[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35745-35747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14447]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-815]


Finished Carbon Steel Flanges From Spain: Preliminary Results of 
Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers or exporters of finished carbon steel flanges (flanges) 
from Spain subject to this review made sales of subject merchandise at 
less than normal value during the period of review (POR) June 1, 2019, 
through May 31, 2020. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable July 7, 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 June 14, 2017, we published in the Federal Register an 
antidumping duty (AD) order on flanges from Spain.\1\ On June 2, 2020, 
Commerce published a notice of opportunity to request an administrative 
review of the Order.\2\ Based on timely requests for administrative 
review, we initiated an administrative review of eight companies: (1) 
Aleaciones De Metales Sinterizados S.A.; (2) Central Y Almacenes; (3) 
Farina Group Spain; (4) Friedrich Geldbach Gmbh; (5) Grupo Cunado; (6) 
Transglory S.A.; (7) Tubacero, S.L.; and (8) ULMA Forja, S.Coop 
(ULMA).\3\ On September 24, 2020, we identified ULMA as the sole 
mandatory respondent in this review.\4\
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    \1\ See Finished Carbon Steel Flanges from Spain: Antidumping 
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 33628 (June 2, 2020).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 47731 (August 6, 2020).
    \4\ See Memorandum, ``Identification of Mandatory Respondent for 
the 2019-2020 Administrative Review of the Antidumping Duty Order on 
Finished Carbon Steel Flanges from Spain,'' dated September 24, 
2020.
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    On February 11, 2021, and May 27, 2021, we extended the deadline 
for the preliminary results, by a total of 120 days.\5\ The deadline 
for the preliminary results of this administrative review is now June 
30, 2021.
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    \5\ See Memorandum, ``Finished Carbon Steel Flanges from Spain: 
Extension of Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review, 2019-2020,'' dated February 11, 2021; see 
also Memorandum, ``Finished Carbon Steel Flanges from Spain: 
Extension of Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review, 2019-2020,'' dated May 27, 2021.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\6\ 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 https://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/.
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    \6\ See Memorandum, ``Finished Carbon Steel Flanges from Spain: 
Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review; 2019-2020,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    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. The HTSUS subheadings 
are provided for convenience and customs purposes; the written 
description of the scope is dispositive.
    A full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act). Export price is 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying these preliminary results, 
see the Preliminary Decision Memorandum.

Preliminary Results of Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period June 1, 2019, through May 31, 
2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Exporter or manufacturer                      dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop..........................................        6.43
Aleaciones De Metales Sinterizados S.A......................        6.43
Central Y Almacenes.........................................        6.43
Farina Group Spain..........................................        6.43
Friedrich Geldbach Gmbh.....................................        6.43
Grupo Cunado................................................        6.43
Transglory S.A..............................................        6.43
Tubacero, S.L...............................................        6.43
------------------------------------------------------------------------

Non-Individually Examined Companies

    For the weighted-average dumping margin 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 an 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

[[Page 35746]]

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} .'' We preliminarily calculated a weighted-average 
dumping margin for ULMA that was not zero, de minimis, or based on 
facts available. Accordingly, we have preliminarily applied the 
weighted-average dumping margin calculated for ULMA as the weighted-
average dumping margin for the non-individually examined companies.

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of 
review.\7\ Rebuttal briefs may be filed no later than seven days after 
case briefs are due and may respond only to arguments raised in the 
case briefs.\8\ 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.\9\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\10\
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    \7\ See 19 CFR 351.309(c)(ii).
    \8\ 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) (Temporary Rule).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See Temporary Rule.
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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. 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 briefs.
    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 within 30 days after the date of publication of this 
notice.\11\
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    \11\ See 19 CFR 351.310(c).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rate

    Upon issuing the final results, Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries covered by this review.\12\ If a respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.50 percent) in the final results of this review, we intend to 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of dumping calculated for each importer's examined 
sales and the total entered value of the importer's sales in accordance 
with 19 CFR 351.212(b)(1). If the respondent's weighted-average dumping 
margin is zero or de minimis in the final results, or if an importer-
specific assessment rate is zero or de minimis, then we will instruct 
CBP to liquidate the appropriate entries without regards to antidumping 
duties.
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    \12\ See 19 CFR 351.212(b)(1).
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    Consistent with its recent notice,\13\ 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. The final results of this administrative review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise under review and for future deposits of estimated duties, 
where applicable.
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    \13\ 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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    For entries of subject merchandise during the POR produced by ULMA 
for which it did not know its 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.\14\
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    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following deposit requirements for estimated antidumping duties 
will be effective upon publication of the notice of final results of 
this 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 the companies under review, will be equal to the 
company-specific weighted-average dumping margin established in the 
final results of the review (except, if the rate is zero or de minimis, 
no cash deposit will be required); (2) for merchandise exported by 
producers or exporters not covered in this review but covered in a 
prior completed 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, the 
cash deposit rate will be the rate established in a prior competed 
segment 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,\15\ the all-others rate established in 
the less-than-fair-value investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \15\ See Order, 82 FR at 27229.
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Notification to Importers

    This notice 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 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.

Administrative Protective Orders

    This notice also serves as a 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). 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

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


[[Page 35747]]


    Dated: June 30, 2021.
Christian Marsh,
Acting 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. Discussion of the Methodology
V. Recommendation

[FR Doc. 2021-14447 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-DS-P