[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60792-60794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24078]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-877]


Stainless Steel Flanges From India: Preliminary Results of 
Antidumping Duty Administrative Review, Preliminary Successor-in-
Interest Determination, and Partial Rescission; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
certain producers/exporters of stainless steel flanges (flanges) from 
India made sales of subject merchandise in the United States at prices 
below normal value (NV) during the period of review (POR), October 1, 
2019, through September 30, 2020. We preliminarily find that BFN 
Forgings Private Limited (BFN Forgings) is the successor-in-interest to 
Bebitz Flanges Works Private Limited (Bebitz Flanges). Finally, we are 
rescinding this review with respect to 38 companies. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable November 4, 2021.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christopher 
Maciuba, AD/CVD Operations, Office V, Enforcement and Compliance, 
International Trade Administration, Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4725 
or (202) 482-0413, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 8, 2020, Commerce initiated an administrative review of 
the antidumping duty order on flanges from India, in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This 
administrative review covers 19 companies,\2\ including the mandatory 
respondents Chandan Steel Limited (Chandan) and Kisaan Die Tech Private 
Limited (KDT).\3\ On June 24, 2021, we extended the deadline for the 
preliminary results until October 29, 2021.\4\ For details regarding 
the events that occurred subsequent to the initiation of this review, 
see the Preliminary Decision Memorandum.\5\ A list of topics included 
in the Preliminary Decision Memorandum is included as an appendix to 
this notice. The Preliminary Decision Memorandum is a public document 
and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 78990 (December 8, 2020) (Initiation 
Notice).
    \2\ Although we initiated a review of the companies ``Jay 
Jagdamba Limited'' and ``Jay Jagdamba Ltd.,'' we are treating these 
companies as the same entity for purposes of this segment of the 
proceeding. See Initiation Notice. Additionally, we preliminary find 
BFN Forgings to be the successor-in-interest to Bebitz Flanges. For 
further discussion, see the section ``Preliminary Successor-in-
Interest Determination'' below.
    \3\ We referred to this company in the Initiation Notice as 
``Kisaan Die Tech.'' The company's full name is Kisaan Die Tech 
Private Limited.
    \4\ See Memorandum, ``Stainless Steel Flanges from India: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review, 2019-2020,'' dated June 24, 2021.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Stainless 
Steel Flanges from India; 2019-2020,'' 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 stainless steel flanges 
from India.\6\ For a full description of the scope, see the Preliminary 
Decision Memorandum.
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    \6\ See Stainless Steel Flanges from India: Antidumping Duty 
Order, 83 FR 50639 (October 9, 2018) (Order).
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Preliminary Successor-in-Interest Determination

    BFN Forgings reported that, during the POR, it changed its name 
from ``Bebitz Flanges Works Private Limited'' to ``BFN Forgings Private 
Limited.'' Based on our analysis of the information on the record 
regarding any changes with respect to corporate structure, 
manufacturing facilities, customers, and suppliers, we preliminarily 
determine that BFN Forgings is the successor-in-interest to Bebitz 
Flanges, and, as a result, should be accorded the same treatment 
previously accorded to Bebitz Flanges. For further discussion, see the 
Preliminary Decision Memorandum at ``Preliminary Successor-In-Interest 
Determination.''

[[Page 60793]]

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of the date 
of publication of notice of initiation of the requested review. On 
March 8, 2021, the Coalition of American Flange Producers (the 
petitioner) timely withdrew its request for an administrative review 
for 38 companies. No other party requested a review of these companies. 
For a complete list of the companies for which we are rescinding this 
review, see Appendix II. Accordingly, we are rescinding this review 
with respect to these companies, pursuant to 19 CFR 351.213(d)(1).

