[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Notices]
[Pages 11235-11237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03780]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-810]


Stainless Steel Bar From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2019-2020

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


[[Page 11236]]


SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the sole mandatory respondent subject to this review made sales of 
stainless steel bar (SS Bar) from India below normal value during the 
period of review (POR) February 1, 2019, through January 31, 2020. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable February 24, 2021.

FOR FURTHER INFORMATION CONTACT: William Langley, 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) 482-3861.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty (AD) order of SS Bar from India. The notice of initiation was 
published on April 8, 2020.\1\ This review covers Precision Metals, and 
its affiliated companies including Hindustan Inox, Precision Metals and 
Sieves Manufacturers (India) Pvt. Ltd. (collectively, the Venus Group), 
and Ambica Steels Limited (Ambica), producers and exporters of the 
subject merchandise. On June 2, 2019, Commerce selected the Venus Group 
as the sole mandatory respondent for this review.\2\ On April 24, 2020, 
Commerce uniformly tolled deadlines for all AD and countervailing duty 
(CVD) administrative reviews by 50 days \3\ and, on July 21, 2020, we 
uniformly tolled deadlines for all AD and CVD administrative reviews by 
an additional 60 days, thereby extending the deadline for these 
preliminary results until February 18, 2021.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 19730 (April 8, 2020).
    \2\ See Memorandum, ``Antidumping Duty Administrative Review 
Stainless Steel Bar from India 2019-2020; Respondent Selection'' 
dated June 2, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order

    The product covered by this review is SS bar from India. For a 
complete description of the scope, see the Preliminary Decision 
Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Stainless Steel 
Bar from India,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Pursuant to 
sections 776(a) and (b) of the Act, Commerce has preliminarily relied 
upon facts otherwise available with adverse inferences (AFA) for the 
Venus Group, because this respondent withheld information requested by 
Commerce and failed to provide such information by the deadlines set by 
Commerce.
    For a full description of the methodology and analysis underlying 
the preliminary application of AFA, see the Preliminary Decision 
Memorandum. A list of topics included in the Preliminary Decision 
Memorandum is included as an appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public 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 http://enforcement.trade.gov/frn/. The signed and 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Rate for Non-Selected Company

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albermarle,\6\ we are applying a rate based on 
the rate calculated for Ambica in the 2018-2019 administrative review 
(i.e., 0.00) to the only company not selected for individual 
examination, Ambica. In this review, we find this rate is reasonably 
reflective of Ambica's potential dumping margin, and thus, it is 
appropriate to apply this rate to the non-selected company, Ambica, 
under section 735(c)(5)(B) of the Act. For a detailed discussion, see 
the Preliminary Decision Memorandum.
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    \6\ See Albemarle Corp. v. United States, 821 F. 3d 1345 (Fed. 
Cir. 2016).
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Preliminary Results of Review

    As a result of our review, we preliminarily determine the following 
weighted-average dumping margin for the period Febuary 1, 2019, through 
January 31, 2020:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Precision Metals, and its affiliated companies including           30.92
 Hindustan Inox, Precision Metals and Sieves Manufacturers
 (India) Pvt. Ltd...........................................
Ambica Steels Limited.......................................        0.00
------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\7\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\8\ If the preliminary results are unchanged 
for the final results, we will instruct CBP to apply an ad valorem 
assessment rate of 30.92 percent to all entries of subject merchandise 
during the POR from the Venus Group and Ambica.
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    \7\ See 19 CFR 351.212(b).
    \8\ See section 751(a)(2)(C) of the Act.
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    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 SS Bar from India entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review in the Federal Register, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less-than-

[[Page 11237]]

fair-value (LTFV) investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 12.45, the 
all-others rate established in the LTFV investigation.\9\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Bar from India, 59 FR 66915, 66921 (December 
28, 1994).
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Disclosure and Public Comment

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results within five days 
of the date of publication of the notice of preliminary results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, there 
are no calculations to disclose here because, in accordance with 
section 776 of the Act, Commerce preliminarily applied AFA to the Venus 
Group, the only mandatory respondent selected in this review.
    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.\10\ Parties who submit case 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.\11\ Case and rebuttal briefs should be filed using 
ACCESS.\12\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\13\
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    \10\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See generally 19 CFR 351.303.
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    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 via ACCESS by 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice. 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 
and rebuttal briefs.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. 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

    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act, and 19 CFR 351.213 and 19 CFR 351.221(b)(4).

    Dated: February 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Adverse Inferences
V. Recommendation

[FR Doc. 2021-03780 Filed 2-23-21; 8:45 am]
BILLING CODE 3510-DS-P