Finished Carbon Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review, and Rescission, in Part; 2022-2023, 74884-74887 [2024-20751]

Download as PDF 74884 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices Assessment Rates Upon issuance of the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.17 Commerce intends to issue assessment instructions to CBP 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). If Shanghai Yueda’s ad valorem weighted-average dumping margin is not zero or de minimis (i.e., less than 0.50 percent) in the final results of this review, Commerce will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales and the total quantity of those sales, in accordance with 19 CFR 351.212(b)(1).18 Commerce will also calculate estimated ad valorem importer-specific assessment rates with which to assess whether the per-unit assessment rate is de minimis.19 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importerspecific ad valorem assessment rate calculated in the final results of this review is not zero or de minimis. Where Shanghai Yueda’s ad valorem weightedaverage dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis,20 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries that were not reported in the U.S. sales data submitted by Shanghai Yueda, Commerce will instruct CBP to liquidate such entries at the rate for the China-wide entity.21 For the final results, if we continue to treat S-Mart as part of the China-wide entity, we will instruct CBP to apply an 17 See 19 CFR 351.212(b)(1). these preliminary results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 19 For calculated (estimated) ad valorem importer-specific assessment rates used in determining whether the per-unit assessment rate is de minimis, see Memorandum, ‘‘Preliminary Results Margin Calculation for Shanghai Yueda Nails Co., Ltd.,’’ dated concurrently with this notice, and accompanying Margin Calculation Program Logs and Outputs. 20 See 19 CFR 351.106(c)(2). 21 See NME Practice for a full discussion. khammond on DSKJM1Z7X2PROD with NOTICES 18 In VerDate Sep<11>2014 17:53 Sep 12, 2024 Jkt 262001 ad valorem assessment rate of 118.04 percent to all entries of subject merchandise during the POR which was exported by that company. For the companies for which we intend to rescind the review in the final results based on no reviewable entries, provided we receive no contrary information, we intend to instruct CBP to assess antidumping duties on all appropriate entries at a rate equal to the cash deposit rate of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP for these companies no earlier than 35 days after the date of publication of the final results in the Federal Register. In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated antidumping duties, as applicable. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) for Shanghai Yueda, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except that if the ad valorem rate is de minimis, then the cash deposit rate will be zero); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have separate rates, the cash deposit rate will continue to be the existing exporter-specific cash deposit rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that nonChinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 regarding the reimbursement of antidumping 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 duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213, and 19 CFR 351.221(b)(4). Dated: September 6, 2024. Abdelali Elouaradia, Deputy 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. Intent to Rescind Review, In Part V. Discussion of the Methodology VI. Recommendation Appendix II Non-Selected Companies Under Review 1. Hebei Minmetals Co., Ltd. 2. Nanjing Caiqing Hardware Co., Ltd. 3. Nanjing Yuechang Hardware Co., Ltd. 4. Shandong Qingyun Hongyi Hardware Products Co., Ltd. 5. Shanxi Hairui Trade Co., Ltd. 6. Suntec Industries Co., Ltd. 7. Tianjin Jinchi Metal Products Co., Ltd. 8. Xi’an Metals & Minerals Import & Export Co., Ltd. [FR Doc. 2024–20760 Filed 9–12–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–871] Finished Carbon Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review, and Rescission, in Part; 2022– 2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) August 1, 2022, through July 31, 2023. We are also rescinding the review with respect to AGENCY: E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices certain companies. Interested parties are invited to comment on these preliminary results. DATES: Applicable September 13, 2024. FOR FURTHER INFORMATION CONTACT: Fred Baker or Theodora Mattei, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2924 or (202) 482–4834, respectively. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES Background On August 24, 2017, Commerce published in the Federal Register the antidumping duty order on finished carbon steel flanges from India.1 On August 2, 2023, Commerce published a notice of opportunity to request an administrative review of the Order.2 On October 18, 2023, Commerce initiated an administrative review of the antidumping duty order on finished carbon steel flanges from India, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).3 On December 11, 2023, Commerce selected Norma Group 4 and R. N. Gupta & Co., Ltd. (RNG) as mandatory respondents in this administrative review.5 On April 10, 2024, in accordance with section 751(a)(3)(A) of the Act and 19 CFR 1 See Finished Carbon Steel Flanges from India and Italy: Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (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 50840 (August 2, 2023). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 71829 (October 18, 2023). 4 In prior segments of this proceeding, we determined that Norma (India) Limited, USK Exports Private Limited, Uma Shanker Khandelwal & Co., and Bansidhar Chiranjilal were affiliated and should be treated as a single entity (Norma Group). See, e.g., Finished Carbon Steel Flanges from India: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 82 FR 9719 (February 8, 2017), and accompanying Preliminary Decision Memorandum, at 4–5, unchanged in Finished Carbon Steel Flanges from India: Final Determination of Sales at Less Than Fair Value, 82 FR 29483 (June 29, 2017). In this review, Norma (India) Limited and its affiliated entities have affirmed that the factual basis on which Commerce made its prior determinations has not changed. See Norma Group’s Letter, ‘‘2nd Supplemental Response Section A, C and D of AntiDumping duty Original Questionnaire,’’ dated June 26, 2024, at S2–3. Therefore, Commerce continues to treat these four companies as a single entity. 