[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:
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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
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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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