Finished Carbon Steel Flanges From India: Final Results of Antidumping Duty Administrative Review; 2020-2021, 15668-15671 [2023-05149]
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Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices
intent to participate in these sunset
reviews from Stanley Black & Decker
(the domestic interested party) within
15 days after the date of publication of
the Initiation Notice.3 The domestic
interested party claimed interested party
status under section 771(9)(C) of the Act
as a producer of a domestic like product
in the United States.4
Commerce received timely, adequate
substantive responses to the Initiation
Notice from the domestic interested
party within the 30-day period specified
in 19 CFR 351.218(d)(3)(i).5 We did not
receive substantive responses from any
other interested parties.
On January 25, 2023, Commerce
notified the U.S. International Trade
Commission (ITC) that it did not receive
an adequate substantive response from
other interested parties.6 As a result, in
accordance with section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited, i.e., 120-day
sunset reviews of the Orders.
Scope of the Orders
The products covered by these Orders
are certain metal tool chests and tool
cabinets, with drawers, from China and
Vietnam. The scope covers all metal tool
chests and cabinets, including top
chests, intermediate chests, tool
cabinets and side cabinets, storage units,
mobile work benches, and work stations
and that have the following physical
characteristics:
(1) A body made of carbon, alloy, or
stainless steel and/or other metals;
(2) two or more drawers for storage in
each individual unit;
(3) a width (side to side) exceeding 15
inches for side cabinets and exceeding
ddrumheller on DSK120RN23PROD with NOTICES1
3 See
Domestic Interested Party’s Letters, ‘‘Five
Year (‘‘Sunset’’) Review of the Antidumping Duty
Order on Tool Chests and Cabinets from China—
Domestic Interested Party’s Notice of Intent to
Participate,’’ dated December 15, 2022; see also
‘‘Five Year (‘‘Sunset’’) Review of the Antidumping
Duty Order on Tool Chests and Cabinets from
Vietnam—Domestic Interested Party’s Notice of
Intent to Participate,’’ dated December 15, 2022
(Notices of Intent to Participate). The petitioner in
the underlying investigation, Waterloo Industries
Inc. (Waterloo), was acquired by Stanley Black &
Decker Corporation on July 28, 2017, and now
operates under the Stanley Black & Decker name.
4 Id.
5 See Domestic Interested Party’s Letters, ‘‘Five
Year (‘‘Sunset’’) Review of the Antidumping Duty
Order on Tool Chests and Cabinets from China—
Domestic Interested Party’s Substantive Response,’’
dated January 3, 2023 (China Substantive
Response); see also ‘‘Five Year (‘‘Sunset’’) Review
of the Antidumping Duty Order on Tool Chests and
Cabinets from Vietnam—Domestic Interested
Party’s Substantive Response,’’ dated January 3,
2023 (Vietnam Substantive Response).
6 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated December 1, 2022,’’ dated January 25,
2023.
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21 inches for all other individual units
but not exceeding 60 inches;
(4) a body depth (front to back)
exceeding 10 inches but not exceeding
24 inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width
parameter applies to each individual
unit, i.e., each individual top chest,
intermediate top chest, tool cabinet, side
cabinet, storage unit, mobile work
bench, and work station. Merchandise
subject to these Orders is classified
under HTSUS categories 9403.20.0021,
9403.20.0026, 9403.20.0030,
9403.20.0080, 9403.20.0090, and
7326.90.8688, but may also be classified
under HTSUS category 7326.90.3500.
While HTSUS subheadings are provided
for convenience and Customs purposes,
the written description of the scope of
these Orders is dispositive.
A full description of the scope of the
Orders is contained in the Issues and
Decision Memorandum.7
Analysis of Comments Received
All issues raised in these sunset
reviews are addressed in the Issues and
Decision Memorandum, including the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins of dumping likely to prevail if
the Orders were revoked.8 A list of
topics discussed in the Issues and
Decision Memorandum is included as
the appendix to this notice. The Issues
and 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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would be likely to lead to continuation
or recurrence of dumping and that the
magnitude of the margins of dumping
likely to prevail would be at a rate up
to 244.29 percent for China, and up to
327.17 percent for Vietnam.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Expedited Sunset Reviews of
the Antidumping Duty Orders on Certain Tool
Chests and Cabinets from the People’s Republic of
China, and the Socialist Republic of Vietnam,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
8 Id.
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Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
these final results and notice in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act, and 19 CFR
351.221(c)(5)(ii).