5 See Memorandum, ‘‘Respondent Selection,’’ dated December 11, 2023 (Respondent Selection Memorandum). The Respondent Selection Memorandum incorrectly identified the number of companies on which we initiated as 41; we initiated the review on 42 companies after collapsing the four Norma Group companies as described above. VerDate Sep<11>2014 17:53 Sep 12, 2024 Jkt 262001 351.213(h)(2), Commerce extended the time period for issuing these preliminary results until no later than August 30, 2024.6 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.7 The deadline for these preliminary results is now September 6, 2024. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.8 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 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. Scope of the Order The merchandise covered by the Order is finished carbon steel flanges. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Rescission, in Part, of Administrative Review Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no entries of subject merchandise during the POR for which liquidation is suspended.9 Normally, upon completion of an administrative review, the suspended entries are liquidated at the assessment rate calculated for the review period.10 Therefore, for an administrative review of a company to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate.11 6 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated April 10, 2024. 7 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 8 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Finished Carbon Steel Flanges from India; 2022–2023,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 9 See, e.g., Large Diameter Welded Pipe from Greece: Rescission of Antidumping Duty Administrative Review; 2022–2023, 89 FR 4274 (January 23, 2024). 10 See 19 CFR 351.212(b)(2). 11 See 19 CFR 351.212(d)(3). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 74885 Based on our analysis of Customs and Border Protection (CBP) information, we determined that 27 companies had no entries of subject merchandise during the POR.12 On December 15, 2023, we notified parties that we intended to rescind this administrative review with respect to the 27 companies, because those companies had no reviewable, suspended entries of subject merchandise; and we invited parties to comment.13 No parties commented on the notification of intent to rescind the review, in part. Accordingly, pursuant to 19 CFR 351.213(d)(3) and (d)(4), we are rescinding the administrative review with respect to the 27 companies (listed in Appendix III of this notice) that had no reviewable, suspended entries of subject merchandise during the POR. Additionally, Aditya Forge Limited (Aditya), withdrew its request for a review of its entries. Therefore, because Aditya was the only company that requested a review of Aditya’s entries, and it timely withdrew its request, we are rescinding the review with respect to Aditya in accordance with 19 CFR 351.213(d)(1).14 Methodology Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Act. Export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. Rate for Non-Selected Companies The Act and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally ‘‘an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any 12 See Appendix III (listing the 27 companies). Memorandum, ‘‘Intent to Rescind Administrative Review, in Part,’’ dated December 15, 2023. 14 See Appendix III. 13 See E:\FR\FM\13SEN1.SGM 13SEN1 74886 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices zero or de minimis margins, and any margins determined entirely {on the basis of facts available}.’’ In this administrative review, we preliminarily calculated weightedaverage dumping margins for Norma Group and RNG that are not zero, de minimis (i.e., less than 0.5 percent), or determined entirely on the basis of facts available. Accordingly, consistent with guidance in section 735(c)(5)(A) of the Act, Commerce is preliminarily assigning to the companies not individually examined a margin of 2.89 percent, which is the weighted average of the dumping margins calculated for Norma Group margin and RNG based on publicly ranged U.S. sales values.15 The companies not selected for individual examination are listed in Appendix II. Preliminary Results of Review Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist for the period August 1, 2022, through July 31, 2023: Weighted-average dumping margin (percent) Producer/exporter R. N. Gupta & Company Limited ................................................................................................................................................. Norma (India) Limited/USK Exports Private Limited/Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal ........................... Non-Selected Companies 16 ........................................................................................................................................................ Assessment Rates Commerce intends to disclose to interested parties the calculations performed for these preliminary results within five days of the date of publication of this notice.17 Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.18 Rebuttal briefs, limited to issues raised in case briefs, may be filed no later than seven days after the date for filing case briefs.19 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.20 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 briefs 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.21 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public 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 public 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).22 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, U.S. Department of Commerce, filed electronically via ACCESS, within 30 days after the date of publication of this notice. