[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21391-21394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08137]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-871]


Finished Carbon Steel Flanges From India: Final Results of 
Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) finds that the 
producers/exporters subject to this administrative review made sales of 
finished carbon steel flanges (flanges) from India at less than normal 
value during the period of review (POR), February 8, 2017 through July 
31, 2018.

DATES: Applicable April 17, 2020.

FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-2924.

SUPPLEMENTARY INFORMATION: 

Background

    This administrative review covers 37 producers/exporters of the 
subject merchandise. Commerce selected two companies, the Norma Group 
\1\ and R.N. Gupta & Co. Ltd. (Gupta) for individual examination as the 
mandatory respondents in this administrative review.\2\ On October 29, 
2019, Commerce published the Preliminary Results of this administrative 
review and invited interested parties to comment.\3\ On December 2, 
2019, Norma Group submitted its case brief.\4\ On the same day, 
Weldbend Corporation and Boltex Manufacturing Co., L.P. (collectively, 
the petitioners), submitted two case briefs, one related to Norma Group 
and one related to Gupta.\5\ On December 9, 2019, Norma Group and Gupta 
each submitted a rebuttal brief.\6\ However, Commerce rejected Gupta's 
rebuttal brief on February 7, 2020, because it contained untimely 
submitted factual information.\7\ Gupta submitted a redacted version of 
its original rebuttal brief on February 10, 2020.\8\ No other party 
submitted case or rebuttal briefs. On February 13, 2020, we extended 
the deadline for these final results, until April 10, 2020.\9\
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    \1\ The Norma Group consists of the following companies: Norma 
(India) Limited (Norma), USK Exports Private Limited, Uma Shanker 
Khandelwal & Co., and Bansidhar Chiranjilal. The agency collapsed 
these companies for purposes of respondent selection because they 
were collapsed in a prior segment of this proceeding (i.e., 
investigation). See Finished Carbon Steel Flanges from India: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 82 FR 9719 (February 8, 2017), 
and accompanying Preliminary Determination Memorandum at 4 
(collectively, Preliminary Determination); unchanged in Finished 
Carbon Steel Flanges from India: Final Determination of Sales at 
Less Than Fair Value, 82 FR 29483 (June 29, 2017) (Final 
Determination). Norma Group presented evidence that the factual 
basis on which Commerce made its prior determination has not 
changed. See Norma Group's March 1, 2019 Supplemental Questionnaire 
Response (Norma Group March 1, 2019 SQR) at 12-20. Accordingly, we 
continue to collapse and treat these companies as a single entity 
for purposes of this proceeding.
    \2\ See Memorandum, ``Antidumping Duty Administrative Review of 
Finished Carbon Steel Flanges from India: Respondent Selection,'' 
dated November 9, 2018.
    \3\ See Finished Carbon Steel Flanges from India: Preliminary 
Results of Antidumping Duty Administrative Review; 2017-2018, 84 FR 
57848 (October 29, 2019), and accompanying Preliminary Decision 
Memorandum (collectively, the Preliminary Results).
    \4\ See Norma Group's Case Brief, ``Finished Carbon Steel 
Flanges from India: Norma's Comments on the Preliminary Results,'' 
dated December 2, 2019.
    \5\ See Petitioners' Case Briefs, ``Finished Carbon Steel 
Flanges from India: Case Brief--Weldbend Corporation and Boltex 
Manufacturing Co., L.P.,'' dated December 2, 2019.
    \6\ See Norma Group's Rebuttal Brief, ``Finished Carbon Steel 
Flanges from India: Norma's Rebuttal Comments,'' dated December 9, 
2019.
    \7\ See Commerce Letter, ``Finished Carbon Steel Flanges from 
India: Rejection of Rebuttal Brief,'' dated February 7, 2020.
    \8\ See Gupta Rebuttal Brief, ``Finished Carbon Steel Flanges 
from India: Redacted Rebuttal Brief of R.N. Gupta & Company 
Limited,'' dated February 10, 2020.
    \9\ See Memorandum, ``Finished Carbon Steel Flanges from India: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated February 13, 2020.

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[[Page 21392]]

Scope of the Order \10\
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    \10\ See Finished Carbon Steel Flanges from India and Italy: 
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (the Order).
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    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. While HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this Order is dispositive. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.\11\
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    \11\ See Memorandum, ``Issues and Decisions Memorandum for the 
Final Results of Administrative Review: Finished Carbon Steel 
Flanges from India; 2017-2018,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decisions Memorandum).
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Analysis of Comments Received

    All issues raised by the parties in their case and rebuttal briefs 
are listed in the appendix to this notice and addressed in the Issues 
and Decision Memorandum. The Issues and 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 and is available to all parties in the Central Records 
Unit, Room B8024 of the main Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/index.html. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision Memorandum, Commerce made certain 
changes to the preliminary weighted-average dumping margin for the 
Norma Group, and the companies not selected for individual examination 
in this administrative review.

