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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91337-91340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26887]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-877]

Stainless Steel Flanges From India: Preliminary Results and 
Rescission, in Part, of Antidumping Duty Administrative Review; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that producers and/or exporters of stainless steel flanges (flanges) 
from India made sales of subject merchandise in the United States at 
prices below normal value (NV) during the period of review (POR) 
October 1, 2022, through September 30, 2023. In addition, we are 
rescinding this review for three companies. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable November 19, 2024.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Eric Chen, AD/
CVD Operations, Office IX, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4725 or (202) 482-2860, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 9, 2018, Commerce published in the Federal Register an 
antidumping duty order on flanges from India.\1\ On December 6, 2023, 
based on timely requests for review, Commerce initiated an 
administrative review (AD) of the Order covering 16 companies, in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the

[[Page 91338]]

Act).\2\ On June 7, 2024, we extended the deadline for the preliminary 
results of this administrative review.\3\ On July 22, 2024, Commerce 
tolled certain deadlines in this administrative proceeding by seven 
days.\4\ The deadline for the preliminary results is now November 6, 
2024.
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    \1\ See Stainless Steel Flanges from India: Antidumping Duty 
Order, 83 FR 50639 (October 9, 2018) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 84784 (December 6, 2023) (Initiation 
Notice), corrected by Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 89 FR 8641 (February 8, 2024).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated 
June 7, 2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For details regarding the events that occurred subsequent to the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included in as appendix I to 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 Antidumping Duty Administrative Review of Stainless 
Steel Flanges from India; 2022-2023,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is stainless steel flanges 
from India. For a full description of the scope, see the Preliminary 
Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no entries of subject merchandise 
during the POR for which liquidation is suspended.\6\ Normally, upon 
completion of an administrative review, the suspended entries are 
liquidated at the AD assessment rate calculated for the review 
period.\7\ Therefore, for an administrative review of a company to be 
conducted, there must be a suspended entry that Commerce can instruct 
U.S. Customs and Border Protection (CBP) to liquidate at the AD 
assessment rate calculated for the POR.\8\
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    \6\ See, e.g., Large Diameter Welded Pipe from Greece: 
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89 
FR 4274 (January 23, 2024).
    \7\ See 19 CFR 351.212(b)(2).
    \8\ See 19 CFR 351.213(d)(3).
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    On December 21, 2023, we notified parties of our intent to rescind 
this administrative review, in part, with respect to: (1) Hilton Metal 
Forging Limited (Hilton); (2) Jay Jagdamba Profile Private Limited (Jay 
Profile); and (3) Shree Jay Jagdamba Flanges Private Limited (Shree 
Jay), because there were no suspended entries of subject merchandise 
produced or exported by these companies during the POR, and we invited 
interested parties to comment.\9\ No parties commented on our intent to 
rescind the review, in part. Therefore, in the absence of any suspended 
entries of subject merchandise from Hilton, Jay Profile, and Shree Jay 
during the POR, we are rescinding the administrative review for these 
companies, in accordance with 19 CFR 351.213(d)(3) and (d)(4).
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    \9\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated December 21, 2023.
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Review-Specific Rate for Companies Not Selected for Individual Review

    The Act and Commerce's regulations do not address the 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 a less-than-fair value (LTFV) investigation for 
guidance when calculating the rate 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. In this review, 
Commerce calculated estimated weighted-average dumping margins for: (1) 
Chandan Steel Limited (Chandan) and (2) BFN Forgings Private Limited; 
Viraj Impoexpo, Ltd.; Fanschen werk Bebitz GmbH; Viraj Alloys, Ltd.; 
Viraj Forgings, Ltd.; and Viraj Profiles Limited (collectively, BFN/
Viraj),\10\ that are not zero, de minimis, or based entirely on facts 
otherwise available. Therefore, Commerce calculated the review-specific 
rate using a weighted average of the estimated weighted-average dumping 
margins calculated for the examined respondents using each company's 
publicly-ranged values for the merchandise under consideration.\11\ The 
companies not selected for individual examination are listed in 
appendix II.
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    \10\ Commerce previously found BFN Forgings Private Limited to 
be collapsed with the companies listed above. See, e.g., Stainless 
Steel Flanges from India: Final Affirmative Determination of Sales 
at Less Than Fair Value and Final Affirmative Critical Circumstance 
Determination, 83 FR 40745 (August 16, 2018).
    \11\ See Memorandum, ``Calculation of the Non-Selected Company 
Rate for the Preliminary Results,'' dated concurrently with this 
notice; see also, e.g., Xanthan Gum from the People's Republic of 
China: Preliminary Results of the Antidumping Duty Administrative 
Review, and Partial Rescission; 2018-2019, 85 FR 75686, 74687 
(November 23, 2020), unchanged in Xanthan Gum from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2018-2019, 86 FR 16189 (March 26, 2021); Emulsion Styrene-
Butadiene Rubber from the Republic of Korea: Preliminary Results of 
the Administrative Review of the Antidumping Duty Order; 2018-2019, 
85 FR 39534 (July 1, 2020), unchanged in Emulsion Styrene-Butadiene 
Rubber from the Republic of Korea: Final Results of the 
Administrative Review of the Antidumping Duty Order; 2018-2019, 85 
FR 67512 (October 23, 2020); and Albemarle Corp. v. United States, 
821 F. 3d 1345 (Fed. Cir. 2016).
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1) and (2) of the Act. We calculated constructed export price in 
accordance with section 772 of the Act. We calculated NV in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    We preliminarily determine the following estimated weighted-average 
dumping margins exist for the period October 1, 2022, through September 
30, 2023:

