 15, 2022. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Countervailing Duty Administrative Review: Forged Steel Fluid End Blocks from India; 2020–2021,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\07FEN1.SGM 07FEN1 7944 Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices Company Bharat Forge Limited .................... Subsidy rate 2020 (percent ad valorem) Subsidy rate 2021 (percent ad valorem) 22.17 10.81 Assessment Rates Consistent with section 751(a)(2)(C) of the Act, upon issuance of the final results, Commerce shall determine, and Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. If the rate calculated for any respondent, in the final results is zero or de minimis, we will instruct CBP to liquidate all appropriate entries of subject merchandise without regard to countervailing duties. 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 Pursuant to section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts calculated for the year 2021 for Bharat Forge Limited, except, where the rate calculated in the final results is zero or de minimis, no cash deposit will be required on shipments of the subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all nonreviewed firms, CBP will continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. ddrumheller on DSK120RN23PROD with NOTICES Verification As provided in section 782(i)(3) of the Act, Commerce intends to verify the information relied upon here for its final results. Disclosure Commerce intends to disclose its calculations and analysis performed in reaching the preliminary results within five days of publication of these VerDate Sep<11>2014 18:52 Feb 06, 2023 Jkt 259001 preliminary results, in accordance with 19 CFR 351.224(b).6 Public Comment Case briefs or other written documents may be submitted to the Assistant Secretary for Enforcement and Compliance.7 A timeline for the submission of case and rebuttal briefs and written comments will be provided to interested parties at a later date. Pursuant to 19 CFR 351.309(c) and (d)(2), parties who wish to submit case or rebuttal briefs in this review are requested to submit for each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. All briefs must be filed electronically using ACCESS. Note that Commerce has temporarily modified certain of its requirements for service documents containing business proprietary information, until further notice.8 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must do so within 30 days after the date of publication of this notice by submitting a written request to the Assistant Secretary for Enforcement and Compliance via ACCESS. Hearing requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues addressed at the hearing will be limited to those raised in the briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. Parties should confirm the date and time of the hearing two days before the scheduled date. 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. Unless the deadline is extended, 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 their comments, 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)(1). 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 351.213 and 351.221(b)(4). 6 See 19 CFR 351.224(b). 19 CFR 351.309(c) and (d). 8 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 7 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Dated: January 31, 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. Period of Review IV. Scope of the Order V. Subsidies Valuation Information VI. Analysis of Programs VII. Recommendation [FR Doc. 2023–02534 Filed 2–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–475–841] Forged Steel Fluid End Blocks From Italy: Preliminary Results of Countervailing Duty Administrative Review, and Intent To Rescind Administrative Review in Part; 2020– 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/ exporters of forged steel fluid end blocks (fluid end blocks) from Italy received countervailable subsidies during the period of review (POR) May 26, 2020, through December 31, 2021. Interested parties are invited to comment on these preliminary results. SUMMARY: DATES: Applicable February 7, 2023. FOR FURTHER INFORMATION CONTACT: Brontee George or Richard Roberts, 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) 482–4656 or (202) 482–3464, respectively. Background On January 29, 2021, Commerce published the countervailing duty order on fluid end blocks from Italy.1 On March 9, 2022, Commerce initiated an 1 See Forged Steel Fluid End Blocks from the People’s Republic of China, the Federal Republic of Germany, India, and Italy: Countervailing Duty Orders, and Amended Final Affirmative Countervailing Duty Determination for the People’s Republic of China, 86 FR 7535 (January 29, 2021) (Order). E:\FR\FM\07FEN1.SGM 07FEN1

Agencies

[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7943-7944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02534]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-894]


Forged Steel Fluid End Blocks from India: Preliminary Results of 
Countervailing Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain producers/exporters of forged steel fluid end 
blocks (fluid end blocks) from India received countervailable subsidies 
during the period of review (POR) May 26, 2020, through December 31, 
2021. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable February 7, 2023.

FOR FURTHER INFORMATION CONTACT: 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) 482-6187.

Background

    On January 29, 2021, Commerce published the countervailing duty 
order on fluid end blocks from India.\1\ On March 9, 2022, Commerce 
published in the Federal Register a notice of initiation of an 
administrative review for the countervailing duty order on fluid end 
blocks from India.\2\ On September 15, 2022, Commerce extended the 
deadline for the preliminary results of this administrative review by 
120 days, until January 31, 2023.\3\
---------------------------------------------------------------------------

    \1\ See Forged Steel Fluid End Blocks from the People's Republic 
of China, the Federal Republic of Germany, India, and Italy: 
Countervailing Duty Orders, and Amended Final Affirmative 
Countervailing Duty Determination for the People's Republic of 
China, 86 FR 7535 (January 29, 2021) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 13252 (March 9, 2022).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review; 2020-2021,'' 
dated September 15, 2022.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as 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.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Countervailing Duty Administrative Review: Forged Steel 
Fluid End Blocks from India; 2020-2021,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this Order is fluid end blocks from 
India. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this countervailing duty administrative 
review in accordance with section 751(a)(l)(A) of the Tariff Act of 
1930, as amended (the Act). For each of the subsidy programs found to 
be countervailable, we preliminarily determine that there is a subsidy, 
i.e., a financial contribution by an ``authority'' that gives rise to a 
benefit to the recipient, and that the subsidy is specific.\5\ For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine that, for 
2020 and 2021, the following estimated countervailable subsidy rates 
exist:

[[Page 7944]]



------------------------------------------------------------------------
                                                  Subsidy      Subsidy
                                                 rate 2020    rate 2021
                    Company                     (percent ad  (percent ad
                                                  valorem)     valorem)
------------------------------------------------------------------------
Bharat Forge Limited..........................       22.17        10.81
------------------------------------------------------------------------

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries covered by this review. If the rate calculated for any 
respondent, in the final results is zero or de minimis, we will 
instruct CBP to liquidate all appropriate entries of subject 
merchandise without regard to countervailing duties. 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

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts calculated for the year 2021 for Bharat Forge 
Limited, except, where the rate calculated in the final results is zero 
or de minimis, no cash deposit will be required on shipments of the 
subject merchandise entered or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, CBP will continue to collect 
cash deposits of estimated countervailing duties at the all-others rate 
or the most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon here for its final results.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in reaching the preliminary results within five days of 
publication of these preliminary results, in accordance with 19 CFR 
351.224(b).\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Public Comment

    Case briefs or other written documents may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\7\ A timeline for 
the submission of case and rebuttal briefs and written comments will be 
provided to interested parties at a later date.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(c) and (d).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.309(c) and (d)(2), parties who wish to 
submit case or rebuttal briefs in this review are requested to submit 
for each argument: (1) a statement of the issue; (2) a brief summary of 
the argument; and (3) a table of authorities. All briefs must be filed 
electronically using ACCESS. Note that Commerce has temporarily 
modified certain of its requirements for service documents containing 
business proprietary information, until further notice.\8\
---------------------------------------------------------------------------

    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must do so within 30 days after the date of 
publication of this notice by submitting a written request to the 
Assistant Secretary for Enforcement and Compliance via ACCESS. Hearing 
requests should contain: (1) the party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Issues addressed at the hearing will be limited to those 
raised in the briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined. 
Parties should confirm the date and time of the hearing two days before 
the scheduled date. 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.
    Unless the deadline is extended, 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 their comments, 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)(1).

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 
351.213 and 351.221(b)(4).

    Dated: January 31, 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. Period of Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation

[FR Doc. 2023-02534 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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