[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33226-33228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13409]
[[Page 33226]]
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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 and Final Determination of No
Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review did
not make sales of finished carbon steel flanges from India at prices
below normal value during the period of review (POR), August 1, 2018,
through July 31, 2019. In addition, Commerce determines that Silbo
Industries, Inc. (Silbo) had no shipments during the POR.
DATES: Applicable June 24, 2021.
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 December 21, 2020, Commerce published the Preliminary Results of
this administrative review and invited interested parties to
comment.\1\ This administrative review covers 41 producers and/or
exporters of the subject merchandise. Commerce selected R.N. Gupta &
Co. Ltd. (Gupta) and Norma (India) Limited (the Norma Group) for
individual examination. The producers/exporters not selected for
individual examination are listed in the ``Final Results of the
Review'' section of this notice.\2\
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\1\ See Finished Carbon Steel Flanges from India: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2018-2019, 85 FR 83051 (December 21,
2020) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation
Notice).
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On January 21, 2021, the Norma Group submitted its case brief.\3\
On the same day, Weldbend Corporation and Boltex Manufacturing Co.,
L.P. (collectively, the petitioners), submitted a case brief related to
Gupta.\4\ On January 27, 2021, the petitioners and Gupta submitted
rebuttal briefs.\5\ No other party submitted case or rebuttal briefs.
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\3\ See Norma's Letter, ``Finished Carbon Steel Flanges from
India: Norma's Comments on the Preliminary Results,'' dated January
21, 2021.
\4\ See Petitioners' Letter, ``Finished Carbon Steel Flanges
from India: Case Brief--Weldbend Corporation and Boltex
Manufacturing Co., L.P.,'' dated January 21, 2021.
\5\ See Petitioners' Rebuttal Brief, ``Finished Carbon Steel
Flanges from India: Petitioners' Rebuttal Brief,'' dated January 27,
2021; see also Gupta's Rebuttal Brief, ``Finished Carbon Steel
Flanges from India: Rebuttal Brief of R.N. Gupta & Company
Limited,'' dated December 9, 2019.
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On March 30, 2021, we extended the deadline for these final
results, until June 18, 2021.\6\ Commerce conducted this administrative
review in accordance with section 751 of the Tariff Act of 1930, as
amended (the Act).
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\6\ See Memorandum, ``Finished Carbon Steel Flanges from India:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated March 30, 2021.
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Scope of the Order 7
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\7\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (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.
For a full description of the scope of the Order, see the Issues
and Decision Memorandum.\8\
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\8\ See Memorandum, ``Issues and Decisions Memorandum for the
Final Results of Administrative Review: Finished Carbon Steel
Flanges from India; 2018-2019,'' 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 addressed in the Issues and Decision Memorandum. A list of the
issues which parties raised, and to which we responded in the Issues
and Decision Memorandum, follows 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, Commerce made certain
changes to the preliminary weighted-average dumping margin for Gupta.
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that Silbo
had no shipments of subject merchandise during the POR. We received no
comments from interested parties regarding that preliminary
determination, nor did we receive any record evidence that would call
into question our preliminary determination of no shipments.
Accordingly, for these final results, we continue to determine that
Silbo had no shipments of subject merchandise during the POR.
Consistent with Commerce's practice,\9\ we intend to instruct U.S.
Customs and Border Protection (CBP) to liquidate any existing entries
of subject merchandise produced by Silbo, but exported by other
parties, at the rate for the intermediate reseller, if available, or at
the all-others rate.\10\
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\9\ See, e.g., Certain Corrosion-Resistant Steel Products from
Taiwan: Final Results of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2018-2019, 86 FR 28554 (May
27, 2021).
\10\ See Order, 82 FR at 40138.
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Final Results of Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period August 1, 2018, through
July 31, 2019:
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Weighted-average
Exporter/manufacturer dumping margin
(percent)
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R.N. Gupta & Co., Ltd.............................. 0.00
Norma (India) Limited/USK Exports Private Limited/ 0.00
Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal
\11\..............................................
[[Page 33227]]
Adinath International.............................. 0.00
Allena Group....................................... 0.00
Alloyed Steel...................................... 0.00
Bebitz Flanges Works Private Limited............... 0.00
Bebitz U.S.A....................................... 0.00
C.D. Industries.................................... 0.00
CHW Forge Pvt. Ltd................................. 0.00
CHW Forge \12\..................................... 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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Rate for Non-Selected Respondents
For the companies that were not selected for individual review, we
assigned a rate based on the rates for the respondents that were
selected for individual examination.\13\ Consistent with the U.S. Court
of Appeals for the Federal Circuit's decision in Albemarle, we are
applying to the 33 companies not selected for individual examination
the zero percent rates calculated for the mandatory respondents, Gupta
and the Norma Group.\14\ These are the only rates determined in this
review for individual respondents and, thus, should be applied to the
33 firms not selected for individual examination under section
735(c)(5)(B) of the Act.
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\11\ In the preliminary determination of sales at less-than-fair
value (LTFV) investigation, Commerce determined that Norma (India),
Limited, USK Exports Private Limited, Uma Shanker Khandelwal & Co.,
and Bansidhar Chiranjilal) were a single entity (collectively
``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),
and accompanying PDM 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). In this administrative review,
Norma Group has 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 at 2-9.
Therefore, in this administrative review, Commerce continues to
collapse these four entities and treat them as a single entity.
\12\ The name of this company was incorrected spelled ``CHQ
Forge Pvt. Ltd.'' in the Preliminary Results. See Initiation Notice.
We have corrected the spelling of this company's name for purposes
of these final results.
\13\ See section 735(c)(5)(A) of the Act.
\14\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
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Disclosure
Commerce intends 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 the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine and CBP shall assess antidumping duties on all appropriate
entries. Because the weighted-average dumping margins of Gupta, the
Norma Group, and the 33 firms not selected for individual examination
have been determined to be zero percent within the meaning of 19 CFR
351.106(c), we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. In accordance with Commerce's
practice, for entries of subject merchandise during the POR for which
Gupta and the Norma Group did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate such
entries at the all-others rate if there is no company-specific rate for
the intermediate company(ies) involved in the transaction.\15\
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\15\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Consistent with its recent notice,\16\ 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
[[Page 33228]]
expired (i.e., within 90 days of publication).
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\16\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duly Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, 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 the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this administrative 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
LTFV investigation, but the producer is, the cash deposit rate will be
the rate established for the most recent segment of this proceeding 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,\17\
the all-others rate established in the LTFV investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\17\ In the Preliminary Results, Commerce inadvertently listed
as the all-others rate the estimated weighted-average dumping margin
from the antidumping duty order on carbon steel flanges from India.
See Finished Carbon Steel Flanges from India: Final Determination of
Sales at Less Than Fair Value, 82 FR 29483 (June 29, 2017); see also
Order, 82 FR at 40136. We have revised our reference to the all-
others rate to reflect the cash deposit rate, adjusted for subsidy
offsets, as stated in the Order.
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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 a 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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and
351.221(b)(5).
Dated: June 17, 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. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Adjustments to Gupta's Costs
Comment 2: Gupta's Reported Freight Revenues
Comment 3: Constructed Value Profit and Selling Expense Rates
for Norma Group
VI. Recommendation
[FR Doc. 2021-13409 Filed 6-23-21; 8:45 am]
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