[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Pages 7528-7531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01979]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-847, A-475-840]


Forged Steel Fluid End Blocks From the Federal Republic of 
Germany and Italy: Amended Final Antidumping Duty Determination for the 
Federal Republic of Germany and Antidumping Duty Orders

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


[[Page 7529]]


SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing antidumping duty orders on forged steel fluid end 
blocks from the Federal Republic of Germany (Germany) and Italy. In 
addition, Commerce is amending its final affirmative determination with 
respect to Germany.

DATES: Applicable January 29, 2021.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson (Germany) or Hermes 
Pinilla (Italy), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 
or (202) 482-3477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 11, 2020, Commerce published its affirmative final 
determinations in the less-than-fair-value (LTFV) investigations of 
forged steel fluid end blocks from Germany and Italy.\1\ On December 
14, 2020, Commerce received a ministerial error allegation with respect 
to its final determination in the forged steel fluid end blocks from 
Germany investigation.\2\ See the ``Amendment to Final Determination 
for Germany'' section of this notice for further discussion. On January 
25, 2021, the ITC notified Commerce of its final determinations, 
pursuant to section 735(d) of the Tariff Act of 1930, as amended (the 
Act), that an industry in the United States is materially injured 
within the meaning of section 735(b)(1)(A)(i) of the Act by reason of 
LTFV imports of forged steel fluid end blocks from Germany and 
Italy.\3\
---------------------------------------------------------------------------

    \1\ See Forged Steel Fluid End Blocks from the Federal Republic 
of Germany: Final Determination of Sales at Less Than Fair Value, 85 
FR 80018 (December 11, 2020) (Germany Final Determination); and 
Forged Steel Fluid End Blocks from Italy: Final Determination of 
Sales at Less Than Fair Value, 85 FR 79996 (December 11, 2020).
    \2\ See FEB Fair Trade Coalition's Letter, ``Forged Steel Fluid 
End Blocks from Germany: Petitioner's Allegation of Ministerial 
Errors in the Final Determination,'' dated December 14, 2020.
    \3\ See ITC Notification Letter, Investigation Nos. 701-TA-632-
635 and 731-TA-1466 and 1468 (Final), dated January 25, 2021 (ITC 
Notification Letter).
---------------------------------------------------------------------------

Scope of the Orders

    The product covered by these orders is forged steel fluid end 
blocks from Germany and Italy. For a complete description of the scope 
of these orders, see the Appendix to this notice.

Amendment to Final Determination for Germany

    A ministerial error is defined as an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Secretary considers 
ministerial.\4\ Pursuant to section 735(e) of the Act and 19 CFR 
351.224(e) and (f), Commerce is amending the Germany Final 
Determination to reflect the correction of a ministerial error in the 
final estimated weighted-average dumping margin calculated for BGH 
Edelstahl Siegen GmbH (BGH).\5\ In addition, because BGH's estimated 
weighted-average dumping margin is the basis for the estimated 
weighted-average dumping margins for Schmiedewerke Groditz GmbH (SWG) 
and voestalpine Bohler Group (voestalpine), as well as the estimated 
weighted-average dumping margin determined for all other German 
producers and exporters of subject merchandise, we also are revising 
the estimated weighted-average dumping margins for SWG, voestalpine and 
the all-others rate in the Germany Final Determination.\6\
---------------------------------------------------------------------------

    \4\ See section 735(e) of the Act; see also 19 CFR 351.224(f).
    \5\ See Memorandum, ``Final Determination of Sales at Less-Than-
Fair-Value: Forged Steel Fluid End Blocks from the Federal Republic 
of Germany: Ministerial Error Allegation,'' dated December 23, 2020 
(Ministerial Error Memorandum).
    \6\ See infra, section on ``Estimated Weighted-Average Dumping 
Margins''; see also Ministerial Error Memorandum.
---------------------------------------------------------------------------

