[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Pages 13701-13704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05071]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-871]


Finished Carbon Steel Flanges From India: Final Results of 
Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers and/or exporters subject to this administrative review did 
not make sales of finished carbon steel flanges from India at prices 
below normal value during the period of review (POR), August 1, 2019, 
through July 31, 2020.

DATES: Applicable March 10, 2022.

[[Page 13702]]


FOR FURTHER INFORMATION CONTACT: Fred Baker or Preston Cox, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-5041, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2021, Commerce published the Preliminary Results of 
this administrative review and invited interested parties to 
comment.\1\ This administrative review covers 41 producers and/or 
exporters of the subject merchandise. Commerce selected R.N. Gupta & 
Co. Ltd. (RNG) and the Norma Group \2\ for individual examination. The 
producers/exporters not selected for individual examination are listed 
in the ``Final Results of the Review'' section of this notice.\3\
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    \1\ See Finished Carbon Steel Flanges from India: Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR 
50048 (September 7, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ In prior segments of this proceeding, Commerce determined 
that Norma (India) Limited, USK Exports Private Limited, Uma Shanker 
Khandelwal & Co., and Bansidhar Chiranjilal should be collapsed and 
treated as a single entity (Norma Group). See Finished Carbon Steel 
Flanges from India: Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination, 82 FR 9719 
(February 8, 2017), and accompanying PDM at 4-5, unchanged in 
Finished Carbon Steel Flanges from India: Final Determination of 
Sales at Less Than Fair Value, 82 FR 29483 (June 29, 2017); see also 
Finished Carbon Steel Flanges from India: Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018, 84 FR 57848, 
57849 (October 29, 2019), unchanged in Finished Carbon Steel Flanges 
from India: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 85 FR 21391 (April 17, 2020); Finished Carbon Steel 
Flanges from India: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2018-2019, 85 FR 83051, 83052 (December 21, 2020), unchanged in 
Finished Carbon Steel Flanges from India: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2018-2019, 86 FR 33226 (June 24, 2021). In this 
administrative review, Norma Group has presented evidence that the 
factual basis on which Commerce made its prior determination has not 
changed. See Norma Group's Letter, ``Finished Carbon Steel Flanges 
from India: Response to Section A-D of Antidumping Duty Supplemental 
Questionnaire,'' dated August 11, 2021, at S1-2 through S1-8. 
Therefore, in this administrative review, Commerce continues to 
collapse these four entities and treat them as a single entity.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 63081 (October 6, 2020).
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    On October 7, 2021, the Norma Group and RNG submitted case 
briefs.\4\ On October 14, 2021, Weldbend Corporation and Boltex 
Manufacturing Co., L.P. (collectively, the petitioners), submitted a 
rebuttal brief with respect to Norma Group.\5\ On February 24, 2022, we 
rejected Norma Group's case brief because it contained untimely filed 
new factual information.\6\ Norma Group filed a redacted version of its 
case brief on February 28, 2022.\7\ No other party submitted case or 
rebuttal briefs. For a description of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\8\ On 
December 9, 2021, we extended the deadline for the final results by 58 
days, until March 4, 2022.\9\
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    \4\ See Norma Group's Letter, ``Finished Carbon Steel Flanges 
from India: Case Brief of Norma India Limited, USK Exports Private 
Limited, Umashanker Khandelwal & Co and Bansidhar Chiranjilal, 
together constituting Norma Group,'' dated October 7, 2021; see also 
RNG's Letter, ``Finished Carbon Steel Flanges from India: Case Brief 
of R.N. Gupta & Company Limited,'' dated October 7, 2021.
    \5\ See Petitioners' Letter, ``Finished Carbon Steel Flanges 
from India: Petitioners' Rebuttal Brief,'' dated October 14, 2021.
    \6\ See Commerce's Letter, ``Rejection of Case Brief Previously 
Filed and Request for Resubmission of Its Case Brief in the 2019-
2020 Administrative Review of the Antidumping Duty Order on Finished 
Carbon Steel Flanges from India,'' dated February 24, 2022.
    \7\ See Norma Group's Case Brief, ``Finished Carbon Steel 
Flanges from India: Case brief (Revised) of Norma India Limited, USK 
Exports Private Limited, Umashanker Khandelwal & Co and Bansidhar 
Chiranjilal, together constituting Norma Group,'' dated February 28, 
2022 (Norma Group's Case Brief).
    \8\ See Memorandum, ``Issues and Decisions Memorandum for the 
Final Results of Administrative Review: Finished Carbon Steel 
Flanges from India; 2019-2020,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
    \9\ See Memorandum, ``Finished Carbon Steel Flanges from India: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated December 9, 2021.
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order <SUP>10</SUP>
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    \10\ See Finished Carbon Steel Flanges from India and Italy: 
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order).
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    The scope of the Order covers finished carbon steel flanges. 
Finished carbon steel flanges are currently classified under 
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff 
Schedule of the United States (HTSUS). While HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of this order is dispositive.
    For a full description of the scope of the Order, see the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the parties in their case and rebuttal briefs 
are addressed in the Issues and Decision Memorandum. A list of the 
issues which parties raised, and to which we responded in the Issues 
and Decision Memorandum, is attached in the appendix to this notice. 
The Issues and 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 Issues and Decision Memorandum can 
be accessed directly on the internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and our analysis of the comments 
received, Commerce made certain changes to the Preliminary Results. For 
detailed information, see the Issues and Decision Memorandum.

