Stainless Steel Bar From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 14118-14120 [2023-04574]
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14118
Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Mark
Crace, IC Liaison, Bureau of Industry
and Security, phone 202–482–8093 or
by email at mark.crace@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
Voluntary self-disclosures allow BIS
to conduct investigations of the
disclosed incidents faster than would be
the case if BIS had to detect the
violations without such disclosures. As
a result, BIS is able to devote more of
its resources to detecting non-disclosed
violations. The information obtained
through this collection may also provide
leads to uncover other violations. In
some cases, the information might be
shared with other law enforcement
agencies investigating suspected
violations of the ECRA and the EAR or,
in appropriate instances, agencies
investigating violations of other statutes
or with foreign governments.
II. Method of Collection
Paper.
ddrumheller on DSK120RN23PROD with NOTICES1
III. Data
OMB Control Number: 0694–0132.
Form Number(s): None.
Type of Review: Regular submission,
extension of a current information
collection.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
15.
Estimated Time per Response: 10 to
600 hours.
Estimated Total Annual Burden
Hours: 4,220.
Estimated Total Annual Cost to
Public: 0.
Respondent’s Obligation: Voluntary.
Legal Authority: Sections 4812(b)(7)
and 4814(b)(1)(B) of the Export Control
Reform Act (ECRA).
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2023–04603 Filed 3–6–23; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–810]
Stainless Steel Bar From India:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on stainless
steel bar from India. The period of
review (POR) is February 1, 2021,
through January 31, 2022. This review
covers four producers/exporters of the
subject merchandise. We preliminarily
determine that subject merchandise has
not been sold at less than at normal
value during this POR. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable March 7, 2023.
1 See Antidumping Duty Orders: Stainless Steel
Bar from Brazil, India and Japan, 60 FR 9661
(February 21, 1995) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
21619 (April 12, 2022).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated October
17, 2022.
4 See Memorandum, ‘‘Stainless Steel Bar from
India: Decision Memorandum for Preliminary
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19:49 Mar 06, 2023
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AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Mary Kolberg, 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) 482–1785.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 1995, Commerce
published the antidumping duty order
on stainless steel bar from India.1 On
April 12, 2022, based on timely requests
for administrative reviews, Commerce
initiated an administrative review of the
Order,2 and subsequently selected
Laxcon Steels Limited (Laxcon), as the
sole mandatory respondent. On October
17, 2022, we extended the preliminary
results until February 28, 2023.3
Scope of the Order
The product covered by this Order is
stainless steel bar from India. For a full
description of the scope, see the
Preliminary Decision Memorandum.4
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). Export price and constructed
export price are calculated in
accordance with section 772 of the Act.
NV is calculated in accordance with
section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of the
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 made available
to the public 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.
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period February 1,
2021, through January 31, 2022:
Results of Antidumping Duty Administrative
Review; 2021–2022,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum), at 2–3.
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
14119
Weightedaverage
dumping margin
(percent)
Producer/exporter
Laxcon Steels Limited, and its affiliates, Ocean Steels Private Limited, Metlax International Private Limited, Parvati Private
Limited, and Mega Steels Private Limited 5 ...............................................................................................................................
0.00
Non-Selected Companies
ddrumheller on DSK120RN23PROD with NOTICES1
Venus Wire Industries Pvt. Ltd., and its affiliates, Precision Metals, Hindustan Inox Ltd., and Sieves Manufacturers (India)
Pvt. Ltd.6 ....................................................................................................................................................................................
Bhansali Bright Bars Pvt. Ltd ........................................................................................................................................................
Bhansali Inc ...................................................................................................................................................................................
Rate for Companies Not Individually
Examined
The Act and Commerce’s regulations
do not address the establishment of a
weighted-average dumping margin 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 lessthan-fair-value (LTFV) investigation, for
guidance when calculating the
weighted-average dumping margin 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 examined, excluding any
margins that are zero, de minimis (i.e.,
less than 0.5 percent), or determined
entirely on the basis of facts available.
However, where the dumping margins
for individually examined respondents
are all zero, de minimis, or based
entirely on facts available, section
735(c)(5)(B) of the Act provides that
Commerce may use ‘‘any reasonable
method to establish the estimated allothers rate for exporters and producers
not individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’ In this
review, we have calculated a weightedaverage dumping margin for Laxcon, the
sole mandatory respondent, that is zero.
Consistent with section 735(c)(5)(B) of
the Act, we are assigning to the three
companies not selected for individual
examination, Venus Group, Bhansali
Bright Bars Pvt. Ltd., and Bhansali Inc.,
5 Collectively, these companies are known as
Laxcon.
6 Collectively, these companies are known as
Venus Group.
VerDate Sep<11>2014
19:49 Mar 06, 2023
Jkt 259001
the zero percent rate calculated for the
mandatory respondent, Laxcon.
