[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Pages 83051-83054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28087]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-871]


Finished Carbon Steel Flanges from India: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination of 
No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
the Norma Group and R.N. Gupta & Co. Ltd. (Gupta), producers/exporters 
of finished carbon steel flanges (flanges) from India, did not sell 
subject merchandise at prices below normal value (NV) during the period 
of review (POR) August 1, 2018 through July 31, 2019. Additionally, 
Commerce preliminarily determines that Silbo Industries, Inc. (Silbo) 
had no shipments of subject merchandise during the POR. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 21, 2020.

FOR FURTHER INFORMATION CONTACT: Fred Baker, George McMahon, or 
Margaret Collins, 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) 482-2924, (202) 482-1167, or (202) 482-6250, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 2019, we published in the Federal Register a notice of 
opportunity to request an administrative review of the antidumping duty 
order on flanges from India, for the period August 1, 2018 through July 
31, 2019.\1\ Subsequently, Commerce received timely requests for an 
administrative review from the petitioners,\2\ Gupta, the Norma Group, 
Bebitz Flanges Works Private Limited (Bebitz), and Jai Auto Pvt. Ltd. 
of India (Jai Auto).\3\ On October

[[Page 83052]]

7, 2019, Commerce initiated an administrative review of the Order with 
respect to 41 companies.\4\ On December 27, 2019, Commerce selected 
Gupta and the Norma Group \5\ as the mandatory respondents for this 
review.\6\ On April 9, 2020, Commerce extended the deadline for the 
preliminary results of this review until August 28, 2020.\7\ On April 
24, 2020 Commerce tolled all deadlines in administrative reviews by 50 
days.\8\ On July 21, 2020 Commerce tolled all deadlines in 
administrative reviews by an additional 60 days.\9\ Accordingly, the 
deadline for the preliminary results of this administrative review is 
now December 16, 2020. For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\10\
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    \1\ See Finished Carbon Steel Flanges from India and Italy: 
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order); see 
also Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review, 84 FR 
37834, 37835 (August 2, 2019).
    \2\ The petitioners are Weldbend Corporation and Boltex 
Manufacturing Co., L.P. (collectively, the petitioners).
    \3\ See Petitioners' Letter, ``Request for Administrative 
Review,'' dated September 3, 2019; see also Gupta's Letter, 
``Request for Anti-Dumping Duty Administrative Review,'' dated 
August 30, 2019; Norma Group's Letter, ``Request for an 
Administrative Review,'' dated August 30, 2019, and Norma Group's 
Letter, ``Request for Anti-Dumping Duty Administrative Review of 
Norma (India) Limited, USK Export Private Limited, Umashanker 
Khandelwal and Co. and Bansidhar Chiranjilal,'' dated September 3, 
2019; Bebitz's Letter, ``Requests for Administrative Review,'' dated 
September 3, 2019; and Jai Auto's Letter, ``Request for Anti-Dumping 
Duty Administrative Review of Finished Carbon Steel Flanges from 
India,'' dated August 31, 2019.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation 
Notice).
    \5\ In prior segments of this proceeding, we determined that 
Norma (India) Limited; USK Exports Private Limited; Uma Shanker 
Khandelwal & Co.; and Bansidhar Chiranjilal should be collapsed and 
treated as a single entity (the Norma Group). 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) (Preliminary Determination) and accompanying 
Preliminary Decision Memorandum at 4-5; 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); 
Finished Carbon Steel Flanges from India: Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018, 84 FR 57848, 
57849 (October 29, 2019), unchanged in Finished Carbon Steel Flanges 
from India: Final Results of Antidumping Duty Administrative Review; 
2017- 2018, 85 FR 21391 (April 17, 2020) (2017-2018 Final Results). 
In this review, the Norma Group presented evidence that the factual 
basis on which Commerce made its prior determination has not 
changed. See Norma Group's July 23, 2020 Supplemental Questionnaire 
Response (Norma July 23, 2020 SQR) at 2-8. Therefore, in this 
administrative review, Commerce continues to collapse and treat 
these four companies as a single entity.
    \6\ See Memorandum, ``Antidumping Duty Administrative Review of 
Finished Carbon Steel Flanges from India: Respondent Selection,'' 
dated December 27, 2019.
    \7\ See Memorandum, ``Finished Carbon Steel Flanges from India: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review,'' dated April 9, 2020.
    \8\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \9\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \10\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Finished Carbon 
Steel Flanges from India; 2018-2019,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is finished carbon steel 
flanges from India. The product is currently classified under 
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff 
System of the United States (HTSUS). Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of merchandise subject to the scope is dispositive.\11\
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    \11\ For a complete description of the scope of the Order, see 
the Preliminary Decision Memorandum.
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Rate for Non-Selected Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Tariff Act 
of 1930, as amended (the Act). 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, for guidance when 
calculating the rate for companies which were not selected for 
individual examination in an administrative review. 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{time} ''
    We preliminarily calculated a zero percent dumping margin for Gupta 
and the Norma Group, the mandatory respondents in this review, and have 
assigned this rate (i.e., 0.00 percent) to the non-selected 
companies.\12\ For additional information, see the Preliminary Decision 
Memorandum. 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. 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. A list of the topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice.
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    \12\ See, e.g., Xanthan Gum from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review, 
and Partial Rescission; 2018-2019, 85 FR 75686, 74687 (November 23, 
2020); see also Albemarle Corp. v. United States, 821 F. 3d 1345 
(Fed. Cir. 2016); see also Emulsion Styrene-Butadiene Rubber From 
the Republic of Korea: Preliminary Results of the Administrative 
Review of the Antidumping Duty Order; 2018-2019, 85 FR 39534 (July 
1, 2020).
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act and normal value is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by Silbo, we preliminarily 
determine that Silbo had no shipments of the subject merchandise during 
the POR.\13\ Consistent with Commerce's practice, we will not rescind 
the review with respect to Silbo, but will complete the review and 
issue instructions to CBP based on the final results.\14\
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    \13\ See Preliminary Decision Memorandum.
    \14\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
Taiwan: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2017- 2018, 85 FR 1139 (January 
9, 2020).
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Preliminary Results of Review

