Stainless Steel Flanges From India: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023, 91337-91340 [2024-26887]
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.15
For the company that was not selected
for individual review, we assigned an
assessment rate calculated as noted in
the ‘‘Rate for Non-Examined
Respondent’’ section, above.
For the companies for which this
review is rescinded with these final
results (see appendix II), we will
instruct CBP to assess antidumping
duties on any suspended entries at a
rate equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
POR, in accordance with 19 CFR
351.212(c)(1)(i).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
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entered, or withdrawn from warehouse,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, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for the reviewed
companies will be equal to the
weighted-average dumping margin
established in the final results of this
review; (2) for producers or exporters
not covered in this review but covered
in a prior completed segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published in the most recently
completed segment; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, then the cash deposit rate
will be the rate established in the most
recently completed segment for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be 2.22
percent, the all-others rate established
in the LTFV investigation in this
proceeding.16 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 See Order.
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17:42 Nov 18, 2024
Jkt 265001
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.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Treatment of Disputed
Expenses
Comment 2: Application of the
Transactions Disregarded Rule
VI. Recommendation
Appendix II
List of Companies for Which We Are
Rescinding the Administrative Review
1. Bali Natural Latex
2. CV. Aumireta Anggun
3. CV. Lautan Rezeki
4. Duta Abadi Primantara, Pt
5. Ecos Jaya JL Pasir Awi
6. Mimpi
7. P.T. Barat Daya Gemilang
8. PT Celebes Putra Prima
9. PT Champion Mattress Indonesia
Manufacturing
10. PT Demak Putra Mandiri
11. PT Graha Anom Jaya
12. PT Kline Total Logistics Indonesia
13. PT Rubberfoam Indonesia
14. PT Solo Murni Epte
15. PT. Ateja Multi Industri
16. PT. Ateja Tritunggal
17. PT. Aurora World Cianjur
18. PT. Cahaya Buana Furindotama
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19. PT. CJ Logistics Indonesia
20. PT. Dinamika Indonusa Prima
21. PT. Dunlopillo Indonesia
22. PT. Dynasti Indomegah
23. PT. Massindo International
24. PT. Ocean Centra Furnindo
25. PT. Quantum Tosan Internasional
26. PT. Romance Bedding & Furniture
27. PT. Royal Abadi Sejahtera
28. PT. Transporindo Buana Kargotama
29. Sonder Canada Inc
30. Super Poly Industry PT
[FR Doc. 2024–26906 Filed 11–18–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–877]
Stainless Steel Flanges From India:
Preliminary Results and Rescission, in
Part, 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 producers and/or exporters of
stainless steel flanges (flanges) from
India made sales of subject merchandise
in the United States at prices below
normal value (NV) during the period of
review (POR) October 1, 2022, through
September 30, 2023. In addition, we are
rescinding this review for three
companies. We invite interested parties
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Eric Chen, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4725 or (202) 482–2860,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2018, Commerce
published in the Federal Register an
antidumping duty order on flanges from
India.1 On December 6, 2023, based on
timely requests for review, Commerce
initiated an administrative review (AD)
of the Order covering 16 companies, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the
1 See Stainless Steel Flanges from India:
Antidumping Duty Order, 83 FR 50639 (October 9,
2018) (Order).
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
Act).2 On June 7, 2024, we extended the
deadline for the preliminary results of
this administrative review.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 November 6, 2024.
For details regarding the events that
occurred subsequent to the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included in 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 stainless steel flanges from
India. For a full description of the
scope, see the Preliminary Decision
Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
Partial Rescission 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.6 Normally, upon
completion of an administrative review,
the suspended entries are liquidated at
the AD assessment rate calculated for
1 See Stainless Steel Flanges from India:
Antidumping Duty Order, 83 FR 50639 (October 9,
2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
84784 (December 6, 2023) (Initiation Notice),
corrected by Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 89 FR
8641 (February 8, 2024).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2022–2023 Antidumping
Duty Administrative Review,’’ dated June 7, 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 Antidumping Duty
Administrative Review of Stainless Steel Flanges
from India; 2022–2023,’’ dated concurrently with,
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17:42 Nov 18, 2024
Jkt 265001
the review period.7 Therefore, for an
administrative review of a company to
be conducted, there must be a
suspended entry that Commerce can
instruct U.S. Customs and Border
Protection (CBP) to liquidate at the AD
assessment rate calculated for the POR.8
On December 21, 2023, we notified
parties of our intent to rescind this
administrative review, in part, with
respect to: (1) Hilton Metal Forging
Limited (Hilton); (2) Jay Jagdamba
Profile Private Limited (Jay Profile); and
(3) Shree Jay Jagdamba Flanges Private
Limited (Shree Jay), because there were
no suspended entries of subject
merchandise produced or exported by
these companies during the POR, and
we invited interested parties to
comment.9 No parties commented on
our intent to rescind the review, in part.
