80 FR 55332 - Stainless Steel Bar From India: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 178 (September 15, 2015)
International Trade Administration
Federal Register Volume 80, Issue 178 (September 15, 2015)
| Page Range | 55332-55333 | |
| FR Document | 2015-23161 |
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)] [Notices] [Pages 55332-55333] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23161] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-810] Stainless Steel Bar From India: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 9, 2015, the Department of Commerce (Department) published the preliminary results of the administrative review of the antidumping duty order on stainless steel bar (SSB) from India.\1\ The period of review (POR) is February 1, 2013, through January 31, 2014. Based on comments received from Bhansali Bright Bars Pvt. Ltd., (Bhansali) and the petitioner,\2\ we have made certain changes to our preliminary results. The final dumping margin for this review is listed in the ``Final Results of the Review'' section below. --------------------------------------------------------------------------- \1\ See Stainless Steel Bar From India: Preliminary Results, and Rescission, in Part, of Antidumping Duty Administrative Review; 2013-2014, 80 FR 12439 (March 9, 2015) (Preliminary Results). \2\ The petitioner is Valbruna Slater Stainless, Inc. --------------------------------------------------------------------------- DATES: Effective Date: September 15, 2015. FOR FURTHER INFORMATION CONTACT: Joseph Shuler, 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. SUPPLEMENTARY INFORMATION: Background Following the Preliminary Results, the Department issued an additional supplemental questionnaire to Bhansali, the only respondent in this administrative review, on March 20, 2015, and received a response on April 2, 2015. We received timely filed case and rebuttal briefs from Bhansali and the petitioner. Scope of the Order The merchandise subject to the order is SSB. 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.\3\ --------------------------------------------------------------------------- \3\ For a full description of the scope of the order, see the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Stainless Steel Bar from India'' dated concurrently with this notice (Issues and Decision Memorandum), which is hereby adopted by this notice. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is incorporated herein by reference. A list of the issues which parties raised, and to which we respond in the Issues and Decision Memorandum, is attached to this notice as an Appendix. 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 http://access.trade.gov, and it is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made certain changes to the Preliminary Results. For a discussion of these changes, see Issues and Decision Memorandum. Final Results of the Review As a result of this review, we determine the following weighted- average dumping margin exists for the respondent for the period February 1, 2013, through January 31, 2014. ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ Bhansali Bright Bars Pvt. Ltd............................... 0.00 ------------------------------------------------------------------------ [[Page 55333]] Assessment Rates Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), the Department determines, 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. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. For assessment purposes, because Bhansali's weighted-average dumping margin remains zero or de minimis (i.e., less than 0.5 percent) in these final results, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties in accordance with 19 CFR 351.106(c)(2). Our instructions will be on an importer- specific basis, where the importer is known, or on a customer-specific basis, where the importer is not known. 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 unreviewed 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 subject merchandise 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 merchandise exported by manufacturers 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 recently completed segment of this proceeding in which that manufacturer or exporter participated; (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 recently completed segment of this proceeding for the manufacturer of subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 12.45 percent, the ``all others'' rate established in the order.\4\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \4\ See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar from India, 59 FR 66915, 66921 (December 28, 1994). --------------------------------------------------------------------------- Disclosure We intend to disclose the calculations performed for these final results of review within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Notifications 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 prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. 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). 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. These final results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 8, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Issues Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1a: Whether There Are Inaccuracies and Discrepancies in Bhansali's Reporting Comment 1b: Whether the Application of Adverse Facts Available, or Partial Facts Available is Warranted Comment 2: Whether Bhansali Submitted Untimely Factual Information Comment 3: Whether the Department Erred in the Treatment of Bhansali's Home Market Billing Adjustments Recommendation [FR Doc. 2015-23161 Filed 9-14-15; 8:45 am] BILLING CODE 3510-DS-P
![55332 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices
affiliates), Danang Seaproducts Import aka, Vinhloi Import Export Company aka, 7222.10.00, 7222.11.00, 7222.19.00,
Export Corporation, Danang Seaproducts Vinh Loi Import-Export Company, Vinh 7222.20.00, 7222.30.00 of the
Import Export Corporation (‘‘Seaprodex Loi Import Export Company (‘‘Vimexco’’) Harmonized Tariff Schedule of the
Danang’’), Danang Seaproducts Import- and/or Vinh Loi Import Export Company United States (HTSUS). The HTSUS
Export Corporation (and its affilliate, Tho (‘‘VIMEX’’)
Quang Seafood Processing and Export subheadings are provided for
[FR Doc. 2015–23159 Filed 9–14–15; 8:45 a.m.] convenience and customs purposes. The
Com-pany) (collectively ‘‘Seaprodex
Danang’’), Tho Quang, Tho Quang Co., Tho BILLING CODE 3510–DS–P written description is dispositive.3
Quang Seafood Processing and Export
Analysis of Comments Received
Company, Tho Quang Seafood Processing
& Export Company, Seaprodex Danang DEPARTMENT OF COMMERCE All issues raised in the case and
19. Duy Dai Corporation rebuttal briefs are addressed in the
20. Gallant Ocean (Quang Ngai) Co., Ltd. International Trade Administration Issues and Decision Memorandum,
21. Gn Foods which is incorporated herein by
[A–533–810]
