Carbon and Alloy Steel Threaded Rod From India: Final Results of Antidumping Duty Administrative Review, 2021-2022, 75265-75267 [2023-24187]
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Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Notices
Dated: October 30, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–24251 Filed 11–1–23; 8:45 am]
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khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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16:32 Nov 01, 2023
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David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–24250 Filed 11–1–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–887]
Carbon and Alloy Steel Threaded Rod
From India: Final Results of
Antidumping Duty Administrative
Review, 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
carbon and alloy steel threaded rod
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
75265
(steel threaded rod) from India was sold
in the United States at below normal
value during the period of review (POR),
April 1, 2021, through March 31, 2022.
Commerce also determines that one
mandatory respondent did not make
sales of subject merchandise at below
normal value during the POR.
DATES: Applicable November 2, 2023.
FOR FURTHER INFORMATION CONTACT:
Nicolas Mayora or Samuel Frost, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3053 or (202) 482–8180,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 4, 2023, Commerce published
the Preliminary Results of this
administrative review and invited
parties to comment on the Preliminary
Results.1 This administrative review
covers 114 companies.2 Commerce
selected Kanika Exports (Kanika) and R
K Fasteners (India) (RKF) as the two
respondents for individual
examination.3 On August 17, 2023,
Commerce extended the deadline for the
final results of this review until October
31, 2023.4 For a complete description of
the events that followed the Preliminary
Results, see the Issues and Decision
Memorandum.5
Commerce conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 6
The merchandise covered by the
scope of this Order is carbon and alloy
1 See Carbon and Alloy Steel Threaded Rod from
India: Preliminary Results of Antidumping Duty
Administrative Review, 2021–2022, 88 FR 28502
(May 4, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165 (June 9, 2022); see also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9,
2022) (correcting the prior initiation notice that
inadvertently omitted one company).
3 See Memorandum, ‘‘Respondent Selection,’’
dated August 2, 2022.
4 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review: 2021–2022,’’ dated August 17, 2023.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Carbon and Alloy Steel Threaded Rod from India;
2021–2022,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
6 See Carbon and Alloy Steel Threaded Rod from
India: Amended Final Determination of Sales at
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02NON1
75266
Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Notices
steel threaded rod from India. A
complete description of the scope of the
Order is provided in the Issues and
Decision Memorandum.7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
interested parties in this review are
addressed in the Issues and Decision
Memorandum. A list of the issues is
attached to this notice at Appendix I.
The Issues and 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 Issues and
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
khammond on DSKJM1Z7X2PROD with NOTICES
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the margin calculations for
Kanika in these final results. We did not
make any change to RKF’s margin
calculations. For a discussion of these
changes, see the ‘‘Discussion of the
Issues’’ section of the Issues and
Decision Memorandum.
Rate for Non-Examined Companies
The Act and Commerce’s regulations
do not address the establishment of a
rate to be applied to companies not
selected for 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 and de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
Where the dumping margin for
individually examined respondents are
all zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of
Less Than Fair Value and Antidumping Duty Order,
85 FR 19925 (April 9, 2020) (Order).
7 See Issues and Decision Memorandum at
‘‘Scope of the Order.’’
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16:32 Nov 01, 2023
Jkt 262001
the entries by that importer will be
liquidated without regard to
antidumping duties. Because the
weighted-average dumping margin for
Kanika has been determined to be zero
percent, we intend to instruct CBP to
liquidate Kanika’s entries without
regard to antidumping duties in
accordance with 19 CFR 351.106(c)(2).
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Kanika or RKF for
which these companies did not know
that the merchandise was destined for
the United States, we will instruct CBP
to liquidate those entries at the allothers rate established in the original
less-than-fair-value (LTFV) investigation
of 0.00 percent,10 if there is no rate for
the intermediate company(ies) involved
in the transaction.11
Final Results of the Review
For the companies that were not
Commerce determines that the
selected for individual examination, we
following estimated weighted-average
will instruct CBP to liquidate entries at
dumping margins exist during the
the rate established in these final results
period April 1, 2021, through March 31, of review.
2022:
We intend to issue instructions to
CBP no earlier than 35 days after the
Weightedpublication date of the final results of
average
this review in the Federal Register. If a
Exporter/producer
dumping
timely summons is filed at the U.S.
margin
(percent)
Court of International Trade, the
assessment instructions will direct CBP
Kanika Exports .....................
