80 FR 12439 - Stainless Steel Bar From India: Preliminary Results, and Rescission, in Part, of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 45 (March 9, 2015)
International Trade Administration
Federal Register Volume 80, Issue 45 (March 9, 2015)
| Page Range | 12439-12440 | |
| FR Document | 2015-05487 |
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)] [Notices] [Pages 12439-12440] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05487] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-810] Stainless Steel Bar From India: Preliminary Results, and Rescission, in Part, of Antidumping Duty Administrative Review; 2013- 2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel bar (SSB) from India. The period of review (POR) is February 1, 2013, through January 31, 2014. This review covers one exporter/producer of the subject merchandise, Bhansali Bright Bars Pvt. Ltd. (Bhansali). We preliminarily find that subject merchandise has not been sold at less than normal value (NV) during this POR. We are also rescinding this review for one other producer/exporter, Ambica Steels Limited (Ambica). We invite interested parties to comment on these preliminary results. DATES: Effective Date: March 9, 2015. FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Dana Mermelstein, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1293 or (202) 482-1391, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the order is SSB from India. The SSB subject to the order is currently classifiable under subheadings 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are provided for convenience and customs purposes. The written description is dispositive.\1\ --------------------------------------------------------------------------- \1\ A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Bar from India'' dated concurrently with this notice (Preliminary Decision Memorandum), which is hereby adopted by 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).\2\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. --------------------------------------------------------------------------- \2\ On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (IA ACCESS) to AD and CVD Centralized Electronic Service System (ACCESS). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). --------------------------------------------------------------------------- Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), we are rescinding this administrative review with respect to Ambica because the review request was timely withdrawn. Methodology The Department has conducted this review in accordance with Section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusion, please see the Preliminary Decision Memorandum. Preliminary Results of the Review As a result of this review, we preliminarily determine the following weighted-average dumping margin for the period February 1, 2013, through January 31, 2014. ------------------------------------------------------------------------ Weighted- average Exporter/Manufacturer dumping margin (percent) ------------------------------------------------------------------------ Bhansali Bright Bars Pvt. Ltd............................... 0.00 ------------------------------------------------------------------------ Disclosure and Public Comment The Department intends to disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice.\3\ Pursuant to 19 CFR 351.309(c), interested parties may submit cases [[Page 12440]] briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.\4\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\5\ Case and rebuttal briefs should be filed using ACCESS.\6\ --------------------------------------------------------------------------- \3\ See 19 CFR 351.224(b). \4\ See 19 CFR 351.309(d). \5\ See 19 CFR 351.309(c)(2) and (d)(2). \6\ See 19 CFR 351.303. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, 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 5 p.m. Eastern Standard Time, within 30 days after the date of publication of this notice.\7\ Hearing requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. If a request for a hearing is made, parties will be notified of the date and time for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. --------------------------------------------------------------------------- \7\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, within 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in accordance with 19 CFR 351.212(b)(1).\8\ The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of the final results of review. --------------------------------------------------------------------------- \8\ In these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). --------------------------------------------------------------------------- For Bhansali, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Bhansali reported the name of the importer of record and the entered value for some of its sales to the United States during the POR. Pursuant to 19 CFR 351.212(b)(1), for these sales, if Bhansali's weighted-average dumping margin is above de minimis (i.e., 0.50 percent) in the final results of this review, we will calculate importer-specific 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 sales. Where Bhansali did not report entered value, we will calculate importer-specific assessment rates for the merchandise in question by aggregating the dumping margins