Therefore, in the absence of any
suspended entries of subject
merchandise from Hilton, Jay Profile,
and Shree Jay during the POR, we are
rescinding the administrative review for
these companies, in accordance with 19
CFR 351.213(d)(3) and (d)(4).
Review-Specific Rate for Companies
Not Selected for Individual Review
The Act and Commerce’s regulations
do not address the rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a less-than-fair value
(LTFV) investigation for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely on the
basis of facts available. In this review,
Commerce calculated estimated
weighted-average dumping margins for:
(1) Chandan Steel Limited (Chandan)
7 See
19 CFR 351.212(b)(2).
19 CFR 351.213(d)(3).
9 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated December 21, 2023.
8 See
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and (2) BFN Forgings Private Limited;
Viraj Impoexpo, Ltd.; Fanschen werk
Bebitz GmbH; Viraj Alloys, Ltd.; Viraj
Forgings, Ltd.; and Viraj Profiles
Limited (collectively, BFN/Viraj),10 that
are not zero, de minimis, or based
entirely on facts otherwise available.
Therefore, Commerce calculated the
review-specific rate using a weighted
average of the estimated weightedaverage dumping margins calculated for
the examined respondents using each
company’s publicly-ranged values for
the merchandise under consideration.11
The companies not selected for
individual examination are listed in
appendix II.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)
and (2) of the Act. We calculated
constructed export price in accordance
with section 772 of the Act. We
calculated NV in accordance with
section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine the
following estimated weighted-average
dumping margins exist for the period
October 1, 2022, through September 30,
2023:
10 Commerce previously found BFN Forgings
Private Limited to be collapsed with the companies
listed above. See, e.g., Stainless Steel Flanges from
India: Final Affirmative Determination of Sales at
Less Than Fair Value and Final Affirmative Critical
Circumstance Determination, 83 FR 40745 (August
16, 2018).
11 See Memorandum, ‘‘Calculation of the NonSelected Company Rate for the Preliminary
Results,’’ dated concurrently with this notice; see
also, e.g., Xanthan Gum from the People’s Republic
of China: Preliminary Results of the Antidumping
Duty Administrative Review, and Partial Rescission;
2018–2019, 85 FR 75686, 74687 (November 23,
2020), unchanged in Xanthan Gum from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2018–
2019, 86 FR 16189 (March 26, 2021); Emulsion
Styrene-Butadiene Rubber from the Republic of
Korea: Preliminary Results of the Administrative
Review of the Antidumping Duty Order; 2018–2019,
85 FR 39534 (July 1, 2020), unchanged in Emulsion
Styrene-Butadiene Rubber from the Republic of
Korea: Final Results of the Administrative Review
of the Antidumping Duty Order; 2018–2019, 85 FR
67512 (October 23, 2020); and Albemarle Corp. v.
United States, 821 F. 3d 1345 (Fed. Cir. 2016).
E:\FR\FM\19NON1.SGM
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Chandan Steel Limited ........................................................................................................................................................................
BFN Forgings Private Limited; Fanschen werk Bebitz GmbH; Viraj Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj Impoexpo, Ltd.; and
Viraj Profiles Limited ........................................................................................................................................................................
Companies Not Selected for Individual Review 12 ..............................................................................................................................
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure and Public Comment
Commerce intends to disclose its
calculations and analysis performed to
interested parties for these preliminary
results 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).
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.13
Rebuttal briefs, limited to issues raised
in case briefs, may be filed no 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) a 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
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 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.16 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, no
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
12 The exporters and/or producers not selected for
individual review are listed in appendix II.
13 See 19 CFR 351.309(c)(1)(ii).
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 Final Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
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.
