[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50032-50034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19189]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-872]
Finished Carbon Steel Flanges From India: Preliminary Results of
Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Norma (India) Ltd. (Norma) and R.N. Gupta & Co. Ltd. (RNG)
received countervailable subsidies during the period of review (POR),
January 1, 2019, through December 31, 2019. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Moses Song or Natasia Harrison, 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) 482-7885 or (202) 482-1240,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 24, 2017, Commerce published in the Federal Register the
countervailing duty (CVD) order on finished carbon steel flanges (steel
flanges) from India.\1\ On August 4, 2020, Commerce published a notice
of opportunity to request an administrative review of the Order.\2\ On
August 31, 2020, Weldbend Corporation and Boltex Mfg. Co., L.P. (the
petitioners), requested a review of 38 producers and/or exporters of
subject merchandise.\3\ Further, between August 27, 2020, and August
31, 2020, Norma,\4\ RNG, Bebitz Flanges Works Private Limited, Munish
Forge Private Limited, Balkrishna Steel Forge Pvt. Ltd., Jai Auto Pvt.
Ltd., and Aditya Forge Limited, foreign producers or exporters of
subject merchandise, each requested a review of the Order with respect
to themselves.\5\ On October 6, 2020, Commerce published a notice of
initiation of an administrative review of the Order.\6\ Based on our
examination of the Customs and Border Protection (CBP) data, on
November 20, 2020, we selected Norma and RNG, the two largest producers
and/or exporters, as mandatory respondents.\7\
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\1\ See Finished Carbon Steel Flanges from India: Countervailing
Duty Order, 82 FR 40138 (August 24, 2017) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 47167 (August 4, 2020).
\3\ See Petitioners' Letter, ``Finished Carbon Steel Flanges
from India: Request for Administrative Review,'' dated August 31,
2020.
\4\ We note that Norma requested a review of itself and its
affiliates USK Export Private Limited; Uma Shanker Khandelwal and
Co.; and Bansidhar Chiranjilal.
\5\ See Norma's Letter, ``Finished Carbon Steel Flanges from
India: Request for entry of appearance in the Countervailing Duty
Administrative Review for Norma (India) Limited, USK Export Private
Limited, Umashanker Khandelwal and Co. and Bansidhar Chiranjilal.,''
dated August 27, 2020; see also RNG's Letter, ``Finished Carbon
Steel Flanges from India: Request for Countervailing Duty
Administrative Review,'' August 28, 2020; Bebitz Flanges Works
Private Limited's Letter, ``Finished Carbon Steel Flanges from
India: Requests for Administrative Review,'' dated August 28, 2020;
Munish Forge Private Limited's Letter, ``Finished Carbon Steel
Flanges from India: Request for Counter Vailing Duty Administrative
Review,'' dated August 27, 2020; Balkrishna Steel Forge Pvt. Ltd.'s
Letter, ``Carbon Steel Flanges from India, Antidumping &
Countervailing Duty,'' dated August 31, 2020; Jai Auto Pvt. Ltd.'s
Letter, ``Request for review of Countervailing Duty Administrative
Review of Finished Carbon Steel Flanges from India,'' dated August
31, 2020; and Aditya Forge Limited's Letter, ``Request for review of
Countervailing Duty Administrative Review of Finished Carbon steel
Flanges from India,'' dated August 31, 2020.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081, 63092-63093 (October 6, 2020).
\7\ See Memorandum, ``Countervailing Duty Administrative Review
of Finished Carbon Steel Flanges from India: Respondent Selection,''
dated November 20, 2020.
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On April 19, 2021, Commerce extended the time period for issuing
these preliminary results by 120 days, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), to August
31, 2021.\8\ For a complete description of the events that followed the
initiation of this review,
[[Page 50033]]
see the Preliminary Decision Memorandum.\9\ A list of topics discussed
in the Preliminary Decision Memorandum is included at Appendix I to
this notice. 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 http://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
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\8\ See Memorandum, ``Finished Carbon Steel Flanges from India:
Extension of Deadline for Preliminary Results of Countervailing Duty
Administrative Review; 2019,'' dated April 19, 2021.