Dated: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of Margin of Dumping Likely
to Prevail
VII. Final Results of Expedited Sunset
Reviews
VIII. Recommendation
[FR Doc. 2023–05170 Filed 3–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–871]
Finished Carbon Steel Flanges From
India: Final Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
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.
DATES: Applicable March 14, 2023.
FOR FURTHER INFORMATION CONTACT: Fred
Baker or Preston Cox, AD/CVD
AGENCY:
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Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices
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 (AD) order on
finished carbon steel flanges from
India.1 On September 8, 2022,
Commerce published the Preliminary
Results of this administrative review in
the Federal Register.2 We invited
interested parties to comment on the
Preliminary Results.3 Between October
11 and 18, 2022, interested parties
submitted case and rebuttal briefs.4 On
December 21, 2022, we extended the
deadline for these final results until
March 7, 2022.5 This administrative
review covers 41 producers and/or
exporters of the subject merchandise.6
Commerce selected R.N. Gupta & Co.
Ltd. (RNG) and Norma Group 7 for
individual examination. The producers/
exporters not selected for individual
examination are referenced in the ‘‘Final
Results of Administrative Review’’
section below and listed in Appendix II
of this notice. For a complete
description of the events that followed
the Preliminary Results, see the Issues
and Decision Memorandum.8 Commerce
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
The merchandise covered by the
Commerce looks to section 735(c)(5) of
Order is finished carbon steel flanges.
the Act, which provides instructions for
For a complete description of the scope
of the Order, see the Issues and Decision calculating the all-others rate in a
market economy investigation, for
Memorandum.
guidance when calculating the rate for
Analysis of Comments Received
companies which were not selected for
individual examination in an
All issues raised in the case and
rebuttal briefs filed by interested parties administrative review. Under section
735(c)(5)(A) of the Act, the all-others
in this review are discussed in the
rate is normally ‘‘an amount equal to the
Issues and Decision Memorandum. A
weighted average of the estimated
list of the issues which parties raised,
weighted average dumping margins
and to which we responded in the
established for exporters and producers
Issues and Decision Memorandum, is
individually investigated, excluding any
attached as Appendix I to this notice.
zero or de minimis margins, and any
The Issues and Decision Memorandum
margins determined entirely {on the
is a public document and is on file
basis of facts available}.’’
electronically via Enforcement and
In this administrative review, we
Compliance’s Antidumping and
preliminarily calculated weightedCountervailing Duty Centralized
average dumping margins for RNG and
Electronic Service System (ACCESS).
Norma Group that are not zero, de
ACCESS is available to registered users
at https://access.trade.gov. In addition, a minimis (i.e., less than 0.5 percent), or
determined entirely on the basis of facts
complete version of the Issues and
Decision Memorandum can be accessed available. For these final results, we
continue to calculate weighted-average
directly at https://access.trade.gov/
dumping margins for RNG and Norma
public/FRNoticesListLayout.aspx.
Group that are not zero, de minimis, or
Changes Since the Preliminary Results
determined entirely on the basis of facts
available. Accordingly, Commerce is
Based on a review of the record and
assigning to the companies not
our analysis of the comments received,
individually examined, listed in
Commerce made certain changes to the
Appendix II, a margin of 0.84 percent,
Preliminary Results. For detailed
information, see the Issues and Decision which is the weighted average of RNG’s
margin and Norma Group’s margin
Memorandum.
based on publicly ranged data.9
Rate for Non-Selected Respondents
Final Results of Administrative Review
The Act and Commerce’s regulations
Scope of the Order
do not address the establishment of a
rate to be applied to companies not
selected for individual examination
when Commerce limits its examination
For these final results, we determine
that the following weighted-average
dumping margins exist for the period
August 1, 2020, through July 31, 2021:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
ddrumheller on DSK120RN23PROD with NOTICES1
R.N. Gupta & Co. Ltd ..........................................................................................................................................................................
Norma (India) Limited/USK Export Private Limited/Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal .....................................
Non-Selected Companies 10 ................................................................................................................................................................
1 See Finished Carbon Steel Flanges from India
and Italy: Antidumping Duty Orders, 82 FR 40136
(August 24, 2017) (Order).