22. Hai Thanh Food Company Ltd. reference. A list of the issues which
23. Hai Vuong Co., Ltd.
24. Hoa Phat Aquatic Products Processing Stainless Steel Bar From India: Final parties raised, and to which we respond
And Trading Service Co., Ltd. Results of Antidumping Duty in the Issues and Decision
25. Hoang Hai Company Ltd. Administrative Review; 2013–2014 Memorandum, is attached to this notice
26. Hua Heong Food Industries Vietnam Co. as an Appendix. The Issues and
Ltd. AGENCY: Enforcement and Compliance, Decision Memorandum is a public
27. Interfood Shareholding Co. International Trade Administration, document and is on file electronically
28. Khanh Loi Seafood Factory Department of Commerce. via Enforcement and Compliance’s
29. Kien Long Seafoods Co. Ltd. SUMMARY: On March 9, 2015, the Antidumping and Countervailing Duty
30. Luan Vo Fishery Co., Ltd. Department of Commerce (Department) Centralized Electronic Service System
31. Lucky Shining Co., Ltd. published the preliminary results of the (ACCESS). ACCESS is available to
32. Minh Chau Imp. Exp. Seafood Processing administrative review of the
Co., Ltd.
registered users at http://
antidumping duty order on stainless access.trade.gov, and it is available to
33. Mp Consol Co., Ltd.
34. Ngoc Chau Co., Ltd. and/or Ngoc Chau
steel bar (SSB) from India.1 The period all parties in the Central Records Unit,
Seafood Processing Company of review (POR) is February 1, 2013, room B8024 of the main Department of
35. Ngoc Sinh, Ngoc Sinh Seafoods through January 31, 2014. Based on Commerce building. In addition, a
Processing and Trading Enterprise, Ngoc comments received from Bhansali complete version of the Issues and
Sinh Fisheries, Ngoc Sinh Private, Ngoc Bright Bars Pvt. Ltd., (Bhansali) and the Decision Memorandum can be accessed
Sinh Private Enterprises, Ngoc Sinh petitioner,2 we have made certain directly on the internet at http://
Seafood Processing Company, Ngoc Sinh changes to our preliminary results. The enforcement.trade.gov/frn/index.html.
Seafood Trading & Processing, Ngoc Sinh final dumping margin for this review is The signed Issues and Decision
Seafood Trading & Processing Enterprise, listed in the ‘‘Final Results of the
Ngoc Sinh Seafoods, Ngoc Sinh Seafoods
Memorandum and the electronic
(Private Enterprise), Ngoc Sinh Seafoods
Review’’ section below. versions of the Issues Decision
Processing and Trading Enterprises DATES: Effective Date: September 15, Memorandum are identical in content.
36. Ngo Bros Seaproducts Import-Export One 2015. Changes Since the Preliminary Results
Member Company Limited (‘‘Ngo Bros’’)
FOR FURTHER INFORMATION CONTACT: Based on our analysis of the
37. Quang Ninh Export Aquatic Products
Processing Factory Joseph Shuler, AD/CVD Operations, comments received, we have made
