[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14125-14127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04666]


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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 and Final Determination of No Shipments; 
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 flanges from India made sales of 
subject merchandise at prices below normal value during the period of 
review (POR) October 1, 2020, through September 30, 2021. We continue 
to find that Emerson Process Management (Emerson) and Echjay Forgings 
Private Limited (Echjay) had no reviewable shipments of subject 
merchandise during the POR.

DATES: Applicable March 7, 2023.

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 Goodluck India Limited (Goodluck),\1\ for individual examination in 
this review. On November 4, 2022, Commerce published the Preliminary 
Results and invited interested parties to comment.\2\ On December 17, 
2022, Echjay submitted a case brief.\3\ No other interested parties 
commented on the Preliminary Results. For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\4\ 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\ We initiated a review on both ``Good Luck Engineering Co.'' 
and ``Goodluck India Ltd.'' See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 86 FR 67685, 67686 
(November 29, 2021). Subsequently, the company reported that Good 
Luck Engineering Co. is not a separate entity and is instead a 
business unit of Goodluck India Ltd. For the final results, the 
dumping margin calculated for Goodluck applies to entries from its 
business unit, Good Luck Engineering Co.
    \2\ See Stainless Steel Flanges from India: Preliminary Results 
of Antidumping Duty Administrative Review, Preliminary No Shipment 
Determination, and Partial Rescission; 2020-2021, 87 FR 66645 
(November 4, 2022) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \3\ See Echjay's Letter, ``Case Brief,'' dated December 16, 
2022.
    \4\ See Memorandum, ``Stainless Steel Flanges from India: Issues 
and Decision Memorandum for the Final Results of the Antidumping 
Duty Administrative Review; 2020-2021,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and 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, see the Issues and 
Decision Memorandum.\5\
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    \5\ Id.
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Analysis of Comments Received

    In the Issues and Decision Memorandum, we address the sole issue 
raised in the case brief submitted by Echjay, as reflected in Appendix 
I of this notice.\6\ 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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    \6\ Id.
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Changes Since the Preliminary Results

    We made no changes to the Preliminary Results based on comments 
from interested parties.\7\ However, in the Preliminary Results, we 
stated our intention to update the applicable countervailing duty (CVD) 
offset rate in Chandan's and Goodluck's margin calculation, once the 
new rates became available.\8\ Therefore, for the final results, we are 
updating the applicable CVD offset rates with the subsidy rates from 
the most recently-completed segment of the companion CVD proceeding 
(i.e., the final results of the 2020 administrative review).\9\
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    \7\ Id.
    \8\ See Preliminary Decision Memorandum at 11-12.
    \9\ See Memoranda, ``Final Analysis Memorandum for Chandan Steel 
Limited,'' dated concurrently with this notice; and ``Final Analysis 
Memorandum for Goodluck India Limited,'' dated concurrently with 
this notice.
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Final Determination of No Shipments

    We preliminarily found that Emerson and Echjay had no reviewable 
shipments of subject merchandise during the POR.\10\ Based on the 
comments received from Echjay, we continue to find that Echjay had no 
reviewable shipments.\11\ Moreover, no party commented on the 
Preliminary Results regarding the no-shipment decision for Emerson. 
Therefore, for these final results, we continue to find that these 
companies had no reviewable shipments of subject merchandise during the 
POR, and we will issue appropriate instructions to U.S. Customs and 
Border Protection (CBP) based on these final results.
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    \10\ See Preliminary Results, 87 FR at 66646.
    \11\ See Issues and Decision Memorandum at Comment.
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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 Goodluck 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 Goodluck weighted by each

[[Page 14126]]

respondent's publicly-ranged total U.S. sale values.\12\
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    \12\ See Memorandum, ``Calculation of Margin for Respondents Not 
Selected for Individual Examination,'' dated concurrently with this 
notice; see also, e.g., Xanthan Gum from the People's Republic of 
China: Preliminary Results of the Antidumping Duty Administrative 
Review, and Partial Rescission; 2018-2019, 85 FR 75686, 74687 
(November 23, 2020), unchanged in Xanthan Gum from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2018-2019, 86 FR 16189 (March 26, 2021); Emulsion Styrene-
Butadiene Rubber from the Republic of Korea: Preliminary Results of 
the Administrative Review of the Antidumping Duty Order; 2018-2019, 
85 FR 39534 (July 1, 2020), unchanged in Emulsion Styrene-Butadiene 
Rubber from the Republic of Korea: Final Results of the 
Administrative Review of the Antidumping Duty Order; 2018-2019, 85 
FR 67512 (October 23, 2020); Albemarle Corp. v. United States, 821 
F. 3d 1345 (Fed. Cir. 2016).
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Final Results of Administrative Review

    The final estimated weighted-average dumping margins are listed 
below for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Chandan Steel Limited...................................            0.65
Goodluck India Limited \13\.............................           50.72
Companies Not Selected for Individual Examination \14\..           13.22
------------------------------------------------------------------------

Disclosure
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    \13\ This rate applies to the following business unit: Goodluck 
India Limited and Good Luck Engineering Co.
    \14\ See Appendix II for a full list of these companies.
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    We intend to disclose the calculations performed for the final 
results within five days of the publication of this notice in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and 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 Goodluck, 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 entries of subject merchandise during the POR produced any of 
these companies under review for which they did not know their 
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.
    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 for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided for by section 
751(a)(2) of the Act: (1) the cash deposit rate for Chandan, Goodluck, 
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 less than fair value (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,\15\ 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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    \15\ 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 and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing 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: March 1, 2023.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issue Comment: Echjay No Shipment Status
VI. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Ae Engineers & Exporters
2. Balkrishna Steel Forge Pvt. LTD
3. BFN Forgings Private Limited (formerly Bebitz Flanges Works 
Private Limited) \16\
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    \16\ BFN Forgings Private Limited (formerly Bebitz Flanges Works 
Private Limited) is part of a collapsed entity with the following 
companies: Viraj Impoexpo, Ltd.; Bebitz USA, Inc. (Bebitz USA); 
Flanschen werk Bebitz GmbH (FBG); Viraj Alloys, Ltd.; Viraj 
Forgings, Ltd.; Viraj Profiles Limited (Viraj); and Viraj USA, Inc. 
(Viraj USA). See e.g., Stainless Steel Flanges from India: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Affirmative Critical Circumstance Determination, 83 FR 40745 (August 
16, 2018). Commerce inadvertently referenced Viraj Profiles Limited 
as a separate entity under review in the Preliminary Results. See 87 
FR at 66648.
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4. Broadway Overseas Ltd.
5. CHW Forge Private

[[Page 14127]]

6. Dart Global Logistics Pvt.
7. Dongguan Good Luck Furniture Industrial Co., Ltd.
8. Dongguan Good Luck Industrial Co., Ltd.
9. Expeditors International
10. G I Auto Private
11. G.I. Auto Pvt. Ltd.
12. Hilton Metal Forging Limited
13. Jai Auto Pvt. Limited
14. Jay Jagdamba Limited
15. Katariya Steel Distributors
16. Kisaan Die Tech Pvt Ltd.
17. Pradeep Metals Limited
18. Rajan Techno Cast
19. Rajan Techno Cast Pvt. Ltd.
20. Shree Jay Jagdamba Flanges Private Limited
21. Transworld Enterprises

[FR Doc. 2023-04666 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P