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17:42 Nov 18, 2024
Jkt 265001
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, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain: (1) party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.18
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.
Pursuant to 19 CFR 351.212(b)(1),
because the individually-examined
respondents reported the entered value
for their U.S. sales, we will calculate
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of those same sales. If either
respondent’s weighted-average dumping
margin is zero or de minimis within the
17 See
18 See
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APO and Service Final Rule.
19 CFR 351.310(d).
Frm 00027
Fmt 4703
91339
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0.62
2.25
1.27
meaning of 19 CFR 351.106(c), or an
importer-specific rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
where the company did not know that
the merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate established in the LTFV
investigation (i.e., 7.00 percent) 19 if
there is no rate for the intermediate
company(ies) involved in the
transaction.20
For the companies listed in appendix
II which were not selected for
individual review, we will assign an
assessment rate based on the reviewspecific average rate, calculated as noted
in the ‘‘Preliminary Results of Review’’
section, above. The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review and for future deposits of
estimated duties, where applicable.21
For the companies for which we are
rescinding the review, we will instruct
CBP to assess antidumping duties on all
appropriate entries at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue these rescission instructions to
CBP no earlier than 35 days after the
date of publication of this notice in the
Federal Register.
Commerce intends to issue
assessment instructions to CBP
regarding Chandan, BFN/Viraj, and the
companies listed in appendix II no
earlier than 35 days after the date of
19 See Stainless Steel Flanges from India: Notice
of Court Decision Not in Harmony with the Final
Determination of Antidumping Investigation; Notice
of Amended Final Determination, 86 FR 50325
(September 8, 2021) (Amended Final).
20 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
21 See section 751(a)(2)(C) of the Act.
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
ddrumheller on DSK120RN23PROD with NOTICES1
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
the countervailing duties.
Amended Final, 86 FR at 50326.
VerDate Sep<11>2014
17:42 Nov 18, 2024
Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
under review will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is de minimis
(i.e., less than 0.50 percent), in which
case the cash deposit rate will be zero;
(2) for previously reviewed or
investigated companies not covered by
this review, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which they were examined; (3) if the
exporter is not a firm covered in this
review, a prior review, or the LTFV
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recentlycompleted segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 7.00 percent,22 the all-others rate
established in the Amended Final.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
22 See
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Jkt 265001
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
List of Companies Not Selected for
Individual Examination
1. Balkrishna Steel Forge Pvt. Ltd.
2. CD Industries (Prop. Kisaan Engineering
Works Pvt. Ltd.)
3. Echjay Forgings Private Limited
4. Fivebros Forgings Private Limited
5. Goodluck India Limited; Goodluck
Engineering Co.
6. Jai Auto Pvt. Ltd
7. Jay Jagdamba Limited
8. Jay Jagdamba Forgings Private Limited
9. Kisaan Die Tech Private Limited
10. Pradeep Metals Limited
11. R.N. Gupta & Company Limited
[FR Doc. 2024–26887 Filed 11–18–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE398]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to a Marine
Geophysical Survey in the Northwest
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments on proposed authorization
and possible renewal.
AGENCY:
NMFS has received a request
from the University of Texas at Austin
(UT) for authorization to take marine
mammals incidental to a marine
geophysical survey in coastal waters off
Texas in the northwest (NW) Gulf of
Mexico (GOM). Pursuant to the Marine
Mammal Protection Act (MMPA), NMFS
is requesting comments on its proposal
to issue an incidental harassment
SUMMARY:
PO 00000
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Fmt 4703
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authorization (IHA) to incidentally take
marine mammals during the specified
activities. NMFS is also requesting
comments on a possible one-time, 1year renewal that could be issued under
certain circumstances and if all
requirements are met, as described in
the Request for Public Comments
section at the end of this notice. NMFS
will consider public comments prior to
making any final decision on the
issuance of the requested MMPA
authorization and agency responses will
be summarized in the final notice of our
decision.