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; (3) whether any participant is a foreign national; and (4) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs.23 If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. Parties should confirm the date and time of the hearing two days before the scheduled date. 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. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in any written briefs, no later than 120 days after the date of publication of these preliminary results. 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. If the weighted-average dumping margin for a mandatory respondent is not zero or de minimis in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of such sales in accordance with 19 CFR 351.212(b)(1).24 If the weighted-average dumping margin is zero or de minimis in the final results of review, or if an importer-specific assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.25 For entries of subject merchandise during the period of review produced by the respondents for which they did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries pursuant to the reseller policy, i.e., the assessment rate for such entries will be the all-others rate established in the investigation if there is no rate for the intermediate company(ies) involved in the transaction.26 For the companies which were not selected for individual examination, we intend to assign an antidumping duty assessment rate equal to the weightedaverage dumping margin determined for 15 See Memorandum, ‘‘Calculation of Margin for Respondents Not Selected for Individual Examination,’’ dated concurrently with this notice. 16 See Appendix II for a list of companies not selected for individual examination. 17 See 19 CFR 351.224(b). 18 See 19 CFR 351.309(c)(1)(ii). 19 See 19 CFR 351.309(d)(1) and (2). 20 See 19 CFR 351.309(c)(2) and (d)(2). 21 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 22 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 29, 2023). 23 See 19 CFR 351.310(c). 24 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 2012). 25 Id., 77 FR at 8102–03; see also 19 CFR 351.106(c)(2). 26 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Disclosure and Public Comment khammond on DSKJM1Z7X2PROD with NOTICES 4.00 1.14 2.89 VerDate Sep<11>2014 17:53 Sep 12, 2024 Jkt 262001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices the non-examined companies in the final results of review. For the companies for which the administrative review is rescinded, antidumping duties shall be assessed at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 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). The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future cash deposits of estimated antidumping duties, where applicable.27 khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication in the Federal Register of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for companies subject to this review will be equal to the company-specific weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by a company not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the producer is, then the cash deposit rate will be the rate established in the most recently completed segment of the proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 8.91 percent, the allothers rate established in the less-thanfair-value investigation.28 These cash deposit requirements, when imposed, 27 See 28 See section 751(a)(2)(C) of the Act. Order, 82 FR at 40138. VerDate Sep<11>2014 17:53 Sep 12, 2024 Jkt 262001 shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping 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 countervailing duties. 8. Citizen Metal Depot 9. Corum Flange 10. DN Forge Industries 11. Echjay Forgings Limited 12. Falcon Valves and Flanges Private Limited 13. Heubach International. 14. Hindon Forge Pvt. Ltd. 15. Kinnari Steel Corporation 16. M F Rings and Bearing Races Ltd 17. Mascot Metal Manufacturers 18. OM Exports 19. Punjab Steel Works 20. Raaj Sagar Steels 21. Ravi Ratan Metal Industries 22. Rolex Fittings India Pvt. Ltd 23. SHM (ShinHeung Machinery) 24. Siddhagiri Metal & Tubes 25. Sizer India 26. Steel Shape India 27. Sudhir Forgings Pvt. Ltd. 28. Umashanker Khandelwal Forging Limited [FR Doc. 2024–20751 Filed 9–12–24; 8:45 am] 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 351.221(b)(4). BILLING CODE 3510–DS–P Dated: September 6, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [A–520–809] Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Rescission of Review, In Part IV. Rates for Non-Examined Companies V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation Appendix II List of Companies Not Selected for Individual Examination 1. Balkrishna Steel Forge Pvt. Ltd. 2. C.D. Industries 3. Cetus Engineering Private Limited 4. Echjay Industries Pvt. Ltd. 5. JAI Auto Private Limited 6. Jiten Steel Industries. 7. Munish Forge Private Limited 8. R. D. Forge 9. Renin Piping Products 10. Rollwell Forge Engineering Components and Flanges 11. Rollwell Forge Pvt. Ltd. 12. Tirupati Forge Pvt. Ltd.; Tirupati Forge Appendix III Companies for Which Commerce Is Rescinding This Review 1. Adinath International 2. Aditya Forge Limited 3. Allena Group 4. Alloyed Steel 5. Bebitz Flanges Works Private Limited 6. CHW Forge 7. CHW Forge Pvt. Ltd. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 74887 DEPARTMENT OF COMMERCE International Trade Administration Prestressed Concrete Steel Wire Strand From the United Arab Emirates: Initiation of Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) has determined that a request for a new shipper review (NSR) of the antidumping duty order on prestressed concrete steel wire strand (PC strand) from the United Arab Emirates (UAE) meets the statutory and regulatory requirements for initiation. The period of review (POR) for the NSR is February 1, 2024, through July 31, 2024. DATES: Applicable September 13, 2024, FOR FURTHER INFORMATION CONTACT: Alexander Cipolla or Brendan Quinn, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4956 or (202) 482–5848, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published the order on PC Strand from the UAE on February 1, 2021.1 On August 6, 2024, pursuant to 1 See Prestressed Concrete Steel Wire Strand from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, the Republic of Turkey, and the E:\FR\FM\13SEN1.SGM Continued 13SEN1

