[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Page 69121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22134]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-810]


Stainless Steel Bar From India: Initiation of Antidumping Duty 
New Shipper Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) has determined that 
a request for a new shipper review (NSR) of the antidumping duty order 
on stainless steel bars from India meets the statutory and regulatory 
requirements for initiation. The period of review (POR) for the NSR is 
February 1, 2023, through July 31, 2023.

DATES: Applicable October 5, 2023.

FOR FURTHER INFORMATION CONTACT: Joshua Weiner, 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) 482-3902.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the antidumping duty order on stainless steel 
bars from India on February 21, 1995.\1\ On August 31, 2023, pursuant 
to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.214(c), Commerce received a timely NSR request 
from Welspun Specialty Solutions Ltd. (Welspun).\2\
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    \1\ See Antidumping Duty Orders: Stainless Steel Bar from 
Brazil, India and Japan, 60 FR 9661 (February 21, 1995) (Order).
    \2\ See Welspun's Letter, ``Request for New Shipper Review,'' 
dated August 31, 2023 (NSR Request).
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    In its submission, Welspun certified that it is the producer and 
exporter of the subject merchandise subject to this request for an 
NSR.\3\ Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Welspun certified that it did not export stainless 
steel bars to the United States during the period of investigation 
(POI).\4\ Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), Welspun certified that, since the 
initiation of the investigation, it has not been affiliated with any 
producer or exporter that exported stainless steel bars to the United 
States during the POI, including those not individually examined during 
the investigation.\5\
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    \3\ See NSR Request at Exhibit NSR-1.
    \4\ Id.
    \5\ Id.
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    In its submission, pursuant to 19 CFR 351.214(b)(2)(iv), Welspun 
certified that it would provide necessary information related to the 
unaffiliated customer in the United States during the NSR. Welspun also 
provided a certification by its unaffiliated customer of its 
willingness to participate in the NSR.\6\
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    \6\ Id. at Exhibit NSR-2
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(v), Welspun submitted documentation establishing the 
following: (1) the date on which the subject merchandise was first 
entered, or withdrawn from warehouse, for consumption; (2) the volume 
of its first shipment and any subsequent shipments, including whether 
such shipments were made in commercial quantities; and (3) the date of 
its first sale and any subsequent sales to an unaffiliated customer in 
the United States.\7\
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    \7\ See NSR Request at Exhibits C and D; see also Welspun's 
Letter, ``Response to Supplemental Questionnaire,'' dated September 
29, 2023.
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    As explained in the Initiation Checklist,\8\ Commerce conducted a 
query of U.S. Customs and Border Protection (CBP) data which confirmed 
that subject merchandise entered the United States for consumption and 
that liquidation of such entries had been properly suspended for 
antidumping duties.\9\ The CBP data examined by Commerce is consistent 
with information provided by Welspun in its NSR Request. In particular, 
the CBP data confirm the price and quantity reported by Welspun for the 
Type 3 sales that form the basis of its NSR Request.
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    \8\ See Memorandum, ``New Shipper Initiation Checklist,'' dated 
concurrently with this notice (Initiation Checklist).
    \9\ See Memorandum, ``Placement of Welspun CBP Data Query 
Results on the Record'' dated concurrently with this notice (CBP 
Release Memo).
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Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for an NSR 
initiated in the month immediately following the semiannual anniversary 
month will be the six-month period immediately preceding the semiannual 
anniversary month. Therefore, the POR for this NSR is February 1, 2023, 
through July 31, 2023.

Initiation of NSR

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and based on the information on the record, we find that Welspun's NSR 
request meets the threshold requirements for initiation of an NSR of 
its shipments of stainless steel bars to the United States.\10\ 
However, if the information supplied by Welspun is later found to be 
incorrect or insufficient during the course of this NSR, Commerce may 
rescind the review or apply adverse facts available, pursuant to 
section 776 of the Act, as appropriate. Pursuant to 19 CFR 
351.221(c)(1)(i), Commerce will publish the notice of initiation of an 
NSR no later than the last day of the month following the anniversary 
or semiannual anniversary month of the Order. Commerce intends to issue 
the preliminary results of this review no later than 180 days from the 
date of initiation, and the final results of this review no later than 
90 days after the date the preliminary results are issued.\11\
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    \10\ See, generally, NSR Request.
    \11\ See section 751(a)(2)(B)(iii) of the Act.
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    We intend to conduct this NSR in accordance with section 
751(a)(2)(B) of the Act.\12\
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    \12\ The Act was amended by the Trade Facilitation and Trade 
Enforcement Act of 2015, which removed from section 751(a)(2)(B) of 
the Act the provision directing Commerce to instruct CBP to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of an NSR. This was also codified in 
Commerce's regulations at 19 CFR 351.214(e).
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    Because Welspun certified that it exported subject merchandise, the 
sale of which is the basis for its NSR request, Commerce will instruct 
CBP to suspend or continue to suspend liquidation of all entries of 
subject merchandise produced and exported by Welspun. To assist in its 
analysis of the bona fide nature of Welspun's sale(s), upon initiation 
of this NSR, Commerce will require Welspun to submit, on an ongoing 
basis, complete transaction information concerning any sales of subject 
merchandise to the United States that were made subsequent to the POR.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306.
    This initiation notice is published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: September 29, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-22134 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P