[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1061-1062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00746]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-863]


Certain Corrosion-Resistant Steel Products From India: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
exporters of certain corrosion-resistant steel products (CORE) sold 
subject merchandise in the United States at prices below normal value 
(NV) during the period of review (POR), July 1, 2017, through June 30, 
2018. We invite all interested parties to comment on these preliminary 
results.

DATES: Effective February 1, 2019.

FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0652.

SUPPLEMENTARY INFORMATION: 

Background

    On September 10, 2018, Commerce initiated the antidumping 
administrative review on certain-corrosion resistant steel products 
from India.\1\ This administrative review covers: Atlantis 
International Services Company Ltd., Uttam Galva Steels (BVI) Limited, 
Uttam Galva Steels Limited, Uttam Galva Steels, Netherlands B.V., Uttam 
Value Steels Limited (collectively, Uttam Galva); and JSW Coated 
Products Ltd. and JSW Steel Ltd. (collectively, JSW), producers/
exporters of subject merchandise.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 45597 (September 10, 2018).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this review are CORE from India. For a full 
description of the scope, see the Preliminary Decision Memorandum dated 
concurrently with, and hereby adopted by, this notice.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review'' (dated 
concurrently with this notice) (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (a)(2) of the Tariff Act of 1930, as amended (the 
Act).\3\ For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov, and to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea, and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016) (Order).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    On September 21, 2018, JSW timely filed a certification stating it 
had no shipments, exports, sales, or entries of subject merchandise 
into the United States during the POR.\4\ Subsequently, Commerce 
received confirmation from U.S. Customs and Border Protection (CBP) of 
JSW's no shipment claims.\5\ Based on JSW's certification and CBP's 
confirmation, Commerce preliminarily determines that JSW had no 
shipments during the POR. For additional information regarding this 
determination, see the Preliminary Decision Memorandum. Consistent with 
our practice, Commerce is not rescinding this administrative review 
with respect to JSW at this time, but intends to complete the review 
and issue appropriate instructions to CBP based on the final results of 
this review.\6\
---------------------------------------------------------------------------

    \4\ See JSW's Letter, ``No Shipment Certification,'' dated 
September 21, 2018.
    \5\ See Memorandum, ``No Shipment Certification,'' dated October 
3, 2018.
    \6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014).
---------------------------------------------------------------------------

Adverse Facts Available

    Commerce issued the antidumping (AD) questionnaire on September 10, 
2018, to Uttam Galva.\7\ Uttam Galva failed to provide requested 
information and failed to cooperate by not acting to the best of its 
ability to comply with a request for information from Commerce in this 
review. As a result, we preliminarily determine to apply facts 
otherwise available with an adverse inference (AFA) to this respondent, 
in accordance with sections 776(a) and (b) of the Act and 19 CFR 
351.308. For further discussion, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \7\ The AD questionnaire was issued to Atlantis International 
Services Company Ltd.; Uttam Galva Steels (BVI) Limited; Uttam Galva 
Steels Limited; Uttam Value Steels Limited; and Uttam Galva Steels, 
Netherlands B.V., collectively, based on Commerce's finding in the 
investigation that these companies were a single entity. See Certain 
Corrosion-Resistant Steel Products from India: Final Determination 
of Sales at Less than Fair Value and Final Negative Determination of 
Critical Circumstances, 81 FR 35329, 35330 (June 2, 2016).
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine that, for 
the period of July 1, 2017, through June 30, 2018, the following 
weighted-average dumping margin applies:

 
------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Uttam Galva Steels Limited \8\..........................           71.09
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results within five days 
after the date of any public announcement, in accordance with 19 CFR 
351.224(b). However, there are no calculations to disclose in 
connection with these preliminary results because,

[[Page 1062]]

in accordance with section 776 of the Act, Commerce preliminarily 
applied AFA to Uttam Galva, the mandatory respondent, and Commerce has 
preliminarily determined as the AFA rate a dumping margin applied in a 
prior segment of this proceeding.
---------------------------------------------------------------------------

    \8\ This rate also applies to: Atlantis International Services 
Company Ltd., Uttam Galva Steels (BVI) Limited, Uttam Galva Steels, 
Netherlands B.V., and Uttam Value Steels Limited.
---------------------------------------------------------------------------

    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\9\ 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.\10\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(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. Case and rebuttal 
briefs should be filed using ACCESS.\11\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Standard 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; (3) whether any participant is a foreign 
national; and (4) a list of issues parties intend to discuss. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, at a time and date to be 
determined.\12\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless the deadline is extended.\13\
---------------------------------------------------------------------------

    \13\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\14\ The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.\15\ We intend to issue instructions 
to CBP 15 days after the date of publication of the final results of 
this review.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b).
    \15\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following 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 Uttam Galva will 
be the rate established in the final results of this review; (2) for 
previously reviewed or investigated companies not participating in 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 the company was reviewed; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original 
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 subject merchandise; and (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 0.00 percent, the all-others rate established in the 
investigation.\16\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \16\ See Order, 81 FR at 48393.
---------------------------------------------------------------------------

Notification to Importers

    This notice 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 POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    The preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: December 21, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Available and Adverse Inferences
    A. Legal Authority
    B. Application of Facts Available to Uttam Galva
    C. Use of Adverse Inference
    D. Selection and Corroboration of AFA Rate
V. Preliminary Determination of No Shipments
VI. Conclusion

 [FR Doc. 2019-00746 Filed 1-31-19; 8:45 am]
 BILLING CODE 3510-DS-P