DATES: Comments and information must
be received no later than December 19,
2024.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service and should be
submitted via email to
ITP.wachtendonk@noaa.gov. Electronic
copies of the application and supporting
documents, as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities. In case of problems accessing
these documents, please call the contact
listed below.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments, including all
attachments, must not exceed a 25megabyte file size. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
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]]>Agencies
[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91337-91340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26887]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-877]
Stainless Steel Flanges From India: Preliminary Results and
Rescission, in Part, of Antidumping Duty Administrative Review; 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 of stainless steel flanges (flanges)
from India made sales of subject merchandise in the United States at
prices below normal value (NV) during the period of review (POR)
October 1, 2022, through September 30, 2023. In addition, we are
rescinding this review for three companies. We invite interested
parties to comment on these preliminary results.
DATES: Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Eric Chen, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4725 or (202) 482-2860,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2018, Commerce published in the Federal Register an
antidumping duty order on flanges from India.\1\ On December 6, 2023,
based on timely requests for review, Commerce initiated an
administrative review (AD) of the Order covering 16 companies, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the
[[Page 91338]]
Act).\2\ On June 7, 2024, we extended the deadline for the preliminary
results of this administrative review.\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 November 6,
2024.
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\1\ See Stainless Steel Flanges from India: Antidumping Duty
Order, 83 FR 50639 (October 9, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 84784 (December 6, 2023) (Initiation
Notice), corrected by Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 89 FR 8641 (February 8, 2024).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated
June 7, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included in 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.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Stainless
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 stainless steel flanges
from India. For a full description of the scope, see the Preliminary
Decision Memorandum.
Partial Rescission 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.\6\ Normally, upon
completion of an administrative review, the suspended entries are
liquidated at the AD assessment rate calculated for the review
period.\7\ Therefore, for an administrative review of a company to be
conducted, there must be a suspended entry that Commerce can instruct
U.S. Customs and Border Protection (CBP) to liquidate at the AD
assessment rate calculated for the POR.\8\
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\6\ See, e.g., Large Diameter Welded Pipe from Greece:
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 4274 (January 23, 2024).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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On December 21, 2023, we notified parties of our intent to rescind
this administrative review, in part, with respect to: (1) Hilton Metal
Forging Limited (Hilton); (2) Jay Jagdamba Profile Private Limited (Jay
Profile); and (3) Shree Jay Jagdamba Flanges Private Limited (Shree
Jay), because there were no suspended entries of subject merchandise
produced or exported by these companies during the POR, and we invited
interested parties to comment.\9\ No parties commented on our intent to
rescind the review, in part. Therefore, in the absence of any suspended
entries of subject merchandise from Hilton, Jay Profile, and Shree Jay
during the POR, we are rescinding the administrative review for these
companies, in accordance with 19 CFR 351.213(d)(3) and (d)(4).
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\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated December 21, 2023.
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Review-Specific Rate for Companies Not Selected for Individual Review
The Act and Commerce's regulations do not address the rate to be
applied to companies not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a less-than-fair value (LTFV) investigation for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely on the basis of facts available. In this review,
Commerce calculated estimated weighted-average dumping margins for: (1)
Chandan Steel Limited (Chandan) and (2) BFN Forgings Private Limited;
Viraj Impoexpo, Ltd.; Fanschen werk Bebitz GmbH; Viraj Alloys, Ltd.;
Viraj Forgings, Ltd.; and Viraj Profiles Limited (collectively, BFN/
Viraj),\10\ that are not zero, de minimis, or based entirely on facts
otherwise available. Therefore, Commerce calculated the review-specific
rate using a weighted average of the estimated weighted-average dumping
margins calculated for the examined respondents using each company's
publicly-ranged values for the merchandise under consideration.\11\ The
companies not selected for individual examination are listed in
appendix II.
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\10\ Commerce previously found BFN Forgings Private Limited to
be collapsed with the companies listed above. See, e.g., Stainless
Steel Flanges from India: Final Affirmative Determination of Sales
at Less Than Fair Value and Final Affirmative Critical Circumstance
Determination, 83 FR 40745 (August 16, 2018).
