[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54968-54970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19338]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-810]


Stainless Steel Bar From India: Final Results of Antidumping Duty 
Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
exporters/producers of stainless steel bar (SS Bar) from India made 
sales at prices below normal value during the period of review (POR) of 
February 1, 2020, through January 31, 2021.

DATES: Applicable September 8, 2022.

FOR FURTHER INFORMATION CONTACT: Jacob Keller or Konrad Ptaszynski, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4849 or (202) 
482-6187, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 4, 2022, Commerce published in the Federal Register the 
Preliminary Results of the 2020-2021 administrative review of the 
antidumping duty order on SS Bar from India.\1\ We invited interested 
parties to comment on the Preliminary Results and on June 30, 2022, 
Carpenter Technology Corporation, Crucible Industries LLC, Electralloy, 
a Division of G.O. Carlson, Inc., North American Stainless, Universal 
Stainless & Alloy Products, Inc., and Valbruna Slater Stainless, Inc. 
(collectively, the petitioners) submitted timely filed case briefs.\2\ 
On July 6 and 12, 2022, Venus Wire Industries Pvt. Ltd., Hindustan 
Inox, Precision Metals and Sieves Manufacturers (India) Pvt. Ltd. 
(collectively, the Venus Group) and Laxcon Steels Limited, Ocean Steels 
Private Limited, Metlax International Private Limited, Parvati Private 
Limited, and Mega Steels Private Limited (collectively, Laxcon), 
respectively, submitted timely filed rebuttal briefs.\3\ On June 6, 
2022, we extended the preliminary results of this review to no later 
than August 31, 2022.\4\ For a complete description of the events that 
followed the initiation of this review, see the Issues and Decision 
Memorandum.\5\
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    \1\ See Stainless Steel Bar from India: Preliminary Results and 
Partial Rescission of Antidumping Duty Administrative Review; 2020-
2021, 87 FR 12428 (March 4, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Petitioner's Letters, ``Petitioners' Case Brief 
Concerning Laxcon,'' dated June 30, 2022; and ``Petitioners' Case 
Brief Concerning Venus,'' dated June 30, 2022.
    \3\ See Laxcon's Letter, ``Rebuttal of Petitioner Case Brief 
Concerning to Laxcon Steels Limited of Anti-Dumping Order on 
Stainless Steels Bar from India (A-533-810),'' dated July 12, 2022; 
see also Venus Group's Letter, ``Rebuttal Brief,'' dated August 6, 
2022. We rejected the Venus Group's initial rebuttal brief 
submission because it contained untimely new factual information. 
Accordingly, the Venus Group resubmitted its redacted rebuttal brief 
on August 6, 2022.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2020-2021,'' dated June 
6, 2022.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Stainless Steel Bar from India; 2020-2021,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order 6
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    \6\ See Antidumping Duty Orders: Stainless Steel Bar from 
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
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    The products covered by the Order are SS Bar. A full description of 
the scope of the Order is contained in the Issues and Decision 
Memorandum.\7\
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    \7\ See Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by 
interested parties in this review are addressed in the Issues and 
Decision Memorandum. A list of the topics discussed in the Issues and 
Decision Memorandum is included in the appendix to this notice. The 
Issues and Decision Memorandum is a public document and is made 
available to the public 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 Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the margin calculation for Laxcon. For a discussion of these 
changes, see the Issues and Decision Memorandum.

Use of Adverse Facts Available

    Pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act), and for the reasons explained in the Issues and 
Decision Memorandum, we applied certain changes to Laxcon's margin 
calculation based on the use of partial adverse facts available.

Final Results of Administrative Review

    As a result of this administrative review, Commerce determines that 
the following estimated weighted-average dumping margins exists for the 
period February 1, 2020, through January 31, 2021:
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    \8\ Collectively, these companies are known as the Venus Group.
    \9\ We are not disclosing any final margin calculations for 
Venus Wire Industries Pvt. Ltd., and its affiliates Hindustan Inox 
Ltd., Precision Metals and Sieves Manufacturers (India) Pvt. Ltd. 
because we made no changes to the preliminary margin calculations, 
and we have not performed any calculations in connection with this 
final determination. See Memorandum, ``Administrative Review of the 
Antidumping Duty Order on Stainless-Steel Bar from India--
Preliminary Analysis Memorandum for the Venus Group; 2020-2021,'' 
dated February 25, 2022.
    \10\ Collectively, these companies are known as Laxcon.