    As a result of this review, Commerce preliminarily determines that 
the following weighted-average dumping margins exist for the period 
August 1, 2018 through July 31, 2019:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                   Producers/exporters                        dumping
                                                              margin
                                                             (percent)
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R. N. Gupta & Co., Ltd..................................            0.00

[[Page 83053]]

 
Norma (India) Limited/USK Exports Private Limited/Uma               0.00
 Shanker Khandelwal & Co./Bansidhar Chiranjilal \15\....
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Review-Specific Average Rate Applicable to the Following Companies:.....
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Adinath International...................................            0.00
Allena Group............................................            0.00
Alloyed Steel...........................................            0.00
Bebitz Flanges Works Private Limited....................            0.00
C.D. Industries.........................................            0.00
CHQ Forge...............................................            0.00
CHW Forge Pvt. Ltd......................................            0.00
Citizen Metal Depot.....................................            0.00
Corum Flange............................................            0.00
DN Forge Industries.....................................            0.00
Echjay Forgings Limited.................................            0.00
Falcon Valves and Flanges Private Limited...............            0.00
Heubach International...................................            0.00
Hindon Forge Pvt. Ltd...................................            0.00
Jai Auto Private Limited................................            0.00
Kinnari Steel Corporation...............................            0.00
M F Rings and Bearing Races Ltd.........................            0.00
Mascot Metal Manufactures...............................            0.00
OM Exports..............................................            0.00
Punjab Steel Works (PSW)................................            0.00
R. D. Forge.............................................            0.00
Raaj Sagar Steels.......................................            0.00
Ravi Ratan Metal Industries.............................            0.00
Rolex Fittings India Pvt. Ltd...........................            0.00
Rollwell Forge Pvt. Ltd.................................            0.00
SHM (ShinHeung Machinery)...............................            0.00
Siddhagiri Metal & Tubes................................            0.00
Sizer India.............................................            0.00
Steel Shape India.......................................            0.00
Sudhir Forgings Pvt. Ltd................................            0.00
Tirupati Forge..........................................            0.00
Umashanker Khandelwal Forging Limited...................            0.00
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Disclosure and Public Comment
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    \15\ Commerce initiated on ``Uma Shanker Khandelwal & Co.'' and 
``Umashanker Khandelwal and Co.'' based on the requests for 
administrative review that Commerce received from the interested 
parties. See Initiation Notice. Because of the minor differences in 
the spelling of the aforementioned company names, we have combined 
them under the name Uma Shanker Khandelwal & Co., which is part of 
the collapsed entity, the Norma Group. Furthermore, we initiated on 
``USK Export Private Limited,'' but the requests for a review of 
this company referenced both ``USK Export Private Limited'' and 
``USK Exports Private Limited.'' In these preliminary results, we 
have combined them under the name USK Exports Private Limited, which 
is part of the collapsed entity, the Norma Group.
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    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice, in accordance with 
19 CFR 351.224(b).
    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\16\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than seven days after the date for filing case briefs.\17\ 
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.
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    \16\ See 19 CFR 351.309(c)(1)(ii).
    \17\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020).
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    All submissions to Commerce must be filed electronically using 
ACCESS, and must also be served on interested parties.\18\ 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 on the date that the document is due.
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    \18\ See 19 CFR 351.303(f).
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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 within 30 days of publication of this notice.\19\ 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 and rebuttal briefs.
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    \19\ See 19 CFR 351.310(c).
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    Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.213(h)(2), 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 extended.\20\
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    \20\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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.\21\
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    \21\ See 19 CFR 351.212(b)(1).
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    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., greater than or equal to 0.5 
percent) in the final results of this review, we will calculate 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of antidumping duties calculated for the examined 
sales to the total entered value of the examined sales to that 
importer, and we will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review. For entries of subject 
merchandise during the POR produced by each respondent for which it did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\22\ Where either the individually-selected respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \22\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section. The final results 
of this review shall be the basis for the assessment of antidumping 
duties on entries of merchandise covered by this review where 
applicable.
    We intend to issue instructions to CBP 15 days after the date of 
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 administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate 
for the companies under review will be the rate established in the 
final results of this review, except if the rate is de minimis within 
the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in 
which case the cash deposit rate will be zero; (2) for merchandise 
exported by manufacturers 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 
recently completed segment; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original

[[Page 83054]]

investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 11.95 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\23\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \23\ See Order.
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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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: December 15, 2020.
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. Preliminary Determination of No Shipments
V. Rates for Non-Examined Companies
VI. Discussion of the Methodology
VII. Recommendation

[FR Doc. 2020-28087 Filed 12-18-20; 8:45 am]
BILLING CODE 3510-DS-P