[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Pages 41282-41284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14792]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-878]


Stainless Steel Flanges From India: Preliminary Results of 
Countervailing Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of stainless steel flanges from India during 
the period of review, January 1, 2020, through December 31, 2020. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable July 12, 2022.

FOR FURTHER INFORMATION CONTACT: Eliza Siordia, 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) 482-3878.

SUPPLEMENTARY INFORMATION:

Background

    On November 29, 2021, Commerce published a notice of initiation of 
an administrative review of the countervailing duty order on stainless 
steel flanges from India.\1\
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    \1\ See Initiation and Countervailing Duty Administrative 
Reviews, 86 FR 67685 (November 29, 2021), as corrected by Initiation 
of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 
73734 (December 28, 2021); see also Stainless Steel Flanges from 
India: Countervailing Duty Order, 83 FR 50336 (October 5, 2018) 
(Order).
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\2\ 
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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Countervailing Duty Administrative Review: Stainless 
Steel Flanges from India; 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. 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)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily find 
that there is a subsidy, i.e., a financial contribution that gives rise 
to a benefit to the recipient, and the subsidy is specific.\3\ For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
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    \3\ 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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Companies Not Selected for Individual Review

    The Act and Commerce's regulations do not directly address the 
subsidy rate

[[Page 41283]]

to be applied to companies not selected for individual examination 
where Commerce limits its examination in an administrative review 
pursuant to section 777A(e)(2) of the Act. However, Commerce normally 
determines the rates for non-selected companies in reviews in a manner 
that is consistent with section 705(c)(5) of the Act, which provides 
instructions for calculating the all-others rate in an investigation. 
Section 777A(e)(2) of the Act provides that ``the individual 
countervailable subsidy rates determined under subparagraph (A) shall 
be used to determine the all-others rate under section 705(c)(5) {of 
the Act{time} .'' Section 705(c)(5)(A) of the Act states that for 
companies not investigated, in general, we will determine an all-others 
rate by weight-averaging the countervailable subsidy rates established 
for each of the companies individually investigated, excluding zero and 
de minimis rates or any rates based solely on the facts available.
    Accordingly, to determine the rate for companies not selected for 
individual examination, Commerce's practice is to weight average the 
net subsidy rates for the selected mandatory respondents, excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\4\ We preliminarily determine that Chandan Steel Limited 
(Chandan) and Goodluck India Limited (Goodluck) received countervailing 
subsidies that are above de minimis and are not based entirely on facts 
available. Therefore, we preliminarily determine to apply the weighted-
average of the net subsidy rates calculated for Chandan and Goodluck 
using publicly ranged sales data submitted by those respondents to the 
non-selected companies.\5\ For a list of the 39 companies for which a 
review was requested, and which were not selected as mandatory 
respondents or found to be cross-owned with a mandatory respondent, see 
Appendix II to this notice.
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    \4\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
    \5\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this 
Federal Register notice.
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Preliminary Results of Review

    For the period January 1, 2020, through December 31, 2020, we 
preliminarily find that the following net subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                                                                 rate
                           Company                             (percent
                                                                  ad
                                                               valorem)
------------------------------------------------------------------------
Chandan Steel Limited.......................................        4.31
Goodluck India Limited \6\..................................        3.34
Non-Selected Companies Under Review \7\.....................        4.14
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Assessment Rate
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    \6\ Entries for Goodluck India Limited may have been made under 
the company name Good Luck Engineering Co. or Goodluck Engineering 
Co. See Preliminary Decision Memorandum.
    \7\ See Appendix II for a list of companies not selected for 
individual examination.
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    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries in accordance with the final results of this 
review. If the assessment rate calculated in the final results is zero 
or de minimis, we will instruct CBP to liquidate all appropriate 
entries without regard to countervailing duties. 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

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts indicated above, except, where the rate 
calculated in the final results is de minimis, no cash deposit will be 
required on 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 
countervailing duties 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.\8\ 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.\9\ 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.\10\ Case and 
rebuttal briefs should be filed using ACCESS \11\ and must be served on 
interested parties.\12\ Executive summaries should be limited to five 
pages total, including footnotes. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\13\
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    \8\ See 19 CFR 351.224(b).
    \9\ 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).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See generally 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f).
    \13\ 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.\14\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, 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.\15\ If a request for a 
hearing is made, Commerce intends to hold the hearing at a time and 
date to be determined. Parties should confirm the date and time of the 
hearing two days before the scheduled date. 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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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310.
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Final Results of Review

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final 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.

[[Page 41284]]

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.

    Dated: July 5, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

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. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation

Appendix II--List of Non-Selected Companies

Ae Engineers and Exporters
Armstrong International Pvt. Ltd.
Avini Metal Limited
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Pvt. Ltd.
BFN Forgings Private Limited
Broadway Overseas Ltd.
CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.).
CHW Forge Private
Dart Global Logistics Pvt.
Dongguan Good Luck Industrial Co., Ltd.
Dongguan Good Luck Furniture Industrial Co., Ltd.
Echjay Forgings Private Limited
Emerson Process Management
Expeditors International
Fivebros Forgings Pvt. Ltd.
Fluid Controls Pvt. Ltd.
G I Auto Private.
G. I. Auto Pvt. Ltd.
Hilton Metal Forging Limited
Jai Auto Pvt. Ltd.
Jay Jagdamba Ltd.
Jay Jagdamba Profile Private Limited
Jay Jagdamba Forgings Private Limited
Katariya Steel Distributors
Kisaan Die Tech Pvt. Ltd.
Pashupati lspat Pvt. Ltd.
Pashupati Tradex Pvt., Ltd.
Pradeep Metals Ltd.
Rajan Techno Cast.
Rajan Techno Cast Pvt. Ltd.
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Pvt. Ltd.
Safewater Lines (I) Pvt. Ltd.
Saini Flange Pvt. Ltd.
Saini Flanges Private.
Shree Jay Jagdamba Flanges Pvt. Ltd.
Transworld Enterprises
Viraj Profiles Ltd.

[FR Doc. 2022-14792 Filed 7-11-22; 8:45 am]
BILLING CODE 3510-DS-P