Notice2021-14560
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 2019-2020
Primary source
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Published
July 8, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that sales of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from Italy have not been made at less than normal value (NV) during the period of review (POR) June 1, 2019, through May 31, 2020. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 128 (Thursday, July 8, 2021)</title>
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[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36096-36098]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14560]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-838]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From Italy: Preliminary Results of the Administrative Review of the
Antidumping Duty Order; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of certain cold-drawn mechanical tubing of carbon and alloy
steel (cold-drawn mechanical tubing) from Italy have not been made at
less than normal value (NV) during the period of review (POR) June 1,
2019, through May 31, 2020. We invite interested parties to comment on
these preliminary results.
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, 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) 482-6274.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2018, Commerce published the antidumping duty order on
cold-drawn mechanical tubing from Italy.\1\ On August 6, 2020, Commerce
[[Page 36097]]
initiated an administrative review of the antidumping duty order on
cold-drawn mechanical tubing from Italy in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\2\ This review
covers one producer/exporter of subject merchandise, Dalmine S.p.A.
(Dalmine).\3\ For details regarding the events that occurred subsequent
to the initiation of the review, see the Preliminary Decision
Memorandum.\4\
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\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from the People's Republic of China, the Federal Republic of
Germany, India, Italy, the Republic of Korea, and Switzerland:
Antidumping Duty Orders; and Amended Final Determinations of Sales
at Less Than Fair Value for the People's Republic of China and
Switzerland, 83 FR 26962 (June 11, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 47731 (August 6, 2020) (Initiation
Notice).
\3\ Id., 85 FR at 47734.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order:
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from
Italy; 2019-2020,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Pursuant to section 751(a)(3)(A) of the Act, Commerce determined
that it was not practicable to complete the preliminary results of this
review within the 245 days and extended these preliminary results by
120 days, until June 30, 2021.\5\
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\5\ See Memorandum, ``Certain Cold Drawn Mechanical Tubing from
Italy: Extension of Deadline for Preliminary Results of the
Antidumping Duty Administrative Review, 2019-2020,'' dated February
3, 2021.
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Scope of the Order
The products covered by the Order are certain cold-drawn mechanical
tubing of carbon and alloy steel products from Italy. For a full
description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated export price and constructed export
price in accordance with section 772 of the Act. We calculated NV in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum. A list of topics included in the Preliminary
Decision Memorandum is included as an appendix to this notice. The
Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum is
available at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period June 1, 2019, through May 31,
2020:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Dalmine S.p.A.............................................. 0.00
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Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. If Dalmine's weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review, we will calculate importer-
specific ad valorem antidumping duty assessment rates based on the
ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is not zero or de minimis. If Dalmine's
weighted-average dumping margin is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\6\
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\6\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Dalmine
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate in the original less-than-fair value (LTFV)
investigation (i.e., 47.87 percent) \7\ if there is no rate for the
intermediate company(ies) involved in the transaction.\8\
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\7\ See Order.
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Consistent with its recent notice,\9\ 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).
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\9\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Dalmine in the
final results of review will be equal to the weighted-average dumping
margin established in the final results of this administrative review
except if the rate is less than 0.50 percent and, therefore, de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for merchandise exported by 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 the original LTFV investigation 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; (4) the cash deposit rate for all other
producers or exporters will continue to be 47.87 percent,\10\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the
[[Page 36098]]
preliminary results.\11\ Pursuant to 19 CFR 351.309(c), interested
parties may submit case briefs 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.\12\ 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.\13\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\14\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\15\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of issues to be discussed. 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 time and date to be determined.
Parties should confirm the date and time of the hearing two days before
the scheduled date. Parties are reminded that all briefs and hearing
requests must be filed electronically using ACCESS and received
successfully in their entirety by 5:00 p.m. Eastern Time on the due
date.
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\15\ See 19 CFR 351.310(c).
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Final Results of Review
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).
Notification to Importers
This notice also 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 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 doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: June 30, 2021.
Christian Marsh,
Acting 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. Discussion of the Methodology
V. Product Comparisons
VI. Date of Sale
VII. Export Price and Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-14560 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 8, 2021.
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