Agencies

[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74884-74887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20751]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-871]


Finished Carbon Steel Flanges From India: Preliminary Results of 
Antidumping Duty Administrative Review, and Rescission, in Part; 2022-
2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that producers and/or exporters subject to this administrative review 
made sales of subject merchandise at less than normal value (NV) during 
the period of review (POR) August 1, 2022, through July 31, 2023. We 
are also rescinding the review with respect to

[[Page 74885]]

certain companies. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable September 13, 2024.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Theodora Mattei, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-4834, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 24, 2017, Commerce published in the Federal Register the 
antidumping duty order on finished carbon steel flanges from India.\1\ 
On August 2, 2023, Commerce published a notice of opportunity to 
request an administrative review of the Order.\2\ On October 18, 2023, 
Commerce initiated an administrative review of the antidumping duty 
order on finished carbon steel flanges from India, in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).\3\ On 
December 11, 2023, Commerce selected Norma Group \4\ and R. N. Gupta & 
Co., Ltd. (RNG) as mandatory respondents in this administrative 
review.\5\ On April 10, 2024, in accordance with section 751(a)(3)(A) 
of the Act and 19 CFR 351.213(h)(2), Commerce extended the time period 
for issuing these preliminary results until no later than August 30, 
2024.\6\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\7\ The deadline for these 
preliminary results is now September 6, 2024.
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    \1\ See Finished Carbon Steel Flanges from India and Italy: 
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023).
    \4\ In prior segments of this proceeding, we determined that 
Norma (India) Limited, USK Exports Private Limited, Uma Shanker 
Khandelwal & Co., and Bansidhar Chiranjilal were affiliated and 
should be treated as a single entity (Norma Group). See, e.g., 
Finished Carbon Steel Flanges from India: Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of Final 
Determination, 82 FR 9719 (February 8, 2017), and accompanying 
Preliminary Decision Memorandum, at 4-5, unchanged in Finished 
Carbon Steel Flanges from India: Final Determination of Sales at 
Less Than Fair Value, 82 FR 29483 (June 29, 2017). In this review, 
Norma (India) Limited and its affiliated entities have affirmed that 
the factual basis on which Commerce made its prior determinations 
has not changed. See Norma Group's Letter, ``2nd Supplemental 
Response Section A, C and D of Anti-Dumping duty Original 
Questionnaire,'' dated June 26, 2024, at S2-3. Therefore, Commerce 
continues to treat these four companies as a single entity.
    \5\ See Memorandum, ``Respondent Selection,'' dated December 11, 
2023 (Respondent Selection Memorandum). The Respondent Selection 
Memorandum incorrectly identified the number of companies on which 
we initiated as 41; we initiated the review on 42 companies after 
collapsing the four Norma Group companies as described above.
    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 10, 
2024.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\8\ 
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 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.
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Finished Carbon Steel Flanges from India; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is finished carbon steel 
flanges. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Rescission, in Part, of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no entries of subject merchandise 
during the POR for which liquidation is suspended.\9\ Normally, upon 
completion of an administrative review, the suspended entries are 
liquidated at the assessment rate calculated for the review period.\10\ 
Therefore, for an administrative review of a company to be conducted, 
there must be a reviewable, suspended entry to be liquidated at the 
newly calculated assessment rate.\11\
---------------------------------------------------------------------------