calculated for all U.S. sales to each importer and dividing this amount by the total quantity of those sales. The Department clarified its ``automatic assessment'' regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the POR produced by Bhansali for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of SSB 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 Bhansali will be the rate 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; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 12.45 percent, the all-others rate established in Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar from India, 59 FR 66915, 66921 (December 28, 1994). These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 2, 2015. Paul Piquado, Assistant Secretary, for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum Summary Background Partial Rescission Scope of the Order Discussion of the Methodology Normal Value Comparisons Product Comparisons Date of Sale Export Price Level of Trade Analysis of Home Market Sales Level of Trade Analysis of U.S. Sales Level of Trade Level of Trade Determination Normal Value Home Market Viability as Comparison Market Cost of Production Analysis Calculation of Cost of Production Test of Comparison Market Sales Prices Results of the COP Test Calculation of Normal Value Based on Comparison Market Prices Calculation of Normal Value Based on Constructed Value Currency Conversion [FR Doc. 2015-05487 Filed 3-6-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices 12439
voting stock in an incorporated foreign DEPARTMENT OF COMMERCE and Compliance’s Antidumping and
business enterprise, or an equivalent Countervailing Duty Centralized
interest in an unincorporated foreign International Trade Administration Electronic Service System (ACCESS).2
business enterprise, and that meets the [A–533–810] ACCESS is available to registered users
additional conditions detailed in Form at http://access.trade.gov and to all
BE–577. Stainless Steel Bar From India: parties in the Central Records Unit,
Preliminary Results, and Rescission, in room 7046 of the main Department of
(b) Entities required to report will be Commerce building. In addition, a
contacted individually by BEA. Entities Part, of Antidumping Duty
Administrative Review; 2013–2014 complete version of the Preliminary
not contacted by BEA have no reporting Decision Memorandum can be accessed
responsibilities. AGENCY: Enforcement and Compliance, directly on the Internet at http://
What To Report: The survey collects International Trade Administration, enforcement.trade.gov/frn/index.html.
information on transactions between Department of Commerce. A list of the topics discussed in the
parent companies and their affiliates SUMMARY: The Department of Commerce Preliminary Decision Memorandum is
and on direct investment positions (the Department) is conducting an attached as an Appendix to this notice.
(stocks). administrative review of the
Partial Rescission of Administrative
antidumping duty order on stainless
How To Report: Reports can be filed Review
steel bar (SSB) from India. The period
using BEA’s electronic reporting system of review (POR) is February 1, 2013, Pursuant to 19 CFR 351.213(d)(1), we
at www.bea.gov/efile. Copies of the through January 31, 2014. This review are rescinding this administrative
survey forms and instructions, which covers one exporter/producer of the review with respect to Ambica because
contain complete information on subject merchandise, Bhansali Bright the review request was timely
reporting procedures and definitions, Bars Pvt. Ltd. (Bhansali). We withdrawn.
may be obtained at the BEA Web site preliminarily find that subject Methodology
given above. Form BE–577 inquiries can merchandise has not been sold at less
be made by phone to (202) 606–5557 or than normal value (NV) during this The Department has conducted this
by sending an email to be577@bea.gov. POR. We are also rescinding this review review in accordance with Section
for one other producer/exporter, Ambica 751(a)(2) of the Tariff Act of 1930, as
When To Report: Reports are due to amended (the Act). Export price is
BEA 30 days after the close of each Steels Limited (Ambica). We invite
interested parties to comment on these calculated in accordance with section
calendar or fiscal quarter; 45 days if the 772(a) of the Act. Normal value is
report is for the final quarter of the preliminary results.
calculated in accordance with section
financial reporting year. DATES: Effective Date: March 9, 2015.
773 of the Act. For a full description of
FOR FURTHER INFORMATION CONTACT: the methodology underlying our
Paperwork Reduction Act Notice Joseph Shuler or Dana Mermelstein, conclusion, please see the Preliminary
AD/CVD Operations, Office I, Decision Memorandum.
This data collection has been
Enforcement and Compliance,
approved by the Office of Management Preliminary Results of the Review
International Trade Administration,
and Budget (OMB) in accordance with U.S. Department of Commerce, 14th As a result of this review, we
the Paperwork Reduction Act and Street and Constitution Avenue NW., preliminarily determine the following
assigned control number 0608–0004. An Washington, DC 20230; telephone (202) weighted-average dumping margin for
agency may not conduct or sponsor, and 482–1293 or (202) 482–1391, the period February 1, 2013, through
a person is not required to respond to, respectively. January 31, 2014.
