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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices DEPARTMENT OF COMMERCE
International Trade Administration C533878

Stainless Steel Flanges From India:
Preliminary Results of Countervailing Duty Administrative Review; 2019
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce Commerce preliminarily determines that countervailable subsidies are being provided to producers and exporters of stainless steel flanges from India during the period of review, January 1, 2019, through December 31, 2019. Interested parties are invited to comment on these preliminary results.
DATES: Applicable November 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Rachel Greenberg or Eliza Siordia, AD/
CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
202 4821110 or 202 4823878, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:

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Background On December 8, 2020, Commerce published a notice of initiation of an administrative review of the countervailing duty order on stainless steel flanges from India.1 On June 2, 2021, Commerce extended the time period for issuing these preliminary results by 118 days, in accordance with section 751a3A of the Tariff Act of 1930, as amended the Act.2 The revised deadline for these preliminary results is now October 29, 2021.
For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included at the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically 1 See Initiation and Countervailing Duty Administrative Reviews, 85 FR 78990 December 8, 2020; see also Stainless Steel Flanges from India:
Countervailing Duty Order, 83 FR 50336 October 5, 2018 Order.
2 See Memorandum, Stainless Steel Flanges from India: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review, 2019, dated June 2, 2021.
3 See Memorandum, Decision Memorandum for the Preliminary Results of Countervailing Duty Administrative Review: Stainless Steel Flanges from India; 2019, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.

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via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at http
access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order The merchandise covered by the Order are stainless steel flanges from India. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.
Methodology Commerce is conducting this review in accordance with section 751a1A
of the Act. For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution that gives rise to a benefit to the recipient, and the subsidy is specific.4
For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.
Companies Not Selected for Individual Review The Act and Commerces regulations do not directly address the subsidy rate to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777Ae2 of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705c5 of the Act, which provides instructions for calculating the all-others rate in an investigation.
Section 777Ae2 of the Act provides that the individual countervailable subsidy rates determined under subparagraph A shall be used to determine the all-others rate under section 705c5 of the Act. Section 705c5A of the Act states that for companies not investigated, in general, we will determine an all-others rate by weight-averaging the countervailable subsidy rates established for each of the companies individually investigated, excluding zero and de minimis rates or any rates based solely on the facts available.
Accordingly, to determine the rate for companies not selected for individual examination, Commerces practice is to 4 See sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.

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weight average the net subsidy rates for the selected mandatory companies, excluding rates that are zero, de minimis, or based entirely on facts available.5 We preliminarily determine that Chandan Steel Limited Chandan and Kisaan Die Tech Pvt Ltd. Kisaan received countervailing subsidies that are above de minimis and are not based entirely on facts available. Therefore, we preliminarily determine to apply the weighted-average of the net subsidy rates calculated for Chandan and Kisaan using publicly-ranged sales data submitted by those respondents to the non-selected companies.6 For a list of the 54 companies for which a review was requested, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent, see Appendix II
to this notice.
Preliminary Results of Review For the period January 1, 2019, through December 31, 2019, we preliminarily find that the following net subsidy rates exist:
Company Chandan Steel Limited
Kisaan Die Tech Pvt. Ltd
Non-Selected Companies Under Review 7

Subsidy rate percent ad valorem 5.51
5.28
5.49

Assessment Rate Consistent with section 751a2C of the Act, upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection CBP shall assess, countervailing duties on all appropriate entries in accordance with the final results of this review. If the assessment rate calculated in the final results in zero or de minimis, we will instruct CBP to liquidate all appropriate entries without regard to countervailing duties. 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.
5 See, e.g., Certain Pasta from Italy: Final Results of the 13th 2008 Countervailing Duty Administrative Review, 75 FR 37386, 37387 June 29, 2010.
6 See Memorandum, Calculation of Subsidy Rate for Non-Selected Companies Under Review, dated October 29, 2021.
7 See Appendix II for a list of companies not selected for individual examination.

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