Federal Register - January 29, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices Based on affirmative final determinations by the Department of Commerce Commerce and the International Trade Commission ITC, Commerce is issuing antidumping duty orders on forged steel fluid end blocks from the Federal Republic of Germany Germany and Italy. In addition, Commerce is amending its final affirmative determination with respect to Germany.
DATES: Applicable January 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Katherine Johnson Germany or Hermes Pinilla Italy, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: 202 4824929 or 202 4823477, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background On December 11, 2020, Commerce published its affirmative final determinations in the less-than-fairvalue LTFV investigations of forged steel fluid end blocks from Germany and Italy.1 On December 14, 2020, Commerce received a ministerial error allegation with respect to its final determination in the forged steel fluid end blocks from Germany investigation.2 See the Amendment to Final Determination for Germany section of this notice for further discussion. On January 25, 2021, the ITC notified Commerce of its final determinations, pursuant to section 735d of the Tariff Act of 1930, as amended the Act, that an industry in the United States is materially injured within the meaning of section 735b1Ai of the Act by reason of LTFV imports of forged steel fluid end blocks from Germany and Italy.3
Scope of the Orders
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The product covered by these orders is forged steel fluid end blocks from Germany and Italy. For a complete description of the scope of these orders, see the Appendix to this notice.
1 See Forged Steel Fluid End Blocks from the Federal Republic of Germany: Final Determination of Sales at Less Than Fair Value, 85 FR 80018
December 11, 2020 Germany Final Determination; and Forged Steel Fluid End Blocks from Italy: Final Determination of Sales at Less Than Fair Value, 85 FR 79996 December 11, 2020.
2 See FEB Fair Trade Coalitions Letter, Forged Steel Fluid End Blocks from Germany: Petitioners Allegation of Ministerial Errors in the Final Determination, dated December 14, 2020.
3 See ITC Notification Letter, Investigation Nos.
701TA632635 and 731TA1466 and 1468
Final, dated January 25, 2021 ITC Notification Letter.
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Amendment to Final Determination for Germany A ministerial error is defined as an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.4 Pursuant to section 735e of the Act and 19 CFR 351.224e and f, Commerce is amending the Germany Final Determination to reflect the correction of a ministerial error in the final estimated weighted-average dumping margin calculated for BGH
Edelstahl Siegen GmbH BGH.5 In addition, because BGHs estimated weighted-average dumping margin is the basis for the estimated weightedaverage dumping margins for Schmiedewerke Groditz GmbH SWG
and voestalpine Bohler Group voestalpine, as well as the estimated weighted-average dumping margin determined for all other German producers and exporters of subject merchandise, we also are revising the estimated weighted-average dumping margins for SWG, voestalpine and the all-others rate in the Germany Final Determination.6
Antidumping Duty Orders On January 25, 2021, in accordance with section 735d of the Act, the ITC
notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of imports of forged steel fluid end blocks from Germany and Italy.7
Therefore, in accordance with section 735c2 of the Act, Commerce is issuing these antidumping duty orders.
Because the ITC determined that imports of forged steel fluid end blocks from Germany and Italy are materially injuring a U.S. industry, unliquidated entries of such merchandise from Germany and Italy, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736a1 of the Act, Commerce will 4 See section 735e of the Act; see also 19 CFR
351.224f.
5 See Memorandum, Final Determination of Sales at Less-Than-Fair-Value: Forged Steel Fluid End Blocks from the Federal Republic of Germany:
Ministerial Error Allegation, dated December 23, 2020 Ministerial Error Memorandum.
6 See infra, section on Estimated WeightedAverage Dumping Margins; see also Ministerial Error Memorandum.
7 See ITC Notification Letter; see also Fluid End Blocks from China, Germany, India, and Italy Inv.
Nos. 701TA632635 and 731TA1466 and 1468
Final, USITC Publication 5152, January 2021.
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direct U.S. Customs and Border Protection CBP to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price or constructed export price of the merchandise, for all relevant entries of forged steel fluid end blocks from Germany and Italy. With the exception of entries occurring after the expiration of the provisional measures period and before publication of the ITCs final affirmative injury determinations, as further described below, antidumping duties will be assessed on unliquidated entries of forged steel fluid end blocks from Germany and Italy entered, or withdrawn from warehouse, for consumption, on or after July 23, 2020, the date of publication of the preliminary determinations.8
Continuation of Suspension of Liquidation Except as noted in the Provisional Measures section of this notice, in accordance with section 735c1B of the Act, Commerce will instruct CBP to continue to suspend liquidation on all relevant entries of forged steel fluid end blocks from Germany and Italy. These instructions suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the tables below.
Accordingly, effective on the date of publication in the Federal Register of the notice of the ITCs final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the rates listed below. The relevant all-others rate applies to all producers or exporters not specifically listed.
Because the estimated weightedaverage dumping margin is zero for subject merchandise produced and exported by Metalcam S.p.A., entries of shipments of subject merchandise from this producer/exporter combination are excluded from the antidumping duty order on subject merchandise from Italy.
This exclusion will not be applicable to 8 See Forged Steel Fluid End Blocks from the Federal Republic of Germany: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR
44513 July 23, 2020 Germany Preliminary Determination; and Forged Steel Fluid End Blocks from Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 44500 July 23, 2020 Italy Preliminary Determination.
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