a collection of information unless it
SUPPLEMENTARY INFORMATION:
displays a valid control number Weighted-
assigned by OMB. Public reporting Scope of the Order average
Exporter/Manufacturer dumping
burden for this collection of information The merchandise subject to the order margin
is estimated to average 1 hour per is SSB from India. The SSB subject to (percent)
response. Send comments regarding this the order is currently classifiable under
burden estimate to Director, Bureau of Bhansali Bright Bars Pvt. Ltd. .... 0.00
subheadings 7222.10.00, 7222.11.00,
Economic Analysis (BE–1), U.S. 7222.19.00, 7222.20.00, 7222.30.00 of
Department of Commerce, Washington, the Harmonized Tariff Schedule of the Disclosure and Public Comment
DC 20230; and to the Office of United States (HTSUS). The HTSUS The Department intends to disclose to
Management and Budget, Paperwork subheadings are provided for interested parties the calculations
Reduction Project 0608–0004, convenience and customs purposes. The performed in connection with these
Washington, DC 20503. written description is dispositive.1 preliminary results within five days of
The Preliminary Decision the date of publication of this notice.3
Authority: 22 U.S.C. 3101–3108.
Memorandum is a public document and Pursuant to 19 CFR 351.309(c),
Dated: February 2, 2015. is on file electronically via Enforcement interested parties may submit cases
Brian C. Moyer,
1 A full description of the scope of the order is 2 On November 24, 2014, Enforcement and
Director, Bureau of Economic Analysis.
contained in the memorandum from Christian Compliance changed the name of Enforcement and
mstockstill on DSK4VPTVN1PROD with NOTICES
[FR Doc. 2015–05354 Filed 3–6–15; 8:45 am] Marsh, Deputy Assistant Secretary for Antidumping Compliance’s AD and CVD Centralized Electronic
BILLING CODE 3510–06–P and Countervailing Duty Operations, to Paul Service System (IA ACCESS) to AD and CVD
Piquado, Assistant Secretary for Enforcement and Centralized Electronic Service System (ACCESS).
Compliance, ‘‘Decision Memorandum for The Web site location was changed from http://
Preliminary Results of Antidumping Duty iaaccess.trade.gov to http://access.trade.gov. The
Administrative Review: Stainless Steel Bar from Final Rule changing the references to the
India’’ dated concurrently with this notice Regulations can be found at 79 FR 69046
(Preliminary Decision Memorandum), which is (November 20, 2014).
hereby adopted by this notice. 3 See 19 CFR 351.224(b).
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![12440 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices
briefs no later than 30 days after the cash deposit of estimated antidumping rate for all other manufacturers or
date of publication of this notice. duties required at the time of entry, or exporters will continue to be 12.45
Rebuttal briefs, limited to issues raised withdrawal from warehouse, for percent, the all-others rate established
in the case briefs, may be filed no later consumption, in accordance with 19 in Notice of Final Determination of
than five days after the date for filing CFR 351.212(c)(1)(i). Sales at Less Than Fair Value: Stainless
case briefs.4 Parties who submit case Bhansali reported the name of the Steel Bar from India, 59 FR 66915,
briefs or rebuttal briefs in this importer of record and the entered value 66921 (December 28, 1994). These cash
proceeding are encouraged to submit for some of its sales to the United States deposit requirements, when imposed,
with each argument: (1) A statement of during the POR. Pursuant to 19 CFR shall remain in effect until further
the issue; (2) a brief summary of the 351.212(b)(1), for these sales, if notice.
argument; and (3) a table of authorities.5 Bhansali’s weighted-average dumping
Case and rebuttal briefs should be filed margin is above de minimis (i.e., 0.50 Notification to Importers
using ACCESS.6 percent) in the final results of this
Pursuant to 19 CFR 351.310(c), review, we will calculate importer- This notice also serves as a
interested parties who wish to request a specific assessment rates based on the preliminary reminder to importers of
hearing, or to participate if one is ratio of the total amount of antidumping their responsibility under 19 CFR
requested, must submit a written duties calculated for the examined sales 351.402(f)(2) to file a certificate
request to the Assistant Secretary for to the total entered value of those sales. regarding the reimbursement of
Enforcement and Compliance, filed Where Bhansali did not report entered antidumping duties prior to liquidation
electronically via ACCESS. An value, we will calculate importer- of the relevant entries during this
electronically filed document must be specific assessment rates for the review period. Failure to comply with
received successfully in its entirety by merchandise in question by aggregating this requirement could result in the
5 p.m. Eastern Standard Time, within 30 the dumping margins calculated for all Secretary’s presumption that
days after the date of publication of this U.S. sales to each importer and dividing reimbursement of antidumping duties
notice.7 Hearing requests should this amount by the total quantity of occurred and the subsequent assessment
contain: (1) The party’s name, address, those sales. of double antidumping duties.
