87 FR 132 pgs. 41282-41284 - Stainless Steel Flanges From India: Preliminary Results of Countervailing Duty Administrative Review; 2020
Type: NOTICEVolume: 87Number: 132Pages: 41282 - 41284
Pages: 41282, 41283, 41284Docket number: [C-533-878]
FR document: [FR Doc. 2022-14792 Filed 7-11-22; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-878]
Stainless Steel Flanges From India: Preliminary Results of Countervailing Duty Administrative Review; 2020
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of stainless steel flanges from India during the period of review, January 1, 2020, through December 31, 2020. Interested parties are invited to comment on these preliminary results.
DATES:
Applicable July 12, 2022.
FOR FURTHER INFORMATION CONTACT:
Eliza Siordia, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3878.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2021, Commerce published a notice of initiation of an administrative review of the countervailing duty order on stainless steel flanges from India. 1
Footnotes:
1 ? See Initiation and Countervailing Duty Administrative Reviews, 86 FR 67685 (November 29, 2021), as corrected by Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 73734 (December 28, 2021); see also Stainless Steel Flanges from India: Countervailing Duty Order, 83 FR 50336 (October 5, 2018) ( Order ).
For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 2 A list of topics discussed in the Preliminary Decision Memorandum is included at 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.
Footnotes:
2 ? See Memorandum, "Decision Memorandum for the Preliminary Results of Countervailing Duty Administrative Review: Stainless Steel Flanges from India; 2020," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Order
The merchandise covered by the Order is stainless steel flanges from India. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this 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 countervailable, we preliminarily find that there is a subsidy, i.e., a financial contribution that gives rise to a benefit to the recipient, and the subsidy is specific. 3 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.
Footnotes:
3 ? 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.
Companies Not Selected for Individual Review
[top] The Act and Commerce's regulations do not directly address the subsidy rate
Accordingly, to determine the rate for companies not selected for individual examination, Commerce's practice is to weight average the net subsidy rates for the selected mandatory respondents, excluding rates that are zero, de minimis, or based entirely on facts available. 4 We preliminarily determine that Chandan Steel Limited (Chandan) and Goodluck India Limited (Goodluck) received countervailing subsidies that are above de minimis and are not based entirely on facts available. Therefore, we preliminarily determine to apply the weighted-average of the net subsidy rates calculated for Chandan and Goodluck using publicly ranged sales data submitted by those respondents to the non-selected companies. 5 For a list of the 39 companies for which a review was requested, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent, see Appendix II to this notice.
Footnotes:
4 ? See, e.g., Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 37387 (June 29, 2010).
5 ? See Memorandum, "Calculation of Subsidy Rate for Non-Selected Companies Under Review," dated concurrently with this Federal Register notice.
Preliminary Results of Review
For the period January 1, 2020, through December 31, 2020, we preliminarily find that the following net subsidy rates exist:
| Company | Subsidy rate (percent ad valorem ) |
|---|---|
| Chandan Steel Limited | 4.31 |
| Goodluck India Limited? 6 | 3.34 |
| Non-Selected Companies Under Review? 7 | 4.14 |
Assessment Rate
Footnotes:
6 ?Entries for Goodluck India Limited may have been made under the company name Good Luck Engineering Co. or Goodluck Engineering Co. See Preliminary Decision Memorandum.
7 ? See Appendix II for a list of companies not selected for individual examination.
Consistent with section 751(a)(2)(C) of the Act, upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries in accordance with the final results of this review. If the assessment rate calculated in the final results is zero or de minimis, we will instruct CBP to liquidate all appropriate entries without regard to countervailing 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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts indicated above, except, where the rate calculated in the final results is de minimis, no cash deposit will be required on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results. 8 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. 9 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. 10 Case and rebuttal briefs should be filed using ACCESS? 11 and must be served on interested parties. 12 Executive summaries should be limited to five pages total, including footnotes. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 13
Footnotes:
8 ? See 19 CFR 351.224(b).
9 ? See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) ( Temporary Rule ).
10 ? See 19 CFR 351.309(c)(2) and (d)(2).
11 ? See generally 19 CFR 351.303.
12 ? See 19 CFR 351.303(f).
13 ? See Temporary Rule.
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. 14 Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. 15 If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm the date and time of the hearing two days before the scheduled date. 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.
Footnotes:
14 ? See 19 CFR 351.310(c).
15 ? See 19 CFR 351.310.
Final Results of Review
[top] Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: July 5, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I-List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
Appendix II-List of Non-Selected Companies
Ae Engineers and Exporters
Armstrong International Pvt. Ltd.
Avini Metal Limited
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Pvt. Ltd.
BFN Forgings Private Limited
Broadway Overseas Ltd.
CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.).
CHW Forge Private
Dart Global Logistics Pvt.
Dongguan Good Luck Industrial Co., Ltd.
Dongguan Good Luck Furniture Industrial Co., Ltd.
Echjay Forgings Private Limited
Emerson Process Management
Expeditors International
Fivebros Forgings Pvt. Ltd.
Fluid Controls Pvt. Ltd.
G I Auto Private.
G. I. Auto Pvt. Ltd.
Hilton Metal Forging Limited
Jai Auto Pvt. Ltd.
Jay Jagdamba Ltd.
Jay Jagdamba Profile Private Limited
Jay Jagdamba Forgings Private Limited
Katariya Steel Distributors
Kisaan Die Tech Pvt. Ltd.
Pashupati lspat Pvt. Ltd.
Pashupati Tradex Pvt., Ltd.
Pradeep Metals Ltd.
Rajan Techno Cast.
Rajan Techno Cast Pvt. Ltd.
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Pvt. Ltd.
Safewater Lines (I) Pvt. Ltd.
Saini Flange Pvt. Ltd.
Saini Flanges Private.
Shree Jay Jagdamba Flanges Pvt. Ltd.
Transworld Enterprises
Viraj Profiles Ltd.
[FR Doc. 2022-14792 Filed 7-11-22; 8:45 am]
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