Forged Steel Fluid End Blocks From India: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Administrative Review, in Part; 2022, 7373-7375 [2024-02139]
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
specific AD/CVD certifications. For
years, Commerce has used certification
requirements as a way for parties to
support claims concerning the
applicability of an AD/CVD order to
merchandise that they are producing,
exporting and/or importing.1 More
recently, on September 20, 2021,
Commerce published amendments to its
existing regulations at 19 CFR part 351
to strengthen and improve the
administration and enforcement of the
AD/CVD laws.2 Included in this final
rule is the new regulation at 19 CFR
351.228, which became applicable on
October 20, 2021, that codifies and
enhances Commerce’s existing authority
and practice to require certifications by
importers and other interested parties as
to whether merchandise is subject to an
AD/CVD order. Pursuant to 19 CFR
351.228(a)(1)(i)–(iii), the Secretary of
Commerce may determine in the context
of an AD/CVD proceeding that an
importer or other interested party shall
‘‘maintain a certification for entries of
merchandise into the customs territory
of the United States,’’ ‘‘provide a
certification by electronic means at the
time of entry or entry summary,’’ or
‘‘otherwise demonstrate compliance
with a certification requirement as
determined by the Secretary, in
consultation with the Customs Service.’’
Since the time we published this
regulation, there is a new reporting
functionality in ACE that will allow the
importer to enter a specific importer’s
additional declaration type code, which
will be transmitted through the
Automated Broker Interface, and
indicate that merchandise is being
entered into the customs territory of the
United States subject to an
accompanying AD/CVD certification.
ACE will then reflect the indication
under the new Importer’s Additional
Declaration. In light of this new
khammond on DSKJM1Z7X2PROD with NOTICES
1 See,
e.g., Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Preliminary
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination and
Affirmative Preliminary Determination of Critical
Circumstances, in Part, 77 FR 31309, 31323–24
(May 25, 2012), unchanged in Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value,
and Affirmative Final Determination of Critical
Circumstances, in Part, 77 FR 63791 (October 17,
2012), and accompanying Issues and Decision
Memorandum at note 33; Certain Cold-Rolled Steel
Flat Products from the People’s Republic of China:
Affirmative Final Determination of Circumvention
of the Antidumping Duty and Countervailing Duty
Orders, 83 FR 23891, 23892 (May 23, 2018), and
accompanying Issues and Decision Memorandum at
Comment 4.
2 See Regulations To Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021).
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functionality, when the Secretary
determines in the context of an AD/CVD
proceeding that a certification is
required, the Secretary may determine,
alone or in conjunction with other
requirements, that the importer shall
declare that its merchandise is being
entered subject to a certification
requirement using an additional
declaration type code in ACE at the time
of entry summary. This code will
represent a claim that, for example, the
entered merchandise is entitled to a
specific company AD and/or CVD rate
or, alternatively, a claim that the entered
merchandise is not subject to AD and/
or CVD order. Use of this increased
visibility in ACE will strengthen
Commerce’s and CBP’s enforcement of
AD/CVD orders, enabling them to more
easily identify merchandise that is being
entered subject to an AD/CVD
certification. Accordingly, as of the
effective date identified above and as
determined by the Secretary in a given
AD/CVD proceeding, Commerce and
CBP may require that importers entering
merchandise into customs territory of
the United States that is the subject of
an AD/CVD certification identify their
merchandise as such with the new
importer’s additional declaration type
code submitted at the time of entry
summary. The Cargo Systems Messaging
Service (CSMS) message announcing
this new functionality will provide
additional instructions regarding the
importer’s additional declaration type
code.
Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–02114 Filed 2–1–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–894]
Forged Steel Fluid End Blocks From
India: Preliminary Results of
Countervailing Duty Administrative
Review and Rescission of
Administrative Review, in Part; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to Bharat Forge
Limited, the sole producer and exporter
of forged steel fluid end blocks (fluid
end blocks) from India subject to this
AGENCY:
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7373
administrative review, during the period
of review (POR) January 1, 2022,
through December 31, 2022. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable February 2, 2024.