Antidumping Duty Orders

    On January 25, 2021, in accordance with section 735(d) of the Act, 
the ITC notified Commerce of its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured by reason of imports of forged steel fluid end 
blocks from Germany and Italy.\7\ Therefore, in accordance with section 
735(c)(2) of the Act, Commerce is issuing these antidumping duty 
orders. Because the ITC determined that imports of forged steel fluid 
end blocks from Germany and Italy are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from Germany and 
Italy, entered or withdrawn from warehouse for consumption, are subject 
to the assessment of antidumping duties.
---------------------------------------------------------------------------

    \7\ See ITC Notification Letter; see also Fluid End Blocks from 
China, Germany, India, and Italy (Inv. Nos. 701-TA-632-635 and 731-
TA-1466 and 1468 (Final), USITC Publication 5152, January 2021).
---------------------------------------------------------------------------

    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of forged steel fluid end blocks from Germany and 
Italy. With the exception of entries occurring after the expiration of 
the provisional measures period and before publication of the ITC's 
final affirmative injury determinations, as further described below, 
antidumping duties will be assessed on unliquidated entries of forged 
steel fluid end blocks from Germany and Italy entered, or withdrawn 
from warehouse, for consumption, on or after July 23, 2020, the date of 
publication of the preliminary determinations.\8\
---------------------------------------------------------------------------

    \8\ See Forged Steel Fluid End Blocks from the Federal Republic 
of Germany: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Postponement of Final Determination, and Extension 
of Provisional Measures, 85 FR 44513 (July 23, 2020) (Germany 
Preliminary Determination); and Forged Steel Fluid End Blocks from 
Italy: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 85 FR 44500 (July 23, 2020) (Italy Preliminary 
Determination).
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of forged steel fluid end blocks from Germany and Italy. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the tables 
below. Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determinations, CBP will require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the rates listed below. The relevant all-others rate 
applies to all producers or exporters not specifically listed.
    Because the estimated weighted-average dumping margin is zero for 
subject merchandise produced and exported by Metalcam S.p.A., entries 
of shipments of subject merchandise from this producer/exporter 
combination are excluded from the antidumping duty order on subject 
merchandise from Italy. This exclusion will not be applicable to

[[Page 7530]]

merchandise exported to the United States by this respondent in any 
other producer/exporter combination or by third parties that sourced 
subject merchandise from the excluded producer/exporter combination.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of forged steel fluid end blocks from Germany and Italy, Commerce 
extended the four-month period to six months in each of these 
investigations. Commerce published the preliminary determinations in 
these investigations on July 23, 2020.\9\
---------------------------------------------------------------------------

    \9\ See Germany Preliminary Determination and Italy Preliminary 
Determination.
---------------------------------------------------------------------------

    The extended provisional measures period, beginning on the date of 
publication of the preliminary determinations, ended on January 18, 
2021. Therefore, in accordance with section 733(d) of the Act and our 
practice,\10\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of forged steel fluid end blocks from Germany and 
Italy entered, or withdrawn from warehouse, for consumption after 
January 18, 2021, the final day on which the provisional measures were 
in effect, until and through the day preceding the date of publication 
of the ITC's final affirmative injury determinations in the Federal 
Register. Suspension of liquidation and the collection of cash deposits 
will resume on the date of publication of the ITC's final 
determinations in the Federal Register.
---------------------------------------------------------------------------

    \10\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, India, 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, 48392 
(July 25, 2016).
---------------------------------------------------------------------------

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

Germany

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
BGH Edelstahl Siegen GmbH...................................        4.79
Schmiedewerke Groditz GmbH..................................       78.36
voestalpine Bohler Group....................................       78.36
All Others..................................................        4.79
------------------------------------------------------------------------

Italy

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Metalcam S.p.A..............................................   \11\ 0.00
Lucchini Mame Forge S.p.A...................................        7.33
IMER International S.p.A....................................       58.48
Galperti Group..............................................       58.48
Mimest S.p.A................................................       58.48
P. Technologies S.r.L.......................................       58.48
All Others..................................................        7.33
------------------------------------------------------------------------

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

    \11\ After the final determination, Commerce directed CBP not to 
suspend liquidation of entries of subject merchandise produced and 
exported by Metalcam S.p.A. Subject merchandise from this producer/
exporter combination is excluded from the antidumping duty order on 
Italy. See ``Continuation of Suspension of Liquidation'' section 
above.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
forged steel fluid end blocks from Germany and Italy pursuant to 
section 736(a) of the Act. Interested parties can find a list of 
antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This amended final determination and antidumping duty orders are 
published in accordance with sections 735(e) and 736(a) of the Act and 
19 CFR 351.224(e) and 19 CFR 351.211(b).