    \9\ See, e.g., Large Diameter Welded Pipe from Greece: 
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89 
FR 4274 (January 23, 2024).
    \10\ See 19 CFR 351.212(b)(2).
    \11\ See 19 CFR 351.212(d)(3).
---------------------------------------------------------------------------

    Based on our analysis of Customs and Border Protection (CBP) 
information, we determined that 27 companies had no entries of subject 
merchandise during the POR.\12\ On December 15, 2023, we notified 
parties that we intended to rescind this administrative review with 
respect to the 27 companies, because those companies had no reviewable, 
suspended entries of subject merchandise; and we invited parties to 
comment.\13\ No parties commented on the notification of intent to 
rescind the review, in part. Accordingly, pursuant to 19 CFR 
351.213(d)(3) and (d)(4), we are rescinding the administrative review 
with respect to the 27 companies (listed in Appendix III of this 
notice) that had no reviewable, suspended entries of subject 
merchandise during the POR.
---------------------------------------------------------------------------

    \12\ See Appendix III (listing the 27 companies).
    \13\ See Memorandum, ``Intent to Rescind Administrative Review, 
in Part,'' dated December 15, 2023.
---------------------------------------------------------------------------

    Additionally, Aditya Forge Limited (Aditya), withdrew its request 
for a review of its entries. Therefore, because Aditya was the only 
company that requested a review of Aditya's entries, and it timely 
withdrew its request, we are rescinding the review with respect to 
Aditya in accordance with 19 CFR 351.213(d)(1).\14\
---------------------------------------------------------------------------

    \14\ See Appendix III.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act. NV is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum.

Rate for Non-Selected Companies

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual examination in an administrative review. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted average 
dumping margins established for exporters and producers individually 
investigated, excluding any

[[Page 74886]]

zero or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this administrative review, we preliminarily calculated 
weighted-average dumping margins for Norma Group and RNG that are not 
zero, de minimis (i.e., less than 0.5 percent), or determined entirely 
on the basis of facts available. Accordingly, consistent with guidance 
in section 735(c)(5)(A) of the Act, Commerce is preliminarily assigning 
to the companies not individually examined a margin of 2.89 percent, 
which is the weighted average of the dumping margins calculated for 
Norma Group margin and RNG based on publicly ranged U.S. sales 
values.\15\ The companies not selected for individual examination are 
listed in Appendix II.
---------------------------------------------------------------------------

    \15\ See Memorandum, ``Calculation of Margin for Respondents Not 
Selected for Individual Examination,'' dated concurrently with this 
notice.
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the period August 1, 2022, 
through July 31, 2023:
---------------------------------------------------------------------------

    \16\ See Appendix II for a list of companies not selected for 
individual examination.

