[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17410-17411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05065]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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.
DATES: Applicable March 11, 2024.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-7425 or (202)
482-0029, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce selected two companies, Chandan Steel Limited (Chandan)
and Kisaan Die Tech Private Limited (KDT) as the mandatory respondents,
in this review. On November 6, 2023, Commerce published the Preliminary
Results and invited interested parties to comment.\1\ In December 2023,
we received case briefs from Core Pipe Products, Inc. (the petitioner)
and rebuttal briefs from Chandan and KDT.\2\ For a complete description
of the events that occurred since the Preliminary Results, see the
Issues and Decision Memorandum.\3\ 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 Stainless Steel Flanges from India: Preliminary Results
of Antidumping Duty Administrative Review and Partial Rescission;
2021-2022, 88 FR 76176 (November 6, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Petitioner's Letters, ``Petitioner's Case Brief for
Chandan,'' dated December 6, 2023; and ``Petitioner's Case Brief for
KDT,'' dated December 6, 2023; see also Chandan's Letter,
``Submission of rebuttal brief in response to petitioner's case
brief,'' dated December 18, 2023; and KDT's Letter, ``Rebuttal to
Petitioners Pre-Preliminary Comments,'' dated December 18, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Stainless Steel Flanges from India; 2021-2022,'' 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 flanges from India. For a
complete description of the scope of the order, see the Preliminary
Results PDM.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached to this notice in Appendix I. 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.
Changes Since the Preliminary Results
We made no changes to the Preliminary Results based on comments
from interested parties.
Final Results of Review
The final estimated weighted-average dumping margins are listed
below for the period October 1, 2021, through September 30, 2022:
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\4\ See appendix II for the list of exporters and/or producers
not selected for individual examination.
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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 Examination \4\....... 0.00
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Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with the final results of review
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of final results in the Federal Register, in accordance with 19 CFR
351.224(b). However, because we have made no changes to the Preliminary
Results, there are no new calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will 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. Where a respondent's weighted-average dumping margin is
either zero or de minimis (i.e., less than 0.5 percent), we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. Accordingly, because Chandan's and KDT's weighted-
average dumping margins are zero percent, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Consistent with Commerce's assessment practice, for entries of subject
merchandise during the POR produced by Chandan or KDT for which these
companies did not know the 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
[[Page 17411]]
intermediate company(ies) involved in the transaction.\5\
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\5\ 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
examination, we will also instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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 for by section
751(a)(2) 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 less-than-fair value 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.\6\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\6\ 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).
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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 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
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 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Whether to Apply Adverse Facts Available (AFA) to
Chandan
Comment 2: Whether to Include KDT's Outside Tolling Costs
IV. 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 \7\
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\7\ 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 Forgings Pvt. Ltd.\8\
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\8\ We incorrectly listed this company as ``Fivebros Pvt Ltd.''
in the Initiation Notice and as ``Fivebros Forging Pvt Ltd.'' in the
Preliminary Results. 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); and Preliminary Results, 88 FR at 76178.
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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. 2024-05065 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-DS-P