    Dated: January 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The products covered by these orders are forged steel fluid end 
blocks (fluid end blocks), whether in finished or unfinished form, 
and which are typically used in the manufacture or service of 
hydraulic pumps.
    The term ``forged'' is an industry term used to describe the 
grain texture of steel resulting from the application of localized 
compressive force. Illustrative forging standards include, but are 
not limited to, American Society for Testing and Materials (ASTM) 
specifications A668 and A788.
    For purposes of these orders, the term ``steel'' denotes metal 
containing the following chemical elements, by weight: (i) Iron 
greater than or equal to 60 percent; (ii) nickel less than or equal 
to 8.5 percent; (iii) copper less than or equal to 6 percent; (iv) 
chromium greater than or equal to 0.4 percent, but less than or 
equal to 20 percent; and (v) molybdenum greater than or equal to 
0.15 percent, but less than or equal to 3 percent. Illustrative 
steel standards include, but are not limited to, American Iron and 
Steel Institute (AISI) or Society of Automotive Engineers (SAE) 
grades 4130, 4135, 4140, 4320, 4330, 4340, 8630, 15-5, 17-4, F6NM, 
F22, F60, and XM25, as well as modified varieties of these grades.
    The products covered by these orders are: (1) Cut-to-length 
fluid end blocks with an actual height (measured from its highest 
point) of 8 inches (203.2 mm) to 40 inches (1,016.0 mm), an actual 
width (measured from its widest point) of 8 inches (203.2 mm) to 40 
inches (1,016.0 mm), and an actual length (measured from its longest 
point) of 11 inches (279.4 mm) to 75 inches (1,905.0 mm); and (2) 
strings of fluid end blocks with an actual height (measured from its 
highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0 mm), an 
actual width (measured from its widest point) of 8 inches (203.2 mm) 
to 40 inches (1,016.0 mm), and an actual length (measured from its 
longest point) up to 360 inches (9,144.0 mm).
    The products included in the scope of these orders have a 
tensile strength of at least 70 KSI (measured in accordance with 
ASTM A370) and a hardness of at least 140 HBW (measured in 
accordance with ASTM E10).
    A fluid end block may be imported in finished condition (i.e., 
ready for incorporation into a pump fluid end assembly without 
further finishing operations) or unfinished condition (i.e., forged 
but still requiring one or more finishing operations before it is 
ready for incorporation into a pump fluid end assembly). Such 
finishing operations may include: (1) Heat treating; (2) milling one 
or more flat surfaces; (3) contour machining to custom shapes or 
dimensions; (4) drilling or boring holes; (5) threading holes; and/
or (6) painting, varnishing, or coating.
    Excluded from the scope of these orders are fluid end block 
assemblies which (1) include (a) plungers and related housings, 
adapters, gaskets, seals, and packing nuts, (b) valves and related 
seats, springs, seals, and cover nuts, and (c) a discharge flange 
and related seals, and (2) are otherwise ready to be mated with the 
``power end'' of a hydraulic pump without the need for installation 
of any plunger, valve, or discharge flange components, or any other 
further manufacturing operations.
    The products included in the scope of these orders may enter 
under Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7218.91.0030, 7218.99.0030, 7224.90.0015, 7224.90.0045, 
7326.19.0010, 7326.90.8688, or 8413.91.9055. While these HTSUS 
subheadings are provided for convenience and customs purposes, the

[[Page 7531]]

written description of the scope of the orders is dispositive.

[FR Doc. 2021-01979 Filed 1-28-21; 8:45 am]
BILLING CODE 3510-DS-P