FOR FURTHER INFORMATION CONTACT:
Suresh Maniam, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1603.
SUPPLEMENTARY INFORMATION:
Background
On January 29, 2021, Commerce
published in the Federal Register the
countervailing duty order on fluid end
blocks from India.1 On January 3, 2023,
we published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
March 14, 2023, based on timely
requests for an administrative review,
Commerce published in the Federal
Register the notice of initiation of an
administrative review of the Order.3 On
May 5, 2023, Commerce selected Bharat
Forge, Limited as the sole mandatory
respondent in this review.4 On
September 19, 2023, Commerce
extended the deadline for the
preliminary results of this review until
January 31, 2024.5
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
1 See Forged Steel Fluid End Blocks from India:
Countervailing Duty Order, 86 FR 7535 (January 29,
2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 45 (January 3, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
15642 (March 14, 2023).
4 See Memorandum, ‘‘Respondent Selection
Memorandum,’’ dated May 5, 2023.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ dated September 19, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review and Rescission of Review in
Part: Forged Steel Fluid End Blocks from India;
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The product covered by the Order is
fluid end blocks from India. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
We preliminary find that the net
countervailable subsidy rate exists for
the period January 1, 2022, through
December 31, 2022:
Company
Subsidy rate
(percent
ad valorem)
Bharat Forge Limited 9 ..........
3.76
Methodology
Disclosure and Public Comment
Commerce is conducting this
countervailing duty administrative
review in accordance with section
751(a)(1) of the Tariff Act of 1930, as
amended (the Act). For each subsidy
program found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7 For a
full description of the methodology
underlying our conclusions, including
our reliance, in part, on facts otherwise
available pursuant to sections 776(a)
and (b) of the Act, see the Preliminary
Decision Memorandum.
We intend to disclose the calculations
performed for these preliminary results
to interested parties within five days
after the date of publication of this
notice.10 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of these
preliminary results of review.13 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.11 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.12
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.13 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
Rescission of Administrative Review, in
Part
khammond on DSKJM1Z7X2PROD with NOTICES
Preliminary Results of Review
Based on our analysis of U.S. Customs
and Border Protection (CBP) data, we
determine that the following companies
had no entries of subject merchandise
during the POR: (1) Bharat Forge
Limited, India; (2) Echjay Industries Pvt.
Ltd.; (3) Jaypee Forge Pvt. Ltd.; (4) MM
Forgings Ltd. (a.k.a., M M Forgings
Ltd.); (5) Mars Forge Pvt. Ltd.; (6)
Pradeep Metals Ltd.; (7) Ramkrishna
Forgings Ltd.; (8) Rolex Rings Ltd.; (9)
Sunrise Exports International; (10)
Western Heat and Forge Pvt. Ltd.; and
(11) Western India Forgings Pvt. Ltd. On
June 29, 2023, we notified parties of our
intent to rescind the administrative
review with respect to these 11
companies because there are no
reviewable suspended entries.8 No
parties commented on the notification
of intent to rescind the review, in part.
Pursuant to 19 CFR 351.213(d)(3), we
are rescinding the administrative review
of these 11 companies. For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See Memorandum, ‘‘Intent to Rescind Review,
in Part,’’ dated June 29, 2023 (Intent to Rescind
Memo).
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9 Commerce preliminarily finds the following
companies to be cross-owned with Bharat Forge,
Limited: Bharat Forge Utilities Limited and
Saarloha Advanced Materials Private Limited.
10 See 19 CFR 351.224(b).
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Final Service Rule).
12 See 19 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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requirements pertaining to the service of
documents in 19 CFR 351.303(f).14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. eastern time within
30 days after the date of publication of
this notice.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily
determined subsidy rates in the
amounts shown above for the producer/
exporters shown above. Upon issuance
of the final results of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review.
For the companies for which this
review is rescinded with these
preliminary results, we will instruct
CBP to assess countervailing duties on
all appropriate entries at a rate equal to
the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2022, through
December 31, 2022, in accordance with
19 CFR 351.212(c)(l)(i). For the
companies remaining in the review, we
intend 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
14 See
E:\FR\FM\02FEN1.SGM
APO and Final Service Rule.
