[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80003-80005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27332]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-893]


Forged Steel Fluid End Blocks From India: Final Negative 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of forged steel fluid end blocks (fluid end blocks) from India are not 
being, or are not likely to be, sold in the United States at less than 
fair value (LTFV) for the period of investigation (POI) October 1, 2018 
through September 30, 2019.

DATES: Applicable December 11, 2020.

FOR FURTHER INFORMATION CONTACT: Michael Romani or Jacob Keller, 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) 482-0198 or (202) 482-4849, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 23, 2020, Commerce published in the Federal Register its 
preliminary negative determination in the LTFV investigation of fluid 
end blocks from India, in which it also postponed the final 
determination until December 7, 2020.\1\ Commerce invited interested 
parties to comment on the Preliminary Determination. A summary of the 
events that occurred since Commerce published the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for this final determination, may be found in the Issues and 
Decision Memorandum.\2\
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    \1\ See Forged Steel Fluid End Blocks from India: Preliminary 
Negative Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 85 FR 44517 (July 23, 2020) 
(Preliminary Determination), and accompanying memorandum, ``Decision 
Memorandum for the Preliminary Negative Determination in the Less-
Than-Fair-Value Investigation of Forged Steel Fluid End Blocks from 
India,'' dated July 16, 2020 (Preliminary Decision Memorandum).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Negative Determination in the Less-Than-Fair-Value 
Investigation of Forged Steel Fluid End Blocks from India,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are fluid end blocks 
from India. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from interested parties. Commerce issued a Preliminary Scope 
Decision Memorandum to address these comments.\3\ We received comments 
from interested parties on the Preliminary Scope Decision Memorandum, 
which we address in the Final Scope Decision Memorandum, dated 
concurrently with, and hereby adopted by, this final determination.\4\ 
Commerce is not modifying the scope language as it appeared in the 
Preliminary Determination. See Appendix I for the final scope of the 
investigation.
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    \3\ See Memorandum, '' Forged Steel Fluid End Blocks from the 
Federal Republic of Germany, India, Italy, and the People's Republic 
of China: Scope Comments Decision Memorandum for the Preliminary 
Determinations,'' dated May 18, 2020 (Preliminary Scope Decision 
Memorandum).
    \4\ See Memorandum, ``Forged Steel Fluid End Blocks from the 
Federal Republic of Germany, India, Italy, and the People's Republic 
of China: Scope Comments Decision Memorandum for the Final 
Determinations,'' dated December 7, 2020 (Final Scope Decision 
Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice at Appendix II. 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

[[Page 80004]]

directly at http://enforcement.trade.gov/frn/.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation pursuant to section 782(i) of the Tariff Act of 1930, as 
amended (the Act). Accordingly, we took additional steps in lieu of an 
on-site verification and requested additional documentation and 
information.\5\
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    \5\ See Commerce's Letter with attached questionnaire in lieu of 
verification, dated September 2, 2020; see also Bharat Forge 
Limited's Letter, ``Forged Steel Fluid End Blocks from India: 
Submission of Bharat Forge Limited's Post-Preliminary Response,'' 
dated September 14, 2020.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and examination of 
the record, we made certain changes to the margin calculations for 
Bharat Forge Limited. For a discussion of these changes, see the 
``Changes from the Preliminary Determination'' section of the Issues 
and Decision Memorandum. Consistent with section 776(a) and (b) of the 
Act, Commerce relied on partial adverse facts available in making our 
final determination.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:
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    \6\ See Memorandum, ``Forged Steel Fluid End Blocks from India--
Final Determination Analysis Memorandum for Bharat Forge Limited,'' 
dated December 7, 2020.

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                                                              Estimated
                                                              weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
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Bharat Forge Limited.......................................    \6\ 0.00
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    Commerce preliminarily determined that Ultra Engineers (Ultra), the 
only other known producer or exporter of subject merchandise identified 
in the Initiation Notice,\7\ had no sales of in-scope merchandise to 
the United States during the POI. Therefore, we did not calculate an 
estimated weighted-average dumping margin for Ultra in the Preliminary 
Determination.\8\ No party commented on the Preliminary Determination 
with respect to Ultra. Accordingly, for the final Determination, we 
continue to find that Ultra had no sales of in-scope merchandise to the 
United States during the POI.
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    \7\ See Initiation Notice, 85 FR at 2395.
    \8\ See Preliminary Decision Memorandum at 5-6.
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    Consistent with section 733(d) of the Act, Commerce has not 
calculated an estimated weighted-average dumping margin for all other 
producers and exporters because it has not made a final affirmative 
determination of sales at LTFV.

Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Suspension of Liquidation

    Because Commerce has made a final negative determination of sales 
at LTFV with regard to subject merchandise, Commerce will not direct 
U.S. Customs and Border Protection to suspend liquidation or to require 
a cash deposit of estimated antidumping duties for entries of fluid end 
blocks from India.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission of our final negative 
determination.

Notification Regarding Administrative Protective Orders

    This notice will serve as a final reminder to the parties subject 
to administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 
351.210(c).

    Dated: December 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are forged steel 
fluid end blocks (fluid end blocks), whether in finished or 
unfinished form, and which are typically used in the manufacture or 
service of hydraulic pumps.
    The term ``forged'' is an industry term used to describe the 
grain texture of steel resulting from the application of localized 
compressive force. Illustrative forging standards include, but are 
not limited to, American Society for Testing and Materials (ASTM) 
specifications A668 and A788.
    For purposes of this investigation, the term ``steel'' denotes 
metal containing the following chemical elements, by weight: (i) 
Iron greater than or equal to 60 percent; (ii) nickel less than or 
equal to 8.5 percent; (iii) copper less than or equal to 6 percent; 
(iv) chromium greater than or equal to 0.4 percent, but less than or 
equal to 20 percent; and (v) molybdenum greater than or equal to 
0.15 percent, but less than or equal to 3 percent. Illustrative 
steel standards include, but are not limited to, American Iron and 
Steel Institute (AISI) or Society of Automotive Engineers (SAE) 
grades 4130, 4135, 4140, 4320, 4330, 4340, 8630, 15-5, 17-4, F6NM, 
F22, F60, and XM25, as well as modified varieties of these grades.
    The products covered by this investigation are: (1) Cut-to-
length fluid end blocks with an actual height (measured from its 
highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0 mm), an 
actual width (measured from its widest point) of 8 inches (203.2 mm) 
to 40 inches (1,016.0 mm), and an actual length (measured from its 
longest point) of 11 inches (279.4 mm) to 75 inches (1,905.0 mm); 
and (2) strings of fluid end blocks with an actual height (measured 
from its highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0 
mm), an actual width (measured from its widest point) of 8 inches 
(203.2 mm) to 40 inches (1,016.0 mm), and an actual length (measured 
from its longest point) up to 360 inches (9,144.0 mm).
    The products included in the scope of this investigation have a 
tensile strength of at least 70 KSI (measured in accordance with 
ASTM A370) and a hardness of at least 140 HBW (measured in 
accordance with ASTM E10).
    A fluid end block may be imported in finished condition (i.e., 
ready for incorporation into a pump fluid end assembly without 
further finishing operations) or unfinished condition (i.e., forged 
but still requiring one or more finishing operations before it is 
ready for incorporation into a pump fluid end assembly). Such 
finishing operations may include: (1) Heat treating; (2) milling one 
or more flat surfaces; (3) contour machining to custom shapes or 
dimensions; (4) drilling or boring holes; (5) threading holes; and/
or (6) painting, varnishing, or coating.
    Excluded from the scope of this investigation are fluid end 
block assemblies which (1) include (a) plungers and related 
housings, adapters, gaskets, seals, and packing nuts, (b) valves and 
related seats, springs, seals, and cover nuts, and (c) a discharge 
flange and related seals, and (2) are otherwise ready to be mated 
with the ``power end'' of a hydraulic pump without the need for 
installation of any plunger, valve, or discharge flange components, 
or any other further manufacturing operations.
    The products included in the scope of this investigation may 
enter under Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7218.91.0030, 7218.99.0030, 7224.90.0015, 7224.90.0045, 
7326.19.0010,

[[Page 80005]]

7326.90.8688, or 8413.91.9055. While these HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of the investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes From the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Application of Adverse Facts Available
    Comment 2: Direct Material Costs
    Comment 3: Constructed Value Profit
    Comment 4: Major Input Adjustment and the Appropriate Level of 
Aggregation
V. Recommendation

[FR Doc. 2020-27332 Filed 12-10-20; 8:45 am]
BILLING CODE 3510-DS-P