Stainless Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2021-2022, 76176-76178 [2023-24496]
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76176
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Comment 9: Whether to Include
Dongyuan’s Bank Charges Noted at
Verification
Comment 10: Whether Commerce Should
Grant a Scrap Offset to Dongyuan
V. Recommendation
this administrative review until October
31, 2023.3 For a complete description of
the events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4
[FR Doc. 2023–24478 Filed 11–3–23; 8:45 am]
Scope of the Order
BILLING CODE 3510–DS–P
The merchandise covered by the
Order is stainless steel flanges from
India. For a full description of the scope
of the Order, see the Preliminary
Decision Memorandum.
Notification Regarding Administrative
Protective Order
This notice also serves as the final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
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 sanctionable violation.
Stainless Steel Flanges From India:
Preliminary Results of Antidumping
Duty Administrative Review and Partial
Rescission; 2021–2022
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
Comment 1: Whether Commerce Should
Select Romania as the Primary Surrogate
Country
Comment 2: Whether Commerce Should
Value Stainless Steel Using Romanian
Surrogate Value Data
Comment 3: Surrogate Value Source to
Value Clips
Comment 4: Whether Commerce Should
Exclude Taiwan Import Data from its
Calculation of the Surrogate Value for
Stainless Steel
Comment 5: Whether Commerce Will
Consider Supplemental Surrogate Value
Data for Labor
Comment 6: Whether Commerce Should
Apply Adverse Facts Available to Yingao
Comment 7: Whether Commerce Should
Grant Dongyuan a Double Remedies
Offset in its Margin Calculation
Comment 8: Verification Issues Related to
Dongyuan’s Reported Product Codes
VerDate Sep<11>2014
17:53 Nov 03, 2023
Jkt 262001
DEPARTMENT OF COMMERCE
International Trade Administration
Partial Rescission of Administrative
Review
[A–533–877]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that producers/exporters of
stainless steel flanges (flanges) from
India did not make sales of subject
merchandise in the United States at
prices below normal value (NV) during
the period of review (POR) October 1,
2021, through September 30, 2022. In
addition, we are rescinding this review
for one company. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4725 or (202) 482–0029,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2018, Commerce
published in the Federal Register an
antidumping duty order on flanges from
India.1 On December 5, 2022, based on
timely requests for review, Commerce
initiated an administrative review of the
Order covering 15 companies, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the
Act).2 On June 6, 2023, we extended the
deadline for the preliminary results of
1 See Stainless Steel Flanges from India:
Antidumping Duty Order, 83 FR 50639 (October 9,
2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
74404 (December 5, 2022); and Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2,
2023) (collectively, Initiation Notice).
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Sfmt 4703
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of the notice of
initiation. On March 2, 2023, we
received a timely withdrawal request
from R.N. Gupta & Company Limited.5
Because no other party requested a
review of this company, Commerce is
rescinding this review with respect to
R.N. Gupta & Company Limited, in
accordance with 19 CFR 351.213(d)(1).
Methodology
Commerce is conducting this review
in accordance with sections 751(a) of
the Act. We calculated export price and
constructed export price in accordance
with section 772 of the Act. We
calculated NV in accordance with
section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
I 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.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2021–2022 Antidumping
Duty Administrative Review,’’ dated June 6, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Stainless Steel Flanges
from India; 2021–2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See R.N. Gupta’s Letter, ‘‘Withdrawal of Antidumping Duty Administrative Review,’’ dated
March 2, 2023.
E:\FR\FM\06NON1.SGM
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. Pursuant to 19 CFR
351.212(b)(1), because the individuallyexamined respondents reported the
entered value for their U.S. sales, we
Weightedaverage
will calculate importer-specific ad
Exporter/producer
dumping
valorem antidumping duty assessment
margin
rates based on the ratio of the total
(percent)
amount of antidumping duties
Chandan Steel Limited .........
0.00 calculated for the examined sales to the
Kisaan Die Tech Private Limtotal entered value of those same sales.
ited ....................................
0.00 If either respondent’s weighted-average
Companies Not Selected for
dumping margin is zero or de minimis
Individual Review 6 ............