Rate for Non-Selected Companies

    The Act and Commerce's regulations do not address the rate to be 
applied to companies not selected for individual examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a less-than-fair value (LTFV) investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual examination in an administrative review. 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} .'' We 
preliminarily calculated a 5.78 percent dumping margin for Chandan and 
a 1.18 percent dumping margin for KDT, the mandatory respondents in 
this review, and we have assigned to the non-selected companies a rate 
of 5.28 percent, which is the weighted-average of Chandan's and KDT's 
margins based on publicly ranged data.\7\ For additional information, 
see the Preliminary Decision Memorandum at ``Rates for Non-Selected 
Companies.''
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    \7\ See, e.g., Xanthan Gum from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review, 
and Partial Rescission; 2018-2019, 85 FR 75686, 74687 (November 23, 
2020), unchanged in Xanthan Gum from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2018-2019, 
86 FR 16189 (March 26, 2021); Albemarle Corp. v. United States, 821 
F. 3d 1345 (Fed. Cir. 2016); and Emulsion Styrene-Butadiene Rubber 
from the Republic of Korea: Preliminary Results of the 
Administrative Review of the Antidumping Duty Order; 2018-2019, 85 
FR 39534 (July 1, 2020), unchanged in Emulsion Styrene-Butadiene 
Rubber From the Republic of Korea: Final Results of the 
Administrative Review of the Antidumping Duty Order; 2018-2019, 85 
FR 67512 (October 23, 2020); see also Memorandum, ``Preliminary 
Results of the Antidumping Duty Administrative Review of Stainless 
Steel Flanges from India: Calculation of Margin for Respondents Not 
Selected for Individual Examination,'' dated October 29, 2021.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1) and (2) of the Act. We calculated export price and 
constructed export price in accordance with section 772 of the Act. We 
calculated NV 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 Review

    We preliminarily determine the following weighted-average dumping 
margins exist for the period October 1, 2019, through September 30, 
2020:
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    \8\ See Appendix III for a full list of companies not 
individually examined in this review.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Chandan Steel Limited.......................................        5.78
Kisaan Die Tech Private Limited.............................        1.18
Companies Not Individually Examined \8\.....................        5.28
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Assessment Rates
    Upon completion of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries.
    Pursuant to 19 CFR 351.212(b)(1), because the individually-examined 
respondents reported the entered value for their U.S. sales, we will 
calculate importer-specific ad valorem antidumping duty assessment 
rates based on the ratio of the total amount of antidumping duties 
calculated for the examined sales to the total entered value of those 
same sales. Where either the respondent's weighted-average dumping 
margin is zero or de minimis within the meaning of 19 CFR 351.106(c), 
or an importer-specific rate is zero or de minimis, we will instruct 
CBP to liquidate the appropriate entries without regard to antidumping 
duties.
    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent for which the company did not know that the merchandise was 
destined for the United States, we will instruct CBP to liquidate those 
entries at the all-others rate established in the original LTFV 
investigation (i.e., 7.00 percent) \9\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\10\
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    \9\ See Stainless Steel Flanges from India: Notice of Court 
Decision Not in Harmony with the Final Determination of Antidumping 
Investigation; Notice of Amended Final Determination, 86 FR 50325 
(September 8, 2021) (Amended Final).
    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the review-specific 
average rate, calculated as noted in the ``Preliminary Results of 
Review'' section, above. The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise covered by this review and for future deposits of estimated 
duties, where applicable.\11\
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    \11\ See section 751(a)(2)(C) of the Act.
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    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
finals results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies 
under review will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
de minimis within the meaning of 19 CFR 351.106(c)(1) (i.e., less than 
0.50 percent), in which case the cash deposit rate will be zero; (2) 
for previously reviewed or investigated companies not in this review, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently-completed segment of this proceeding in 
which they were examined; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original

[[Page 60794]]