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Finished
Carbon Steel Flanges from India; 2019,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise covered by the Order is steel flanges. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy,
i.e., a government-provided financial contribution that gives rise to a
benefit to the recipient, and that the subsidy is specific.\10\
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\10\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that a respondent did not act
to the best of its ability to respond to Commerce's requests for
information, Commerce drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\11\ For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
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\11\ See sections 776(a) and (b) of the Act.
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Companies Not Selected for Individual Review
For the companies not selected for individual review, because the
rates calculated for Norma and RNG were above de minimis and not based
entirely on facts available, we applied a subsidy rate based on a
weighted-average of the subsidy rates calculated for Norma and RNG
using publicly ranged sales data submitted by the respondents.\12\
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\12\ See Memorandum, ``Preliminary Results Calculation of
Subsidy Rate for Non-Selected Companies Under Review,'' dated August
31, 2021.
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Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated
individual subsidy rates for Norma and RNG. For the period January 1,
2019, through December 31, 2019, we preliminarily determine that the
following net countervailable subsidy rates exist:
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\13\ In the investigation, Commerce found the following
companies to be cross-owned with Norma (India) Ltd.: USK Export
Private Limited; Uma Shanker Khandelwal and Co.; and Bansidhar
Chiranjilal. See Preliminary Decision Memorandum at 6; this finding
is unchanged in these preliminary results. This rate applies to all
cross-owned companies.
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Subsidy
rate
Company (percent
ad
valorem)
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Norma (India) Ltd.\13\...................................... 5.25
R.N. Gupta & Co. Ltd........................................ 5.51
Companies Not Selected for Individual Examination (see 5.41
Appendix II)...............................................
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Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and CBP shall assess, CVDs
on all appropriate entries covered by this review. We intend 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).
Cash Deposit Rate
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated CVDs in the amount
indicated above with regard to shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review. For all non-
reviewed firms, we will instruct CBP to continue to collect cash
deposits of estimated CVDs at the most recent company-specific or all-
others rate applicable to the company, as appropriate. These cash
deposit instructions, when imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\14\ Interested
parties may submit written comments (case briefs) within 30 days of
publication of the preliminary results and rebuttal comments (rebuttal
briefs) within seven days \15\ after the time limit for filing case
briefs.\16\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\17\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\18\
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\14\ See 19 CFR 351.224(b).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
\16\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\17\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\18\ See Temporary Rule.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system within 30
days of the publication of this notice.\19\ Requests should contain:
(1) The party's name, address, and telephone number; (2) the number of
participants, whether any participant is a foreign national; and (3) a
list of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined.\20\ Issues addressed during the hearing will be limited to
those raised in the respective case and rebuttal briefs.\21\ Parties
should confirm by telephone the date and time of the hearing two days
before the scheduled date.
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\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310.
\21\ See 19 CFR 351.310(c).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5 p.m. Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final
[[Page 50034]]
results of this administrative review, including the results of our
analysis of the issues raised by the parties in their comments, within
120 days after publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Subsidies Valuation Information
VI. Benchmark Interest Rates and Discount Rates
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Rate for Non-Examined Companies
X. Recommendation
Appendix II
Companies Not Selected for Individual Examination
1. Adinath International
2. Aditya Forge Limited
3. Allena Group
4. Alloyed Steel
5. Balkrishna Steel Forge Pvt. Ltd.
6. Bebitz Flanges Works Private Limited
7. C.D. Industries
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. Mascot Metal Manufacturers
20. M F Rings and Bearing Races Ltd.
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works
24. Raaj Sagar Steels
25. Ravi Ratan Metal Industries
26. R. D. Forge
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge Pvt. Ltd.
36. Umashanker Khandelwal Forging Limited
[FR Doc. 2021-19189 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P