[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Notices]
[Pages 23931-23932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09413]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-815]


Finished Carbon Steel Flanges From Spain: Final Results of 
Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) finds that sales of 
finished carbon steel flanges (flanges) from Spain were made at less 
than normal value (NV) during the period of review (POR), June 1, 2018, 
through May 31, 2019.

DATES: Applicable May 5, 2021.

FOR FURTHER INFORMATION CONTACT: Marc Castillo or Mark Flessner, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-0519 or (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 2, 2020, Commerce published the Preliminary Results of 
this administrative review and invited interested parties to comment on 
the Preliminary Results.\1\ These final results cover eight companies 
for which an administrative review was initiated and not rescinded. On 
December 2, 2020, ULMA Forja, S.Coop (ULMA) submitted its case 
brief.\2\ On the same day, Weldbend Corporation and Boltex 
Manufacturing Co., L.P. (collectively, the petitioners) submitted their 
case brief.\3\ On December 9, 2020, the petitioners submitted their 
rebuttal brief.\4\ On February 11, 2021, Commerce extended the deadline 
for these final results, until April 30, 2021.\5\
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    \1\ See Finished Carbon Steel Flanges from Spain: Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019, 85 FR 
69314 (November 2, 2020) (Preliminary Results); see also Memorandum, 
``Finished Carbon Steel Flanges from Spain, 2018-2019: Preliminary 
Results Federal Register Notice and Amended Briefing Schedule,'' 
dated November 6, 2020. On October 22, 2020, Commerce published in 
the Federal Register the preliminary results for this administrative 
review of the Order for this POR (85 FR 67335). On November 2, 2020, 
Commerce inadvertently again published in the Federal Register the 
Preliminary Results; this second notice was identical to that 
published on October 22, 2020. In fairness to all parties and to 
prevent confusion, this November 2, 2020, notice is the operative 
notice of the Preliminary Results for this administrative review.
    \2\ See ULMA's Letter, ``ULMA FORJA's Case Brief: Finished 
Carbon Steel Flanges from Spain POR 2,'' dated December 2, 2020.
    \3\ See Petitioners' Letter, ``Finished Carbon Steel Flanges 
from Spain: Case Brief,'' dated December 2, 2020.
    \4\ See Petitioners' Letter, ``Finished Carbon Steel Flanges 
from Spain: Rebuttal Brief,'' dated December 9, 2020.
    \5\ See Memorandum, ``Finished Carbon Steel Flanges from Spain: 
Extension of Time Limit for Final Results of Antidumping Duty 
Administrative Review, 2018-2019,'' dated February 11, 2021.
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Scope of the Order 6
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    \6\ See Finished Carbon Steel Flanges from Spain: Antidumping 
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
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    The scope of the Order covers finished carbon steel flanges from 
Spain. A full description of the scope of the Order is contained in the 
Issues and Decision Memorandum.\7\
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    \7\ See accompanying Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum. A 
list of the issues addressed in the Issues and Decision Memorandum is 
in the appendix to this notice. 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. 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.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision Memorandum, we made certain 
changes from the Preliminary Results.

Final Results of Administrative Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period June 1, 2018, through May 
31, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop.........................................         1.41
Grupo Cunado...............................................         1.41
Tubacero, S.L..............................................         1.41
Ateaciones De Metales Sinterizados S.A.....................         1.41
Transglory S.A.............................................         1.41
Central Y Almacenes........................................         1.41
Friedrich Geldbach Gmbh....................................         1.41
Farina Group Spain.........................................         1.41
------------------------------------------------------------------------

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 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 applied the margin calculated 
for ULMA to the non-individually examined respondents.

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment

    Commerce shall determine and U.S. Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries. 
Commerce will instruct CBP to apply an ad valorem assessment rate of 
1.41 percent to all entries of subject merchandise during the POR which 
were produced and/or exported by ULMA. Commerce will also instruct CBP 
to apply an ad valorem assessment rate of 1.41 percent to all entries 
of subject merchandise during the POR which were produced and/or 
exported by Grupo Cunado, Tubacero, S.L., Ateaciones De Metales 
Sinterizados S.A., Transglory S.A., Central Y Almacenes, Friedrich 
Geldbach Gmbh, and Farina Group Spain. Consistent with its recent

[[Page 23932]]

notice,\8\ Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).
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    \8\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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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 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 
ULMA, Grupo Cunado, Tubacero, S.L., Ateaciones De Metales Sinterizados 
S.A., Transglory S.A., Central Y Almacenes, Friedrich Geldbach Gmbh, 
and Farina Group Spain will be 1.41 percent; (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 merchandise; (4) the cash 
deposit rate for all other producers or exporters will continue to be 
18.81 percent,\9\ 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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    \9\ See Order, 82 FR 27229.
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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 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.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only 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), 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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: April 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Freight Revenue Capping
    Comment 2: Marine Insurance
    Comment 3: Certain Offset to G&A Expenses
V. Recommendation

[FR Doc. 2021-09413 Filed 5-4-21; 8:45 am]
BILLING CODE 3510-DS-P