[[Page 54969]]



------------------------------------------------------------------------
                                                        Weighted-average
                 Producer or exporter                    dumping margin
                                                           (percent)
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Venus Wire Industries Pvt. Ltd., and its affiliates             \9\ 0.00
 Hindustan Inox Ltd., Precision Metals and Sieves
 Manufacturers (India) Pvt. Ltd \8\..................
Laxcon Steels Limited, and its affiliates Ocean                     3.76
 Steels Private Limited, Metlax International Private
 Limited, Parvati Private Limited, and Mega Steels
 Private Limited \10\................................
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Disclosure

    With respect to Laxcon, we intend to disclose the calculations 
performed for these final results of review to the parties within five 
days after public announcement, in accordance with 19 CFR 351.224(b). 
With respect to the Venus Group, because we made no changes to the 
margin for the Venus Group in these final results there are no 
calculations to disclose.

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), upon issuance of the final results of review, Commerce 
shall determine, and U.S. Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries covered by this 
review. Commerce intends to issue appropriate assessment instructions 
to CBP no earlier than 35 days after publication of these final results 
of review. 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).
    For Laxcon, we calculated importer-specific assessment rates on the 
basis of the ratio of the total amount of dumping calculated for each 
importer's examined sales and the total entered value of those sales in 
accordance with 19 CFR 351.212(b)(1).\11\ Where an importer-specific 
assessment rate is de minimis (i.e., less than 0.5 percent), the 
entries by that importer will be liquidated without reference to 
antidumping duties.
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    \11\ In these final results, Commerce applied the assessment 
rate calculation method adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 
FR 8101 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by 
Laxcon for which it did not know that its merchandise was destined for 
the United States, we will instruct CBP to liquidate unreviewed entries 
at the all-others rate (i.e., 12.45 percent) \12\ if there is no rate 
for the intermediate company(ies) involved in the transaction.\13\
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    \12\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Stainless Steel Bar from India, 59 FR 66915, 66921 
(December 28, 1994) (Order).
    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of this notice for all shipments of 
SS Bar entered, or withdrawn from warehouse, for consumption on or 
after the date of publication as provided by section 751(a)(2)(C) of 
the Act: (1) the cash deposit rates for the companies subject to this 
review will be equal to the dumping margin established in the final 
results of the review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior completed 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published in the completed segment for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original investigation but the producer 
has been covered in a prior completed segment of this proceeding, then 
the cash deposit rate will be the rate established in the completed 
segment for the most recent period for the producer of the merchandise; 
(4) the cash deposit rate for all other producers or exporters will 
continue to be 12.45 percent, the all-others rate established in the 
less-than-fair-value investigation for this proceeding.\14\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \14\ See Order, 59 FR at 66921.
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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 the 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 an 
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 
proceeding. Timely written notification of the return/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

    Commerce is issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: August 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Total Adverse Facts 
Available (AFA) to the Venus Group
    Comment 2: Whether Total AFA is Warranted Because Laxcon 
Destroyed Certain Records
    Comment 3: Whether Laxcon Failed Verification of Product 
Physical Characteristics
    Comment 4: Whether Laxcon Provided Complete U.S. Sales Data
    Comment 5: Whether Laxcon Provided a Complete Home Market Sales 
Database
    Comment 6: Whether Laxcon Reported Accurate Packing Expenses
    Comment 7: Whether Laxcon Withheld Information Regarding Certain 
Home Market Sales
    Comment 8: Whether Commerce Should Apply Total AFA to Laxcon
    Comment 9: Ministerial Errors in the Preliminary Results for 
Laxcon

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VI. Recommendation

[FR Doc. 2022-19338 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P