Finished Carbon Steel Flanges From India: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2022, 74899-74901 [2024-20753]
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of countervailable subsidies
and the net countervailable subsidy
likely to prevail if the Orders were
revoked, is provided in the
accompanying Issues and Decision
Memorandum.8 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 Services System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the Orders would be
likely to lead to the continuation or
recurrence of countervailable subsidies
at the following rates:
Subsidy
rate
(percent
ad valorem)
Producer/exporter
Glycine from India
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Kumar Industries, India ..........
Avid Organics Pvt Ltd .............
Paras Intermediates Pvt Ltd ...
All Others ................................
15.13
8.01
3.03
5.01
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
this notice in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act
and 19 CFR 351.218.
Dated: September 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates
Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2024–20754 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–872]
Finished Carbon Steel Flanges From
India: Preliminary Results of
Countervailing Duty Administrative
Review and Preliminary Intent To
Rescind, in Part; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
Glycine from China
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
JC Chemicals Limited .............
144.01
determines that countervailable
Simagchem Corp ....................
144.01
All-Others ................................
144.01 subsidies were provided to certain
producers and/or exporters of finished
carbon steel flanges (steel flanges) from
Administrative Protective Order
India. The period of review (POR) is
This notice serves as the only
January 1, 2022, through December 31,
reminder to parties subject to an
2022. In addition, we are notifying
administrative protective order (APO) of parties of our intent to rescind the
their responsibility concerning the
review with respect to 30 companies.
disposition of proprietary information
Interested parties are invited to
disclosed under APO in accordance
comment on these preliminary results.
with 19 CFR 351.305(a). Timely written DATES: Applicable September 13, 2024.
notification of the destruction of APO
FOR FURTHER INFORMATION CONTACT:
materials or conversion to judicial
Preston N. Cox or Amber Hodak, AD/
protective order is hereby requested.
CVD Operations, Office VI, Enforcement
Failure to comply with the regulations
and Compliance, International Trade
Administration, U.S. Department of
Glycine from India and the People’s Republic of
Commerce, 1401 Constitution Avenue
China,’’ dated concurrently with, and hereby
NW, Washington, DC 20230; telephone:
adopted by, this notice (Issues and Decision
(202) 482–5041 or (202) 842–8034,
Memorandum).
8 Id.
respectively.
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SUPPLEMENTARY INFORMATION:
Background
On October 18, 2023, Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the countervailing duty (CVD)
order on steel flanges from India.1 On
November 28, 2023, Commerce selected
Norma (India) Ltd. (Norma) and R.N.
Gupta & Company Limited (RNG) as
mandatory respondents in this review.2
On April 5, 2024, Commerce extended
the time period for issuing these
preliminary results, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), to August
30, 2024.3 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.4 The deadline for the 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.5 A list of topics
discussed in the Preliminary Decision
Memorandum is provided 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 product covered by the Order is
steel flanges from India. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829, 71836–71837 (October 18, 2023); see also
Finished Carbon Steel Flanges from India:
Countervailing Duty Order, 82 FR 40138 (August
24, 2017) (Order).
2 See Memorandum, ‘‘Respondent Selection,’’
dated November 28, 2023.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated April 5, 2024.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Finished Carbon Steel
Flanges from India; 2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
Preliminary Intent To Rescind
Administrative Review, in Part
It is Commerce’s practice to rescind
an administrative review of a CVD
order, pursuant to 19 CFR 351.213(d)(3),
when there are no reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.6
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the
countervailing duty assessment rate
calculated for the review period.7
Therefore, for an administrative review
of a company to be conducted, there
must be a reviewable, suspended entry
that Commerce can instruct U.S.
Customs and Border Protection (CBP) to
liquidate at the calculated
countervailing duty assessment rate
calculated for the review period.8
According to the CBP data on the
record, the companies listed in
Appendix III did not have reviewable
entries of subject merchandise during
the POR for which liquidation is
suspended. Accordingly, in the absence
of reviewable, suspended entries of
subject merchandise during the POR, we
intend to rescind this review with
respect to these companies, in
accordance with 19 CFR 351.213(d)(3).