0.00 not to liquidate relevant entries until the
R K Fasteners (India) ...........
2.37 time for parties to file a request for a
Companies Not Selected for
statutory injunction has expired (i.e.,
Individual Review 8 ............
2.37
within 90 days of publication).
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 margins of
2.37 percent for RKF and zero percent
for Kanika. Therefore, in accordance
with section 735(c)(5)(A) of the Act, we
are applying RKF’s weighted average
dumping margin of 2.37 percent to the
non-examined companies (see
Appendix II for a full list of these
companies), because this is the only rate
that is not zero, de minimis, or based
entirely on facts available.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed for these final results of
review within five days 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 U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results this review.9
For RKF, we calculated importerspecific assessment rates based on the
ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1). Where an importerspecific assessment rate is either zero or
de minimis (i.e., less than 0.5 percent),
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of these final results of
review in the Federal Register, as
provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for the
companies listed in these final results
will be equal to the weighted-average
dumping margin established in the final
results of this administrative review; (2)
for merchandise exported by producers
or exporters 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 for the most recentlycompleted segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
investigation but the producer is, then
10 See
8 See
Appendix II for a full list of these
companies.
9 See 19 CFR 351.212(b)(1).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Order, 85 FR at 19926.
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
11 See
E:\FR\FM\02NON1.SGM
02NON1
Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Notices
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 0.00 percent, the all-others rate
established in the LTFV investigation,
adjusted for the export-subsidy rate in
the companion countervailing duty
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 the POR. 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 Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under the 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
This notice is being issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 351.221(b)(5).
Dated: October 26, 2023
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
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: Whether Kanika’s Allocation
of Zinc Coating Costs is Inaccurate
12 See
Order, 85 FR at 19926.