0.00 within the meaning of 19 CFR
351.106(c), or an importer-specific rate
Review-Specific Rate for Companies
is zero or de minimis, we will instruct
Not Selected for Individual Review
CBP to liquidate the appropriate entries
The Act and Commerce’s regulations
without regard to antidumping duties.
do not address the rate to be applied to
Commerce’s ‘‘automatic assessment’’
companies not selected for individual
practice will apply to entries of subject
examination when Commerce limits its
merchandise during the POR produced
examination in an administrative review by Chandan and KDT for which these
pursuant to section 777A(c)(2) of the
companies did not know that the
Act. Generally, Commerce looks to
merchandise they sold to an
section 735(c)(5) of the Act, which
intermediary (e.g., a reseller, trading
provides instructions for calculating the company, or exporter) was destined for
all-others rate in a less-than-fair value
the United States. We will instruct CBP
(LTFV) investigation, for guidance when to liquidate those entries at the allcalculating the rate for companies
others rate (i.e., 7.00 percent) 7 if there
which were not selected for individual
is no rate for the intermediate
examination in an administrative
company(ies) involved in the
review. Under section 735(c)(5)(A) of
transaction.8
the Act, the all-others rate is normally
For the companies which were not
an amount equal to the weighted
selected for individual review, we
average of the estimated weightedintend to assign an assessment rate
average dumping margins established
based on the review-specific average
for exporters and producers
rate, calculated as noted in the
individually investigated, excluding any ‘‘Preliminary Results of Review’’
zero or de minimis margins, and any
section, above. The final results of this
margins determined entirely on the
review shall be the basis for the
basis of facts available.
assessment of antidumping duties on
Where the dumping margins for
entries of merchandise covered by this
individually examined respondents are
review and for future deposits of
zero, de minimis, or determined based
estimated duties, where applicable.9
entirely on facts available, section
Commerce intends to issue
735(c)(5)(B) of the Act provides that
assessment instructions to CBP no
Commerce may use ‘‘any reasonable
earlier than 35 days after the date of
method to establish the estimated allpublication of the final results of this
others rate for exporters and producers
review in the Federal Register. If a
not individually investigated . . . .’’ In
timely summons is filed at the U.S.
this review, Commerce preliminarily
Court of International Trade, the
calculated weighted-average dumping
assessment instructions will direct CBP
margins for Chandan Steel Limited
not to liquidate relevant entries until the
(Chandan) and Kisaan Die Tech Private
time for parties to file a request for a
Limited (KDT) of zero percent.
statutory injunction has expired (i.e.,
Therefore, we are preliminarily
within 90 days of publication).
assigning a rate of zero percent to the
companies not selected for individual
7 See Stainless Steel Flanges from India: Notice of
examination, in accordance with section Court Decision Not in Harmony with the Final
Determination of Antidumping Investigation; Notice
735(c)(5)(B) of the Act.
ddrumheller on DSK120RN23PROD with NOTICES1
Preliminary Results of Review
We preliminarily determine the
following weighted-average dumping
margins exist for the period October 1,
2021, through September 30, 2022:
Assessment Rates
Upon completion of this
administrative review, Commerce shall
6 See Appendix II for the list of exporters and/or
producers not selected for individual review.
VerDate Sep<11>2014
17:53 Nov 03, 2023
Jkt 262001
of Amended Final Determination, 86 FR 50325
(September 8, 2021) (Amended Final
Determination).
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
9 See section 751(a)(2)(C) of the Act.
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76177
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 the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is de minimis
(i.e., less than 0.50 percent), in which
case the cash deposit rate will be zero;
(2) for previously reviewed or
investigated companies not covered by
this review, 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 examined; (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 recentlycompleted segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 7.00 percent, the all-others rate
established in the Amended Final
Determination.10 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed in connection with these
preliminary results to interested parties
within five days after the date of
publication of this notice in the Federal
Register.11 Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.12 Parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) a
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.13 Case and rebuttal
briefs should be filed using ACCESS.14
Note that Commerce has amended
10 See Amended Final Determination, 86 FR at
50326.
11 See 19 CFR 351.224(b).
12 Commerce is exercising its discretion, under 19
CFR 351.309(d), to alter the time limit for the filing
of rebuttal briefs.
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See generally 19 CFR 351.303.
E:\FR\FM\06NON1.SGM
06NON1
76178
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).15
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.16
Hearing requests should contain: (1) the
party’s name, address, and telephone
number; (2) the number of participants:
and (3) a list of the issues to be
discussed. Oral presentations at the
hearing will be limited to issues raised
in the case and rebuttal briefs.17 Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date. If a
request for a hearing is made, parties
will be notified of the time and date for
the hearing.18
Unless otherwise extended,
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 this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
ddrumheller on DSK120RN23PROD with NOTICES1
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
15 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310.
