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[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 74-76]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31480]

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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; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
producers and/or exporters subject to this administrative review made 
sales of subject merchandise at less than normal value (NV) during the 
period of review (POR) August 1, 2022, through July 31, 2023.

DATES: Applicable January 2, 2025.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Theodora Mattei, 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) 482-4834, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 24, 2017, Commerce published in the Federal Register the 
antidumping duty order on finished carbon steel flanges from India.\1\ 
On September 7, 2023, Commerce published the Preliminary Results of the 
2022-2023 administrative review and invited interested parties to 
comment. This administrative review covers 14 producers and/or 
exporters of the subject merchandise. Commerce selected R.N. Gupta & 
Co. Ltd. (RNG) and Norma Group \2\ for individual examination. The 
producers/exporters not selected for individual examination are listed 
in the Appendix II section of this notice.\3\ On October 22, 2024, 
Norma Group and RNG each submitted a case brief.\4\ No other party 
submitted case or rebuttal briefs. On December 9, 2024, Commerce tolled 
the deadline to issue the final results in this administrative review 
by 90 days.\5\ Accordingly, the deadline for these final results is now 
April 11, 2025.
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    \1\ See Finished Carbon Steel Flanges from India and Italy: 
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order).
    \2\ In prior segments of this proceeding, we determined that 
Norma (India) Limited, USK Exports Private Limited, Uma Shanker 
Khandelwal & Co., and Bansidhar Chiranjilal were affiliated and 
should be treated as a single entity (Norma Group). See, e.g., 
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 
Preliminary Decision Memorandum, 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). In this review, 
Norma (India) Limited and its affiliated entities have affirmed that 
the factual basis on which Commerce made its prior determinations 
has not changed. See Norma Group's Letter, ``2nd Supplemental 
Response Section A, C and D of Anti-Dumping duty Original 
Questionnaire,'' dated June 26, 2024, at S2-3. Therefore, Commerce 
continues to treat these four companies as a single entity.
    \3\ See Appendix II for a list of companies not selected for 
individual examination.
    \4\ See Norma Group's Letter, ``Case Brief,'' dated October 22, 
2024; see also RNG's Letter, ``Case Brief of R.N. Gupta & Company 
Limited,'' dated October 22, 2024.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated December 9, 2024.
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Scope of the Order

    The merchandise covered by the Order is finished carbon steel 
flanges. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.\6\
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2022-2023 Administrative Review of the 
Antidumping Duty Order on Finished Carbon Steel Flanges from 
India,'' dated December 23, 2024 (Issues and Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act. NV is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying these final results, 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, follows 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision

[[Page 75]]

Memorandum, Commerce made certain changes to the preliminary weighted-
average dumping margins for RNG and Norma Group. As a result of these 
changes, we have also revised the rate applicable companies not 
selected for individual examination.

Rate for Non-Selected Companies

    The Act 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 a market economy 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{time} .''
    In this administrative review, we preliminarily calculated 
weighted-average dumping margins for Norma Group and RNG that are not 
zero, de minimis (i.e., less than 0.5 percent), or determined entirely 
on the basis of facts available. Accordingly, consistent with guidance 
in section 735(c)(5)(A) of the Act, Commerce is preliminarily assigning 
to the companies not individually examined a margin of 2.54 percent, 
which is the weighted average of Norma Group's margin and RNG's margin 
based on publicly ranged U.S. sales values.\7\ The companies not 
selected for individual examination are listed in Appendix II.
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    \7\ See Memorandum, ``Calculation of Margin for Respondents Not 
Selected for Individual Examination,'' dated concurrently with this 
notice.
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Final Results of Administrative Review

    For these final results, we determine that the following estimated 
weighted-average dumping margins exist for the period August 1, 2022, 
through July 31, 2023:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/manufacturer                   dumping margin
                                                           (percent)
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Norma (India) Limited/USK Exports Private Limited/                  0.89
 Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal.
R.N. Gupta & Company Limited........................                3.60
Review-Specific Rate for Non-Selected Companies.....                2.54
------------------------------------------------------------------------

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

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If the weighted-average 
dumping margin for a mandatory respondent is not zero or de minimis in 
the final results of this review, we will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount 
of dumping calculated for each importer's examined sales and the total 
entered value of such sales in accordance with 19 CFR 351.212(b)(1).\8\ 
If the weighted-average dumping margin is zero or de minimis in the 
final results of review, or if an importer-specific assessment rate is 
zero or de minimis, Commerce will instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\9\ For entries of subject 
merchandise during the period of review produced by the respondents for 
which they did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries pursuant 
to the reseller policy, i.e., the assessment rate for such entries will 
be the all-others rate established in the investigation if there is no 
rate for the intermediate company(ies) involved in the transaction.\10\
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    \8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \9\ Id., 77 FR 8102-03; see also 19 CFR 351.106(c)(2).
    \10\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual 
examination, we intend to assign an antidumping duty assessment rate 
equal to the weighted-average dumping margin determined for the non-
examined companies in the final results of review.
    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 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 
cash deposits of estimated antidumping duties, where applicable.\11\
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    \11\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the final results of this 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for companies subject to this review will be 
equal to the company-specific weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by a company not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published in the 
completed segment for the most recent period; (3) if the exporter is 
not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the producer is, then the cash deposit 
rate will be the rate established in the most recently completed 
segment of the proceeding for the producer of the merchandise; and (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 
less-than-

[[Page 76]]

fair-value investigation.\12\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \12\ See Order, 82 FR 40138.
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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 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 occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to 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

    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: December 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Incorrect Window Period
    Comment 2: Incorrect Cash Deposit Instructions
    Comment 3: Calculation of Constructed Value Profit and Selling 
Expenses
VI. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Balkrishna Steel Forge Pvt. Ltd.
2. C.D. Industries
3. Cetus Engineering Private Limited
4. Echjay Industries Pvt. Ltd.
5. JAI Auto Private Limited
6. Jiten Steel Industries.
7. Munish Forge Private Limited
8. R.D. Forge
9. Renin Piping Products
10. Rollwell Forge Engineering Components and Flanges
11. Rollwell Forge Pvt. Ltd.
12. Tirupati Forge Pvt. Ltd.; Tirupati Forge

[FR Doc. 2024-31480 Filed 12-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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