[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47619-47621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18367]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-877]


Stainless Steel Flanges From India: 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) determines that 
exporters/producers of stainless steel flanges from India made sales at 
prices below normal value during the period of review (POR) March 28, 
2018, through September 30, 2019.

DATES: Applicable August 26, 2021.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-7425.

SUPPLEMENTARY INFORMATION:

Background

    On February 24, 2021, Commerce published the Preliminary 
Results.\1\ On April 2, 2021, we received timely-filed case briefs from 
Bebitz Flanges Works Private Limited (Bebitz) \2\ Chandan Steel Limited 
(Chandan),\3\ and Pradeep Metals Limited,\4\ and a joint brief from 
Balkrishna et al. and Bebitz.\5\ On April 9, 2021, the petitioner 
timely filed its rebuttal brief.\6\ On May 11, 2021, Commerce held a 
public hearing, limited to the issues raised in the case and rebuttal 
briefs.\7\ On June 2, 2021, we extended the deadline for the final 
results of this review until August 20, 2021.\8\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\9\
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    \1\ See Stainless Steel Flanges from India: Preliminary Results 
of Antidumping Duty Administrative Review; 2018-2019, 86 FR 11233 
(February 24, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Bebitz's Letter, ``Stainless Steel Flanges from India: 
Case Brief,'' dated April 2, 2021.
    \3\ On April 30, 2021, we rejected Chandan's case brief for 
relying on untimely-filed new factual information (NFI). See 
Commerce Letter, ``Antidumping Duty Administrative Review of 
Stainless Steel Flanges from India: Rejection of New Factual 
Information,'' dated April 30, 2021. Therefore, on May 4, 2021, 
Chandan refiled its case brief after removing the NFI. See Chandan's 
Letter, ``Certain Stainless Steel Flanges from India (A-533-877--
AR1), Submission of Case Brief for Chandan Steel (Refile),'' dated 
May 4, 2021.
    \4\ See Pradeep Metals' Letter, ``Certain Stainless Steel 
Flanges from India (A-533-877--AR1), Submission of Case Brief for 
Pradeep Metals Limited,'' dated April 2, 2021.
    \5\ See Balkrishna et al./Bebitz's Letter, ``Stainless Steel 
Flanges from India: `All Other' Case Brief,'' dated April 2, 2021.
    \6\ On July 19, 2021, we rejected the petitioner's rebuttal 
brief for containing citations to untimely-filed NFI submitted by 
Chandan. See Commerce's Letter, ``Antidumping Duty Administrative 
Review of Stainless Steel Flanges from India: Rejection of 
Petitioner's Rebuttal Brief,'' dated July 19, 2021. On July 21, 
2021, the petitioner refiled its rebuttal brief after removing the 
NFI. See Petitioner's Letter, ``Stainless Steel Flanges from India: 
Resubmission of Petitioner's Rebuttal Brief,'' dated July 21, 2021.
    \7\ See Hearing Transcript, ``The Administrative Review of the 
Antidumping Duty Order on Stainless Steel Flanges from India: Public 
Hearing,'' dated May 11, 2021.
    \8\ See Memorandum, ``Stainless Steel Flanges from India: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review; 2018-2019,'' dated June 2, 2021.
    \9\ See Memorandum, ``Stainless Steel Flanges from India: Issues 
and Decision Memorandum for the Final Results of the Antidumping 
Duty Administrative Review; 2018-2019,'' dated August 20, 2021 
(Issues and Decision Memorandum) which is dated concurrently with, 
and hereby adopted by, this notice.
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Scope of the Order

    The merchandise covered by the order is stainless steel flanges 
from India. For a complete description of the scope of this order, see 
the Issues and Decision Memorandum.\10\
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    \10\ Id.
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum. Attached to this notice, in 
Appendix I, is a list of the issues which parties raised. 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 at http://enforcement.trade.gov/frn/index.html/.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, and for the reasons explained in the Issues and 
Decision Memorandum, we made no changes to the Preliminary Results.\11\
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    \11\ Id.
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Rate for Non-Selected Companies

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle,\12\ Commerce continues to assign to 
the companies not individually examined (see Appendix II for a full 
list of these companies) a margin of 145.25 percent, which is the 
dumping margin assigned to mandatory respondent Chandan. Commerce has 
addressed arguments from various interested parties regarding this 
rate, which we assigned to the non-examined companies in the 
Preliminary Results, and, for the final results, the determination 
remains unchanged, as discussed in the Issues and Decision 
Memorandum.\13\
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    \12\ See Preliminary Results (citing Albemarle Corp. v. United 
States, 821 F. 3d 1345 (Fed. Cir. 2016) (Albemarle)).
    \13\ See Issues and Decision Memorandum at Comment 3.
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Final Results of Administrative Review

    We are assigning the following dumping margin to the firms listed 
below for the POR, March 28, 2018, through September 30, 2019:

------------------------------------------------------------------------
                                                       Cash deposit rate
                                      Dumping margin     (adjusted for
         Exporter/producer              (percent)       subsidy offsets)
                                                          (percent) 14
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Chandan Steel Limited.............             145.25             140.38
Companies Not Individually                     145.25             140.38
 Examined (excluding Bebitz
 Flanges Works Private Limited) 15

[[Page 47620]]

 
Bebitz Flanges Works Private                   145.25             145.25
 Limited 16.......................
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Disclosure
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    \14\ See Stainless Steel Flanges from India: Final Affirmative 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Critical Circumstance Determination, 83 FR 40745 (August 16, 2018).
    \15\ See Appendix II.
    \16\ See Issues and Decision Memorandum at Comment 4.
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    Normally, Commerce discloses the calculations performed in its 
analysis to parties in a review within five days of the date of 
publication of the notice of final results, in accordance with 19 CFR 
351.224(b). However, because Commerce applied a rate based on total AFA 
to the mandatory respondent in this review, in accordance with section 
776 of the Act, there are no calculations to disclose.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. We intend to 
issue appropriate 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).\17\
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    \17\ 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 the final results, we will instruct CBP to apply an ad valorem 
assessment rate equal to the dumping margins shown above to all entries 
of subject merchandise during the POR which were produced and/or 
exported by Chandan or exported by the companies which were not 
selected for individual examination. We intend to instruct CBP to take 
into account the ``provisional measures deposit cap,'' in accordance 
with 19 CFR 351.212(d).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided for by section 751(a)(2) of the Act: (1) The cash 
deposit rate for Chandan and the companies not individually examined 
will be equal to the rates established in the final results of this 
administrative review; (2) for merchandise exported by producers or 
exporters not covered by this review but covered by 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 of this 
proceeding; (3) if the exporter is not a firm covered by this review or 
the original less-than-fair-value (LTFV) investigation, but the 
producer is, then the cash deposit rate will be the rate established 
for the most recently completed segment of this proceeding for the 
producer of the merchandise; (4) the cash deposit rate for all other 
producers or exporters will continue to be 14.29 percent,\18\ 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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    \18\ See Stainless Steel Flanges from India: Antidumping Duty 
Order, 83 FR 50639 (October 9, 2018) (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) 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 doubled 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 
terms of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: August 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I--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: Application of AFA to Chandan
    Comment 2: Selection of the AFA Rate
    Comment 3: All-Others Rate for Non-Examined Companies
    Comment 4: Export Subsidies Offset
V. Recommendation

Appendix II--List of Non-Examined Companies

1. Arien Global
2. Armstrong International Pvt. Ltd
3. Avinimetal
4. Balkrishna Steel Forge Pvt. Ltd
5. Bebitz Flanges Works Private Limited
6. Bee Gee Enterprises
7. Bsl Freight Solutions Pvt., Ltd
8. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd)
9. Cipriani Harrison Valves Pvt. Ltd
10. CTL Logistics (India) Pvt. Ltd
11. Echjay Forgings Private Ltd \19\
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    \19\ In the Initiation Notice, this company also appeared as 
``Echjay Forgings Private Limited.'' See Initiation of Antidumping 
and Countervailing Duty Administrative Reviews, 84 FR 67712, 67714 
(December 11, 2019) (Initiation Notice).
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12. Fivebros Forgings Pvt. Ltd
13. Fluid Controls Pvt. Ltd
14. Geodis Oversea Pvt., Ltd
15. Globelink WW India Pvt., Ltd
16. Goodluck India Ltd
17. Hilton Metal Forging Limited
18. Jai Auto Pvt. Ltd
19. JAY JAGDAMBA FORGINGS PRIVATE LIMITED
20. JAY JAGDAMBA LIMITED \20\
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    \20\ In the Initiation Notice, this company also appeared as 
``Jay Jagdamba Ltd.'' Id.
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21. JAY JAGDAMBA PROFILE PRIVATE LIMITED

[[Page 47621]]

22. Kisaan Die Tech
23. Kunj Forgings Pvt. Ltd
24. Montane Shipping Pvt., Ltd
25. Noble Shipping Pvt. Ltd
26. Paramount Forge
27. Pashupati Tradex Pvt., Ltd
28. Peekay Steel Castings Pvt. Ltd
29. Pradeep Metals Ltd
30. R D Forge Pvt., Ltd
31. Rolex Fittings India Pvt. Ltd
32. Rollwell Forge Pvt. Ltd
33. Safewater Lines (I) Pvt. Ltd
34. Saini Flange Pvt. Ltd
35. SAR Transport Systems
36. Shilpan Steelcast Pvt. Ltd
37. Shree Jay Jagdamba Flanges Pvt. Ltd
38. Teamglobal Logistics Pvt. Ltd
39. Technical Products Corporation
40. Technocraft Industries India Ltd
41. Transworld Global
42. VEEYES Engineering Pvt. Ltd
43. Vishal Shipping Agencies Pvt. Ltd
44. Yusen Logistics (India) Pvt. Ltd

[FR Doc. 2021-18367 Filed 8-25-21; 8:45 am]
BILLING CODE 3510-DS-P