[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Notices]
[Pages 7395-7397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02216]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-810]


Stainless Steel Bar From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on stainless steel 
bar (SSB) from India. The period of review (POR) is February 1, 2011, 
through January 31, 2012. This review covers one exporter/producer of 
the subject merchandise, Ambica Steels Limited (Ambica). We 
preliminarily find that subject merchandise has not been sold at less 
than normal value (NV) during this POR. We are also rescinding this 
review for one other producer/exporter, Mukand, Ltd. (Mukand). We 
invite interested parties to comment on these preliminary results.

DATES: Effective Date: February 1, 2013.

FOR FURTHER INFORMATION CONTACT: Joseph Shuler or David Layton, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-1293 
or (202) 482-0371, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is SSB. The SSB subject to the 
order is currently classifiable under subheadings 7222.10.00, 
7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff 
Schedule of the United States (HTSUS). The HTSUS subheadings are 
provided for convenience and customs purposes. A full description of 
the scope of the order is contained in the memorandum from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Paul

[[Page 7396]]

Piquado, Assistant Secretary for Import Administration, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty Administrative 
Review: Stainless Steel Bar from India'' dated concurrently with this 
notice (``Preliminary Decision Memorandum''), which is hereby adopted 
by this notice. The written description is dispositive.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). Access to IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and is available to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), we are rescinding this 
administrative review with respect to Mukand because Carpenter 
Technology Corporation, Crucible Industries LLC, and Valbruna Slater 
Stainless, Inc., (collectively, Petitioners) timely withdrew their 
request for review and no other party requested a review of Mukand.

Methodology

    The Department has conducted this review in accordance with Section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export Price 
is calculated in accordance with section 772(a) of the Act. Normal 
value is calculated in accordance with section 773 of the Act. In 
accordance with section 773(b) of the Act, we disregarded certain of 
Ambica's sales in the home market that were made at below-cost prices. 
For a full description of the methodology underlying our conclusion, 
please see the Preliminary Decision Memorandum.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following dumping margin for the period February 1, 2011, through 
January 31, 2012.

------------------------------------------------------------------------
          Exporter/Manufacturer                        Margin
------------------------------------------------------------------------
Ambica Steels Limited....................  0.00 percent.
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Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\1\ Pursuant 
to 19 CFR 351.309(c), interested parties may submit case briefs no 
later than 30 days after the date of publication of this notice. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than five days after the date for filing case briefs.\2\ 
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.\3\ Case and rebuttal briefs should be filed using IA 
Access.\4\
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    \1\ See 19 CFR 351.224(b).
    \2\ See 19 CFR 351.309(d).
    \3\ See 19 CFR 351.309(c)(2) and (d)(2).
    \4\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Departments 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\5\ 
Requests should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. If a request for a hearing is made, 
parties will be notified of the date and time for the hearing to be 
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230.
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    \5\ See 19 CFR 351.310(c).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, within 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the 
Act.

Assessment Rates

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries in accordance with 19 CFR 
351.212(b)(1).\6\ The Department intends to issue appropriate 
assessment instructions to CBP 15 days after publication of the final 
results of review.
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    \6\ In these preliminary results, the Department 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).
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    For Mukand, antidumping duties shall be assessed at rates 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).
    Ambica reported the name of the importer of record and the entered 
value for some of its sales to the United States during the POR. 
Pursuant to 19 CFR 351.212(b)(1), for these sales, if Ambica's 
weighted-average dumping margin is above de minimis (i.e., 0.50 
percent) in the final results of this review, we will calculate 
importer-specific 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 sales. Where Ambica did not report entered 
value, we will calculate importer-specific assessment rates for the 
merchandise in question by aggregating the dumping margins calculated 
for all U.S. sales to each importer and dividing this amount by the 
total quantity of those sales.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by Ambica for which it did not know 
its merchandise was destined for the United States. In such instances, 
we will instruct CBP to liquidate un-reviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of SSB from India entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2) of the Act: (1) The cash deposit rate for Ambica will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in this review but covered in a prior segment of the

[[Page 7397]]

proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period;
    (3) if the exporter is not a firm covered in this review, a prior 
review, or the original investigation but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; (4) the cash deposit rate for 
all other manufacturers or exporters will continue to be 12.45 percent, 
the all-others rate established in Notice of Final Determination of 
Sales at Less Than Fair Value: Stainless Steel Bar from India, 59 FR 
66915, 66921 (December 28, 1994). 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 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 24, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
    Background
    Partial Rescission
Scope of the Order
Discussion of the Methodology
    Fair Value Comparisons
    Product Comparisons
    Date of Sale
    Export Price
    Level of Trade
    Analysis of Home Market Sales Level of Trade
    Analysis of U.S. Sales Level of Trade
    Level of Trade Determination
    Normal Value
    Home Market Viability as Comparison Market
    Cost of Production Analysis
    Calculation of Cost of Production
    Test of Comparison Market Sales Prices
    Results of the COP Test
    Calculation of Normal Value Based on Comparison Market Prices
    Calculation of Normal Value Based on Constructed Value
    Currency Conversion

[FR Doc. 2013-02216 Filed 1-31-13; 8:45 am]
BILLING CODE 3510-DS-P