Finished Carbon Steel Flanges From Spain: Final Results of Antidumping Duty Administrative Review; 2019-2020

CourtInternational Trade Administration
Citation87 FR 746
Publication Date06 January 2022
Record Number2022-00018
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
Notices Federal Register
746
Vol. 87, No. 4
Thursday, January 6, 2022
1
See Finished Carbon Steel Flanges from Spain:
Preliminary Results of Antidumping Duty
Administrative Review; 2019–2020, 86 FR 35745
(July 7, 2021) (Preliminary Results).
2
See Petitioners’ Letter, ‘‘Finished Carbon Steel
Flanges from Spain: Petitioners’ Case Brief,’’ dated
August 17, 2021; and ULMA’s Letter, ‘‘ULMA Forja,
S. Coop’s Case Brief: Finished Carbon Steel Flanges
from Spain, POR 3,’’ dated August 17, 2021.
3
See Petitioners’ Letter, ‘‘Finished Carbon Steel
Flanges from Spain: Petitioners’ Rebuttal Case
Brief,’’ dated August 24, 2021; and ULMA’s Letter,
‘‘ULMA Forja, S. Coop’s Rebuttal Brief: Finished
Carbon Steel Flanges from Spain, POR 3,’’ dated
August 24, 2021.
4
See Memorandum, ‘‘Finished Carbon Steel
Flanges from Spain: Extension of Time Limit for
Final Results of Antidumping Duty Administrative
Review, 2019–2020,’’ dated October 27, 2021.
5
See Finished Carbon Steel Flanges from Spain:
Antidumping Duty Order, 82 FR 27229 (June 14,
2017) (Order).
6
See Memorandum, ‘‘Issues and Decisions
Memorandum for the Final Results of the
Antidumping Duty Administrative Review:
Finished Carbon Steel Flanges from Spain; 2019–
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–815]
Finished Carbon Steel Flanges From
Spain: Final Results of Antidumping
Duty Administrative Review; 2019–
2020
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) determines that sales of
finished carbon steel flanges (flanges)
from Spain were made at less than
normal value (NV) during the period of
review (POR) June 1, 2019, through May
31, 2020.
DATES
: Applicable January 6, 2022.
FOR FURTHER INFORMATION CONTACT
:
Marc Castillo or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0519 or (202) 482–6312,
respectively.
SUPPLEMENTARY INFORMATION
:
Background
On July 7, 2021, Commerce published
the Preliminary Results and invited
interested parties to comment.
1
These
final results cover eight companies for
which an administrative review was
initiated and not rescinded. On August
17, 2021, Weldbend Corporation and
Boltex Manufacturing Co., L.P.
(collectively, the petitioners) and ULMA
Forja, S.Coop (ULMA) submitted their
case briefs.
2
On August 24, 2021, the
petitioners and ULMA submitted their
rebuttal briefs.
3
On October 27, 2021,
Commerce extended the deadline for
these final results, until December 30,
2021.
4
Commerce conducted this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order
5
The scope of the Order covers
finished carbon steel flanges from
Spain. A full description of the scope of
the Order is contained in the Issues and
Decision Memorandum.
6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is 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 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
Memorandum, we made certain changes
from the Preliminary Results.
Final Results of Administrative Review
For these final results, we determine
that the following weighted-average
dumping margins exist for the period
June 1, 2019, through May 31, 2020:
Exporter/manufacturer
Weighted-
average
dumping
margin
(percent)
ULMA Forja, S.Coop ............ 5.76
Rate Applicable to the Following Non-
Selected Companies
Aleaciones De Metales
Sinterizados S.A ............... 5.76
Central Y Almacenes ............ 5.76
Farina Group Spain .............. 5.76
Friedrich Geldbach Gmbh .... 5.76
Grupo Cunado ...................... 5.76
Transglory S.A ...................... 5.76
Tubacero, S.L ....................... 5.76
Rate for Non-Selected Respondents
For the rate for non-selected
respondents in an administrative
review, 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. 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}.’’ In this segment of the
proceeding, we calculated a margin for
ULMA that was not zero, de minimis, or
based on facts available. Accordingly,
we have applied the margin calculated
for ULMA to the non-individually
examined respondents.
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
parties in this review within five days
after public announcement of the final
results or, if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
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747
Federal Register / Vol. 87, No. 4 / Thursday, January 6, 2022 / Notices
7
See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
8
See Order, 82 FR at 27229.
Assessment Rates
Commerce shall determine 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. For ULMA,
we calculated importer-specific
assessment rates 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 those
sales in accordance with 19 CFR
351.212(b)(1). Where an importer-
specific assessment rate is de minimis
(i.e., less than 0.5 percent), the entries
by that importer will be liquidated
without regard to antidumping duties.
For entries of subject merchandise
during the POR produced by ULMA 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.
7
For the companies
identified above that were not selected
for individual examination, we will
instruct CBP to liquidate entries at the
rates established in these 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).
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties will be effective upon publication
of this notice for all shipments of
flanges from Spain 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 the companies subject to this
review will be equal to the company-
specific weighted-average dumping
margin 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
completed 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 original investigation, but
the producer has been covered in a prior
completed segment of this proceeding,
then the cash deposit rate will be the
rate established in the completed
segment 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 18.81
percent, the all-others rate established
in the less-than-fair-value investigation
of this proceeding.
8
These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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 duties prior to
liquidation of the relevant entries
during this POR. 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
Regarding Administrative Protective
Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction or return 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 destruction or return
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: December 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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. Discussion of the Issues
Comment 1: Currency of Imputed Credit
Expenses
Comment 2: Scrap Offset
Comment 3: Differential Pricing
Methodology
Comment 4: Marine Insurance Currency
Comment 5: Rounding of General and
Administrative Expenses Ratio
V. Recommendation
[FR Doc. 2022–00018 Filed 1–5–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meeting
AGENCY
: International Trade
Administration, U.S. Department of
Commerce.
ACTION
: Notice of open meeting.
SUMMARY
: This notice sets forth the
schedule and proposed topics of
discussion for the upcoming public
meeting of the Advisory Committee on
Supply Chain Competitiveness
(Committee).
DATES
: The meeting will be held on
January 20, 2022, from 12:00 p.m. to
1:30 p.m., Eastern Standard Time (EST).
ADDRESSES
: The meeting will be held
via Webex.
FOR FURTHER INFORMATION CONTACT
:
Richard Boll, Office of Supply Chain,
Professional & Business Services,
International Trade Administration at
Email: richard.boll@trade.gov.
SUPPLEMENTARY INFORMATION
:
Background: The Committee was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C.
App.). It provides advice to the
Secretary of Commerce on the necessary
elements of a comprehensive policy
approach to supply chain
competitiveness and on regulatory
policies and programs and investment
priorities that affect the competitiveness
of U.S. supply chains. For more
information about the Committee visit:
https://www.trade.gov/acscc.
Matters To Be Considered: Committee
members are expected to continue
discussing the major competitiveness-
related topics raised at the previous
Committee meetings, including supply
chain resilience and congestion; trade
and competitiveness; freight movement
and policy; trade innovation; regulatory
issues; finance and infrastructure;
workforce development; and the work of
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