[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15668-15671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05149]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-871]


Finished Carbon Steel Flanges 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 
producers and/or exporters subject to this administrative review made 
sales of subject merchandise at less than normal value (NV) during the 
period of review (POR) August 1, 2020, through July 31, 2021.

DATES: Applicable March 14, 2023.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Preston Cox, AD/CVD

[[Page 15669]]

Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-5041, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 24, 2017, Commerce published in the Federal Register the 
antidumping duty (AD) order on finished carbon steel flanges from 
India.\1\ On September 8, 2022, Commerce published the Preliminary 
Results of this administrative review in the Federal Register.\2\ We 
invited interested parties to comment on the Preliminary Results.\3\ 
Between October 11 and 18, 2022, interested parties submitted case and 
rebuttal briefs.\4\ On December 21, 2022, we extended the deadline for 
these final results until March 7, 2022.\5\ This administrative review 
covers 41 producers and/or exporters of the subject merchandise.\6\ 
Commerce selected R.N. Gupta & Co. Ltd. (RNG) and Norma Group \7\ for 
individual examination. The producers/exporters not selected for 
individual examination are referenced in the ``Final Results of 
Administrative Review'' section below and listed in Appendix II of this 
notice. For a complete description of the events that followed the 
Preliminary Results, see the Issues and Decision Memorandum.\8\ 
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 Finished Carbon Steel Flanges from India and Italy: 
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order).
    \2\ See Finished Carbon Steel Flanges from India: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2021, 87 FR 
54957 (September 8, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \3\ See Preliminary Results, 87 FR at 54958.
    \4\ See Weldbend Corporation's Letter, ``Petitioner's Case 
Brief,'' dated October 11, 2022; R.N. Gupta & Co. Ltd.'s Letter, 
``Rebuttal Brief of R.N. Gupta & Company Limited,'' dated October 
18, 2022; and Norma (India) Limited's Letter, ``Rebuttal Brief of 
Norma (India) Limited and its Affiliates,'' dated October 18, 2022.
    \5\ See Memorandum, ``Extension of Deadline for Final Results,'' 
dated December 21, 2022.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55811 (October 7, 2021). Commerce 
initiated on ``Uma Shanker Khandelwal & Co.'' and ``UmaShanker 
Khandelwal and Co.'' based on the requests for administrative review 
that Commerce received from interested parties. Because of the minor 
differences in the spelling of these company names, we combined them 
under the name Uma Shanker Khandelwal & Co.
    \7\ Commerce continues to treat Norma (India) Limited, USK 
Exports Private Limited, Uma Shanker Khandelwal & Co., and Bansidhar 
Chiranjilal (collectively, Norma Group) as a collapsed single entity 
for the final results of this administrative review. See Preliminary 
Results PDM at 1; see also Finished Carbon Steel Flanges from India: 
Final Results of Antidumping Duty Administrative Review; 2019-2020, 
87 FR 13701 (March 10, 2022).
    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the antidumping Duty 
Order on Finished Carbon Steel Flanges 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

    The merchandise covered by the Order is finished carbon steel 
flanges. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by 
interested parties in this review are discussed in the Issues and 
Decision Memorandum. A list of the issues which parties raised, and to 
which we responded in the Issues and Decision Memorandum, is attached 
as Appendix I 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 a review of the record and our analysis of the comments 
received, Commerce made certain changes to the Preliminary Results. For 
detailed information, see the Issues and Decision Memorandum.

