# Forged Steel Fluid End Blocks From Germany: Preliminary Results of Antidumping Duty Administrative Review and Rescission, in Part; 2022
**AGENCY:**
Enforcement and Compliance, International Trade Administration, Department of Commerce.
**SUMMARY:**
The U.S. Department of Commerce (Commerce) preliminarily determines that forged steel fluid end blocks (FEBs) from Germany were sold in the United States at prices below normal value during the period of review (POR) January 1, 2022, through December 31, 2022. Interested parties are invited to comment on these preliminary results.
**DATES:**
Applicable February 7, 2024.
**FOR FURTHER INFORMATION CONTACT:**
Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3148.
**SUPPLEMENTARY INFORMATION:**
**Background**
On January 29, 2021, Commerce published the antidumping duty order on FEBs from Germany. [^1] On January 31, 2023, Commerce received requests for an administrative review from BGH Edelstahl Siegen GmbH (BGH) and the petitioners. [^2] On March 14, 2023, in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the *Order,* covering six companies, including BGH. [^3] On April 28, 2023, the petitioners withdrew their request for review for all companies except BGH. [^4] Thus, there are no outstanding review requests for any company other than BGH. Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), on September 18, 2023, Commerce extended the deadline for the preliminary results until January 31, 2024. [^5]
[^1]*See Forged Steel Fluid End Blocks from the Federal Republic of Germany and Italy: Amended Final Antidumping Duty Determination for the Federal Republic of Germany and Antidumping Duty Orders,* 86 FR 7528 (January 29, 2021) ( *Order* ).
[^2]*See* BGH's Letter, “Request for Administrative Review,” dated January 31, 2023; *see also* Petitioners' Letter, “Request for Administrative Review,” dated January 31, 2023. The petitioners are: Ellwood City Forge Company, Ellwood Quality Steels Company, Ellwood National Steel Company, and A. Finkl & Sons.
[^3]*See Initiation of Antidumping and Countervailing Duty Administrative Reviews,* 88 FR 15642 (March 14, 2023).
[^4]*See* Petitioners' Letter, “Petitioners' Withdrawal of Request for 2022 Administrative Review for Certain Entities,” dated April 28, 2023.
[^5]*See* Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated September 28, 2023.
For a detailed description of the events that followed the initiation of this review, *see* the Preliminary Decision Memorandum. [^6] A list of topics discussed in the Preliminary Decision Memorandum is attached as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is available 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 Preliminary Decision Memorandum can be accessed directly at *https://access.trade.gov/public/FRNoticesListLayout.aspx.*
[^6]*See* Memorandum, “Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review and Rescission, in Part: Forged Steel Fluid End Block from Germany; 2022,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
**Scope of the Order**
The products covered by this review are fluid end blocks from Germany, whether in finished or unfinished form, and which are typically used in the manufacture or service of hydraulic pumps. For a full description of the scope of the *Order, see* the Preliminary Decision Memorandum.
**Partial Rescission of Administrative Review**
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation. On April 28, 2023, we received a timely withdrawal request from the petitioners for their review requests for all companies except BGH. [^7] Because no other party requested a review of those companies, Commerce is rescinding this review with respect to the following five companies, in accordance with 19 CFR 351.213(d)(1): Buderus Edelstahl GmbH, Deutsche Edelstahlwerke GmbH, Saarschmiede GmbH Freiformschmiede, Schmiedewerke Gröditz GmbH, and voestalpine Böhler Group.
[^7]*See* Petitioners' Letter, “Petitioners' Withdrawal of Request for 2022 Administrative Review for Certain Entities,” dated April 28, 2023.
**Methodology**
Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Act. We calculated export price in accordance with section 772(a) of the Act. For a full description of the methodology underlying these preliminary results, *see* the Preliminary Decision Memorandum.
**Preliminary Results of the Review**
We preliminarily determine the following estimated weighted-average dumping margin for the period January 1, 2022, through December 31, 2022.
| Exporter or Producer | Weighted- |
| --- | --- |
| BGH Edelstahl Siegen GmbH | 19.96 |
**Disclosure and Public Comment**
Commerce intends to disclose the calculations performed for these preliminary results of review to interested parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date for filing case briefs. [^8] Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. [^9]
[^8]*See* 19 CFR 351.309(d); *see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,* 88 FR 67069, 67077 (September 29, 2023) ( *APO and Final Service Rule* ).
[^9]*See* 19 CFR 351.309(c)(2) and (d)(2).
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. [^10] Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). [^11]
[^10] We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
[^11]*See APO and Final Service Rule.*
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; (3) whether any participant is a foreign national; and (4) a list of issues the party intends to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. [^12]
[^12]*See* 19 CFR 351.310(c).
All submissions should be filed using ACCESS, [^13] and must be served on interested parties. [^14]
[^13]*See* 19 CFR 351.303.
[^14]*See* 19 CFR 351.303(f).
Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
**Assessment Rates**
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce 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. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this administrative 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).
If BGH's weighted-average dumping margin is not zero or *de minimis* ( *i.e.,* less than 0.50 percent) in the final results of this review, Commerce intends to calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer's examined sales to the total entered value of those sales. Where we do not have entered values for all U.S. sales to a particular importer, we will calculate an importer-specific, per-unit assessment rate on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales to the total quantity of those sales. [^15] To determine whether an importer-specific, per-unit assessment rate is *de minimis,* in accordance with 19 CFR 351.106(c)(2), we also will calculate an importer-specific *ad valorem* ratio based on estimated entered values. If BGH's weighted-average dumping margin is zero or *de minimis* or where an importer-specific *ad valorem* assessment rate is zero or *de minimis,* we will instruct CBP to liquidate appropriate entries without regard to antidumping duties. [^16]
[^15]*See* 19 CFR 351.212(b)(1).
[^16]*See* 19 CFR 351.106(c)(2); *see also Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification,* 77 FR 8101, 8103 (February 14, 2012).
In accordance with Commerce's “automatic assessment” practice, for entries of subject merchandise during the POR produced by BGH for which it did not know that the merchandise was destined for the United States, we intend to instruct CBP to liquidate those entries at the all-others rate in the original less-than-fair-value investigation if there is no rate for the intermediate company(ies) involved in the transaction. [^17]
[^17] For a full discussion of this practice, *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,* 68 FR 23954 (May 6, 2003).
For the companies listed above for which the review is being rescinded, antidumping duties shall be assessed on entries at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP for the rescinded companies no earlier than 35 days after the date of publication of the preliminary results of this administrative review in the *Federal Register* .”
**Cash Deposit Requirements**
The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for BGH will be equal to the weighted-average dumping margin established in the final results of this review (except, if that rate is *de minimis* within the meaning of 19 CFR 351.106(c)(1), then the cash deposit rate will be zero); (2) for producers 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 they were reviewed; (3) if the exporter is not a firm covered in this review or a prior segment of the proceeding but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 4.79 percent, the all-others rate established in the less-than-fair-value investigation. [^18] These cash deposit requirements, when imposed, shall remain in effect until further notice.
[^18]*See Order,* 86 FR at 7530.
**Notification to Importers**
This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties.
**Notification to Interested Parties**
We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(2) and 351.221(b)(4).
Dated: January 31, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
**Appendix**
**List of Topics Discussed in the Preliminary Decision Memorandum**
I. Summary
II. Background
III. Scope of the *Order*
IV. Partial Rescission of Administrative Review
V. Affiliations
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation