[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73367-73369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20399]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-810]


Stainless Steel Bar From India: Final Results of Antidumping Duty 
Administrative Review; 2022-2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
producers/exporters of stainless steel bar (SS bar) subject to this 
review made sales of subject merchandise at prices below normal value 
during the period of review (POR), February 1, 2022, through January 
31, 2023. We further determine that a producer/exporter of SS bar from 
India did not make sales of subject merchandise below normal value 
during the POR.

DATES: Applicable September 10, 2024.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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) 482-3477.

SUPPLEMENTARY INFORMATION:

Background

    On March 5, 2024, Commerce published in the Federal Register the 
Preliminary Results of the 2022-2023 administrative review of the 
antidumping duty order on SS bar from India.\1\ We invited interested 
parties to comment on the Preliminary Results. On June 10, 2024, we 
extended the deadline for issuing the final results of administrative 
review to August 29, 2024.\2\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\3\ The 
deadline for issuing the final results of administrative review is now 
September 5, 2024. Commerce conducted this review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Stainless Steel Bar from India: Preliminary Results of 
Antidumping Duty Administrative Review; 2022-2023, 89 FR 15812 
(March 5, 2024) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results,'' 
dated June 10, 2024.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Order 4
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    \4\ See Antidumping Duty Orders: Stainless Steel Bar from 
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
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    The product covered by the Order is SS bar from India. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.\5\
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    \5\ See Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are listed in the appendix to this notice and addressed 
in the Issues and Decision Memorandum.\6\ 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 at 
https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Antidumping Duty Administrative Review of Stainless Steel Bar 
from India; 2022-2023,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
cost related adjustments to Laxcon Steels Limited's, and its 
affiliates', Ocean Steels Private Limited's, Metlax International 
Private Limited's, Parvati Private Limited's, and Mega Steels Private 
Limited's (collectively, Laxcon) information.\7\ In addition, we 
recalculated Laxcon's reported indirect selling expense calculation \8\ 
and removed an adjustment to U.S. price reported under a certain 
billing adjustment field (BILLADJ1U) for Aamor Inox Limited.\9\ For a 
detailed discussion of the issues raised by parties, see the Issues and 
Decision Memorandum.
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    \7\ Id. at Comments 1, 3, 4, and 5.
    \8\ Id. at Comment 6.
    \9\ Id. at Comment 8.
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
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

[[Page 73368]]

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. In this review, we have determined that the estimated 
weighted-average margin for Aamor is de minimis. Therefore, the only 
rate that is not zero, de minimis, or based entirely on facts 
available, is the rate calculated for Laxcon. Accordingly, we assigned 
a margin of 0.70 percent based on Laxcon's calculated weighted-average 
dumping margin to the non-examined companies.

Final Results of Review

    We determine that the following estimated weighted-average dumping 
margins exist for the period February 1, 2022, through January 31, 
2023:

------------------------------------------------------------------------
                                                        Weighted-average
                  Producer/exporter                      dumping margin
                                                           (percent)
------------------------------------------------------------------------
Laxcon Steels Limited, and its affiliates, Ocean                    0.70
 Steels Private Limited, Metlax International Private
 Limited, Parvati Private Limited, and Mega Steels
 Private Limited \10\................................
Aamor Inox Limited...................................  0.40 (de minimis)
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     Companies Not Selected for Individual Review      .................
------------------------------------------------------------------------
Astrabite LLP........................................               0.70
Venus Wire Industries Pvt. Ltd., and its affiliates,                0.70
 Precision Metals, Hindustan Inox Ltd., and Sieves
 Manufacturers (India) Pvt. Ltd.\11\.................
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for these final 
results of review to the parties within five days after public 
announcement, 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 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. For any individually examined respondents whose weighted-
average dumping margin is above de minimis, we calculated 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. Where either the respondent's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer- (or customer-) specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \10\ Collectively, these companies are known as Laxcon.
    \11\ Collectively, these companies are known as Venus Group.
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    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR for which the examined 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. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate (12.45 percent \12\), if there is no 
rate for the intermediate company(ies) involved in the transaction.
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    \12\ See Order at 66921.
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    For the companies that were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at a 
rate equal to the weighted-average dumping margin established in the 
final results of review.
    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 subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review in the Federal Register, as provided for 
by section 751(a)(2) of the Act: (1) the cash deposit rate for 
companies subject to this review will be the rates established in these 
final results of the 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; (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 recent period for the producer of the merchandise; (4) the cash 
deposit rate for all other producers or exporters will continue to be 
12.45 percent,\13\ the all-others rate established in the 
investigation. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \13\ See Order, 60 FR at 66921.
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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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary

[[Page 73369]]

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

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: September 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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes From the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether to Revise Laxcon's Reported Cost
    Comment 2: Whether to Revise Mega Steels Private Limited's 
Reported Costs
    Comment 3: Whether to Revise Ocean Steels Private Limited's 
Reported Costs
    Comment 4: Whether to Revise Metlax International Private 
Limited's Reported
    Costs
    Comment 5: Whether to Disallow Laxcon's Offset for an Affiliated 
Party's
    Interest Expenses
    Comment 6: Whether to Revise Laxcon's Indirect Selling Expenses
    Comment 7: Whether to Reject Aamor's Claimed Billing Adjustment
    Comment 8: Whether to Deny Aamor's Request for the Addition of 
An Export Tax Adjustment
VI. Recommendation

[FR Doc. 2024-20399 Filed 9-9-24; 8:45 am]
BILLING CODE 3510-DS-P