[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40465-40467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10233]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-815]


Carbon Steel Flanges From Spain: Preliminary Results of 
Antidumping Duty Administrative Review and Rescission of Review in 
Part; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that carbon steel flanges from Spain were sold in the United States at 
prices below normal value. The period of review (POR) is June 1, 2022, 
through May 31, 2023. We are also rescinding this administrative 
review, in part, with respect to seven companies because the requests 
for administrative review were timely withdrawn. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable May 10, 2024.

FOR FURTHER INFORMATION CONTACT: Jacob Waddell or Mark Flessner, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1369 or (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 4, 2017. Commerce issued an antidumping duty order on 
finished carbon steel flanges from Spain.\1\ On August 3, 2023, based 
on timely requests for administrative review, Commerce initiated an 
administrative review of the Order.\2\ All requests for administrative 
review were timely withdrawn with regard to seven

[[Page 40466]]

companies,\3\ leaving ULMA Forja, S.Coop (ULMA) as the sole mandatory 
respondent in this review.\4\ On February 9, 2024, in accordance with 
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), 
Commerce extended the preliminary results of review until June 28, 
2024.\5\
---------------------------------------------------------------------------

    \1\ See Finished Carbon Steel Flanges from Spain: Antidumping 
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 51271 (August 3, 2023) (Initiation 
Notice).
    \3\ See Weldbend Corporation's Letter, ``Withdrawal of Request 
for Administrative Review,'' dated September 5, 2023.
    \4\ See Memorandum, ``Identification of Mandatory Respondent for 
the 2022-2023 Administrative Review of the Antidumping Duty Order on 
Finished Carbon Steel Flanges from Spain,'' dated September 15, 
2023.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
9, 2024.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\6\ 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 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review; 2022-2023'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the Order is carbon steel flanges from 
Spain. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(2) of the Act. Commerce has calculated export 
prices in accordance with section 772(a) of the Act. Constructed export 
prices have been calculated in accordance with section 772(b) of the 
Act. Normal value is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying our 
conclusions, 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 the party or parties 
that requested a review withdraws the request within 90 days of the 
publication of the notice of initiation of the requested review. As 
noted above, all requests for an administrative review were timely 
withdrawn for all companies except ULMA. Therefore, in accordance with 
19 CFR 351.213(d)(1), we are rescinding this administrative review with 
respect to seven of the eight companies named in the Initiation 
Notice.\7\
---------------------------------------------------------------------------

    \7\ See Appendix II for a list of these companies.
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce preliminarily finds the following estimated weighted-
average dumping margin exists for the period June 1, 2021, through May 
31, 2023:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Exporter/producer                          margin
                                                            (percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop.....................................            2.02
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed for these preliminary results within five days after public 
announcement of the preliminary results, or if there is no public 
announcement, within five days of the publication of these preliminary 
results in the Federal Register, in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of 
review.\8\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the date for filing 
case briefs.\9\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\10\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(ii).
    \9\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings, we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide, at the beginning of their briefs, a public 
executive summary for each issue raised in their briefs.\11\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\12\
---------------------------------------------------------------------------

    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\13\ Requests should contain: (1) the party's name, address 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\14\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., greater than or equal to 0.5 
percent) in the final results of this review, we will calculate 
importer-specific ad valorem 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 the examined sales to that 
importer, and we will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review. For entries of subject 
merchandise during the POR produced by each respondent for which it did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others

[[Page 40467]]

rate if there is no rate for the intermediate company(ies) involved in 
the transaction.\15\ Where the individually-selected respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \15\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies listed in Appendix II for which we are rescinding 
this review, we will instruct CBP to assess antidumping duties on all 
appropriate entries at a rate equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends 
to issue these rescission instructions to CBP no earlier than 35 days 
after the date of publication of this notice in the Federal Register.
    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.\16\ 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).
---------------------------------------------------------------------------

    \16\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 884 (January 
15, 2021).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2) of the Act: (1) the cash 
deposit rate for the companies listed in the final results of review 
will be equal to the weighted-average dumping margin established in the 
final results of this administrative review; (2) for merchandise 
exported by producers or exporters 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 for the most 
recently completed segment of this proceeding in which they were 
reviewed; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original 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 cash deposit rate for all other producers or 
exporters will continue to be 2.02 percent, the all-others rate 
established in the less-than-fair-value investigation.\17\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \17\ See Order, 82 FR at 27230.
---------------------------------------------------------------------------

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review, pursuant to section 
751(a)(3)(A) of the Act.

Notification to Importers

    This notice serves as a preliminary 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 POR. 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.

Notification to Interested Parties

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

    Dated: May 6, 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

Companies for Which This Administrative Review is Being Rescinded

1. Aleaciones De Metales Sinterizados S.A.
2. Central Y Almacenes
3. Farina Group Spain
4. Friedrich Geldbach Gmbh
5. Grupo Cunado
6. Transglory S.A.
7. Tubacero, S.L.

[FR Doc. 2024-10233 Filed 5-9-24; 8:45 am]
BILLING CODE 3510-DS-P