[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56179-56181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22867]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Final Results of Administrative
Review of the Antidumping Duty Order; 2017-2018.
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has determined that
certain producers/exporters of stainless steel bar (SS Bar) from India
made sales of subject merchandise at less than normal value (NV) during
the period of review (POR) February 1, 2017 through January 31, 2018.
DATES: Applicable October 21, 2019.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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) 482-3477.
SUPPLEMENTARY INFORMATION:
Background
On April 16, 2019, Commerce published the preliminary results of
this administrative review.\1\ This review covers four producers/
exporters of the subject merchandise, Venus Wire Industries Pvt. Ltd.
and its affiliates Precision Metals, Sieves Manufacturers (India) Pvt.
Ltd., and Hindustan Inox Ltd. (collectively, the Venus Group), Jindal
Stainless Hisar Ltd. (JSHL), Jindal Stainless Limited, and Laxcon
Steels Limited (Laxcon). We invited parties to comment on the
Preliminary Results.
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\1\ See Stainless Steel Bar from India: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018, 84 FR 15582
(April 16, 2019) (Preliminary Results).
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On May 31, 2019, we received case briefs from the Venus Group, JSHL
and Laxcon.\2\ On June 14, 2019, we received rebuttal briefs from the
petitioners,\3\ and from Laxcon.\4\ On July 15, 2019, Commerce held a
public hearing at the request of JSHL and the Venus Group.\5\
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\2\ See Venus Group's Letter, ``Antidumping Duty Investigation
of Stainless Steel Bar from India: Venus Group Case Brief,'' dated
May 31, 2019; see also JSHL's Letter, ``Stainless Steel Bar from
India: Jindal Stainless (Hisar) Limited's Case Brief,'' dated May
31, 2019; and ``Stainless Steel Bar from India: Laxcon Case Brief,''
dated May 31, 2019.
\3\ The petitioners are: Carpenter Technology Corporation,
Crucible Industries LLC, Electralloy, a Division of G.O. Carlson,
Inc., North American Stainless, Outokumpu Stainless Bar, LLC,
Universal Stainless & Alloy Products, Inc., and Valbruna Slater
Stainless.
\4\ See Petitioners' Letters, ``Petitioners' Rebuttal Brief
Concerning the Venus Group,'' dated June 14, 2019; ``Petitioners'
Rebuttal Brief Concerning Jindal Stainless (Hisar) Limited,'' dated
June 14, 2019; and ``Petitioners' Rebuttal Brief Concerning Laxcon
Steels Limited,'' dated June 14, 2019; see also Laxcon's Letter,
``Stainless Steel Bar from India: Laxcon Rebuttal Brief,'' dated
June 14, 2019 (Laxcon's Rebuttal Brief).
\5\ See JSHL's Letter, ``Stainless Steel Bar From India; Jindal
Stainless (Hisar) Limited's Request for a Hearing,'' dated May 15,
2019; and Venus Group's Letter, ``Stainless Steel Bar from India:
Request for Hearing,'' dated May 16, 2019; see also Hearing
Transcript, dated July 15, 2019, Bar Code 3866774-01.
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Commerce conducted this administrative review in accordance with
section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the
Act).
[[Page 56180]]
Scope of the Order
The merchandise subject to the order is SS bar. SS bar means
articles of stainless steel in straight lengths that have been either
hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-
finished, or ground, having a uniform solid cross section along their
whole length in the shape of circles, segments of circles, ovals,
rectangles (including squares), triangles, hexagons, octagons, or other
convex polygons. SS bar includes cold-finished SS bars that are turned
or ground in straight lengths, whether produced from hot-rolled bar or
from straightened and cut rod or wire, and reinforcing bars that have
indentations, ribs, grooves, or other deformations produced during the
rolling process.
Except as specified above, the term does not include stainless
steel semi-finished products, cut-to-length flat-rolled products (i.e.,
cut-to-length rolled products which if less than 4.75 mm in thickness
have a width measuring at least 10 times the thickness, or if 4.75 mm
or more in thickness having a width which exceeds 150 mm and measures
at least twice the thickness), wire (i.e., cold-formed products in
coils, of any uniform solid cross section along their whole length,
which do not conform to the definition of flat-rolled products), and
angles, shapes, and sections.
Imports of these products are currently classifiable under
subheadings 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00
of the Harmonized Tariff Schedule (HTS). Although the HTS subheadings
are provided for convenience and customs purposes, our written
description of the scope of the order is dispositive.
Analysis of Comments Received
The issues raised by interested parties in their case and rebuttal
briefs have been addressed in the Issues and Decision Memorandum. The
Issues and Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov and
is available to all parties in the Central Records Unit, Room B8024 of
the main Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the
Enforcement and Compliance website at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic
version of the Issues and Decision Memorandum are identical in content.
A list of the topics discussed in the Issues and Decision Memorandum is
attached as an Appendix to this notice.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculations with regard to the Venus Group.
These changes affect the margins assigned to the mandatory respondent
and to the non-selected respondent. For a discussion of these changes,
see the Issues and Decision Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Stainless Steel Bar from India,'' dated concurrently with this
notice; see also Memorandum, ``Administrative Review of the
Antidumping Duty Order on Stainless Steel Bar from India: Final
Analysis Memorandum for the Venus Group,'' dated concurrently with
this notice.
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Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period February 1, 2017 through January 31, 2018:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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The Venus Group............................................. 5.35
Jindal Stainless (Hisar) Limited............................ 52.84
Laxcon Steels Limited....................................... 5.35
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Disclosure
With respect to the Venus Group, we intend to disclose the
calculations performed for these final results to the parties within
five days after public announcement of the final results in accordance
with 19 CFR 351.224(b). Because we determined an antidumping duty
margin for Jindal in these final results based on the application of
adverse facts available, in accordance with section 776 of the Act,
there are no calculations to disclose.
Assessment Rates
Upon issuance of the final results in this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this POR. If the preliminary results are unchanged for the final
results, we will instruct CBP to apply the ad valorem assessment rates
listed above to all entries of subject merchandise during the POR which
were exported by the companies named above.
For entries of subject merchandise during the POR produced by the
Venus Group for which it did not know its merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
Consistent with Commerce practice, for Jindal Stainless Limited,
which had no reviewable entries of subject merchandise to the United
States, we will instruct CBP to liquidate any applicable entries of
subject merchandise at the all-others rate.\7\
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\7\ For a full discussion, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May
6, 2003) (May 2003 Clarification).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of this review for all
shipments of SS Bar from India entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash deposit rate for companies
subject to this review will be the rates established in the final
results of the review; (2) for merchandise exported by producers or
exporters 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 for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recent period for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 12.45 percent, the all-others rate
established in the less-than-fair-value investigation.\8\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\8\ See Notice of Final Determination of Sales at Less Than Fair
Value: Stainless Steel Bar from India, 59 FR 66915, 66921 (December
28, 1994).
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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 and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the
[[Page 56181]]
Secretary's presumption that reimbursement of the antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties.
Notifications to Interested Parties
This notice serves as the only 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). Timely written
notification of 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.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i) of the Act.
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
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. Use of AFA
VI. Discussion of the Issues
VII. Recommendation
[FR Doc. 2019-22867 Filed 10-18-19; 8:45 am]
BILLING CODE 3510-DS-P