[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76176-76178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24496]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-877]


Stainless Steel Flanges From India: Preliminary Results of 
Antidumping Duty Administrative Review and Partial Rescission; 2021-
2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that producers/exporters of stainless steel flanges (flanges) from 
India did not make sales of subject merchandise in the United States at 
prices below normal value (NV) during the period of review (POR) 
October 1, 2021, through September 30, 2022. In addition, we are 
rescinding this review for one company. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable November 6, 2023.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4725 or (202) 482-0029, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 9, 2018, Commerce published in the Federal Register an 
antidumping duty order on flanges from India.\1\ On December 5, 2022, 
based on timely requests for review, Commerce initiated an 
administrative review of the Order covering 15 companies, in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\2\ 
On June 6, 2023, we extended the deadline for the preliminary results 
of this administrative review until October 31, 2023.\3\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\4\
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    \1\ See Stainless Steel Flanges from India: Antidumping Duty 
Order, 83 FR 50639 (October 9, 2018) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 74404 (December 5, 2022); and 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 88 FR 7060 (February 2, 2023) (collectively, Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated 
June 6, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Stainless 
Steel Flanges from India; 2021-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is stainless steel flanges 
from India. For a full description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation. On March 2, 2023, we received 
a timely withdrawal request from R.N. Gupta & Company Limited.\5\ 
Because no other party requested a review of this company, Commerce is 
rescinding this review with respect to R.N. Gupta & Company Limited, in 
accordance with 19 CFR 351.213(d)(1).
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    \5\ See R.N. Gupta's Letter, ``Withdrawal of Anti-dumping Duty 
Administrative Review,'' dated March 2, 2023.
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a) of the Act. We calculated export price and constructed export 
price in accordance with section 772 of the Act. We calculated NV in 
accordance with section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics included in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

[[Page 76177]]

Preliminary Results of Review

    We preliminarily determine the following weighted-average dumping 
margins exist for the period October 1, 2021, through September 30, 
2022:
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    \6\ See Appendix II for the list of exporters and/or producers 
not selected for individual review.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Chandan Steel Limited...................................            0.00
Kisaan Die Tech Private Limited.........................            0.00
Companies Not Selected for Individual Review \6\........            0.00
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Review-Specific Rate for Companies Not Selected for Individual Review

    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 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.
    Where the dumping margins for individually examined respondents are 
zero, de minimis, or determined based entirely on facts available, 
section 735(c)(5)(B) of the Act provides that Commerce may use ``any 
reasonable method to establish the estimated all-others rate for 
exporters and producers not individually investigated . . . .'' In this 
review, Commerce preliminarily calculated weighted-average dumping 
margins for Chandan Steel Limited (Chandan) and Kisaan Die Tech Private 
Limited (KDT) of zero percent. Therefore, we are preliminarily 
assigning a rate of zero percent to the companies not selected for 
individual examination, in accordance with section 735(c)(5)(B) of the 
Act.

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. Pursuant to 19 CFR 
351.212(b)(1), because the individually-examined respondents reported 
the entered value for their U.S. sales, we will calculate importer-
specific ad valorem antidumping duty assessment rates based on the 
ratio of the total amount of antidumping duties calculated for the 
examined sales to the total entered value of those same sales. If 
either respondent's weighted-average dumping margin is zero or de 
minimis within the meaning of 19 CFR 351.106(c), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate 
the appropriate entries without regard to antidumping duties.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Chandan and KDT for 
which these companies did not know that the merchandise they sold to an 
intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. We will instruct CBP to liquidate those 
entries at the all-others rate (i.e., 7.00 percent) \7\ if there is no 
rate for the intermediate company(ies) involved in the transaction.\8\
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    \7\ 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 
(September 8, 2021) (Amended Final Determination).
    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the review-specific 
average rate, calculated as noted in the ``Preliminary Results of 
Review'' section, above. The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise covered by this review and for future deposits of estimated 
duties, where applicable.\9\
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    \9\ See section 751(a)(2)(C) of the Act.
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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 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 by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
de minimis (i.e., less than 0.50 percent), in which case the cash 
deposit rate will be zero; (2) for previously reviewed or investigated 
companies not covered by this review, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently-completed segment of this proceeding in which they were 
examined; (3) if the exporter is not a firm covered in this review, a 
prior review, or the LTFV investigation, but the producer is, the cash 
deposit rate will be the rate established for the most recently-
completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 7.00 percent, the all-others rate 
established in the Amended Final Determination.\10\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \10\ See Amended Final Determination, 86 FR at 50326.
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Disclosure and Public Comment

    We intend to disclose the calculations performed in connection with 
these preliminary results to interested parties within five days after 
the date of publication of this notice in the Federal Register.\11\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\12\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) a statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\13\ Case and rebuttal briefs should be filed using 
ACCESS.\14\ Note that Commerce has amended

[[Page 76178]]

certain of its requirements pertaining to the service of documents in 
19 CFR 351.303(f).\15\
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    \11\ See 19 CFR 351.224(b).
    \12\ Commerce is exercising its discretion, under 19 CFR 
351.309(d), to alter the time limit for the filing of rebuttal 
briefs.
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See generally 19 CFR 351.303.
    \15\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\16\ 
Hearing requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants: and (3) a list of the 
issues to be discussed. Oral presentations at the hearing will be 
limited to issues raised in the case and rebuttal briefs.\17\ Parties 
are reminded that all briefs and hearing requests must be filed 
electronically using ACCESS and received successfully in their entirety 
by 5:00 p.m. Eastern Time on the due date. If a request for a hearing 
is made, parties will be notified of the time and date for the 
hearing.\18\
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310.
    \18\ See 19 CFR 351.310(d).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a 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 doubled antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Balkrishna Steel Forge Pvt. Ltd.
2. BFN Forgings Private Limited; Bebitz Flanges Works Private 
Limited; Fanschen werk Bebitz GmbH; Viraj Alloys, Ltd.; Viraj 
Forgings, Ltd.; Viraj Impoexpo, Ltd.; and Viraj Profiles Limited 
\19\
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    \19\ Commerce has previously found BFN Forgings Private Limited 
to be part of a collapsed entity. 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). The companies which 
are part of this collapsed entity are listed above.
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3. Echjay Forgings Private Limited
4. Fivebros Forging Pvt Ltd.\20\
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    \20\ We incorrectly listed this company as ``Fivebros Pvt Ltd.'' 
in the Initiation Notice. See Initiation Notice, 87 FR at 74406.
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5. Goodluck India Limited
6. Hilton Metal Forging Limited
7. Jai Auto Pvt. Ltd.
8. Jay Jagdamba Forgings Pvt Ltd
9. Jay Jagdamba Ltd
10. Jay Jagdamba Profile Pvt Ltd
11. Pradeep Metals Limited
12. Shree Jay Jagdamba Flanges Pvt. Ltd.

[FR Doc. 2023-24496 Filed 11-3-23; 8:45 am]
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