Final Results of Administrative Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period February 8, 2017 through 
July 31, 2018:

------------------------------------------------------------------------
                                                       Weighted-average
                 Producers/exporters                    dumping margin
                                                           (percent)
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R.N. Gupta & Co., Ltd...............................                1.20
Norma (India) Limited/USK Exports Private Limited/                  0.00
 Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal
 \12\...............................................
Adinath International...............................                1.20
Allena Group........................................                1.20
Alloyed Steel.......................................                1.20
Bebitz Flanges Works Private Limited................                1.20
C.D. Industries.....................................                1.20
CHW Forge Pvt. Ltd \13\.............................                1.20
CHW Forge...........................................                1.20
Citizen Metal Depot.................................                1.20
Corum Flange........................................                1.20
DN Forge Industries.................................                1.20
Echjay Forgings Limited.............................                1.20
Falcon Valves and Flanges Private Limited...........                1.20
Heubach International...............................                1.20
Hindon Forge Pvt. Ltd...............................                1.20
Jai Auto Private Limited............................                1.20
Kinnari Steel Corporation...........................                1.20
M F Rings and Bearing Races Ltd.....................                1.20
Mascot Metal Manufactures...........................                1.20
OM Exports..........................................                1.20
Punjab Steel Works (PSW)............................                1.20
R. D. Forge.........................................                1.20
Raaj Sagar Steels...................................                1.20
Ravi Ratan Metal Industries.........................                1.20
Rolex Fittings India Pvt. Ltd.......................                1.20
Rollwell Forge Pvt. Ltd.............................                1.20
SHM (ShinHeung Machinery)...........................                1.20
Siddhagiri Metal & Tubes............................                1.20
Sizer India.........................................                1.20
Steel Shape India...................................                1.20
Sudhir Forgings Pvt. Ltd............................                1.20
Tirupati Forge......................................                1.20
Umashanker Khandelwal Forging Limited...............                1.20
------------------------------------------------------------------------

Rate for Non-Selected Respondents

    For the rate for non-selected respondents in an administrative 
review, generally, Commerce looks to section 735(c)(5) of the Tariff 
Act of 1930, as amended (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

[[Page 21393]]

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 
weighted-average dumping margin for Gupta that was not zero, de 
minimis, or based on facts available. Accordingly, we applied the 
weighted-average dumping margin calculated for Gupta to the non-
individually examined respondents.
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    \12\ Commerce previously collapsed these companies for purposes 
of respondent selection, because they were collapsed in a prior 
segment of this proceeding (i.e., investigation). See Preliminary 
Determination); unchanged in Final Determination. Norma Group 
presented evidence that the factual basis on which Commerce made its 
prior determination has not changed. See Norma Group March 1, 2019 
SQR at 12-20. Accordingly, we continue to collapse and treat these 
companies as a single entity for purposes of this proceeding.
    \13\ The name of this company was incorrected spelled ``CHQ 
Forge Pvt. Ltd.'' in the initiation notice. See Petitioners' Letter, 
``Finished Carbon Steel Flanges from India: Request for 
Administrative Review,'' dated August 31, 2018; and Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 83 FR 
50077 (October 4, 2018).
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Disclosure of Calculations

    We intend to disclose the calculations performed for these final 
results to parties in this proceeding within five days of the date of 
publication of this notice, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. For Gupta, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific ad valorem antidumping duty assessment 
rates by aggregating the total amount of dumping calculated for the 
examined sales of each importer and dividing each of these amounts by 
the total entered value associated with those sales. We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review where an importer-specific assessment rate is not zero or 
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the importer-specific assessment rate is zero or de minimis.
    For Norma, we will instruct CBP to liquidate its entries during the 
POR imported by the importers identified in its questionnaire responses 
without regard to antidumping duties because its weighted-average 
dumping margin in these final results is zero.\14\
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    \14\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103, 8103 (February 14, 
2012).
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    For companies that were not selected for individual examination, we 
will instruct CBP to liquidate unreviewed entries based on the 
methodology described in the ``Rate for Non-Selected Respondents'' 
section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by any company upon which 
we initiated an administrative review, for which they did not know that 
the 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.\15\
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    \15\ 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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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this administrative review.

Cash Deposit Requirements

    The following deposit requirements for estimated antidumping duties 
will be effective upon publication of the notice of these final results 
of review for all shipments of flanges from India entered, or withdrawn 
from warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rates 
for the reviewed companies will be the rates established in these final 
results of review, except if the rate is less than 0.50 percent and, 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rate will be zero; (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, then the cash deposit rate will be the rate established for the 
most recent period for the producer of the subject merchandise; (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 8.91 percent,\16\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements shall remain 
in effect until further notice.
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    \16\ See Order, 82 FR at 40138 (August 24, 2017).
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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 and/or countervailing 
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 and/or 
countervailing duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the disposition 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 the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing notice of these final results in 
accordance with sections 751(a) and 777(i)(1) of the Act. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
May 19, 2020, unless extended.\17\
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    \17\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020).

    Dated: April 10, 2020.
Jeffrey I. Kessler,
Assistant Secretaryfor Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
    Comment 1: Gupta's Scrap Offset
    Comment 2: Gupta's Interest Income Offset
    Comment 3: Operating Expenses of Bansidhar Chiranjilal
    Comment 4: Ministerial Error

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VI. Recommendation

[FR Doc. 2020-08137 Filed 4-16-20; 8:45 am]
BILLING CODE 3510-DS-P