2 See Finished Carbon Steel Flanges from India:
Preliminary Results of Antidumping Duty
Administrative Review; 2020–2021, 87 FR 54957
(September 8, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
3 See Preliminary Results, 87 FR at 54958.
4 See Weldbend Corporation’s Letter, ‘‘Petitioner’s
Case Brief,’’ dated October 11, 2022; R.N. Gupta &
Co. Ltd.’s Letter, ‘‘Rebuttal Brief of R.N. Gupta &
Company Limited,’’ dated October 18, 2022; and
Norma (India) Limited’s Letter, ‘‘Rebuttal Brief of
Norma (India) Limited and its Affiliates,’’ dated
October 18, 2022.
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15669
5 See Memorandum, ‘‘Extension of Deadline for
Final Results,’’ dated December 21, 2022.
6 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811 (October 7, 2021). 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. Because of the
minor differences in the spelling of these company
names, we combined them under the name Uma
Shanker Khandelwal & Co.
7 Commerce continues to treat Norma (India)
Limited, USK Exports Private Limited, Uma
Shanker Khandelwal & Co., and Bansidhar
Chiranjilal (collectively, Norma Group) as a
collapsed single entity for the final results of this
PO 00000
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0.73
1.00
0.84
administrative review. See Preliminary Results
PDM at 1; see also Finished Carbon Steel Flanges
from India: Final Results of Antidumping Duty
Administrative Review; 2019–2020, 87 FR 13701
(March 10, 2022).
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the antidumping Duty
Order on Finished Carbon Steel Flanges from India;
2020–2021,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
9 See Memorandum, ‘‘Calculation of Margin for
Respondents Not Selected for Individual
Examination,’’ dated concurrently with this notice.
10 See Appendix II for a list of companies not
selected for individual examination.
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Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices
Disclosure
Commerce intends to disclose the
calculations performed for these final
results to parties in this proceeding
within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce shall determine and CBP
shall assess antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. For RNG and
Norma Group, we calculated importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of those
sales in accordance with 19 CFR
351.212(b)(1). Where an importerspecific assessment rate is zero or de
minimis, the entries by that importer
will be liquidated without regard to
antidumping duties. For entries of
subject merchandise during the POR
produced by RNG or Norma Group for
which the producer did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate in the less-than-fair-value
investigation if there is no rate for the
intermediate company(ies) involved in
the transaction.11 For the companies
identified in Appendix II that were not
selected for individual examination, we
will instruct CBP to liquidate entries at
the rates established in these final
results of review.
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 cash deposit
requirements will be effective upon
publication in the Federal Register of
these final results of administrative
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
11 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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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 allothers rate established in the less-thanfair-value investigation.12 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this 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.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
These final 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)(5).
12 See
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Order, 82 FR at 40138.
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Dated: March 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. Discussion of the Issues
Comment 1: Constructed Value Profit and
Indirect Selling Expenses
Comment 2: Norma Group’s Interest
Expenses
Comment 3: Operating Expenses Related to
RNG’s Affiliates
Comment 4: Calculation of RNG’s Interest
Expense Ratio
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 13
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
13 See Finished Carbon Steel Flanges from India:
Notice of Initiation and Preliminary Results of
Changed Circumstances Review, 87 FR 34251 (June
6, 2022), and accompanying Preliminary Decision
Memorandum at 4, unchanged in Finished Carbon
Steel Flanges from India: Final Results of Changed
Circumstances Review, 87 FR 44337 (July 26, 2022).
On July 26, 2022, Commerce published the final
results of an antidumping duty changed
circumstances review of Finished Carbon Steel
Flanges from India. Commerce found that BFN
Forgings Private Limited (BFN) is the successor-ininterest to Bebitz Flanges Works Private Limited
(Bebitz). Effective August 14, 2020, Bebitz changed
its name to BFN, which is during the POR. Cash
deposits of estimated antidumping duties required
pursuant to the final results of this review will be
applied to BFN. Commerce intends to instruct CBP
to liquidate entries made during the POR by Bebitz,
and entries made after August 14, 2020, by BFN, at
the rates established in these final results of review.
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Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices
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. 2023–05149 Filed 3–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–914]
Light-Walled Rectangular Pipe and
Tube From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Hangzhou Ailong Metal Products Co.,
Ltd. (Ailong) made U.S. sales of lightwalled rectangular pipe and tube
(LWRPT) from the People’s Republic of
China (China) at less than normal value
during the period of review (POR)
August 1, 2020, through July 31, 2021.