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16:32 Nov 01, 2023
Jkt 262001
Comment 2: Whether Kanika’s Allocation
of Variable Overhead Costs is Inaccurate
Comment 3: Whether Kanika’s Allocation
of Fixed Overhead is Inaccurate
Comment 4: Whether Kanika Significantly
Manipulated Its Costs
Comment 5: Whether Commerce Should
Apply Total Adverse Facts Available
(AFA) to Kanika
Comment 6: Whether Kanika Misreported
Its Sales Information
Comment 7: Whether RKF Under-Reported
Its Freight Costs
Comment 8: Whether Commerce Should
Reject RKF’s Claim for Freight Revenue
VI. Recommendation
Appendix II
List of Companies Not Individually
Examined
1. A H Enterprises
2. Aadi Shree Fastener Industries
3. Aanjaney Micro Engy Pvt., Ltd.
4. Accurate Steel Forgings (I) Ltd.
5. Alps Industries Ltd.
6. Apex Thermocon Pvt., Ltd.
7. Ash Hammer Union
8. Astrotech Steels Pvt., Ltd.
9. Atlantic Container Line Pvt., Ltd.
10. Ats Exp. 07
11. Atz Shipping Trade & Transport Pvt.
12. BA Metal Processing
13. Babu Exports
14. Bee Dee Cycle Industries
15. Bhansali Inc.
16. Boston Exp. & Engineering Co.
17. C.H.Robinson International (India)
18. C.P.World Lines Pvt., Ltd.
19. Century Distribution Systems Inc.
20. Charu Enterprises
21. Chirag International
22. Daksh Fasteners
23. Dedicated Imp. & Exp. Co.
24. Dhiraj Alloy & Stainless Steel
25. Dsv Air and Sea Pvt., Ltd.
26. Eastman Industries Ltd.
27. Eos Precision
28. ESL Steel Ltd.
29. Everest Exp.
30. Everest Industrial Corporation
31. Farmparts Company
32. Fence Fixings
33. Fine Thread Form Industries
34. Galorekart Marketplace Pvt., Ltd.
35. Ganga Acrowools Ltd.
36. Ganpati Fastners Pvt., Ltd.
37. Gateway Engineering Solution
38. GDPA Fasteners
39. Gee Pee Overseas
40. Geodis India Pvt., Ltd. (Indel)
41. Goodgood Manufacturers
42. Idea Fasteners Pvt., Ltd.
43. Jindal Steel And Power Ltd.
44. JSW Steel Ltd.
45. Kanchan Trading Co.
46. Kanhaiya Lal Tandoor (P) Ltd.
47. Kapson India
48. Kapurthala Industrial Corporation
49. Karna International
50. Kei Industries Ltd.
51. King Exports
52. Kintetsu World Express In
53. Kova Fasteners Pvt., Ltd.
54. Linit Exp. Pvt., Ltd.
55. Mahajan Brothers
56. Maharaja International
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75267
57. Mangal Steel Enterprises Ltd.
58. Maya Enterprises
59. Meenakshi India, Ltd.
60. Metalink
61. MKA Engineers And Exporters Pvt., Ltd.
62. National Cutting Tools
63. Nishant Steel Industries
64. NJ Sourcing
65. Noahs Ark International Exp.
66. Nuovo Fastenings Pvt., Ltd.
67. Oia Global India Pvt., Ltd.
68. Otsusa India Pvt., Ltd.
69. Paloma Turning Co. Pvt., Ltd.
70. Patton International Ltd.
71. Perfect Tools & Forgings
72. Permali Wallace Pvt., Ltd.
73. Polycab India Ltd.
74. Pommada Hindustan Pvt., Ltd.
75. Poona Forge Pvt., Ltd.
76. Psl Pipe & Fittings Co.
77. R A Exp.
78. Raajratna Ventures Ltd.
79. Raashika Industries Pvt., Ltd.
80. Rajpan Group
81. Rambal Ltd.
82. Randack Fasteners India Pvt., Ltd.
83. Ratnveer Metals Ltd.
84. Rimjhim Ispat Ltd.
85. Rods & Fixing Fasteners
86. S K Overseas
87. S.M Forgings & Engineering
88. Sandip Brass Industries
89. Sandiya Exp. Pvt., Ltd.
90. Sansera Engineering Pvt., Ltd.
91. Shree Luxmi Fasteners
92. Silverline Metal Engineering Pvt. Lt
93. Singhania International Ltd.
94. Sri Satya Sai Enterprises
95. Steampulse Global Llp
96. Steel Authority Of India Ltd.
97. Suchi Fasteners Pvt., Ltd.
98. Supercon Metals Pvt., Ltd.
99. Tekstar Pvt., Ltd.
100. The Technocrats Co.
101. Tijiya Exp. Pvt., Ltd.
102. Tijiya Steel Pvt., Ltd.
103. Tong Heer Fasteners
104. Trans Tool Pvt., Ltd.
105. Universal Engineering and Fabricat
106. V.J Industries Pvt., Ltd.
107. Vidushi Wires Pvt., Ltd.
108. Vrl Automation
109. VV Marine Pvt., Ltd.
110. Yogendra International
111. Zenith Steel Pipes And Industries L
112. Zenith Precision Pvt., Ltd.
[FR Doc. 2023–24187 Filed 11–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–054]
Certain Aluminum Foil From the
People’s Republic of China: Final
Results of Countervailing Duty
Administrative; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
AGENCY:
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02NON1
]]>Agencies
[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75265-75267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24187]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-887]
Carbon and Alloy Steel Threaded Rod From India: Final 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) determines that
carbon and alloy steel threaded rod (steel threaded rod) from India was
sold in the United States at below normal value during the period of
review (POR), April 1, 2021, through March 31, 2022. Commerce also
determines that one mandatory respondent did not make sales of subject
merchandise at below normal value during the POR.
DATES: Applicable November 2, 2023.
FOR FURTHER INFORMATION CONTACT: Nicolas Mayora or Samuel Frost, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3053 or (202) 482-8180,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 4, 2023, Commerce published the Preliminary Results of this
administrative review and invited parties to comment on the Preliminary
Results.\1\ This administrative review covers 114 companies.\2\
Commerce selected Kanika Exports (Kanika) and R K Fasteners (India)
(RKF) as the two respondents for individual examination.\3\ On August
17, 2023, Commerce extended the deadline for the final results of this
review until October 31, 2023.\4\ For a complete description of the
events that followed the Preliminary Results, see the Issues and
Decision Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Threaded Rod from India:
Preliminary Results of Antidumping Duty Administrative Review, 2021-
2022, 88 FR 28502 (May 4, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 87 FR 48459 (August 9, 2022) (correcting the prior
initiation notice that inadvertently omitted one company).