38. Quang Ninh Seaproducts Factory Office I, Enforcement and Compliance, certain changes to the Preliminary
39. S.R.V. Freight Services Co., Ltd. International Trade Administration, Results. For a discussion of these
40. Sustainable Seafood U.S. Department of Commerce, 14th changes, see Issues and Decision
41. Tai Kim Anh Seafood Joint Stock Street and Constitution Avenue NW., Memorandum.
Company Washington, DC 20230; telephone (202)
42. Tan Thang Loi Frozen Food Co., Ltd. 482–1293. Final Results of the Review
43. Thanh Doan Seaproducts Import & Export
SUPPLEMENTARY INFORMATION: As a result of this review, we
Processing Joint-Stock Company
(THADIMEXCO) determine the following weighted-
Background average dumping margin exists for the
44. Thanh Hung Frozen Seafood Processing
Import Export Co., Ltd. Following the Preliminary Results, the respondent for the period February 1,
45. Thanh Tri Seafood Processing Co. Ltd. Department issued an additional 2013, through January 31, 2014.
46. The Quang Co. supplemental questionnaire to Bhansali,
47. The Quang Seafood Processing & Export the only respondent in this Weighted-
Company average
administrative review, on March 20, Producer/exporter dumping
48. Thong Thuan-Cam Ranh Seafood Joint 2015, and received a response on April
Stock Company margin
49. Tien Tien Garment Joint Stock Company
2, 2015. We received timely filed case (percent)
50. Tithi Co., Ltd. and rebuttal briefs from Bhansali and
the petitioner. Bhansali Bright Bars Pvt. Ltd ..... 0.00
51. Trang Corporation
52. Viet Cuong Seafood Processing Import Scope of the Order
Export Joint-Stock Company, Viet Cuong 3 For a full description of the scope of the order,
Seafood Processing Import Export The merchandise subject to the order
mstockstill on DSK4VPTVN1PROD with NOTICES
see the memorandum from Christian Marsh, Deputy
53. Vietnam Northern Viking Technologies is SSB. The SSB subject to the order is Assistant Secretary for Antidumping and
Co. Ltd. currently classifiable under subheadings Countervailing Duty Operations, to Paul Piquado,
54. Vinatex Danang Assistant Secretary for Enforcement and
Compliance, ‘‘Issues and Decision Memorandum for
55. Vinh Hoan Corp. 1 See Stainless Steel Bar From India: Preliminary
the Final Results of the Antidumping Duty
56. Vinh Loi Import Export Company Results, and Rescission, in Part, of Antidumping Administrative Review of Stainless Steel Bar from
(‘‘Vimexco’’), aka, Vinh Loi Import Export Duty Administrative Review; 2013–2014, 80 FR India’’ dated concurrently with this notice (Issues
Company (‘‘VIMEX’’), aka, VIMEXCO aka, 12439 (March 9, 2015) (Preliminary Results). and Decision Memorandum), which is hereby
VIMEX aka, Vinh Loi Import/Export Co., 2 The petitioner is Valbruna Slater Stainless, Inc. adopted by this notice.
VerDate Sep<11>2014 19:04 Sep 14, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1](https://thefederalregister.org/doc/80_FR_55510/page/1.svg)
![Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices 55333
Assessment Rates most recently completed segment of this Comment 1b: Whether the Application of
proceeding for the manufacturer of Adverse Facts Available, or Partial Facts
Pursuant to section 751(a)(2)(A) of the Available is Warranted
Act, and 19 CFR 351.212(b), the subject merchandise; and (4) the cash
Comment 2: Whether Bhansali Submitted
Department determines, and U.S. deposit rate for all other manufacturers
Untimely Factual Information
Customs and Border Protection (CBP) or exporters will continue to be 12.45 Comment 3: Whether the Department Erred
shall assess, antidumping duties on all percent, the ‘‘all others’’ rate established in the Treatment of Bhansali’s Home
appropriate entries of subject in the order.4 These cash deposit Market Billing Adjustments
merchandise in accordance with the requirements, when imposed, shall Recommendation
final results of this review. The remain in effect until further notice. [FR Doc. 2015–23161 Filed 9–14–15; 8:45 am]
Department intends to issue assessment Disclosure BILLING CODE 3510–DS–P
instructions to CBP 15 days after the
date of publication of these final results We intend to disclose the calculations
of review. performed for these final results of DEPARTMENT OF COMMERCE
For assessment purposes, because review within five days of the date of
Bhansali’s weighted-average dumping publication of this notice in the Federal International Trade Administration
margin remains zero or de minimis (i.e., Register in accordance with 19 CFR [A–552–814]
less than 0.5 percent) in these final 351.224(b).
results, we will instruct CBP to liquidate Notifications Utility Scale Wind Towers From the
the appropriate entries without regard to Socialist Republic Vietnam: Final
antidumping duties in accordance with This notice serves as a final reminder Results of Antidumping Duty
19 CFR 351.106(c)(2). Our instructions to importers of their responsibility Administrative Review; 2013–2014
will be on an importer-specific basis, under 19 CFR 351.402(f)(2) to file a
AGENCY: Enforcement and Compliance,
where the importer is known, or on a certificate regarding the reimbursement
International Trade Administration,
customer-specific basis, where the of antidumping duties prior to
Department of Commerce.