18 See 19 CFR 351.310(d).
17:53 Nov 03, 2023
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
List of Companies Not Selected for
Individual Examination
1. Balkrishna Steel Forge Pvt. Ltd.
2. BFN Forgings Private Limited; Bebitz
Flanges Works Private Limited;
Fanschen werk Bebitz GmbH; Viraj
Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj
Impoexpo, Ltd.; and Viraj Profiles
Limited 19
3. Echjay Forgings Private Limited
4. Fivebros Forging Pvt Ltd.20
5. Goodluck India Limited
6. Hilton Metal Forging Limited
7. Jai Auto Pvt. Ltd.
8. Jay Jagdamba Forgings Pvt Ltd
9. Jay Jagdamba Ltd
10. Jay Jagdamba Profile Pvt Ltd
11. Pradeep Metals Limited
12. Shree Jay Jagdamba Flanges Pvt. Ltd.
[FR Doc. 2023–24496 Filed 11–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of countervailing duties.
VerDate Sep<11>2014
Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Jkt 262001
[C–580–884]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review, 2021
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers/
exporters of certain hot-rolled steel flat
products (hot-rolled steel) from the
Republic of Korea (Korea) received
countervailable subsidies during the
period of review (POR) January 1, 2021,
through December 31, 2021.
AGENCY:
19 Commerce has previously found BFN Forgings
Private Limited to be part of a collapsed entity. See,
e.g., Stainless Steel Flanges from India: Final
Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Critical
Circumstance Determination, 83 FR 40745 (August
16, 2018). The companies which are part of this
collapsed entity are listed above.
20 We incorrectly listed this company as
‘‘Fivebros Pvt Ltd.’’ in the Initiation Notice. See
Initiation Notice, 87 FR at 74406.
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Additionally, Commerce is rescinding
this review with respect to 13
companies. We invite interested parties
to comment on these preliminary
results.
DATES:
Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Nathan James or Kelsie Hohenberger,
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) 482–5305 or
(202) 482–2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 5, 2022, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty order on hot-rolled
steel from Korea.1 On January 4, 2023,
Commerce selected Hyundai Steel
Company (Hyundai Steel) and POSCO
as mandatory respondents in this
administrative review.2 On June 15,
2023, Commerce extended the deadline
for the preliminary results of this review
to no later than October 31, 2023.3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
74404 (December 5, 2022); see also Certain HotRolled Steel Flat Products from Brazil and the
Republic of Korea: Amended Final Affirmative
Countervailing Duty Determinations and
Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
2 See Memorandum, ‘‘Respondent Selection,’’
dated January 4, 2023.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated June 15, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Certain Hot-Rolled Steel
Flat Products from the Republic of Korea; 2021,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
E:\FR\FM\06NON1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76176-76178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24496]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877]
Stainless Steel Flanges From India: Preliminary Results of
Antidumping Duty Administrative Review and Partial Rescission; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that producers/exporters of stainless steel flanges (flanges) from
India did not make sales of subject merchandise in the United States at
prices below normal value (NV) during the period of review (POR)
October 1, 2021, through September 30, 2022. In addition, we are
rescinding this review for one company. We invite interested parties to
comment on these preliminary results.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4725 or (202) 482-0029,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2018, Commerce published in the Federal Register an
antidumping duty order on flanges from India.\1\ On December 5, 2022,
based on timely requests for review, Commerce initiated an
administrative review of the Order covering 15 companies, in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\2\
On June 6, 2023, we extended the deadline for the preliminary results
of this administrative review until October 31, 2023.\3\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Stainless Steel Flanges from India: Antidumping Duty
Order, 83 FR 50639 (October 9, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 74404 (December 5, 2022); and
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 7060 (February 2, 2023) (collectively, Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
June 6, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Stainless
Steel Flanges from India; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is stainless steel flanges
from India. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation. On March 2, 2023, we received
a timely withdrawal request from R.N. Gupta & Company Limited.\5\
Because no other party requested a review of this company, Commerce is
rescinding this review with respect to R.N. Gupta & Company Limited, in
accordance with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\5\ See R.N. Gupta's Letter, ``Withdrawal of Anti-dumping Duty
Administrative Review,'' dated March 2, 2023.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a) of the Act. We calculated export price and constructed export
price in accordance with section 772 of the Act. We calculated NV in
accordance with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics included in the Preliminary Decision Memorandum is included as
Appendix I 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.
