[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Notices]
[Pages 64450-64451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23216]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-815]


Finished Carbon Steel Flanges From Spain: Final Results of 
Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
sales of finished carbon steel flanges (flanges) from Spain were made 
at less than normal value (NV) during the period of review (POR) June 
1, 2020, through May 31, 2021.

DATES: Applicable October 25, 2022.

FOR FURTHER INFORMATION CONTACT: Carolyn Adie or Mark Flessner, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6250 or (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2022, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ On August 8, 2022, ULMA 
Forja, S.Coop (ULMA) submitted its case brief.\2\ No other interested 
party filed a case or rebuttal brief. These final results cover eight 
companies for which an administrative review was initiated and not 
rescinded. Commerce conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Finished Carbon Steel Flanges from Spain: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2021, 87 FR 
40496 (July 7, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See ULMA's Letter, ``ULMA Forja, S. Coop's Case Brief 
Finished Carbon Steel Flanges from Spain, POR 4,'' dated August 8, 
2022.
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Scope of the Order \3\
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    \3\ See Finished Carbon Steel Flanges from Spain: Antidumping 
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
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    The scope of the Order covers finished carbon steel flanges from 
Spain. For full description of the scope of the Order, see the Issues 
and Decision Memorandum.\4\
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    \4\ See Memorandum, ``Finished Carbon Steel Flanges from Spain: 
Issues and Decision Memorandum for Final Results of Antidumping Duty 
Administrative Review; 2020-2021,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case brief filed by parties in this review 
are addressed in the Issues and Decision Memorandum. A list of the 
issues addressed 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 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 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, and for the reasons 
explained in the Issues and Decision Memorandum, we made one change to 
the preliminary weighted-average margin calculations for ULMA and the 
non-examined companies.\5\
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    \5\ Id.
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Final Results of Administrative Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period June 1, 2020, through May 
31, 2021:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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ULMA Forja, S.Coop......................................            7.17
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              Rate Applicable to the Non-Selected Companies
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Aleaciones De Metales Sinterizados S.A..................            7.17
Central Y Almacenes.....................................            7.17
Farina Group Spain......................................            7.17
Friedrich Geldbach Gmbh.................................            7.17
Grupo Cunado............................................            7.17
Transglory S.A..........................................            7.17

[[Page 64451]]

 
Tubacero, S.L...........................................            7.17
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Rate for Non-Selected Respondents

    For the rate for non-selected respondents in an administrative 
review, generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in a 
market economy 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. In this segment of the 
proceeding, we calculated a margin for ULMA that was not zero, de 
minimis, or based on facts available. Accordingly, we have applied the 
margin calculated for ULMA to the non-individually examined 
respondents.

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to interested parties 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Commerce shall determine and U.S. Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review. For ULMA, 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). 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 regard to 
antidumping duties. For entries of subject merchandise during the POR 
produced by ULMA for which it did not know its merchandise was destined 
for the United States, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\6\ For the companies 
identified above that were not selected for individual examination, we 
will instruct CBP to liquidate entries at the rates established in 
these final results of review.
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    \6\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 for estimated antidumping 
duties will be effective upon publication of this notice for all 
shipments of flanges from Spain entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2) of the Act: (1) the cash deposit rate for the 
companies subject to this review will be equal to the company-specific 
weighted-average 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 18.81 percent, the all-others rate established in the less-than-
fair-value investigation of this proceeding.\7\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \7\ See Order, 82 FR at 27229.
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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 double 
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 destruction or return 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 destruction or 
return 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 sanctionable violation.

Notification to Interested Parties

    We are 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: October 20, 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. Discussion of the Issue
    Comment: Double-Counted Rebates on Certain U.S. Sales
V. Recommendation

[FR Doc. 2022-23216 Filed 10-24-22; 8:45 am]
BILLING CODE 3510-DS-P