02FEN1
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
statutory injunction has expired (i.e.,
within 90 days of publication).
DEPARTMENT OF COMMERCE
International Trade Administration
Cash Deposit Requirements
[C–570–072]
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final
results, to instruct CBP to collect cash
deposits of the estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective companies listed above with
regard to shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For all non-reviewed firms, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: January 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
khammond on DSKJM1Z7X2PROD with NOTICES
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in
Part
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–02139 Filed 2–1–24; 8:45 am]
BILLING CODE 3510–DS–P
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Jkt 262001
Sodium Gluconate, Gluconic Acid, and
Derivative Products From the People’s
Republic of China: Final Results of the
Expedited First Sunset Review of the
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on sodium gluconate,
gluconic acid, and derivative products
(sodium gluconate) from the People’s
Republic of China (China) would be
likely to lead to continuation or
recurrence of countervailable subsidies
at the levels indicated in the ‘‘Final
Results of Sunset Review’’ section of
this notice.
DATES: Applicable February 2, 2024.
FOR FURTHER INFORMATION CONTACT:
Stephanie Trejo, 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) 482–4390.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 13, 2018, Commerce
published the CVD order on sodium
gluconate from China.1 On October 2,
2023, Commerce published the notice of
initiation of the first sunset review of
the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 On October 12, 2023, Commerce
received a timely notice of intent to
participate from PMP Fermentation
Products Inc. (the domestic interested
party) within the 15-day deadline
specified in 19 CFR 351.218(d)(1)(i).3
The domestic interested party claimed
interested party status under section
771(9)(C) of the Act and 19 CFR
351.102(b)(29)(v) as producers of the
domestic like product.
On November 1, 2023, Commerce
received an adequate substantive
response to the Initiation Notice from
1 See Sodium Gluconate, Gluconic Acid and
Derivative Products from the People’s Republic of
China: Antidumping and Countervailing Duty
Orders, 83 FR 56299 (November 13, 2018) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 67729 (October 2, 2023).
3 See Domestic Interested Parties’ Letter, ‘‘Sodium
Gluconate, Gluconic Acid, and Derivative Products
from the People’s Republic of China—Domestic
Interested Parties’ Notice of Intent to Participate,’’
dated October 12, 2023.
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7375
the domestic interested party within the
30-day deadline specified in 19 CFR
351.218(d)(3)(i).4 We received no
substantive responses from any other
interested parties, and no interested
party requested a hearing. On November
17, 2023, Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties, and that Commerce would
conduct an expedited (120-day) sunset
review of the Order,5 pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(B)–(C).
Scope of the Order
The product covered by the Order is
sodium gluconate from China. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.6
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of the continuation or
recurrence of subsidization in the event
of revocation of the Order and the
countervailable subsidy rates likely to
prevail if the Order were to be revoked,
is provided in the accompanying Issues
and Decision Memorandum. A list of
the topics discussed in the Issues and
Decision Memorandum is attached as an
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), which 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/FRNotices/
ListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, we determine that
revocation of the Order would be likely
to lead to continuation or recurrence of
countervailable subsidies at the
4 See Domestic Interested Parties’ Letter, ‘‘Sodium
Gluconate, Gluconic Acid, and Derivative Products
from the People’s Republic of China—Domestic
Interested Parties’ Substantive Response,’’ dated
November 1, 2023.
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on October 2, 2023,’’ dated November 17,
2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the First Expedited Sunset
Review of the Antidumping Duty Orders on Sodium
Gluconate, Gluconic Acid and Derivative Products
from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
E:\FR\FM\02FEN1.SGM
02FEN1
]]>Agencies
[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7373-7375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02139]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-894]
Forged Steel Fluid End Blocks From India: Preliminary Results of
Countervailing Duty Administrative Review and Rescission of
Administrative Review, in Part; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to Bharat Forge
Limited, the sole producer and exporter of forged steel fluid end
blocks (fluid end blocks) from India subject to this administrative
review, during the period of review (POR) January 1, 2022, through
December 31, 2022. We invite interested parties to comment on these
preliminary results.