\11\ See Memorandum, ``Calculation of the Non-Selected Company
Rate for the Preliminary Results,'' dated concurrently with this
notice; see also, e.g., Xanthan Gum from the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review, and Partial Rescission; 2018-2019, 85 FR 75686, 74687
(November 23, 2020), unchanged in Xanthan Gum from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2018-2019, 86 FR 16189 (March 26, 2021); Emulsion Styrene-
Butadiene Rubber from the Republic of Korea: Preliminary Results of
the Administrative Review of the Antidumping Duty Order; 2018-2019,
85 FR 39534 (July 1, 2020), unchanged in Emulsion Styrene-Butadiene
Rubber from the Republic of Korea: Final Results of the
Administrative Review of the Antidumping Duty Order; 2018-2019, 85
FR 67512 (October 23, 2020); and Albemarle Corp. v. United States,
821 F. 3d 1345 (Fed. Cir. 2016).
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1) and (2) of the Act. We calculated constructed export price in
accordance with section 772 of the Act. We calculated NV in accordance
with section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine the following estimated weighted-average
dumping margins exist for the period October 1, 2022, through September
30, 2023:
[[Page 91339]]
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Chandan Steel Limited................................... 0.62
BFN Forgings Private Limited; Fanschen werk Bebitz GmbH; 2.25
Viraj Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj
Impoexpo, Ltd.; and Viraj Profiles Limited.............
Companies Not Selected for Individual Review \12\....... 1.27
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Disclosure and Public Comment
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\12\ The exporters and/or producers not selected for individual
review are listed in appendix II.
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results 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).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\13\ Rebuttal briefs,
limited to issues raised in case briefs, may be filed no 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) a 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 ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\13\ See 19 CFR 351.309(c)(1)(ii).
\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 Final Rule).
\15\ See 19 CFR 351.309(c)(2) and (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 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.\16\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, no 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).\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 Final Rule.
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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, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\18\
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\18\ See 19 CFR 351.310(d).
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.
Pursuant to 19 CFR 351.212(b)(1), because the individually-examined
respondents reported the entered value for their U.S. sales, we will
calculate importer-specific ad valorem antidumping duty assessment
rates based on the ratio of the total amount of antidumping duties
calculated for the examined sales to the total entered value of those
same sales. If either respondent's weighted-average dumping margin is
zero or de minimis within the meaning of 19 CFR 351.106(c), or an
importer-specific rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent where the company did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the LTFV investigation
(i.e., 7.00 percent) \19\ if there is no rate for the intermediate
company(ies) involved in the transaction.\20\
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\19\ See Stainless Steel Flanges from India: Notice of Court
Decision Not in Harmony with the Final Determination of Antidumping
Investigation; Notice of Amended Final Determination, 86 FR 50325
(September 8, 2021) (Amended Final).
\20\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies listed in appendix II which were not selected for
individual review, we will assign an assessment rate based on the
review-specific average rate, calculated as noted in the ``Preliminary
Results of Review'' section, above. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by this review and for future deposits of
estimated duties, where applicable.\21\
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\21\ See section 751(a)(2)(C) of the Act.
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For the companies for which we are rescinding the review, we will
instruct CBP to assess antidumping duties on all appropriate entries at
rates equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
these rescission instructions to CBP no earlier than 35 days after the
date of publication of this notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
Chandan, BFN/Viraj, and the companies listed in appendix II no earlier
than 35 days after the date of
[[Page 91340]]
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
under review will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
de minimis (i.e., less than 0.50 percent), in which case the cash
deposit rate will be zero; (2) for previously reviewed or investigated
companies not covered by this review, the cash deposit rate will
continue to be the company-specific rate published for the most
recently-completed segment of this proceeding in which they were
examined; (3) if the exporter is not a firm covered in this review, a
prior review, or the LTFV investigation, but the producer is, the cash
deposit rate will be the rate established for the most recently-
completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 7.00 percent,\22\ the all-others rate
established in the Amended Final. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\22\ See Amended Final, 86 FR at 50326.
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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 the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: November 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. Discussion of the Methodology
V. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Balkrishna Steel Forge Pvt. Ltd.
2. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.)
3. Echjay Forgings Private Limited
4. Fivebros Forgings Private Limited
5. Goodluck India Limited; Goodluck Engineering Co.
6. Jai Auto Pvt. Ltd
7. Jay Jagdamba Limited
8. Jay Jagdamba Forgings Private Limited
9. Kisaan Die Tech Private Limited
10. Pradeep Metals Limited
11. R.N. Gupta & Company Limited
[FR Doc. 2024-26887 Filed 11-18-24; 8:45 am]
BILLING CODE 3510-DS-P