Disclosure
We intend to disclose the calculations
performed for these preliminary results
to the interested parties within five days
after public announcement of the
preliminary results in accordance with
19 CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to the Assistant Secretary for
Enforcement and Compliance not later
than 30 days after the date of
publication of this notice, unless
Commerce alters the time limit. 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.7 Parties who submit case briefs or
rebuttal briefs in this administrative
review 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.8
Note that Commerce has temporarily
modified certain of its requirements for
service of documents containing
business proprietary information, until
further notice.9
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. An
electronically filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.10 Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
7 See 19 CFR 351.309(d); see also 19 CFR 351.303
(for general filing requirements).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
10 See 19 CFR 351.310(c).
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0.00
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs.
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,
not later than 120 days after the date of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act, unless
extended.
Assessment Rate
Upon issuance of the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.11 If a respondent’s weightedaverage dumping margin is above de
minimis in the final results of this
review, we will calculate an importerspecific 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 the
sales in accordance with 19 CFR
351.212(b)(1).12 If a respondent’s
weighted-average dumping margin or an
importer-specific assessment rate is zero
or de minimis in the final results of
review, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties in
accordance with the Final Modification
for Reviews.13
For entries of subject merchandise
during the POR produced by Laxcon for
which they did not know their
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
11 See
19 CFR 351.212(b).
these preliminary 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) (Final Modification for
Reviews).
13 Id., 77 FR at 8103; see also 19 CFR
351.106(c)(2).
12 In
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
intermediate company(ies) involved in
the transaction.
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 deposits of estimated
duties, where applicable.
We intend to issue assessment
instructions to CBP no earlier than 35
days after 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 cash deposit
requirements for estimated antidumping
duties will be effective upon publication
of the notice of final results of this
review for all shipments of stainless
steel bar from India 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 the company listed
above will be 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 companies not
covered in this review but covered in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the LTFV investigation but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be the
12.45 percent, the all-others rate
established in the LTFV investigation.14
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
ddrumheller on DSK120RN23PROD with NOTICES1
Notification to Importers
This notice 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
14 See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Bar from
India, 59 FR 66915, 66921 (December 28, 1994).
VerDate Sep<11>2014
19:49 Mar 06, 2023
Jkt 259001
of the relevant entries during this period
of review. 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
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.221(b)(4).
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy 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. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–04574 Filed 3–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–909]
Barium Chloride From India:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order on barium chloride from
India.
AGENCY:
DATES:
Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold or Harrison Tanchuck,
AD/CVD Operations, Office VI,
Enforcement and Compliance, U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1121
and (202) 482–4798, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on January 6, 2023, Commerce
published its affirmative final
determination in the countervailing
duty investigation of barium chloride
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Frm 00007
Fmt 4703
Sfmt 4703
from India.1 On February 17, 2023, the
ITC notified Commerce of its final
determination, pursuant to sections
705(b)(1)(A)(i) and 705(d) of the Act,
that an industry in the United States is
materially injured by reason of
subsidized imports of barium chloride
from India.2
Scope of the Order
The scope of the order is barium
chloride from India. For a complete
description of the scope of this order,
see the appendix to this notice.
Countervailing Duty Order
As noted above, on February 17, 2023,
in accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the
ITC notified Commerce of its final
determination in this investigation, in
which it found that an industry in the
United States is materially injured by
reason of imports of barium chloride
from India. Therefore, in accordance
with sections 705(c)(2) and 706 of the
Act, Commerce is issuing this
countervailing duty order. Because the
ITC determined that imports of barium
chloride from India are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from India,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of countervailing duties.
In accordance with section 706(a) of
the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
assess, upon further instruction by
Commerce, countervailing duties for all
relevant entries of barium chloride from
India. With the exception of entries
occurring after the provisional measures
period and before the publication of the
ITC’s final affirmative injury
determination, as further described
below, countervailing duties will be
assessed on unliquidated entries of
barium chloride from India entered, or
withdrawn from warehouse, for
consumption on or after June 17, 2022,
the date of publication of the
Preliminary Determination.3
Suspension of Liquidation and Cash
Deposits
In accordance with section 706 of the
Act, Commerce will direct CBP to
1 See Barium Chloride From India: Final
Affirmative Countervailing Duty Determination, 88
FR 1044 (January 6, 2021) (Final Determination).
2 See ITC’s Letter, ‘‘Investigation No. 701–TA–678
(Final),’’ dated February 17, 2023 (ITC Notification
Letter); see also Barium Chloride from India, 88 FR
11476 (February 23, 2023).
3 See Barium Chloride from India: Preliminary
Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 87 FR 36460
(June 17, 2022) (Preliminary Determination).
