[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48437-48438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15948]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-894]


Forged Steel Fluid End Blocks From India: Final Results of 
Countervailing 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 
countervailable subsidies were provided to Bharat Forge Limited (Bharat 
Forge), a producer and exporter of forged steel fluid end blocks (fluid 
end blocks) from India during the period of review (POR), May 26, 2020, 
through December 31, 2021.

DATES: Applicable July 27, 2023.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, 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) 482-1395

SUPPLEMENTARY INFORMATION:

Background

    On February 7, 2023, Commerce published the preliminary results of 
this administrative review in the Federal Register.\1\ This review 
covers one mandatory respondent, Bharat Forge. From April 3 through 
April 7, 2023, we conducted an onsite verification of Bharat Forge's 
questionnaire responses. On April 25, 2023, we released the 
verification report and invited interested parties to comment on the 
Preliminary Results.\2\ Between May 8 and 12, 2023, Bharat Forge, the 
Government of India (GOI), and the petitioners \3\ submitted timely-
filed case briefs.\4\ On May 19, Bharat Forge and the petitioners each 
submitted timely-filed rebuttal briefs.\5\ On June 5, 2023, Commerce 
extended the deadline for the final results of this administrative 
review to July 20, 2023.\6\ For a complete description of the events 
that occurred subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\7\
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    \1\ See Forged Steel Fluid End Blocks from India: Preliminary 
Results of Countervailing Duty Administrative Review; 2020-2021, 88 
FR 7943 (March 3, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Verification of the Questionnaire 
Responses of Bharat Forge Limited,'' dated April 25, 2023; see also 
Memorandum, ``Briefing Schedule,'' dated May 1, 2023.
    \3\ The petitioners are Ellwood City Forge Company, Ellwood 
Quality Steels Company, Ellwood National Steel Company, and A. Finkl 
& Sons.
    \4\ See Bharat Forge's Letter, ``Case brief,'' dated May 12, 
2023; GOI's Letter, ``Case Brief,'' dated May 8, 2022; and 
Petitioners' Letter, ``Case Brief,'' dated May 12, 2023.
    \5\ See Bharat Forge's Letter, ``Rebuttal Brief,'' dated May 19, 
2023; and Petitioners' Letter, ``Rebuttal Brief,'' dated May 19, 
2023.
    \6\ See Memorandum, ``Extension of Deadline,'' dated June 5, 
2023.
    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Forged Steel Fluid End Blocks 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 8
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    \8\ See Forged Steel Fluid End Blocks from the People's Republic 
of China, the Federal Republic of Germany, India, and Italy: 
Countervailing Duty Orders, and Amended Final Affirmative 
Countervailing Duty Determination for the People's Republic of 
China, 86 FR 7535 (January 29, 2021) (Order).
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    The products covered by the scope of the Order are fluid end 
blocks. A full description of the scope of the Order is contained in 
the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum and 
are listed 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 comments from interested parties and the 
evidence on the record, we revised the

[[Page 48438]]

calculation of the net countervailable subsidy rates for Bharat Forge. 
For a discussion of the issues, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative 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 to be countervailable, we find 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\9\ For a complete description of the 
methodology underlying all of Commerce's conclusions, including our 
reliance, in part, on facts otherwise available, including adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, see 
the Issues and Decision Memorandum.
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    \9\ 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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Final Results of Administrative Review

    We determine that the net countervailable subsidy rate for the 
period May 26, 2020, through December 31, 2021, to be as follows:

------------------------------------------------------------------------
                                          Subsidy rate     Subsidy rate
                Company                   (percent ad      (percent ad
                                         valorem) 2020    valorem) 2021
------------------------------------------------------------------------
Bharat Forge..........................            2.78             3.95
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Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct U.S. Customs and Border Protection (CBP) to collect 
cash deposits of estimated countervailing duties in the amounts shown 
above for the above-listed companies with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of these final results 
of review. For all non-reviewed firms, we will instruct CBP to continue 
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the 
company, as appropriate. These cash deposit requirements, effective 
upon publication of these final results, shall remain in effect until 
further notice.

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this 
review, for the above-listed companies at the applicable ad valorem 
assessment rates listed. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after 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).

Disclosure

    Commerce intends to disclose calculations and analysis performed 
for the final results of review within five days after the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

Notification to Interested Parties

    The final results 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: July 20, 2023.
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. Subsidies Valuation Information
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Whether the Duty Drawback (DDB) Scheme Is 
Countervailable
    Comment 2: Whether Commerce Should Revise Its DDB Benefit 
Calculation
    Comment 3: Whether the Remission of Duties and Taxes on Export 
Products (RODTEP) Program Is Countervailable
    Comment 4: Whether Bharat Forge's Export Promotion of Capital 
Goods Scheme (EPCGS) Information Submitted to Commerce Is Complete 
and Accurate
    Comment 5: Whether Bharat Forge Benefitted from the Interest 
Equalization Scheme (IES) during the POR
VIII. Recommendation

[FR Doc. 2023-15948 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P