\3\ See Memorandum, ``Respondent Selection,'' dated August 2,
2022.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review: 2021-2022,'' dated August
17, 2023.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Carbon and Alloy Steel Threaded Rod from India; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order 6
---------------------------------------------------------------------------
\6\ See Carbon and Alloy Steel Threaded Rod from India: Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 85 FR 19925 (April 9, 2020) (Order).
---------------------------------------------------------------------------
The merchandise covered by the scope of this Order is carbon and
alloy
[[Page 75266]]
steel threaded rod from India. A complete description of the scope of
the Order is provided in the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum at ``Scope of the
Order.''
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by interested parties in this review are addressed in the
Issues and Decision Memorandum. A list of the issues is attached to
this notice at Appendix I. The Issues and 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 Issues
and Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculations for Kanika in these final results.
We did not make any change to RKF's margin calculations. For a
discussion of these changes, see the ``Discussion of the Issues''
section of the Issues and Decision Memorandum.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for 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 and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
Where the dumping margin 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
margins of 2.37 percent for RKF and zero percent for Kanika. Therefore,
in accordance with section 735(c)(5)(A) of the Act, we are applying
RKF's weighted average dumping margin of 2.37 percent to the non-
examined companies (see Appendix II for a full list of these
companies), because this is the only rate that is not zero, de minimis,
or based entirely on facts available.
Final Results of the Review
Commerce determines that the following estimated weighted-average
dumping margins exist during the period April 1, 2021, through March
31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Kanika Exports.......................................... 0.00
R K Fasteners (India)................................... 2.37
Companies Not Selected for Individual Review \8\........ 2.37
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to interested parties the calculations
performed for these final results of review within five days of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
---------------------------------------------------------------------------
\8\ See Appendix II for a full list of these companies.
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results
this review.\9\
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\9\ See 19 CFR 351.212(b)(1).
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For RKF, we calculated importer-specific assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). Where an importer-specific
assessment rate is either zero or de minimis (i.e., less than 0.5
percent), the entries by that importer will be liquidated without
regard to antidumping duties. Because the weighted-average dumping
margin for Kanika has been determined to be zero percent, we intend to
instruct CBP to liquidate Kanika's entries without regard to
antidumping duties in accordance with 19 CFR 351.106(c)(2).
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Kanika or
RKF for which these companies did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation of 0.00 percent,\10\ if there is no
rate for the intermediate company(ies) involved in the transaction.\11\
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\10\ See Order, 85 FR at 19926.
\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies that were not selected for individual
examination, we will instruct CBP to liquidate entries at the rate
established in these final results of review.
We intend to issue instructions to CBP no earlier than 35 days
after the 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of these
final results of review in the Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed in these final results will be equal to the weighted-average
dumping margin established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters 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 for the most recently-completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review, a prior review, or the original
investigation but the producer is, then
[[Page 75267]]
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 0.00 percent, the all-others rate
established in the LTFV investigation, adjusted for the export-subsidy
rate in the companion countervailing duty investigation.\12\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See Order, 85 FR at 19926.
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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 the POR. 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 Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the 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
This notice is being issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and
351.221(b)(5).
Dated: October 26, 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: Whether Kanika's Allocation of Zinc Coating Costs is