[[Page 91339]]

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Chandan Steel Limited...................................            0.62
BFN Forgings Private Limited; Fanschen werk Bebitz GmbH;            2.25
 Viraj Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj
 Impoexpo, Ltd.; and Viraj Profiles Limited.............
Companies Not Selected for Individual Review \12\.......            1.27
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Disclosure and Public Comment
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    \12\ The exporters and/or producers not selected for individual 
review are listed in appendix II.
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    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\13\ Rebuttal briefs, 
limited to issues raised in case briefs, may be filed no later than 
five days after the date for filing case briefs.\14\ 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.\15\ All briefs must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety in ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ 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 Service Final Rule).
    \15\ 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.\16\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, no including citations. We 
intend to use the public 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 public 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).\17\
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    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain: 
(1) party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\18\
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    \18\ See 19 CFR 351.310(d).
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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 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).

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.
    Pursuant to 19 CFR 351.212(b)(1), because the individually-examined 
respondents reported the entered value for their U.S. sales, we will 
calculate importer-specific ad valorem antidumping duty assessment 
rates based on the ratio of the total amount of antidumping duties 
calculated for the examined sales to the total entered value of those 
same sales. If either respondent's weighted-average dumping margin is 
zero or de minimis within the meaning of 19 CFR 351.106(c), or an 
importer-specific rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent where the company did not know that the merchandise was 
destined for the United States, we will instruct CBP to liquidate those 
entries at the all-others rate established in the LTFV investigation 
(i.e., 7.00 percent) \19\ if there is no rate for the intermediate 
company(ies) involved in the transaction.\20\
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    \19\ See Stainless Steel Flanges from India: Notice of Court 
Decision Not in Harmony with the Final Determination of Antidumping 
Investigation; Notice of Amended Final Determination, 86 FR 50325 
(September 8, 2021) (Amended Final).
    \20\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the companies listed in appendix II which were not selected for 
individual review, we will assign an assessment rate based on the 
review-specific average rate, calculated as noted in the ``Preliminary 
Results of Review'' section, above. The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by this review and for future deposits of 
estimated duties, where applicable.\21\
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    \21\ See section 751(a)(2)(C) of the Act.
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    For the companies for which we are rescinding the review, we will 
instruct CBP to assess antidumping duties on all appropriate entries at 
rates equal to the cash deposit of estimated antidumping duties 
required at the time of entry, or withdrawal from warehouse, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
these rescission instructions to CBP no earlier than 35 days after the 
date of publication of this notice in the Federal Register.
    Commerce intends to issue assessment instructions to CBP regarding 
Chandan, BFN/Viraj, and the companies listed in appendix II no earlier 
than 35 days after the date of

[[Page 91340]]

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 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 
under review will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
de minimis (i.e., less than 0.50 percent), in which case the cash 
deposit rate will be zero; (2) for previously reviewed or investigated 
companies not covered by this review, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently-completed segment of this proceeding in which they were 
examined; (3) if the exporter is not a firm covered in this review, a 
prior review, or the LTFV investigation, but the producer is, 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 7.00 percent,\22\ the all-others rate 
established in the Amended Final. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \22\ See Amended Final, 86 FR at 50326.
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Notification to Importers

    This notice also 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 review period. 
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 the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: November 6, 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. Discussion of the Methodology
V. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Balkrishna Steel Forge Pvt. Ltd.
2. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.)
3. Echjay Forgings Private Limited
4. Fivebros Forgings Private Limited
5. Goodluck India Limited; Goodluck Engineering Co.
6. Jai Auto Pvt. Ltd
7. Jay Jagdamba Limited
8. Jay Jagdamba Forgings Private Limited
9. Kisaan Die Tech Private Limited
10. Pradeep Metals Limited
11. R.N. Gupta & Company Limited

[FR Doc. 2024-26887 Filed 11-18-24; 8:45 am]
BILLING CODE 3510-DS-P
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