DATES: Applicable February 2, 2024.
FOR FURTHER INFORMATION CONTACT: Suresh Maniam, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1603.
SUPPLEMENTARY INFORMATION:
Background
On January 29, 2021, Commerce published in the Federal Register the
countervailing duty order on fluid end blocks from India.\1\ On January
3, 2023, we published in the Federal Register a notice of opportunity
to request an administrative review of the Order.\2\ On March 14, 2023,
based on timely requests for an administrative review, Commerce
published in the Federal Register the notice of initiation of an
administrative review of the Order.\3\ On May 5, 2023, Commerce
selected Bharat Forge, Limited as the sole mandatory respondent in this
review.\4\ On September 19, 2023, Commerce extended the deadline for
the preliminary results of this review until January 31, 2024.\5\
---------------------------------------------------------------------------
\1\ See Forged Steel Fluid End Blocks from India: Countervailing
Duty Order, 86 FR 7535 (January 29, 2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 45 (January 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642 (March 14, 2023).
\4\ See Memorandum, ``Respondent Selection Memorandum,'' dated
May 5, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated September 19, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\6\ A list of topics discussed in the Preliminary Decision
Memorandum is included in the appendix to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
[[Page 7374]]
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review and
Rescission of Review in Part: Forged Steel Fluid End Blocks from
India; 2022,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is fluid end blocks from India.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this countervailing duty administrative
review in accordance with section 751(a)(1) of the Tariff Act of 1930,
as amended (the Act). For each subsidy program found countervailable,
Commerce preliminarily determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\7\ For a full
description of the methodology underlying our conclusions, including
our reliance, in part, on facts otherwise available pursuant to
sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we determine that the following companies had no entries of
subject merchandise during the POR: (1) Bharat Forge Limited, India;
(2) Echjay Industries Pvt. Ltd.; (3) Jaypee Forge Pvt. Ltd.; (4) MM
Forgings Ltd. (a.k.a., M M Forgings Ltd.); (5) Mars Forge Pvt. Ltd.;
(6) Pradeep Metals Ltd.; (7) Ramkrishna Forgings Ltd.; (8) Rolex Rings
Ltd.; (9) Sunrise Exports International; (10) Western Heat and Forge
Pvt. Ltd.; and (11) Western India Forgings Pvt. Ltd. On June 29, 2023,
we notified parties of our intent to rescind the administrative review
with respect to these 11 companies because there are no reviewable
suspended entries.\8\ No parties commented on the notification of
intent to rescind the review, in part. Pursuant to 19 CFR
351.213(d)(3), we are rescinding the administrative review of these 11
companies. For additional information regarding this determination, see
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Intent to Rescind Review, in Part,'' dated
June 29, 2023 (Intent to Rescind Memo).
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminary find that the net countervailable subsidy rate
exists for the period January 1, 2022, through December 31, 2022:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Bharat Forge Limited \9\............................... 3.76
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\9\ Commerce preliminarily finds the following companies to be
cross-owned with Bharat Forge, Limited: Bharat Forge Utilities
Limited and Saarloha Advanced Materials Private Limited.
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We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\10\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs to Commerce no later than 30
days after the date of publication of these preliminary results of
review.\13\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\11\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\12\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\12\ See 19 351.309(c)(2) and (d)(2).
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\13\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\14\
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\14\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. eastern time
within 30 days after the date of publication of this notice.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producer/exporters shown above. Upon
issuance of the final results of the administrative review, consistent
with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(l)(i). For the companies remaining in the review, we intend
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
[[Page 7375]]
statutory injunction has expired (i.e., within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amounts calculated in the final results of this review for the
respective companies listed above with regard to shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. If
the rate calculated in the final results is zero or de minimis, no cash
deposit will be required on shipments of the subject merchandise
entered or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: January 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in Part
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-02139 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P