LTFV investigation, but the producer is, the cash deposit rate will be 
the rate established for the most recently-completed segment of this 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
7.00 percent,\12\ the all-others rate established in the amended final 
determination of the LTFV investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \12\ See Amended Final, 86 FR at 50326.
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\13\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\14\ 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.\15\ Case and rebuttal briefs should be filed using ACCESS 
\16\ and must be served on interested parties.\17\ Executive summaries 
should be limited to five pages total, including footnotes. Note that 
Commerce has modified certain of its requirements for serving documents 
containing business proprietary information until further notice.\18\
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    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); 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).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See generally 19 CFR 351.303.
    \17\ See 19 CFR 351.303(f).
    \18\ See Temporary Rule.
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\19\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs.\20\ Parties are reminded that all briefs and 
hearing requests must be filed electronically using ACCESS and received 
successfully in their entirety by 5:00 p.m. Eastern Time on the due 
date.
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    \19\ See 19 CFR 351.310(c).
    \20\ See 19 CFR 351.310.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a 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 doubled 
antidumping duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Successor-In-Interest Determination
V. Partial Rescission of Review
VI. Rate for Non-Selected Companies
VII. Discussion of the Methodology
VIII. Recommendation

Appendix II

Companies for Which the Review Request Was Withdrawn and for Which 
Commerce Is Rescinding This Review

1. Arien Global
2. Armstrong International Pvt. Ltd.
3. Avini Metal Limited
4. Bee Gee Enterprises
5. Bsl Freight Solutions Pvt., Ltd.
6. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.)
7. Cipriani Harrison Valves Pvt. Ltd.
8. CTL Logistics (India) Pvt. Ltd.
9. Echjay Forgings Pvt. Ltd.
10. Fivebros Forgings Pvt. Ltd.
11. Fluid Controls Pvt. Ltd.
12. Geodis Oversea Pvt., Ltd.
13. Globelink WW India Pvt., Ltd.
14. Good Luck Engineering Co.
15. Goodluck India Ltd.
16. Hilton Metal Forging Limited
17. Kunj Forgings Pvt. Ltd.
18. Montane Shipping Pvt., Ltd.
19. Noble Shipping Pvt. Ltd.
20. Paramount Forge
21. Pashupati Ispat Pvt. Ltd.
22. Pashupati Tradex Pvt., Ltd.
23. Peekay Steel Castings Pvt. Ltd.
24. Pradeep Metals Ltd.
25. R D Forge Pvt., Ltd.
26. Rolex Fittings India Pvt. Ltd.
27. Rollwell Forge Pvt. Ltd.
28. Safewater Lines (I) Pvt. Ltd.
29. Saini Flange Pvt. Ltd.
30. SAR Transport Systems
31. Shilpan Steelcast Pvt. Ltd.
32. Teamglobal Logistics Pvt. Ltd.
33. Technical Products Corporation
34. Technocraft Industries India Ltd.
35. Transworld Global Logistics Solutions (India) Pvt. Ltd.
36. VEEYES Engineering Pvt. Ltd.
37. Vishal Shipping Agencies Pvt. Ltd.
38. Yusen Logistics (India) Pvt. Ltd

Appendix III

List of Companies Not Selected for Individual Examination

Ae Engineers & Exporters
Balkrishna Steel Forge Pvt. Ltd.
BFN Forgings Private Limited (former name Bebitz Flanges Works 
Private Limited) \21\
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    \21\ We preliminary find BFN Forgings Private Limited to be the 
successor-in-interest to Bebitz Flanges Works Private Limited.
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Broadway Overseas Ltd.
Dongguan Good Luck Furniture Industrial Co., Ltd.
DSV Air and Sea Pvt. Ltd.
DSV Logistics
G.I. Auto Pvt. Ltd.
Jai Auto Pvt. Ltd.
Jay Jagdamba Forgings Private Limited
Jay Jagdamba Limited \22\
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    \22\ We also initiated a review of this company under the name 
``Jay Jagdamba Ltd.'' We are treating these companies as the same 
entity for purposes of this segment of the proceeding.
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Jay Jagdamba Profile Private Limited
Katariya Steel Distributors
Lotus CNC Components
Motor Aids
Shree Jay Jagdamba Flanges Private Limited
Transworld Enterprises
Transworld Group
Viraj Profiles Ltd.

[FR Doc. 2021-24078 Filed 11-3-21; 8:45 am]
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