Final Results of Administrative Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period August 1, 2019, through 
July 31, 2020:

------------------------------------------------------------------------
                                                        Weighted-average
                 Producers/exporters                     dumping margin
                                                           (percent)
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R.N. Gupta & Co., Ltd................................               0.00
Norma (India) Limited/USK Exports Private Limited/Uma               0.00
 Shanker Khandelwal & Co./Bansidhar Chiranjilal \11\
 Chiranjilal.........................................
Non-Selected Companies \12\..........................               0.00
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[[Page 13703]]

Rate for Non-Selected Respondents
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    \11\ See footnote 2, supra.
    \12\ See Appendix II for a full list of non-selected companies.
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    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin 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 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 rates that are zero, de 
minimis (i.e., less than 0.5 percent), or determined entirely on the 
basis of facts available.
    Consistent with section 735(c)(5)(A) of the Act, for the companies 
that were not selected for individual review, we assigned a rate based 
on the rates for the respondents that were selected for individual 
examination. Consistent with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle, we are applying to the 36 companies 
not selected for individual examination the zero percent rates 
calculated for the mandatory respondents, RNG and the Norma Group.\13\ 
These are the only rates determined in this review for individual 
respondents and, thus, should be applied to the 36 firms not selected 
for individual examination under section 735(c)(5)(B) of the Act.
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    \13\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016) (Albemarle).
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results to parties in this proceeding within five days of the 
date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. Pursuant to 19 CFR 351.212(b)(1), Commerce calculated 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the examined sales to the 
total entered value of those sales. Where the respondent's weighted-
average dumping margin is either zero or de minimis, we will instruct 
CBP to liquidate the appropriate entries without regard to antidumping 
duties. Because the weighted-average dumping margins of RNG, the Norma 
Group, and the 36 firms not selected for individual examination have 
been determined to be zero percent within the meaning of 19 CFR 
351.106(c), we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. In accordance with Commerce's 
practice, for entries of subject merchandise during the POR for which 
RNG and the Norma Group did not know that the merchandise was destined 
for the United States, we will instruct CBP to liquidate such entries 
at the all-others rate if there is no company-specific rate for the 
intermediate company(ies) involved in the transaction.\14\
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    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\15\ 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).
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    \15\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duly Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 rates for the reviewed companies will be 
the rates established in the final results of this administrative 
review; (2) for merchandise exported by producers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, 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 original 
LTFV investigation, but the producer has been covered in a prior 
complete segment of this proceeding, then the cash deposit rate will be 
the rate established for the most recent segment of this proceeding for 
the producer of the subject merchandise; (4) the cash deposit rate for 
all other producers or exporters will continue to be 8.91 percent, the 
all-others rate established in the LTFV investigation. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties 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 duties and/or 
countervailing duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 
351.221(b)(5).

    Dated: March 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background

[[Page 13704]]

III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
VI. Recommendation

Appendix II

Companies Not Selected for Individual Examination

1. Adinath International
2. Aditya Forge Limited
3. Allena Group
4. Alloyed Steel
5. Balkrishna Steel Forge Pvt. Ltd.
6. Bebitz Flanges Works Private Limited
7. C. D. Industries
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. Mascot Metal Manufacturers
20. M F Rings and Bearing Races Ltd.
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works
24. Raaj Sagar Steels
25. Ravi Ratan Metal Industries
26. R. D. Forge
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge Pvt. Ltd.
36. Umashanker Khandelwal Forging Limited

[FR Doc. 2022-05071 Filed 3-9-22; 8:45 am]
BILLING CODE 3510-DS-P