[[Page 76177]]
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margins exist for the period October 1, 2021, through September 30,
2022:
---------------------------------------------------------------------------
\6\ See Appendix II for the list of exporters and/or producers
not selected for individual review.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Chandan Steel Limited................................... 0.00
Kisaan Die Tech Private Limited......................... 0.00
Companies Not Selected for Individual Review \6\........ 0.00
------------------------------------------------------------------------
Review-Specific Rate for Companies Not Selected for Individual Review
The Act and Commerce's regulations do not address the 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 less-than-fair value (LTFV) 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.
Where the dumping margins for individually examined respondents are
zero, de minimis, or determined 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 . . . .'' In this
review, Commerce preliminarily calculated weighted-average dumping
margins for Chandan Steel Limited (Chandan) and Kisaan Die Tech Private
Limited (KDT) of zero percent. Therefore, we are preliminarily
assigning a rate of zero percent to the companies not selected for
individual examination, in accordance with section 735(c)(5)(B) of the
Act.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. Pursuant to 19 CFR
351.212(b)(1), because the individually-examined respondents reported
the entered value for their U.S. sales, we will calculate importer-
specific ad valorem antidumping duty assessment rates based on the
ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of those same sales. If
either respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Chandan and KDT for
which these companies did not know that the merchandise they sold to an
intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. We will instruct CBP to liquidate those
entries at the all-others rate (i.e., 7.00 percent) \7\ if there is no
rate for the intermediate company(ies) involved in the transaction.\8\
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\7\ See Stainless Steel Flanges from India: Notice of Court
Decision Not in Harmony with the Final Determination of Antidumping
Investigation; Notice of Amended Final Determination, 86 FR 50325
(September 8, 2021) (Amended Final Determination).
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the review-specific
average rate, calculated as noted in the ``Preliminary Results of
Review'' section, above. The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by this review and for future deposits of estimated
duties, where applicable.\9\
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\9\ See section 751(a)(2)(C) of the Act.
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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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
de minimis (i.e., less than 0.50 percent), in which case the cash
deposit rate will be zero; (2) for previously reviewed or investigated
companies not covered by this review, 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
examined; (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 of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 7.00 percent, the all-others rate
established in the Amended Final Determination.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ See Amended Final Determination, 86 FR at 50326.
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Disclosure and Public Comment
We intend to disclose the calculations performed in connection with
these preliminary results to interested parties within five days after
the date of publication of this notice in the Federal Register.\11\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\12\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\13\ Case and rebuttal briefs should be filed using
ACCESS.\14\ Note that Commerce has amended
[[Page 76178]]
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\15\
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\11\ See 19 CFR 351.224(b).
\12\ Commerce is exercising its discretion, under 19 CFR
351.309(d), to alter the time limit for the filing of rebuttal
briefs.
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See generally 19 CFR 351.303.
\15\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\16\
Hearing requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants: and (3) a list of the
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the case and rebuttal briefs.\17\ Parties
are reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date. If a request for a hearing
is made, parties will be notified of the time and date for the
hearing.\18\
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310.
\18\ See 19 CFR 351.310(d).
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Unless otherwise extended, 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 this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of doubled antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Balkrishna Steel Forge Pvt. Ltd.
2. BFN Forgings Private Limited; Bebitz Flanges Works Private
Limited; Fanschen werk Bebitz GmbH; Viraj Alloys, Ltd.; Viraj
Forgings, Ltd.; Viraj Impoexpo, Ltd.; and Viraj Profiles Limited
\19\
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\19\ Commerce has previously found BFN Forgings Private Limited
to be part of a collapsed entity. See, e.g., Stainless Steel Flanges
from India: Final Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Critical Circumstance
Determination, 83 FR 40745 (August 16, 2018). The companies which
are part of this collapsed entity are listed above.
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3. Echjay Forgings Private Limited
4. Fivebros Forging Pvt Ltd.\20\
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\20\ We incorrectly listed this company as ``Fivebros Pvt Ltd.''
in the Initiation Notice. See Initiation Notice, 87 FR at 74406.
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5. Goodluck India Limited
6. Hilton Metal Forging Limited
7. Jai Auto Pvt. Ltd.
8. Jay Jagdamba Forgings Pvt Ltd
9. Jay Jagdamba Ltd
10. Jay Jagdamba Profile Pvt Ltd
11. Pradeep Metals Limited
12. Shree Jay Jagdamba Flanges Pvt. Ltd.
[FR Doc. 2023-24496 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P
