[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8157-8159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02391]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-840]


Forged Steel Fluid End Blocks From Italy: Preliminary Results and 
Rescission in Part of Antidumping Duty Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain producers/exporters subject to this administrative review 
made sales of subject merchandise at less than normal value (NV) during 
the period of review (POR) January 1, 2022, through December 31, 2022. 
We are rescinding this administrative review, in part, with respect to 
20 companies. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable February 6, 2024.

FOR FURTHER INFORMATION CONTACT: Allison Hollander or Claudia Cott, 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) 482-2805 or (202) 
482-4270, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 29, 2021, Commerce published in the Federal Register the 
antidumping duty order on forged steel fluid end blocks (fluid end 
blocks) from Italy.\1\ On March 14, 2023, Commerce published in the 
Federal Register the notice of initiation of the administrative review 
of the Order.\2\ On May 19, 2023, Commerce selected Lucchini 
Mam[eacute] Forge S.p.A.\3\ and Cogne Acciai Speciali S.p.A. for 
individual examination as mandatory respondents in this administrative 
review.\4\ On September 6, 2023, Commerce extended the time limit for 
these preliminary results to January 31, 2024.\5\ For a complete 
description of the events that occurred since the initiation of the 
administrative review, see the Preliminary Decision Memorandum.\6\
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    \1\ See Forged Steel Fluid End Blocks from the Federal Republic 
of Germany and Italy: Amended Final Antidumping Duty Determination 
for the Federal Republic of Germany and Antidumping Duty Orders, 86 
FR 7528 (January 29, 2021) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 15642 (March 14, 2023).
    \3\ We preliminarily find that Lucchini Mam[eacute] Forge S.p.A. 
(LMA) is affiliated with Lucchini Industries S.r.l. (LIND) and 
Lucchini RS S.p.A. (LRS) (LMA, LIND, and LRS are collectively 
referred to as Lucchini).
    \4\ See Memorandum, ``Respondent Selection,'' dated May 19, 
2023.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2022,'' dated 
September 6, 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Forged Steel Fluid End Blocks from Italy; 2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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    A list of the topics discussed in the Preliminary Decision 
Memorandum is attached as the Appendix I of 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

[[Page 8158]]

directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Order

    The merchandise subject to the Order are fluid end blocks from 
Italy. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no reviewable suspended entries. 
Based on our analysis of U.S. Customs and Border Protection (CBP) 
information, we preliminarily determine that 20 companies had no 
entries of subject merchandise during the POR. On January 9, 2024, we 
notified parties of our intent to rescind this administrative review 
with respect to the 20 companies that have no reviewable suspended 
entries.\7\ No parties commented on our intent to rescind the review, 
in part. Therefore, we are rescinding the administrative review for the 
20 companies listed in Appendix II of this notice.
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    \7\ See Memorandum, ``Intent to Rescind Review, in Part,'' dated 
January 9, 2024.
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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). We calculated 
export prices and NV in accordance with sections 772 and 773 of the 
Act, respectively. For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum.

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 
individual 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 an 
investigation of sales at less than fair value (LTFV), for guidance 
when calculating the weighted-average dumping margin 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{time} .'' We preliminarily calculated a dumping margin for 
Lucchini that is not zero, de minimis, or determined entirely on the 
basis of facts available. Accordingly, we preliminarily assigned a 
margin of 1.41 percent based on Lucchini's calculated weighted-average 
dumping margin to the sole non-selected respondent, Officine Meccaniche 
Roselli S.r.l.

Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the period January 1, 2022, 
through December 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Lucchini Mam[eacute] Forge S.p.A.; Lucchini Industries              1.41
 S.r.l.; Lucchini RS S.p.A..................................
Cogne Acciai Speciali S.p.A.................................        0.00
Officine Meccaniche Roselli S.r.l...........................        1.41
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice.\8\ Pursuant to 19 CFR 
351.309(c)(1)(ii), interested parties may submit case briefs to 
Commerce 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 five days after the date for filing case 
briefs.\9\ Interested parties who submit case briefs or rebuttal briefs 
in this administrative review must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\10\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(d)(1); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Final Service Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\11\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue.
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    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
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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. 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 case and rebuttal briefs.
    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS.\12\ An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\13\
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    \12\ See 19 CFR 351.303.
    \13\ See APO and Final Service Rule.
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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 issues raised in written briefs, no later than 120 days 
after the date of publication of this notice in the Federal Register, 
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon completion of the final results of this administrative review, 
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine 
and U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries of subject merchandise covered by 
this review.\14\
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    \14\ See 19 CFR 351.212(b)(1).
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    If an examined respondent's weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent) in the final results 
of this review, we intend to calculate an

[[Page 8159]]

importer-specific assessment rate for antidumping duties based on the 
ratio of the total amount of dumping calculated for each importer's 
examined sales and the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). For the companies identified 
above 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. If the respondent's weighted-average dumping margin or an 
importer-specific assessment rate is zero or de minimis in the final 
results of this review, we intend to instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    For entries of subject merchandise during the POR produced by 
either of the individually examined respondents for which they did not 
know that the merchandise was destined for the United States, we will 
instruct CBP to liquidate these entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\15\
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    \15\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess antidumping duties 
on all appropriate entries at a rate equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2022, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(l)(i). 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.
    The final results of this administrative 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.\16\
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    \16\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for previously investigated or 
reviewed companies not covered in this review, the cash deposit rate 
will continue to be the company-specific cash deposit rate published 
for the most recently completed segment of this proceeding in which the 
company participated; (3) if the exporter is not a firm covered in this 
review, a prior review, or the investigation of sales at LTFV, but the 
producer is, then the cash deposit rate will be the rate established 
for the most recently completed segment of this proceeding for the 
producer of the merchandise; and (4) the cash deposit rate for all 
other producers or exporters will continue to be 7.33 percent, the all-
others rate established in the LTFV investigation.\17\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \17\ See Order, 86 FR at 7530.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: January 31, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary, for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in Part
V. Rate for Non-Selected Respondent
VI. Affiliation and Collapsing
VII. Discussion of the Methodology
VIII. Recommendation

Appendix II

Companies Rescinded From This Administrative Review

1. Acciaierie Bertoli Safau S.p.A.
2. ASFO S.p.A.
3. Ellena S.p.A.
4. Fomas S.p.A.
5. Forge Monchieri S.p.A.
6. Forgiatura Morandini S.r.l.
7. Forgital Italy S.p.A.
8. Galperti Group
9. IMER International S.p.A.
10. I.M.E.S. S.p.A.
11. Industria Meccanica e Stampaggio S.p.A.
12. Mimest S.p.A.
13. Ofar S.p.A.
14. Officine Galperti S.p.A.
15. P. Technologies S.r.l.
16. Poclain Hydraulics Indistriale S.r.l.
17. Poppi Ugo Euroforge S.p.A.
18. Riganti S.p.A.
19. Ringmill S.p.A.
20. Siderforgerossi Group S.p.A.

[FR Doc. 2024-02391 Filed 2-5-24; 8:45 am]
BILLING CODE 3510-DS-P