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]]>Agencies
[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14118-14120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04574]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on stainless steel
bar from India. The period of review (POR) is February 1, 2021, through
January 31, 2022. This review covers four producers/exporters of the
subject merchandise. We preliminarily determine that subject
merchandise has not been sold at less than at normal value during this
POR. We invite interested parties to comment on these preliminary
results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, 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) 482-1785.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 1995, Commerce published the antidumping duty order
on stainless steel bar from India.\1\ On April 12, 2022, based on
timely requests for administrative reviews, Commerce initiated an
administrative review of the Order,\2\ and subsequently selected Laxcon
Steels Limited (Laxcon), as the sole mandatory respondent. On October
17, 2022, we extended the preliminary results until February 28,
2023.\3\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Orders: Stainless Steel Bar from
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619 (April 12, 2022).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated October 17, 2022.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this Order is stainless steel bar from
India. For a full description of the scope, see the Preliminary
Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Stainless Steel Bar from India: Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum), at
2-3.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
price and constructed export price are calculated in accordance with
section 772 of the Act. NV is calculated in accordance with section 773
of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
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 made available to the public 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.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period February 1, 2021, through January
31, 2022:
[[Page 14119]]
------------------------------------------------------------------------
Weighted- average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Laxcon Steels Limited, and its affiliates, Ocean 0.00
Steels Private Limited, Metlax International Private
Limited, Parvati Private Limited, and Mega Steels
Private Limited \5\.................................
------------------------------------------------------------------------
Non-Selected Companies
------------------------------------------------------------------------
Venus Wire Industries Pvt. Ltd., and its affiliates, 0.00
Precision Metals, Hindustan Inox Ltd., and Sieves
Manufacturers (India) Pvt. Ltd.\6\..................
Bhansali Bright Bars Pvt. Ltd........................ 0.00
Bhansali Inc......................................... 0.00
------------------------------------------------------------------------
Rate for Companies Not Individually Examined
---------------------------------------------------------------------------
\5\ Collectively, these companies are known as Laxcon.
\6\ Collectively, these companies are known as Venus Group.
---------------------------------------------------------------------------
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin 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
less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin 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 examined, excluding any margins that are zero,
de minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available. However, where the dumping margins for
individually examined respondents are all zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act provides
that Commerce may use ``any reasonable method to establish the
estimated all-others rate for exporters and producers not individually
investigated, including averaging the estimated weighted average
dumping margins determined for the exporters and producers individually
investigated.'' In this review, we have calculated a weighted-average
dumping margin for Laxcon, the sole mandatory respondent, that is zero.
Consistent with section 735(c)(5)(B) of the Act, we are assigning to
the three companies not selected for individual examination, Venus
Group, Bhansali Bright Bars Pvt. Ltd., and Bhansali Inc., the zero
percent rate calculated for the mandatory respondent, Laxcon.
Disclosure
We intend to disclose the calculations performed for these
preliminary results to the interested parties within five days after
public announcement of the preliminary results in accordance with 19
CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to the Assistant Secretary for Enforcement and Compliance not
later than 30 days after the date of publication of this notice, unless
Commerce alters the time limit. 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.\7\ Parties who submit case briefs or
rebuttal briefs in this administrative review 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.\8\ Note that Commerce
has temporarily modified certain of its requirements for service of
documents containing business proprietary information, until further
notice.\9\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ 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 submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\10\ 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 the
respective case briefs. 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, not later than 120 days after
the date of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act, unless extended.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rate
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\11\ If a
respondent's weighted-average dumping margin is above de minimis in the
final results of this review, we will calculate an importer-specific
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 the sales in accordance with 19 CFR 351.212(b)(1).\12\ If a
respondent's weighted-average dumping margin or an importer-specific
assessment rate is zero or de minimis in the final results of review,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties in accordance with the Final Modification
for Reviews.\13\
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\11\ See 19 CFR 351.212(b).
\12\ In these preliminary 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) (Final Modification for
Reviews).
\13\ Id., 77 FR at 8103; see also 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by
Laxcon for which they did not know their merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate if there is no rate for the
[[Page 14120]]
intermediate company(ies) involved in the transaction.
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 deposits of estimated duties, where
applicable.
We intend to issue assessment instructions to CBP no earlier than
35 days after 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 cash deposit requirements for estimated antidumping
duties will be effective upon publication of the notice of final
results of this review for all shipments of stainless steel bar from
India 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 the company listed above will be
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 companies not covered in this review
but covered in a prior segment of this proceeding, the cash deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the LTFV investigation but the producer is,
the cash deposit rate will be the rate established for the most
recently completed segment for the producer of the merchandise; (4) the
cash deposit rate for all other producers or exporters will continue to
be the 12.45 percent, the all-others rate established in the LTFV
investigation.\14\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\14\ See Notice of Final Determination of Sales at Less Than
Fair Value: Stainless Steel Bar from India, 59 FR 66915, 66921
(December 28, 1994).
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Notification to Importers
This notice 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 period of review. 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
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4).
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy 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. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-04574 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P