DATES: Applicable March 14, 2023.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4162.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 9, 2022, Commerce
published the Preliminary Results and
invited interested parties to comment.1
For details regarding the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum. Commerce conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
ddrumheller on DSK120RN23PROD with NOTICES1
Scope of the Order 2
The scope of the Order is certain
welded carbon quality light-walled steel
1 See Light-Walled Rectangular Pipe and Tube
from the People’s Republic of China: Preliminary
Results of the Antidumping Duty Administrative
Review; 2020–2021, 87 FR 55392 (September 9,
2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Light-Walled Rectangular Pipe and Tube
from Mexico, the People’s Republic of China, and
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pipe and tube, of rectangular (including
square) cross section, having a wall
thickness of less than 4 millimeters. For
a full description of the scope, see the
Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs filed in this
administrative review in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues raised in the case and rebuttal
briefs to which we responded in the
Issues and Decision Memorandum is
included in the appendix to this notice.
The Issues and Decision Memorandum
is a public document and is 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Exporter
Hangzhou Ailong Metal Products Co.,
Ltd ......................................................
15671
Weightedaverage
dumping
margin
(percent)
63.16
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
parties in this review within five days
after public announcement of the final
results or, if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
We are assigning the following
dumping margin to the firm listed below
for the period August 1, 2020, through
July 31, 2021:
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b)(1), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.3
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication date 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).
Where the respondent’s weightedaverage dumping margin is zero or de
minimis, or where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.4 For entries that
were not reported in the U.S. sales
database submitted by an exporter
individually examined during this
review, but that entered under the case
number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), Commerce will instruct
CBP to liquidate such entries at the
China-wide rate (i.e., 264.64 percent).5
For any individually-examined
respondent whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), we will calculate
importer-specific assessment rates on
the Republic of Korea: Antidumping Duty Orders;
Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final
Determination of Sales at Less Than Fair Value, 73
FR 45403 (August 5, 2008) (Order).
3 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
4 Id.
5 See Order, 73 FR 45403.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, and for the reasons
explained in the Issues and Decision
Memorandum, we made a change from
the Preliminary Results involving the
surrogate value (SV) for labor. As noted
in the Issues and Decision
Memorandum, we determined that
forced labor practices in Malaysia
resulted in our Malaysian-based labor
SV being unsuitable for use. Therefore,
we instead used the SV for labor on the
record from Romania, one of the
potential surrogate countries in this
administrative review.
Separate Rates
No parties commented on our
preliminary separate rate findings.
Therefore, we have continued to grant
Ailong (the mandatory respondent)
separate rate status.
Final Results of Review
PO 00000
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]]>Agencies
[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15668-15671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05149]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges From India: Final Results of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
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.
DATES: Applicable March 14, 2023.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Preston Cox, AD/CVD
[[Page 15669]]
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 (AD) order on finished carbon steel flanges from
India.\1\ On September 8, 2022, Commerce published the Preliminary
Results of this administrative review in the Federal Register.\2\ We
invited interested parties to comment on the Preliminary Results.\3\
Between October 11 and 18, 2022, interested parties submitted case and
rebuttal briefs.\4\ On December 21, 2022, we extended the deadline for
these final results until March 7, 2022.\5\ This administrative review
covers 41 producers and/or exporters of the subject merchandise.\6\
Commerce selected R.N. Gupta & Co. Ltd. (RNG) and Norma Group \7\ for
individual examination. The producers/exporters not selected for
individual examination are referenced in the ``Final Results of
Administrative Review'' section below and listed in Appendix II of this
notice. For a complete description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum.\8\
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
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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 Finished Carbon Steel Flanges from India: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021, 87 FR
54957 (September 8, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\3\ See Preliminary Results, 87 FR at 54958.
\4\ See Weldbend Corporation's Letter, ``Petitioner's Case
Brief,'' dated October 11, 2022; R.N. Gupta & Co. Ltd.'s Letter,
``Rebuttal Brief of R.N. Gupta & Company Limited,'' dated October
18, 2022; and Norma (India) Limited's Letter, ``Rebuttal Brief of
Norma (India) Limited and its Affiliates,'' dated October 18, 2022.
\5\ See Memorandum, ``Extension of Deadline for Final Results,''
dated December 21, 2022.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021). 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. Because of the minor
differences in the spelling of these company names, we combined them
under the name Uma Shanker Khandelwal & Co.
