[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Notices]
[Pages 15582-15584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07560]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the producers/exporters subject to this review made sales of 
stainless steel bar (SS Bar) from India at less than normal value 
during the period of review (POR) February 1, 2017, through January 31, 
2018. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable April 16, 2019.

FOR FURTHER INFORMATION CONTACT: Mark Kennedy or Hermes Pinilla, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-7883 or (202) 482-3477, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers four producers/exporter of the subject 
merchandise, Venus Wire Industries Pvt. Ltd., and its affiliates 
Hindustan Inox, Precision Metals and Sieves Manufacturers (India) Pvt. 
Ltd. (collectively, the Venus Group),\1\ Jindal Stainless Hisar Ltd. 
(Jindal), Jindal Stainless Limited, and Laxcon Steels Limited.
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    \1\ Commerce has previously determined that Venus Wire 
Industries Pvt. Ltd., and its affiliates Hindustan Inox, Precision 
Metals and Sieves Manufacturers (India) Pvt. Ltd. constitute a 
single entity. See Stainless Steel Bar From India: Preliminary 
Results of Changed Circumstances Review and Intent To Reinstate 
Certain Companies in the Antidumping Duty Order, 82 FR 48483 
(October 18, 2017) and accompanying Preliminary Decision Memorandum 
at 3-5, unchanged in Final Results of Changed Circumstances Review 
and Reinstatement of Certain Companies in the Antidumping Duty 
Order, 83 FR 17529 (April 20, 2018). We have received no information 
on the record of this review to dispute that finding.
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Scope of the Order

    The merchandise subject to the order is SS Bar. Imports of the 
product are currently classifiable in the Harmonized Tariff Schedule of 
the United States (HTSUS) under subheadings 7222.11.00, 7222.19.00, 
7222.20.00, 7222.30.00. While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description is 
dispositive. A full description of the scope of the order is contained 
in the Preliminary Decision Memorandum.\2\
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    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Stainless Steel 
Bar from India: 2017-2018,'' dated concurrently with, and hereby 
adopted by this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Reviewable Entries

    Based on our review of the U.S. Customs and Border Protection (CBP) 
data, we found no evidence of reviewable entries made by Jindal 
Stainless Limited during the POR.\3\ However, Jindal Stainless Limited 
did not file a letter on the record stating whether or not it had 
shipments during the POR. It is Commerce's long-standing practice to 
rely on both a company's timely filed no-shipment letter and CBP data 
corroborating such company's no-shipment claim to determine that the 
company made no shipments during the POR.\4\ Consistent with this 
practice, we find that it is not appropriate to rescind the review with 
respect to Jindal Stainless Limited. Rather, we will complete the 
review with respect to Jindal Stainless Limited and issue appropriate 
instructions to CBP based on the final results.\5\
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    \3\ See Memorandum to the File, ``Antidumping Duty 
Administrative Review on Stainless Steel Bar from India: Release of 
Customs and Border Protection Data,'' dated May 1, 2018. See also 
Memorandum, ``Re: Selection of respondents for Individual 
Examination,'' dated June 22, 2018.
    \4\ See Certain Cut-to-Length Carbon-Quality Steel Plate 
Products from the Republic of Korea: Final Results of Antidumping 
Duty Administrative Review; 2012-2013, 79 FR 54264 (September 11, 
2014), and accompanying Issues and Decisions Memorandum at Comment 
5.
    \5\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Final Results and Final Rescission, In Part, of 
Administrative Review and Final Results of New Shipper Review; 2013, 
80 FR 34619 (June 17, 2015).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export 
prices were calculated in accordance with section 772 of the Act.

[[Page 15583]]

Normal value was calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public 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 Commerce's Central Records Unit, located at room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. A list of topics discussed in the 
Preliminary Decision Memorandum is attached at the Appendix to this 
notice.

Preliminary Results of Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the respondents for the period February 1, 
2017, through January 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Venus Group.................................................       77.49
Jindal Stainless (Hisar) Limited............................       95.21
Laxcon Steels Limited.......................................       77.49
------------------------------------------------------------------------

Disclosure and Public Comment

    With respect to the Venus Group, we intend to disclose the 
calculations performed for these preliminary results to the parties 
within five days after public announcement of the preliminary results 
in accordance with 19 CFR 351.224(b). Because we preliminarily 
determined an antidumping margin for Jindal in these preliminary 
results, based on the application of adverse facts available, in 
accordance with section 776 of the Act, there are no calculations to 
disclose.
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not 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.\6\ 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.\7\
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    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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 Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\8\ 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.
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    \8\ See 19 CFR 351.310(c).
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    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) and (2).

Assessment Rates

    Upon issuance of the final results in this administrative review, 
Commerce shall determine and CBP shall assess antidumping duties on all 
appropriate entries covered by this POR. If the preliminary results are 
unchanged for the final results, we will instruct CBP to apply the ad 
valorem assessment rates listed above to all entries of subject 
merchandise during the POR which were exported by the companies named 
above.
    For entries of subject merchandise during the POR produced by the 
Venus Group for which it did not know its merchandise was destined for 
the United States, we 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.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of this review for all 
shipments of SS Bar 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 companies 
subject to this review will be the rates established in the final 
results of the review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published 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 producer is, the cash deposit rate will be the 
rate established for the most recent period for the producer of the 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 12.45 percent, the all-others rate 
established in the less-than-fair-value investigation.\9\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Bar from India, 59 FR 66915, 66921 (December 
28, 1994).
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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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.
    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).

    Dated: April 9, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Cost of Production Analysis for the Venus Group
V. Application of Facts Otherwise Available and Adverse Inferences
    A. Application of AFA to the Venus Group
    B. Application of AFA to JSHL
    C. Selection of AFA Rate
VI. Rate for Respondent Not Selected for Individual Examination
VII. Discussion of the Methodology
    (1) Comparisons to Normal Value
    A. Determination of Comparison Method

[[Page 15584]]

    B. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
    A. Comparison Market Viability
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
XII. Currency Conversion
XIII. Recommendation

[FR Doc. 2019-07560 Filed 4-15-19; 8:45 am]
BILLING CODE 3510-DS-P