[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Pages 27568-27569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09911]



[[Page 27568]]

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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; 2019-2020

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 of 
subject merchandise at prices below normal value during the period of 
review (POR) October 1, 2019, through September 30, 2020.

DATES: Applicable May 9, 2022.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christopher 
Maciuba, 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 
or (202) 482-0413, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce selected two companies, Chandan Steel Limited (Chandan) 
and Kisaan Die Tech Private Limited (KDT), for individual examination. 
On November 4, 2021, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ On January 7, 2022, Chandan, 
Echjay Forgings Private Limited (Echjay), and the petitioner \2\ 
submitted case briefs.\3\ From January 19 to 21, 2022, KDT, the 
petitioner, and Chandan submitted rebuttal briefs.\4\ On February 15, 
2022, we extended the deadline for issuance of these final results to 
May 3, 2022.\5\ For a complete description of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\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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    \1\ See Stainless Steel Flanges from India: Preliminary Results 
of Antidumping Duty Administrative Review, Preliminary Successor-in-
Interest Determination, and Partial Rescission; 2019-2020, 86 FR 
60792 (November 4, 2021) (Preliminary Results).
    \2\ The petitioner is the Coalition of American Flange 
Producers.
    \3\ See Chandan's Letter, ``Certain Stainless-steel Flanges from 
India (A-533-877-AR2): Case Brief,'' dated January 7, 2022; see also 
Echjay's Letter, ``Stainless Steel Flanges from India,'' dated 
January 7, 2022; and Petitioner's Letter, ``Case Brief,'' dated 
January 7, 2022.
    \4\ See KDT's Letter, ``KDT's Rebuttal to Petitioners Case 
Brief,'' dated January 19, 2022; see also Petitioner's Letter, 
``Rebuttal Brief,'' dated January 20, 2022; and Chandan's Letter, 
``Rebuttal Brief on behalf of Chandan Steel,'' dated January 21, 
2022.
    \5\ See Memorandum, ``Stainless Steel Flanges from India: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review, 2019-2020,'' dated February 15, 2022.
    \6\ See Memorandum, ``Stainless Steel Flanges from India: Issues 
and Decision Memorandum for the Final Results of the Antidumping 
Duty Administrative Review; 2019-2020,'' dated May 3, 2022 (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.\7\
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    \7\ 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.\8\ 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 http://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \8\ Id.
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Changes Since the Preliminary Results

    Based on the comments received from interested parties and record 
information, we made certain changes to the margin calculations for 
Chandan and KDT. For a discussion of these changes, see the Issues and 
Decision Memorandum.\9\
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    \9\ Id.
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Rate for Companies Not Selected for Individual Examination

    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. 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} .''
    For the final results, Commerce calculated estimated weighted-
average dumping margins for Chandan and KDT that are not zero, de 
minimis, or based entirely on facts otherwise available. Accordingly, 
Commerce has continued to calculate the rate for companies not selected 
for individual examination using a weighted average of the margins 
calculated for Chandan and KDT weighted by each respondent's publicly-
ranged total U.S. sale values.\10\
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    \10\ With more than one respondent under examination, Commerce 
normally calculates: (A) A weighted average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents; (B) a simple average of the estimated weighted-average 
dumping margins calculated for the examined respondents; and (C) a 
weighted average of the estimated weighted-average dumping margins 
calculated for the examined respondents using each company's 
publicly-ranged U.S. sale values for the merchandise under 
consideration. Commerce then compares (B) and (C) to (A) and selects 
either the (B) or (C) rate based on the rate closest to (A) as the 
most appropriate rate for companies not selected for individual 
examination. See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR 
53661, 53663 (September 1, 2010). In this review, Commerce based the 
rate for companies not selected for individual examination on the 
publicly-ranged sales data of the mandatory respondents. For an 
analysis of the data, see Memorandum, ``Final Results of the 
Antidumping Duty Administrative Review of Stainless Steel Flanges 
from India: Calculation of Margin for Respondents Not Selected for 
Individual Examination,'' dated May 3, 2022.
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Final Results of Administrative Review

    The final estimated weighted-average dumping margins are listed 
below for the POR, October 1, 2019, through September 30, 2020:

------------------------------------------------------------------------
                                                            Estimated
                                                            weighted-
                   Exporter/producer                     average dumping
                                                              margin
                                                            (percent)
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Chandan Steel Limited..................................            3.66
Kisaan Die Tech Private Limited........................            1.27
Companies Not Selected for Individual Examination \11\.            3.40
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for the final 
results within five days of the publication of this

[[Page 27569]]

notice in the Federal Register, in accordance with 19 CFR 351.224(b).
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    \11\ See Appendix II for a full list of these companies.
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review. Pursuant to 19 
CFR 351.212(b)(1), for Chandan and KDT, we calculated importer-specific 
ad valorem assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales.
    For the companies which were not selected for individual 
examination, we will assign an assessment rate based on the methodology 
described in the ``Rate for Companies Not Selected for Individual 
Examination'' section, above.
    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).

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, KDT, and the companies not selected for 
individual examination will be the rate established in the final 
results of this administrative review; (2) for merchandise exported by 
producers or exporters not covered by this review but covered in a 
prior segment of this 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, a previous review, or the original 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 case deposit 
rate for all other producers or exporters will continue to be 7.00 
percent,\12\ the all-others rate established in the LTFV investigation. 
These cash deposits, when imposed, shall remain in effect until further 
notice.
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    \12\ 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 
(August 30, 2021).
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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 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, and 19 CFR 351.221(b)(5).

    Dated: May 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Determination
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
    General Issue
    Comment 1: Whether to Reject the Petitioner's Rebuttal Factual 
Information (RFI)
    Chandan-Specific Issues
    Comment 2: Whether Chandan Properly Reported Finishing Stage
    Comment 3: Whether Chandan Properly Reported Quantity
    Comment 4: Whether Chandan Properly Reported All Sales of 
Foreign Like Product
    Comment 5: Whether to Allow Certain Reported Billing Adjustments
    Comment 6: Whether Chandan Received Full Payment from Certain 
U.S. Customers
    Comment 7: Whether Chandan Properly Reported Its Inventory 
Movement Schedule
    Comment 8: Whether Chandan Properly Reported Its Steel Grades
    Comment 9: Application of Adverse Facts Available (AFA) to 
Chandan Echjay-Specific Issue
    Comment 10: Whether to Treat Echjay as a Non-Examined Respondent 
KDT-Specific Issues
    Comment 11: Application of AFA for Failure to Properly Report 
Certain Sales
    Comment 12: Application of AFA for Failure to Timely Report 
Certain Affiliates
VII. Recommendation

Appendix II--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) \13\
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    \13\ We find that BFN Forgings Private Limited is the successor-
in-interest to Bebitz Flanges Works Private Limited. See IDM. This 
determination is unchanged from the Preliminary Results. See 
Preliminary Results PDM at ``Preliminary Successor-In-Interest 
Determination'' for full discussion.
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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 \14\
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    \14\ 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. 2022-09911 Filed 5-6-22; 8:45 am]
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