\7\ Commerce continues to treat Norma (India) Limited, USK
Exports Private Limited, Uma Shanker Khandelwal & Co., and Bansidhar
Chiranjilal (collectively, Norma Group) as a collapsed single entity
for the final results of this administrative review. See Preliminary
Results PDM at 1; see also Finished Carbon Steel Flanges from India:
Final Results of Antidumping Duty Administrative Review; 2019-2020,
87 FR 13701 (March 10, 2022).
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the antidumping Duty
Order on Finished Carbon Steel Flanges from India; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice (Issues
and 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
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are discussed in the Issues and
Decision Memorandum. A list of the issues which parties raised, and to
which we responded in the Issues and Decision Memorandum, is attached
as Appendix I to this notice. The Issues and 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 Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and our analysis of the comments
received, Commerce made certain changes to the Preliminary Results. For
detailed information, see the Issues and Decision Memorandum.
Rate for Non-Selected Respondents
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 RNG and Norma Group that are not
zero, de minimis (i.e., less than 0.5 percent), or determined entirely
on the basis of facts available. For these final results, we continue
to calculate weighted-average dumping margins for RNG and Norma Group
that are not zero, de minimis, or determined entirely on the basis of
facts available. Accordingly, Commerce is assigning to the companies
not individually examined, listed in Appendix II, a margin of 0.84
percent, which is the weighted average of RNG's margin and Norma
Group's margin based on publicly ranged data.\9\
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\9\ See Memorandum, ``Calculation of Margin for Respondents Not
Selected for Individual Examination,'' dated concurrently with this
notice.
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Final Results of Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period August 1, 2020, through
July 31, 2021:
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\10\ See Appendix II for a list of companies not selected for
individual examination.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
R.N. Gupta & Co. Ltd.................................... 0.73
Norma (India) Limited/USK Export Private Limited/Uma 1.00
Shanker Khandelwal & Co./Bansidhar Chiranjilal.........
Non-Selected Companies \10\............................. 0.84
------------------------------------------------------------------------
[[Page 15670]]
Disclosure
Commerce intends to disclose the calculations performed for these
final results to parties in this proceeding within five days of the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine and CBP shall assess
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. For RNG and Norma
Group, we calculated importer-specific assessment rates on the basis of
the ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of those sales in accordance
with 19 CFR 351.212(b)(1). Where an importer-specific assessment rate
is zero or de minimis, the entries by that importer will be liquidated
without regard to antidumping duties. For entries of subject
merchandise during the POR produced by RNG or Norma Group for which the
producer did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate in the less-than-fair-value investigation if there is
no rate for the intermediate company(ies) involved in the
transaction.\11\ For the companies identified in Appendix II that were
not selected for individual examination, we will instruct CBP to
liquidate entries at the rates established in these final results of
review.
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\11\ 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 cash deposit requirements will be effective upon
publication in the Federal Register of these final results of
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication date, 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.\12\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\12\ See Order, 82 FR at 40138.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
These final 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)(5).
Dated: March 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. Discussion of the Issues
Comment 1: Constructed Value Profit and Indirect Selling
Expenses
Comment 2: Norma Group's Interest Expenses
Comment 3: Operating Expenses Related to RNG's Affiliates
Comment 4: Calculation of RNG's Interest Expense Ratio
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 \13\
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\13\ See Finished Carbon Steel Flanges from India: Notice of
Initiation and Preliminary Results of Changed Circumstances Review,
87 FR 34251 (June 6, 2022), and accompanying Preliminary Decision
Memorandum at 4, unchanged in Finished Carbon Steel Flanges from
India: Final Results of Changed Circumstances Review, 87 FR 44337
(July 26, 2022). On July 26, 2022, Commerce published the final
results of an antidumping duty changed circumstances review of
Finished Carbon Steel Flanges from India. Commerce found that BFN
Forgings Private Limited (BFN) is the successor-in-interest to
Bebitz Flanges Works Private Limited (Bebitz). Effective August 14,
2020, Bebitz changed its name to BFN, which is during the POR. Cash
deposits of estimated antidumping duties required pursuant to the
final results of this review will be applied to BFN. Commerce
intends to instruct CBP to liquidate entries made during the POR by
Bebitz, and entries made after August 14, 2020, by BFN, at the rates
established in these final results of review.
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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
[[Page 15671]]
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. 2023-05149 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P
