[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8145-8147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02392]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-841]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that countervailable subsidies were provided to producers and exporters 
of forged steel fluid end blocks (fluid end blocks) from Italy, during 
the period of review (POR) January 1, 2022 through, December 31, 2022. 
In addition, Commerce is rescinding this review, in part, with respect 
to 19 companies. Interested parties are invited to comment on these 
preliminary results.

DATES: February 6, 2024.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski 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) 482-1395 or (202) 
482-4270, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 29, 2021, Commerce published in the Federal Register the 
countervailing duty order on fluid end blocks from Italy.\1\ On January 
3, 2023, Commerce published in the Federal Register the notice of 
initiation of an administrative review of the Order.\2\ On June 23, 
2023, Commerce selected Lucchini Mame Forge S.p.A. (Lucchini), and 
Metalcam S.p.A. (Metalcam) for individual examination as the mandatory 
respondents in this review.\3\ On September 12, 2023, Commerce extended 
the deadline for the preliminary results of this review until January 
31, 2024.\4\
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    \1\ See Forged Steel Fluid End Blocks from the People's Republic 
of China, the Federal Republic of Germany, India, and Italy: 
Countervailing Duty Orders, and Amended Final Affirmative 
Countervailing Duty Determination for the People's Republic of 
China, 86 FR 7535 (January 29, 2021) (Order); see also Forged Steel 
Fluid End Blocks from the People's Republic of China, the Federal 
Republic of Germany, India, and Italy: Correction to Countervailing 
Duty Orders, 86 FR 10244 (February 19, 2021).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 15642, (March 14, 2023).
    \3\ See Memorandum, ``Respondent Selection,'' dated June 23, 
2023.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review; 2022,'' dated 
September 12, 2023.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\5\ A list of topics discussed in the Preliminary Decision 
Memorandum is included in 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 directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing 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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Scope of the Order

    The merchandise subject to the Order is 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 19 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, 
in part, with respect to the 19 companies that have no reviewable

[[Page 8146]]

suspended entries.\6\ No parties commented on our intent to rescind the 
review, in part. Therefore, we are rescinding the administrative 
review, in part, with respect to these 19 companies listed in Appendix 
II of this notice.
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    \6\ See Memorandum, ``Intent to Rescind Review, in Part,'' dated 
January 16, 2024.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1) of the Tariff Act of 1930, as amended (the Act). For each of 
the subsidy programs found to be countervailable, Commerce 
preliminarily determines that there is a subsidy, i.e. , a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\7\ For a full description 
of the methodology underlying our conclusions, including our reliance, 
in part, on facts otherwise available pursuant to sections 776(a) and 
(b) of the Act, see the Preliminary Decision Memorandum.
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    \7\ 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.
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Rate For Non-Selected Companies Under Review

    There are two companies, Officine Meccaniche Roselli S.r.l. 
(Roselli) and Cogne Acciai Speciali S.p.A. (Cogne) for which a review 
was requested, which had reviewable entries, and which were not 
selected as mandatory respondents or found to be cross-owned with a 
mandatory respondent. For these companies, because the rates calculated 
for the mandatory respondents, Lucchini and Metalcam, were above de 
minimis and not based entirely on facts available, and because neither 
mandatory respondent provided publicly ranged sales data, we are 
applying to the non-selected companies a rate using the simple average 
of the individual subsidy rates calculated for Lucchini and Metalcam. 
This methodology is consistent with our practice for establishing an 
all-others rate pursuant to section 705(c)(5)(A) of the Act.\8\
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    \8\ See Memorandum, ``Calculation of Non-Selected Companies 
Rate,'' dated concurrently with, and hereby adopted by, this notice; 
see also Preliminary Decision Memorandum.
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Preliminary Results of Review

    Commerce preliminary determines that the following net 
countervailable subsidy rates exist for the period January 1, 2022, 
through December 31, 2022:
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    \9\ Commerce preliminary finds the following companies to be 
cross-owned with Lucchini: Lucchini RS S.p.A.; Lucchini Industries 
Srl; and Bicomet S.p.A.
    \10\ Commerce has found the following companies to be cross-
owned with Metalcam: Adamello Meccanica S.r.l.; and B.S. S.r.l.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Lucchini Mame Forge S.p.A.\9\...........................            5.87
Metalcam S.p.A.\10\.....................................            3.41
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   Review-Specific Average Rate Applicable to the Following Companies:
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Officine Meccaniche Roselli S.r.l.......................            4.64
Cogne Acciai Speciali S.p.A.............................            4.64
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Disclosure and Public Comment

    We intend to disclose our calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice.\11\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit case briefs to Commerce no later than 30 
days after the date of publication of these preliminary results of 
review.\12\ 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.\13\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\14\
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See 19 CFR 351.309(d); 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).
    \14\ 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.\15\ 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. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\16\
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    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ See APO and Final Service Rule.
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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 the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

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

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.221(b)(4)(i), we preliminarily determined subsidy rates in the 
amounts shown above for the producer/exporters shown above. Upon 
issuance of the final results of the administrative review, consistent 
with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce 
shall determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review.
    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess countervailing 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated countervailing 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). For the companies remaining in the review, we intend 
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.

[[Page 8147]]

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

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends upon publication of the final results, to instruct CBP to 
collect cash deposits of the estimated countervailing duties in the 
amounts calculated in the final results of this review for the 
respective companies listed above with regard to 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. If 
the rate calculated in the final results is zero or de minimis, no cash 
deposit will be required on shipments of the 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, CBP will continue to collect cash 
deposits of estimated countervailing duties at the all-others rate or 
the most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Interested Parties

    These preliminary results of review are issued and published 
pursuant to sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213 and 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 the Order
IV. Rescission of Administrative Review, in Part
V. Non-Selected Companies Under Review
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. 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. Industria Meccanica e Stampaggio S.p.A.
11. Mimest S.p.A.
12. Ofar S.p.A.
13. Officine Galperti S.p.A.
14. P. Technologies S.r.l.
15. Poclain Hydraulics Indistriale S.r.l.
16. Poppi Ugo Euroforge S.p.A.
17. Riganti S.p.A.
18. Ringmill S.p.A.
19. Siderforgerossi Group S.p.A.

 [FR Doc. 2024-02392 Filed 2-5-24; 8:45 am]
 BILLING CODE 3510-DS-P