Parties are invited to comment on the
intent to rescind for these companies.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(l)(A) of the Act. For
each of the subsidy programs found to
be countervailable, Commerce
preliminarily determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that give rise to a benefit
to the recipient, and that the subsidy is
specific.9 For a full description of the
methodology underlying our
conclusions, including our reliance, in
part, on facts otherwise available with
adverse inferences pursuant to sections
776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.
Companies Not Selected for Individual
Review
The Act and Commerce’s regulations
do not address the establishment of a
rate to apply companies not selected for
individual examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation.
Section 777A(e)(2) of the Act provides
that ‘‘the individual countervailable
subsidy rates determined under
subparagraph (A) shall be used to
determine the all-others rate under
section 705(c)(5) {of the Act}.’’ Section
705(c)(5)(A) states that for companies
not investigated, in general, we will
determine an all-others rate by weight
averaging the countervailable subsidy
rates established for each of the
companies individually investigated,
excluding zero and de minimis rates or
any rates based solely on the facts
available.
Accordingly, to determine the rate for
companies not selected for individual
examination, Commerce’s practice is to
weight average the net subsidy rates for
the selected mandatory respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available.10 We preliminarily find that
Norma and RNG received
countervailable subsidies at above de
minimis rates and not based entirely on
facts available. Therefore, we
preliminarily determine to assign to the
companies not selected for individual
review a weighted average of the
subsidy rates calculated for Norma and
RNG using each company’s publicly
ranged data for the value of its exports
of subject merchandise to the United
States.11 The companies for which a
review was requested, which were not
selected as mandatory respondents or
found to be cross-owned with a
mandatory respondent, are listed in
Appendix II.
Preliminary Results of Review
As a result of this review, Commerce
preliminarily determines the following
net countervailable subsidy rates exist
for the period January 1, 2022, through
December 31, 2022:
Subsidy rate
(percent ad valorem)
Company
Norma (India) Ltd.12 ............................................................................................................................................................
R.N. Gupta & Company Limited ..........................................................................................................................................
Non-Selected Companies Under Review 13 ........................................................................................................................
Disclosure
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Commerce intends to disclose its
calculations and analysis performed in
connection with the preliminary results
to interested parties within five days of
any public announcement, or if there is
no public announcement, within five
days of the date of publication of this
6 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); see also Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
7 See 19 CFR 351.212(b)(2).
8 See 19 CFR 351.213(d)(3).
9 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
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notice in accordance with 19 CFR
351.224(b).
Public Comment
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 this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
10 See, e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386, 37387 (June
29, 2010).
11 See Memorandum, ‘‘Preliminary Results
Calculation of Subsidy Rate for Non-Selected
Companies Under Review,’’ dated concurrently
with this notice.
12 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
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2.58
2.28
2.38
than five days after the date for filing
case briefs.14 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding must submit: (1) table of
contents listing each issue; and (2) a
table of authorities.15 All briefs must be
filed electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety in
companies to be cross-owned with Norma (India)
Ltd.: USK Export Private Limited; Uma Shanker
Khandelwal and Co.; and Bansidhar Chiranjilal.
This rate applies to all cross-owned companies.
13 See Appendix II for a list of companies not
selected for individual examination.
14 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
Service Procedures).
15 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
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ACCESS by 5:00 p.m. Eastern Time on
the established deadline.
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.16 Further, we
request that interested parties limited
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 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).17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time
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; and (3) a list of
issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce will inform parties of the
schedule date for the hearing.18
Assessment Rates
Consistent with section 751(a)(1) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See APO and Service Procedures.
18 See 19 CFR 351.310(d).
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17:53 Sep 12, 2024
Jkt 262001
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., without 90 days of
publication).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, upon publication of the final
results, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties for each
of the companies listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, except where the
rate calculated in the final results is zero
or de minimis. For all non-reviewed
firms, we will instruct CBP to 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
instructions, when imposed, shall
remain in effect until further notice.