and telephone number; (2) the number The Department clarified its
of participants; and (3) a list of issues to ‘‘automatic assessment’’ regulation on We are issuing and publishing these
be discussed. Issues raised in the May 6, 2003. This clarification will results in accordance with sections
hearing will be limited to those raised apply to entries of subject merchandise 751(a)(1) and 777(i)(1) of the Act.
in the respective case briefs. If a request during the POR produced by Bhansali Dated: March 2, 2015.
for a hearing is made, parties will be for which it did not know its Paul Piquado,
notified of the date and time for the merchandise was destined for the
hearing to be held at the U.S. United States. In such instances, we will Assistant Secretary, for Enforcement and
Compliance.
Department of Commerce, 1401 instruct CBP to liquidate un-reviewed
Constitution Avenue NW., Washington, entries at the all-others rate if there is no Appendix I
DC 20230. rate for the intermediate company(ies)
The Department intends to issue the involved in the transaction. For a full List of Topics Discussed in the Preliminary
final results of this administrative Decision Memorandum
discussion of this clarification, see
review, including the results of its Antidumping and Countervailing Duty Summary
analysis of the issues raised in any Proceedings: Assessment of Background
written briefs, within 120 days after the Antidumping Duties, 68 FR 23954 (May Partial Rescission
date of publication of this notice, 6, 2003). Scope of the Order
pursuant to section 751(a)(3)(A) of the Discussion of the Methodology
Act. Cash Deposit Requirements Normal Value Comparisons
The following deposit requirements Product Comparisons
Assessment Rates
will be effective upon publication of the Date of Sale
The Department will determine, and notice of final results of administrative Export Price
U.S. Customs and Border Protection review for all shipments of SSB from Level of Trade
(CBP) shall assess, antidumping duties India entered, or withdrawn from Analysis of Home Market Sales Level of
on all appropriate entries in accordance warehouse, for consumption on or after Trade
with 19 CFR 351.212(b)(1).8 The the date of publication as provided by Analysis of U.S. Sales Level of Trade
Department intends to issue appropriate section 751(a)(2) of the Act: (1) The cash Level of Trade Determination
assessment instructions to CBP 15 days deposit rate for Bhansali will be the rate Normal Value
after publication of the final results of established in the final results of this Home Market Viability as Comparison
review. administrative review; (2) for previously Market
For Bhansali, antidumping duties reviewed or investigated companies not Cost of Production Analysis
shall be assessed at rates equal to the listed above, the cash deposit rate will Calculation of Cost of Production
continue to be the company-specific rate Test of Comparison Market Sales
4 See 19 CFR 351.309(d). published for the most recently Prices
5 See 19 CFR 351.309(c)(2) and (d)(2).
completed segment of this proceeding; Results of the COP Test
mstockstill on DSK4VPTVN1PROD with NOTICES
6 See 19 CFR 351.303.
7 See 19 CFR 351.310(c). (3) if the exporter is not a firm covered Calculation of Normal Value Based on
8 In these preliminary results, the Department in this review, a prior review, or the Comparison Market Prices
applied the assessment rate calculation method original investigation but the Calculation of Normal Value Based on
adopted in Antidumping Proceedings: Calculation manufacturer is, the cash deposit rate Constructed Value
of the Weighted-Average Dumping Margin and Currency Conversion
Assessment Rate in Certain Antidumping
will be the rate established for the most
recent period for the manufacturer of [FR Doc. 2015–05487 Filed 3–6–15; 8:45 am]
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012). the merchandise; (4) the cash deposit BILLING CODE 3510–DS–P
VerDate Sep<11>2014 18:56 Mar 06, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.SGM 09MRN1](https://thefederalregister.org/doc/80_FR_12484/page/2.svg)
Document Created: 2015-12-18 12:05:07
Document Modified: 2015-12-18 12:05:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Joseph Shuler or Dana Mermelstein, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1293 or (202) 482-1391, respectively. | |
| FR Citation | 80 FR 12439 |
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