importer is not known. liquidation of the relevant entries
during this review period. Failure to SUMMARY: On March 9, 2015, the
The Department clarified its
‘‘automatic assessment’’ regulation on comply with this requirement could Department of Commerce (‘‘the
May 6, 2003. This clarification will result in the Department’s presumption Department’’) published the preliminary
apply to entries of subject merchandise that reimbursement of antidumping results of the administrative review of
during the POR produced by Bhansali duties occurred and the subsequent the antidumping duty order on utility
for which it did not know its assessment of doubled antidumping scale wind towers from the Socialist
merchandise was destined for the duties. Republic of Vietnam (‘‘Vietnam’’).1 The
United States. In such instances, we will period of review is February 13, 2013,
This notice also serves as a reminder through January 31, 2014. The review
instruct CBP to liquidate unreviewed to parties subject to administrative
entries at the all-others rate if there is no covers one respondent, CS Wind
protective order (APO) of their Vietnam and CS Wind Corporation
rate for the intermediate company(ies) responsibility concerning the
involved in the transaction. For a full (collectively, ‘‘CS Wind Group’’). We
disposition of proprietary information continue to find that CS Wind Group
discussion of this clarification, see disclosed under APO in accordance
Antidumping and Countervailing Duty has sold subject merchandise in the
with 19 CFR 351.305(a)(3). Timely United States at below normal value
Proceedings: Assessment of written notification of the return or
Antidumping Duties, 68 FR 23954 (May during the POR.
destruction of APO materials, or
6, 2003). DATES: Effective Date: September 15,
conversion to judicial protective order,
2015.
Cash Deposit Requirements is hereby requested. Failure to comply
with the regulations and the terms of an FOR FURTHER INFORMATION CONTACT:
The following deposit requirements APO is a sanctionable violation. Trisha Tran AD/CVD Operations, Office
will be effective upon publication of the IV, Enforcement and Compliance,
These final results of administrative
notice of final results of administrative International Trade Administration,
review are issued and published in
review for all shipments of subject U.S. Department of Commerce, 14th
accordance with sections 751(a)(1) and
merchandise entered, or withdrawn Street and Constitution Avenue NW.,
777(i)(1) of the Act.
from warehouse, for consumption on or Washington, DC 20230, telephone: (202)
after the date of publication as provided Dated: September 8, 2015. 482–4852.
by section 751(a)(2) of the Act: (1) The Paul Piquado,
cash deposit rate for Bhansali will be Assistant Secretary for Enforcement and Background
the rate established in the final results Compliance. On March 9, 2015, the Department
of this administrative review; (2) for published the Preliminary Results.2 On
Appendix
merchandise exported by manufacturers June 3, 2015, the Department extended
or exporters not covered in this review List of Issues Discussed in the Issues and the deadline for issuing the final results
but covered in a prior segment of the Decision Memorandum by 60 days, until September 8, 2015. CS
proceeding, the cash deposit rate will Summary Wind Group, and the Wind Tower
continue to be the company-specific rate Background Trade Coalition (‘‘Petitioner’’) submitted
Scope of the Order
mstockstill on DSK4VPTVN1PROD with NOTICES
published for the most recently case and rebuttal briefs on April 15,
completed segment of this proceeding in Discussion of the Issues 2013 and April 23, 2015, respectively.
Comment 1a: Whether There Are
which that manufacturer or exporter Inaccuracies and Discrepancies in
participated; (3) if the exporter is not a Bhansali’s Reporting
1 See Utility Scale Wind Towers From the
firm covered in this review, a prior Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty Administrative Review; 2013–
review, or the original investigation but 4 See Notice of Final Determination of Sales at 2014, 80 FR 12449 (March 9, 2015) (‘‘Preliminary
the manufacturer is, the cash deposit Less Than Fair Value: Stainless Steel Bar from Results’’).
rate will be the rate established for the India, 59 FR 66915, 66921 (December 28, 1994). 2 Id.
VerDate Sep<11>2014 19:04 Sep 14, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1](https://thefederalregister.org/doc/80_FR_55510/page/2.svg)
Document Created: 2015-12-15 10:10:04
Document Modified: 2015-12-15 10:10:04
| 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, 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. | |
| FR Citation | 80 FR 55332 |
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