Final Results
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 its analysis of
issues by the parties in any written
briefs, no later than 120 days after the
date of publication of these preliminary
results.
74901
2. C. D. Industries
3. Cetus Engineering Private Limited
4. Echjay Industries Pvt. Ltd.
5. Jai Auto Pvt. Ltd.
6. Jiten Steel Industries
7. Munish Forge Private Limited
8. R.D. Forge
9. Rollwell Forge Pvt. Ltd.
10. Tirupati Forge
Appendix III
Companies for Which Commerce Intends To
Rescind the 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 (PSW)
20. Raaj Sagar Steel
21. Ravi Ratan Metal Industries
22. Renin Piping Products
23. Rolex Fittings India Pvt. Ltd.
24. Rollwell Forge Engineering Components
and Flanges
25. SHM (ShinHeung Machinery)
26. Siddhagiri Metal & Tubes
27. Sizer India
28. Steel Shape India
29. Sudhir Forgings Pvt. Ltd.
30. Umashanker Khandelwal Forging Limited
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
[FR Doc. 2024–20753 Filed 9–12–24; 8:45 am]
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
International Trade Administration
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of India’s Economy
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Benchmarks and Interest Rates
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Recommendation
Appendix II
Companies Not Selected for Individual
Examination
1. Balkrishna Steel Forge Pvt. Ltd.
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–570–133]
Certain Metal Lockers and Parts
Thereof From the People’s Republic of
China: Preliminary Results,
Preliminary Determination of No
Shipments, and Partial Rescission of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain exporters made sales
of certain metal lockers and parts
thereof (metal lockers) from the People’s
Republic of China (China) and that
certain companies had no shipments of
metal lockers from China during the
AGENCY:
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]]>Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74899-74901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20753]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-872]
Finished Carbon Steel Flanges From India: Preliminary Results of
Countervailing Duty Administrative Review and Preliminary Intent To
Rescind, 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 certain
producers and/or exporters of finished carbon steel flanges (steel
flanges) from India. The period of review (POR) is January 1, 2022,
through December 31, 2022. In addition, we are notifying parties of our
intent to rescind the review with respect to 30 companies. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Preston N. Cox or Amber Hodak, 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) 482-5041 or (202) 842-8034,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 18, 2023, Commerce published in the Federal Register a
notice of initiation of an administrative review of the countervailing
duty (CVD) order on steel flanges from India.\1\ On November 28, 2023,
Commerce selected Norma (India) Ltd. (Norma) and R.N. Gupta & Company
Limited (RNG) as mandatory respondents in this review.\2\ On April 5,
2024, Commerce extended the time period for issuing these preliminary
results, in accordance with section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), to August 30, 2024.\3\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\4\ The deadline for the preliminary results is now
September 6, 2024.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829, 71836-71837 (October 18, 2023);
see also Finished Carbon Steel Flanges from India: Countervailing
Duty Order, 82 FR 40138 (August 24, 2017) (Order).
\2\ See Memorandum, ``Respondent Selection,'' dated November 28,
2023.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
5, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
provided 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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Finished
Carbon Steel Flanges 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 steel flanges from India. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
[[Page 74900]]
Preliminary Intent To Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\6\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\7\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\8\
---------------------------------------------------------------------------
\6\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
According to the CBP data on the record, the companies listed in
Appendix III did not have reviewable entries of subject merchandise
during the POR for which liquidation is suspended. Accordingly, in the
absence of reviewable, suspended entries of subject merchandise during
the POR, we intend to rescind this review with respect to these
companies, in accordance with 19 CFR 351.213(d)(3). Parties are invited
to comment on the intent to rescind for these companies.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(l)(A) of the Act. For each of the subsidy programs
found to be countervailable, Commerce preliminarily determines that
there is a subsidy, i.e., a financial contribution by an ``authority''
that give rise to a benefit to the recipient, and that the subsidy is
specific.\9\ For a full description of the methodology underlying our
conclusions, including our reliance, in part, on facts otherwise
available with adverse inferences pursuant to sections 776(a) and (b)
of the Act, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\9\ 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.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
The Act and Commerce's regulations do not address the establishment
of a rate to apply companies not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(e)(2) of the Act. However, Commerce normally
determines the rates for non-selected companies in reviews in a manner
that is consistent with section 705(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation.
Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) states that for companies not
investigated, in general, we will determine an all-others rate by
weight averaging the countervailable subsidy rates established for each
of the companies individually investigated, excluding zero and de
minimis rates or any rates based solely on the facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\10\ We preliminarily find that Norma and RNG received
countervailable subsidies at above de minimis rates and not based
entirely on facts available. Therefore, we preliminarily determine to
assign to the companies not selected for individual review a weighted
average of the subsidy rates calculated for Norma and RNG using each
company's publicly ranged data for the value of its exports of subject
merchandise to the United States.\11\ The companies for which a review
was requested, which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent, are listed in
Appendix II.
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\10\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\11\ See Memorandum, ``Preliminary Results Calculation of
Subsidy Rate for Non-Selected Companies Under Review,'' dated
concurrently with this notice.
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Preliminary Results of Review
As a result of this review, Commerce preliminarily determines the
following net countervailable subsidy rates exist for the period
January 1, 2022, through December 31, 2022:
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Norma (India) Ltd.: USK Export Private Limited; Uma Shanker
Khandelwal and Co.; and Bansidhar Chiranjilal. This rate applies to
all cross-owned companies.
\13\ See Appendix II for a list of companies not selected for
individual examination.
------------------------------------------------------------------------
Subsidy rate (percent
Company ad valorem)
------------------------------------------------------------------------
Norma (India) Ltd.\12\......................... 2.58
R.N. Gupta & Company Limited................... 2.28
Non-Selected Companies Under Review \13\....... 2.38
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with the preliminary results to interested
parties within five days of any public announcement, or if there is no
public announcement, within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b).
Public Comment
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 this notice. 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.\14\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) table of contents listing
each issue; and (2) a table of authorities.\15\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in
[[Page 74901]]
ACCESS by 5:00 p.m. Eastern Time on the established deadline.
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\14\ 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 Service Procedures).
\15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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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 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.\16\ Further,
we request that interested parties limited 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
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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS by 5:00
p.m. Eastern Time 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; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce will inform parties of the schedule date for the
hearing.\18\
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\18\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of the final results
of this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., without
90 days of publication).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, upon publication of
the final results, Commerce intends to instruct CBP to collect cash
deposits of estimated countervailing duties for each of the companies
listed above on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review, except where the rate
calculated in the final results is zero or de minimis. For all non-
reviewed firms, we will instruct CBP to 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 instructions, when imposed, shall
remain in effect until further notice.
Final Results
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 its
analysis of issues by the parties in any written briefs, no later than
120 days after the date of publication of these preliminary results.
Notification to Interested Parties
We are issuing and publishing these preliminary results 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. Diversification of India's Economy
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Benchmarks and Interest Rates
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Recommendation
Appendix II
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 Pvt. Ltd.
6. Jiten Steel Industries
7. Munish Forge Private Limited
8. R.D. Forge
9. Rollwell Forge Pvt. Ltd.
10. Tirupati Forge
Appendix III
Companies for Which Commerce Intends To Rescind the 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 (PSW)
20. Raaj Sagar Steel
21. Ravi Ratan Metal Industries
22. Renin Piping Products
23. Rolex Fittings India Pvt. Ltd.
24. Rollwell Forge Engineering Components and Flanges
25. SHM (ShinHeung Machinery)
26. Siddhagiri Metal & Tubes
27. Sizer India
28. Steel Shape India
29. Sudhir Forgings Pvt. Ltd.
30. Umashanker Khandelwal Forging Limited
[FR Doc. 2024-20753 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