Rate for Non-Selected Respondents

    The Act and Commerce's regulations do not address the establishment 
of a 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 market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual examination in an administrative review. 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} .''
    In this administrative review, we preliminarily calculated 
weighted-average dumping margins for RNG and Norma Group that are not 
zero, de minimis (i.e., less than 0.5 percent), or determined entirely 
on the basis of facts available. For these final results, we continue 
to calculate weighted-average dumping margins for RNG and Norma Group 
that are not zero, de minimis, or determined entirely on the basis of 
facts available. Accordingly, Commerce is assigning to the companies 
not individually examined, listed in Appendix II, a margin of 0.84 
percent, which is the weighted average of RNG's margin and Norma 
Group's margin based on publicly ranged data.\9\
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    \9\ See Memorandum, ``Calculation of Margin for Respondents Not 
Selected for Individual Examination,'' dated concurrently with this 
notice.
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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 August 1, 2020, through 
July 31, 2021:
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    \10\ See Appendix II for a list of companies not selected for 
individual examination.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
R.N. Gupta & Co. Ltd....................................            0.73
Norma (India) Limited/USK Export Private Limited/Uma                1.00
 Shanker Khandelwal & Co./Bansidhar Chiranjilal.........
Non-Selected Companies \10\.............................            0.84
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[[Page 15670]]

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results to parties in this proceeding 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

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine and CBP shall assess 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. For RNG and Norma 
Group, 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 zero or de minimis, the entries by that importer will be liquidated 
without regard to antidumping duties. For entries of subject 
merchandise during the POR produced by RNG or Norma Group for which the 
producer did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate in the less-than-fair-value investigation if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\11\ For the companies identified in Appendix II 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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    \11\ 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 will be effective upon 
publication in the Federal Register of these final results of 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date, as provided by section 751(a)(2)(C) of the Act: (1) 
the cash deposit rate for companies subject to this review will be 
equal to the company-specific weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by a company not covered in this review but 
covered in a prior 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 less-than-
fair-value investigation, but the producer is, then the cash deposit 
rate will be the rate established in the most recently completed 
segment of the proceeding for the producer of the merchandise; and (4) 
the cash deposit rate for all other producers or exporters will 
continue to be 8.91 percent, the all-others rate established in the 
less-than-fair-value investigation.\12\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \12\ See Order, 82 FR at 40138.
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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 review period. 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 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 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: March 7, 2023.
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. Changes since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Constructed Value Profit and Indirect Selling 
Expenses
    Comment 2: Norma Group's Interest Expenses
    Comment 3: Operating Expenses Related to RNG's Affiliates
    Comment 4: Calculation of RNG's Interest Expense Ratio
VI. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Adinath International
2. Allena Group
3. Alloyed Steel
4. Balkrishna Steel Forge Pvt. Ltd.
5. Bebitz Flanges Works Private Limited \13\
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    \13\ See Finished Carbon Steel Flanges from India: Notice of 
Initiation and Preliminary Results of Changed Circumstances Review, 
87 FR 34251 (June 6, 2022), and accompanying Preliminary Decision 
Memorandum at 4, unchanged in Finished Carbon Steel Flanges from 
India: Final Results of Changed Circumstances Review, 87 FR 44337 
(July 26, 2022). On July 26, 2022, Commerce published the final 
results of an antidumping duty changed circumstances review of 
Finished Carbon Steel Flanges from India. Commerce found that BFN 
Forgings Private Limited (BFN) is the successor-in-interest to 
Bebitz Flanges Works Private Limited (Bebitz). Effective August 14, 
2020, Bebitz changed its name to BFN, which is during the POR. Cash 
deposits of estimated antidumping duties required pursuant to the 
final results of this review will be applied to BFN. Commerce 
intends to instruct CBP to liquidate entries made during the POR by 
Bebitz, and entries made after August 14, 2020, by BFN, at the rates 
established in these final results of review.
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6. C. D. Industries
7. Cetus Engineering Private Limited
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. Mascot Metal Manufacturers
20. M F Rings and Bearing Races Ltd.
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works
24. Raaj Sagar Steels
25. Ravi Ratan Metal Industries
26. R. D. Forge
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components

[[Page 15671]]

and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge Pvt. Ltd.
36. Umashanker Khandelwal Forging Limited

[FR Doc. 2023-05149 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P