[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55551-55553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22668]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-835]
Finished Carbon Steel Flanges From Italy: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that finished carbon steel flanges from Italy are being sold in the
United States at less than normal value during the period of review
(POR). The POR is February 8, 2017 through July 31, 2018. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable October 17, 2019.
FOR FURTHER INFORMATION CONTACT: Edythe Artman or Brian C. Davis, 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) 482-3931 or (202)
482-7924, respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results of review are issued in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On
October 4, 2018, in accordance with section 751(a) of the Act and 19
CFR 351.221(c)(1)(i), Commerce published the notice of initiation for
the administrative review.\1\ In the Initiation Notice, Commerce stated
that, where appropriate, it intended to select respondents based on
U.S. Customs and Border Protection (CBP) data for U.S. imports during
the POR.\2\ After receiving no comments on the CBP data from parties
with an administrative protective order, Commerce selected ASFO S.p.A.
(ASFO) and Forgital Italy S.p.A. (Forgital) from 27 possible
respondents for individual examination in this review.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation
Notice).
\2\ Id.
\3\ See Memorandum, ``Antidumping Duty Administrative Review of
Finished Carbon Steel Flanges from Italy: Respondent Selection,''
dated November 16, 2018, 1-5.
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018 through
the
[[Page 55552]]
resumption of operations on January 29, 2019, moving the deadline for
the preliminary results of this review to June 12, 2019.\4\ On June 6,
2019, we extended the time limit for completion of the preliminary
results of the review to no later than October 10, 2019.\5\ For a
complete description of the events that followed the initiation of the
review, see the Preliminary Decision Memorandum.\6\
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\4\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\5\ See Memorandum, ``Finished Carbon Steel Flanges from Italy:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated June 6, 2019.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Finished Carbon
Steel Flanges from Italy; 2017-2018,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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A list of topics included in the Preliminary Decision Memorandum is
included in the Appendix 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 and to all parties in the
Central Records Unit, located in room B8094 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Scope of the Order
The products covered by the scope of the order are finished carbon
steel flanges from Italy. For a complete description of the scope, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying the preliminary results, see the Preliminary Decision
Memorandum.
Facts Available
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available to assign estimated weighted-
average dumping margins to the respondents selected for individual
examination in this review, because both ASFO and Forgital withheld
necessary information that was requested by Commerce, thereby
significantly impeding the conduct of the review. Further, Commerce
preliminarily determines that both ASFO and Forgital failed to
cooperate by not acting to the best of their abilities to comply with
requests for information and, thus, Commerce is applying an adverse
inference in selecting among the facts available, in accordance with
section 776(b) of the Act. For a full description of the methodology
underlying our conclusions regarding the application of adverse facts
available (AFA), see the Preliminary Decision Memorandum.
Rate for Non-Selected Companies
In accordance with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle Corp. v. United States,\7\ we are
applying to the non-selected companies a rate based on the simple
average of the individual rates preliminarily applied to ASFO and
Forgital in this administrative review, or 204.53 percent. For a
detailed discussion, see the Preliminary Decision Memorandum.
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\7\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
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Preliminary Results of Review
We preliminarily determine that, for the period February 8, 2017
through July 31, 2018, the following dumping margins exist:
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Weighted-
average
Producer/exporter dumping margin
(percent)
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ASFO S.p.A.............................................. 204.53
Forgital Italy S.p.A.................................... 204.53
ASFO S.p.A.--FOMAS Group................................ 204.53
Assotherm srl........................................... 204.53
Bifrangi S.p.A.......................................... 204.53
CAT Carpenteria Metallica srl........................... 204.53
Costruzione Ricambi Machine Industriali................. 204.53
Filmag Italia S.r.l..................................... 204.53
FOC Ciscato S.p.Ar...................................... 204.53
FOMAS................................................... 204.53
Forgia Di Bollate S.p.A................................. 204.53
Forgiatura A. Vienna diAntonio Vienna................... 204.53
Franchini Acciai S.p.A.................................. 204.53
Galperti Forged Products................................ 204.53
Inox Laghi S.r.l........................................ 204.53
KIASMA SRL.............................................. 204.53
Iml Industria Meccanica Ligure.......................... 204.53
Martin Valmore srl...................................... 204.53
M.E.G.A. S.p.A.......................................... 204.53
Metalfar Prodotti Industriali, S.p.A.................... 204.53
Officine Ambrogio Melesi & C. S.R.L..................... 204.53
Officine di Cortabbio s.r.l............................. 204.53
OFFICINE MECCANICHE CIOCCA S.p.A........................ 204.53
Office SANTAFEDE........................................ 204.53
Siderforgerossi Group S.p.A............................. 204.53
UNIGEN Steel Engineering................................ 204.53
VALVITALIA S.p.A........................................ 204.53
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Disclosure and Public Comment
Normally, Commerce discloses the calculations performed in
connection with preliminary results to interested parties within five
days after the date of publication of this notice.\8\ Because Commerce
preliminarily applied total AFA to each of the mandatory respondents in
this review, in accordance with section 776 of the Act, there are no
calculations to disclose.
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\8\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\9\ Rebuttal briefs, the
content of which is limited to the issues raised in the case briefs,
must be filed within five days from the deadline date for the
submission of case briefs.\10\ Parties who submit case or rebuttal
briefs in this proceeding are requested to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\11\ Case and rebuttal briefs should be
filed using ACCESS.\12\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1) and (2).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See generally 19 CFR 351.303.
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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. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, ACCESS,
by 5:00 p.m. Eastern Time within 30 days after the date of publication
of this notice.\13\ Requests should contain: (1) The party's name,
address and telephone number; (2) the number of participants; and (3) a
list of issues parties intend to discuss. Issues raised in the hearing
will be limited to those raised in the respective case and rebuttal
briefs. If a request for a hearing is made, Commerce intends to hold
the
[[Page 55553]]
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date and time to be determined.\14\
Parties should confirm the date, time, and location of the hearing two
days before the scheduled date.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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Unless extended, Commerce intends to issue the final results of
this administrative review, which will include the results of our
analysis of all issues raised in the case and rebuttal briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\15\ If the preliminary results are
unchanged for the final results, we will instruct CBP to apply an ad
valorem assessment rate of 204.53 percent to all entries of subject
merchandise during the POR which were produced and/or exported by ASFO,
Forgital and the aforementioned companies which were not selected for
individual examination. We intend to issue liquidation instructions to
CBP 15 days after publication of the final results of this review.
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\15\ See 19 CFR 351.212(b).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication 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 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 ASFO, Forgital
and the other companies listed above will be equal to the dumping
margin established in the final results of this administrative review;
(2) for previously reviewed or investigated companies not listed above,
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 reviewed; (3) if the exporter is not a firm covered in
this review, a prior review, or in the 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 the all-others rate of 79.17 percent, the
rate established in the investigation of this proceeding.\16\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\16\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136, 40138 (August 24, 2017).
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Notification to Importers
This notice also serves as a 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.
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 sections 19 CFR
351.213(h)(1) and 351.221(b)(4).
Dated: October 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inference
V. Rate for Non-Selected Companies
VI. Recommendation
[FR Doc. 2019-22668 Filed 10-16-19; 8:45 am]
BILLING CODE 3510-DS-P