Inaccurate
Comment 2: Whether Kanika's Allocation of Variable Overhead
Costs is Inaccurate
Comment 3: Whether Kanika's Allocation of Fixed Overhead is
Inaccurate
Comment 4: Whether Kanika Significantly Manipulated Its Costs
Comment 5: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to Kanika
Comment 6: Whether Kanika Misreported Its Sales Information
Comment 7: Whether RKF Under-Reported Its Freight Costs
Comment 8: Whether Commerce Should Reject RKF's Claim for
Freight Revenue
VI. Recommendation
Appendix II
List of Companies Not Individually Examined
1. A H Enterprises
2. Aadi Shree Fastener Industries
3. Aanjaney Micro Engy Pvt., Ltd.
4. Accurate Steel Forgings (I) Ltd.
5. Alps Industries Ltd.
6. Apex Thermocon Pvt., Ltd.
7. Ash Hammer Union
8. Astrotech Steels Pvt., Ltd.
9. Atlantic Container Line Pvt., Ltd.
10. Ats Exp. 07
11. Atz Shipping Trade & Transport Pvt.
12. BA Metal Processing
13. Babu Exports
14. Bee Dee Cycle Industries
15. Bhansali Inc.
16. Boston Exp. & Engineering Co.
17. C.H.Robinson International (India)
18. C.P.World Lines Pvt., Ltd.
19. Century Distribution Systems Inc.
20. Charu Enterprises
21. Chirag International
22. Daksh Fasteners
23. Dedicated Imp. & Exp. Co.
24. Dhiraj Alloy & Stainless Steel
25. Dsv Air and Sea Pvt., Ltd.
26. Eastman Industries Ltd.
27. Eos Precision
28. ESL Steel Ltd.
29. Everest Exp.
30. Everest Industrial Corporation
31. Farmparts Company
32. Fence Fixings
33. Fine Thread Form Industries
34. Galorekart Marketplace Pvt., Ltd.
35. Ganga Acrowools Ltd.
36. Ganpati Fastners Pvt., Ltd.
37. Gateway Engineering Solution
38. GDPA Fasteners
39. Gee Pee Overseas
40. Geodis India Pvt., Ltd. (Indel)
41. Goodgood Manufacturers
42. Idea Fasteners Pvt., Ltd.
43. Jindal Steel And Power Ltd.
44. JSW Steel Ltd.
45. Kanchan Trading Co.
46. Kanhaiya Lal Tandoor (P) Ltd.
47. Kapson India
48. Kapurthala Industrial Corporation
49. Karna International
50. Kei Industries Ltd.
51. King Exports
52. Kintetsu World Express In
53. Kova Fasteners Pvt., Ltd.
54. Linit Exp. Pvt., Ltd.
55. Mahajan Brothers
56. Maharaja International
57. Mangal Steel Enterprises Ltd.
58. Maya Enterprises
59. Meenakshi India, Ltd.
60. Metalink
61. MKA Engineers And Exporters Pvt., Ltd.
62. National Cutting Tools
63. Nishant Steel Industries
64. NJ Sourcing
65. Noahs Ark International Exp.
66. Nuovo Fastenings Pvt., Ltd.
67. Oia Global India Pvt., Ltd.
68. Otsusa India Pvt., Ltd.
69. Paloma Turning Co. Pvt., Ltd.
70. Patton International Ltd.
71. Perfect Tools & Forgings
72. Permali Wallace Pvt., Ltd.
73. Polycab India Ltd.
74. Pommada Hindustan Pvt., Ltd.
75. Poona Forge Pvt., Ltd.
76. Psl Pipe & Fittings Co.
77. R A Exp.
78. Raajratna Ventures Ltd.
79. Raashika Industries Pvt., Ltd.
80. Rajpan Group
81. Rambal Ltd.
82. Randack Fasteners India Pvt., Ltd.
83. Ratnveer Metals Ltd.
84. Rimjhim Ispat Ltd.
85. Rods & Fixing Fasteners
86. S K Overseas
87. S.M Forgings & Engineering
88. Sandip Brass Industries
89. Sandiya Exp. Pvt., Ltd.
90. Sansera Engineering Pvt., Ltd.
91. Shree Luxmi Fasteners
92. Silverline Metal Engineering Pvt. Lt
93. Singhania International Ltd.
94. Sri Satya Sai Enterprises
95. Steampulse Global Llp
96. Steel Authority Of India Ltd.
97. Suchi Fasteners Pvt., Ltd.
98. Supercon Metals Pvt., Ltd.
99. Tekstar Pvt., Ltd.
100. The Technocrats Co.
101. Tijiya Exp. Pvt., Ltd.
102. Tijiya Steel Pvt., Ltd.
103. Tong Heer Fasteners
104. Trans Tool Pvt., Ltd.
105. Universal Engineering and Fabricat
106. V.J Industries Pvt., Ltd.
107. Vidushi Wires Pvt., Ltd.
108. Vrl Automation
109. VV Marine Pvt., Ltd.
110. Yogendra International
111. Zenith Steel Pipes And Industries L
112. Zenith Precision Pvt., Ltd.
[FR Doc. 2023-24187 Filed 11-1-23; 8:45 am]
BILLING CODE 3510-DS-P