------------------------------------------------------------------------
                                                       Weighted-average
                  Producer/exporter                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
R. N. Gupta & Company Limited.......................                4.00
Norma (India) Limited/USK Exports Private Limited/                  1.14
 Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal.
Non-Selected Companies \16\.........................                2.89
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice.\17\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\18\ Rebuttal briefs, limited to issues raised in case briefs, 
may be filed no later than seven days after the date for filing case 
briefs.\19\ 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.\20\
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.224(b).
    \18\ See 19 CFR 351.309(c)(1)(ii).
    \19\ See 19 CFR 351.309(d)(1) and (2).
    \20\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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 briefs 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.\21\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public 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 public 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).\22\
---------------------------------------------------------------------------

    \21\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \22\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------

    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, U.S. Department of Commerce, 
filed electronically via ACCESS, within 30 days after the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
(3) whether any participant is a foreign national; and (4) a list of 
the issues to be discussed. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs.\23\ 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined. Parties should confirm the 
date and time of the hearing two days before the scheduled date. 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.
---------------------------------------------------------------------------

    \23\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in any written briefs, no 
later than 120 days after the date of publication of these preliminary 
results.

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. If the weighted-average 
dumping margin for a mandatory respondent is not zero or de minimis in 
the final results of this review, we will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount 
of dumping calculated for each importer's examined sales and the total 
entered value of such sales in accordance with 19 CFR 
351.212(b)(1).\24\ If the weighted-average dumping margin is zero or de 
minimis in the final results of review, or if an importer-specific 
assessment rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\25\ 
For entries of subject merchandise during the period of review produced 
by the respondents for which they did not know its merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries pursuant to the reseller policy, i.e., the 
assessment rate for such entries will be the all-others rate 
established in the investigation if there is no rate for the 
intermediate company(ies) involved in the transaction.\26\
---------------------------------------------------------------------------

    \24\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \25\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \26\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies which were not selected for individual 
examination, we intend to assign an antidumping duty assessment rate 
equal to the weighted-average dumping margin determined for

[[Page 74887]]

the non-examined companies in the final results of review.
    For the companies for which the administrative review is rescinded, 
antidumping duties shall be assessed at a rate equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, in accordance with 19 
CFR 351.212(c)(1)(i).
    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). The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review and for future 
cash deposits of estimated antidumping duties, where applicable.\27\
---------------------------------------------------------------------------

    \27\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the final results of this 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for companies subject to this review will be 
equal to the company-specific weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by a company not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published in the 
completed segment for the most recent period; (3) if the exporter is 
not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the producer is, then the cash deposit 
rate will be the rate established in the most recently completed 
segment of the proceeding for the producer of the merchandise; and (4) 
the cash deposit rate for all other producers or exporters will 
continue to be 8.91 percent, the all-others rate established in the 
less-than-fair-value investigation.\28\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \28\ See Order, 82 FR at 40138.
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping 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 countervailing duties.

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 
351.221(b)(4).

    Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. Rescission of Review, In Part
IV. Rates for Non-Examined Companies
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Balkrishna Steel Forge Pvt. Ltd.
2. C.D. Industries
3. Cetus Engineering Private Limited
4. Echjay Industries Pvt. Ltd.
5. JAI Auto Private Limited
6. Jiten Steel Industries.
7. Munish Forge Private Limited
8. R. D. Forge
9. Renin Piping Products
10. Rollwell Forge Engineering Components and Flanges
11. Rollwell Forge Pvt. Ltd.
12. Tirupati Forge Pvt. Ltd.; Tirupati Forge

Appendix III

Companies for Which Commerce Is Rescinding This Review

1. Adinath International
2. Aditya Forge Limited
3. Allena Group
4. Alloyed Steel
    5. Bebitz Flanges Works Private Limited
6. CHW Forge
7. CHW Forge Pvt. Ltd.
8. Citizen Metal Depot
9. Corum Flange
10. DN Forge Industries
11. Echjay Forgings Limited
12. Falcon Valves and Flanges Private Limited
13. Heubach International.
14. Hindon Forge Pvt. Ltd.
15. Kinnari Steel Corporation
16. M F Rings and Bearing Races Ltd
17. Mascot Metal Manufacturers
18. OM Exports
19. Punjab Steel Works
20. Raaj Sagar Steels
21. Ravi Ratan Metal Industries
22. Rolex Fittings India Pvt. Ltd
23. SHM (ShinHeung Machinery)
24. Siddhagiri Metal & Tubes
25. Sizer India
26. Steel Shape India
27. Sudhir Forgings Pvt. Ltd.
28. Umashanker Khandelwal Forging Limited

[FR Doc. 2024-20751 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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