[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34337-34338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13567]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-810]
Stainless Steel Bar From India: Final Results of Antidumping Duty
Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 1, 2013, the Department of Commerce (Department)
published the preliminary results of the administrative review of the
antidumping duty order on stainless steel bar from India (Preliminary
Results).\1\ The review covers shipments of subject merchandise to the
United States for the period February 1, 2011, through January 31,
2012, by Ambica Steels Limited (Ambica). We continue to find that
Ambica has not sold subject merchandise at less than normal value.
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\1\ See Stainless Steel Bar from India: Preliminary Results of
the Antidumping Duty Administrative Review, 78 FR 7395 (February 1,
2013) (Preliminary Results).
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DATES: As of June 7, 2013.
FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Yasmin Nair, AD/CVD
Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-1293,
or (202) 482-3813, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is stainless steel bar. The
stainless steel bar 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 (HTS). The HTS subheadings
are provided for convenience and customs purposes. For a full
description of the scope of the order, see Memorandum to Paul Piquado,
Assistant Secretary for Import Administration, from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, ``Issues and Decision Memorandum for the 2011-2012
Administrative Review of Stainless Steel Bar from India'' (Final IDM).
The written description is dispositive.
Analysis of Comments Received
All issues raised in the case briefs are addressed in the Final
IDM, dated concurrently and hereby adopted by this notice. A list of
the issues which parties raised and to which we responded in the Final
IDM is attached to this notice as an Appendix. The Final IDM is a
public document and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at http://iaaccess.trade.gov and in the Central
Records Unit (CRU), Room 7046 of the main Department of Commerce
building. In addition, a complete version of the Final IDM can be
accessed directly on the Internet at http://www.trade.gov/ia/. The
signed Final IDM and the electronic versions of the Final IDM are
identical in content.
Changes From the Preliminary Results
Based on our analysis of the comments received since the
Preliminary Results, we have made the following changes in calculating
Ambica's weighted-average dumping margin for the final results: (1) We
removed the billing adjustments from the net prices in the comparison
and U.S. markets; (2) we capped packing revenue by the amount of
packing revenue Ambica recouped from certain customers; and, (3) we re-
classified a previously affiliated loan from the Preliminary Results as
non-affiliated and recalculated Ambica's net financial expense ratio,
excluding the previously affiliated loan. See Memorandum to the File
from Joseph Shuler, ``Final Results Calculation Memorandum for
Ambica,'' June 3, 2013, and Memorandum to Neal M. Halper, Director,
Office of Accounting, through Peter S. Scholl, Lead Accountant, from
Sheikh M. Hannan, Senior Accountant, titled ``Cost Calculation
Adjustment Memorandum for the Final Results,'' June 3, 2013.
Final Results of the Review
We determine that the following weighted-average dumping margin
exists for Ambica for the period February 1, 2011, through January 31,
2012.
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Margin
Exporter/manufacturer (percent)
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Ambica Steels Limited....................................... 0.00
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Disclosure
Pursuant to 19 CFR 351.224(b), we intend to disclose calculation
memoranda used in our analysis to parties to these proceedings within
five days of the date of publication of this notice.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), the Department will
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. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these final results of review.
In accordance with the Final Modification, we will instruct CBP to
liquidate Ambica's entries covered in
[[Page 34338]]
this review without regard to antidumping duties.\2\
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\2\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the period of review produced by Ambica for which
Ambica did not know the merchandise was destined for the United States.
In such instances, we will instruct CBP to liquidate un-reviewed
entries at 12.45 percent, the ``all others'' rate established in the
LTFV investigation if there is no rate for the intermediate
company(ies) involved in the transaction. See Notice of Final
Determination of Sales at Less Than Fair Value: Stainless Steel Bar
from India, 59 FR 66915 (December 28, 1994); see also Assessment Policy
Notice.
Cash Deposit Requirements
The following deposit rates will be effective upon publication of
the final results of this administrative review for all shipments of
stainless steel bar from India entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) For the company covered by this
review, the cash deposit rate will be zero; (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 recent
final results 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 LTFV investigation, but the producer is, the cash
deposit rate will be the rate established for the most recent final
results for the manufacturer of the merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this or any previous
review conducted by the Department, the cash deposit rate will be 12.45
percent, the ``all others'' rate established in the LTFV
investigation.\3\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\3\ See Notice of Final Determination of Sales at Less Than Fair
Value: Stainless Steel Bar from India, 59 FR 66915 (December 28,
1994).
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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 double antidumping duties.
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/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 review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
Comment 1: Whether Ambica Has Withheld Information Related to
Affiliated Companies
Comment 2: Whether Ambica Has Been Uncooperative or Withheld
Information
Comment 3: Whether the Department should re-classify certain Ambica
transactions as constructed export price sales
Comment 4: Whether the Department should adjust the interest rate on
Ambica's loans provided from non-affiliates
Comment 5: Whether the Department erred in the calculation of net
U.S. and home market prices
Comment 6: Whether the Department should correct its calculation of
the per-unit G&A and Interest Expenses
[FR Doc. 2013-13567 Filed 6-6-13; 8:45 am]
BILLING CODE 3510-DS-P