[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40026-40028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17328]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-815]
Finished Carbon Steel Flanges From Spain: 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 producers or exporters of finished carbon steel flanges (flanges)
from Spain subject to this review made sales of subject merchandise at
less than normal value during the period of review (POR) February 8,
2017 through May 31, 2018. We invite interested parties to comment on
these preliminary results.
DATES: Applicable August 13, 2019.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, 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) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On June 14, 2017, we published in the Federal Register an
antidumping duty (AD) order on flanges from Spain.\1\ On June 1, 2018,
we published a notice of opportunity to request an administrative
review of the Order.\2\ Based on timely requests for administrative
review, we initiated an administrative review of six companies: (1)
ULMA Forja, S.Coop (ULMA); (2) Grupo Cunado; (3) Tubacero, S.L.; (4)
Ateaciones De Metales Sinterizados S.A.; (5) Transglory S.A.; and (6)
Central Y Almacenes.\3\ On September 25, 2018, we selected ULMA as the
sole mandatory respondent in this review.\4\ For a complete description
of the events that followed the initiation of this administrative
review, see the Preliminary Decision Memorandum.\5\ The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's AD and Countervailing Duty Centralized
Electronic Service System (ACCESS). ACCESS is available to registered
users at https://access.trade.gov, and to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly on the internet at http://enforcement.trade.gov/frn/. The
signed and the electronic versions of the Preliminary Decision
Memorandum are identical in content. A list of topics included in the
Preliminary Decision Memorandum is included as the appendix to this
notice.
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\1\ See Finished Carbon Steel Flanges from Spain: Antidumping
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 25429 (June 1, 2018).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 39688 (August 10, 2018).
\4\ See Memorandum, ``Selection of Respondents for the 2017-2018
Administrative Review of the Antidumping Duty Order on Finished
Carbon Steel Flanges from Spain,'' dated September 25, 2018.
\5\ See Memorandum, ``Finished Carbon Steel Flanges from Spain:
Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018 through
the resumption of operations on January 29, 2019.\6\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. On March 15,
2019, we extended the deadline for the preliminary results by 120
days.\7\ The revised deadline for these preliminary results is now
August 9, 2019.
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\6\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\7\ See Memorandum, ``Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review, 2017-2018,'' dated March 15, 2019.
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Scope of the Order
The scope of the Order covers finished carbon steel flanges.
Finished carbon steel flanges are currently classified under
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff
Schedule of the United States (HTSUS). They may also be entered under
HTSUS subheadings 7307.91.5030 and 7307.91.5070. The HTSUS subheadings
are provided for convenience and customs purposes; the written
description of the scope is dispositive. A full description of the
scope of the Order is contained in the Preliminary Decision Memorandum.
[[Page 40027]]
Methodology
Commerce conducted this review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. Normal value is
calculated 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 Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period February 8, 2017 through May 31,
2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
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ULMA Forja, S.Coop.......................................... 4.40
Grupo Cunado................................................ 4.40
Tubacero, S.L............................................... 4.40
Ateaciones De Metales Sinterizados S.A...................... 4.40
Transglory S.A.............................................. 4.40
Central Y Almacenes......................................... 4.40
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All-Others Rate
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation. 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{time} .'' In this segment of the proceeding,
we calculated a margin for ULMA that was not zero, de minimis, or based
on facts available. Accordingly, we have preliminarily applied the
margin calculated for ULMA to the non-individually examined
respondents.
Disclosure and Public Comment
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). Interested parties may submit case briefs no later than 30
days after the date of publication of these preliminary results of
review.\8\ Rebuttal briefs may be filed no later than five days after
case briefs are due and may respond only to arguments raised in the
case briefs.\9\ 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.\10\
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\8\ See 19 CFR 351.309(c)(ii).
\9\ See 19 CFR 351.309(d).
\10\ 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.\11\ 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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\11\ See 19 CFR 351.310(c).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rate
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\12\ If the respondent's
weighted-average dumping margin is above de minimis (i.e., 0.50
percent) in the final results of this review, we intend to calculate an
importer-specific assessment rate on the basis of the ratio of the
total amount of antidumping duties calculated for the importer's
examined sales and the total entered value of the sales in accordance
with 19 CFR 351.212(b)(1).\13\ If the respondent's weighted-average
dumping margin is zero or de minimis in the final results, we will
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews.\14\ The final results of this
administrative review shall be the basis for the assessment of
antidumping duties on entries of merchandise under review and for
future deposits of estimated duties, where applicable.
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\12\ See 19 CFR 351.212(b)(1).
\13\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\14\ Id., 77 FR at 8102.
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For entries of subject merchandise during the POR produced by ULMA
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 for estimated antidumping duties
will be effective upon publication of the notice of final results of
this review for all shipments of flanges from Spain 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 the companies under review, will be the rate
established in the final results of the review (except, if the rate is
zero or de minimis, no cash deposit will be required); (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
18.81 percent,\15\ the all-others rate established in the less-than-
fair-value investigation.
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\15\ See Order, 82 FR 27229.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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.
[[Page 40028]]
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 Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
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: August 7, 2019.
Jeffrey I. Kessler,
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. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-17328 Filed 8-12-19; 8:45 am]
BILLING CODE 3510-DS-P