Notice2021-23562
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 29, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Tube Products of India, Ltd., a unit of Tube Investments of India Limited (collectively, TII) made sales of subject merchandise in the United States at prices below normal value during the period of review (POR) June 1, 2019, through May 31, 2020. In addition, Commerce determines that Goodluck India Limited (Goodluck) had no shipments during the POR.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 207 (Friday, October 29, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 59982-59984]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23562]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-873]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Tube
Products of India, Ltd., a unit of Tube Investments of India Limited
(collectively, TII) made sales of subject merchandise in the United
States at prices below normal value during the
[[Page 59983]]
period of review (POR) June 1, 2019, through May 31, 2020. In addition,
Commerce determines that Goodluck India Limited (Goodluck) had no
shipments during the POR.
DATES: Applicable October 29, 2021.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0607 or (202)
482-5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 28, 2021, Commerce published the Preliminary Results of the
2019-2020 administrative review of the antidumping duty order on
certain cold-drawn mechanical tubing of carbon and alloy steel (cold-
drawn mechanical tubing) from India.\1\ The administrative review
covers two producers and/or exporters of the subject merchandise,
Goodluck \2\ and TII. For the events that occurred since Commerce
published the Preliminary Results, see the Issues and Decision
Memorandum.\3\ Commerce conducted this review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from India: Preliminary Results of Antidumping Duty
Administrative Review, 2019-2020, 86 FR 33980 (June 28, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ Commerce is only reviewing entries that were produced, but
not exported, by Goodluck, and/or entries that were exported, but
not produced, by Goodluck. Pursuant to a Court of International
Trade (CIT) decision, effective May 10, 2020, Commerce excluded from
the antidumping duty order certain cold-drawn mechanical tubing of
carbon and alloy steel that is produced and exported by Goodluck.
See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
from India: Notice of Court Decision Not in Harmony with Final
Determination of Sales at Less Than Fair Value; Notice of Amended
Final Determination Pursuant to Court Decision; and Notice of
Revocation of Antidumping Duty Order, in Part, 85 FR 31742 (May 27,
2020) (Timken Notice). On August 31, 2021, the Court of Appeals for
the Federal Circuit reversed the CIT's decision, finding that
Commerce's initial determination to reject Goodluck's supplemental
submission was supported by substantial evidence and not contrary to
law. See Goodluck India v. United States, 11 F.4th 1335 (Fed. Cir.
2021); Goodluck India Ltd. v. United States, 439 F. Supp. 3d 1366
(CIT 2020); and Goodluck India Ltd. v. United States, 393 F. Supp.
3d 1352 (CIT 2019).
\3\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Issues and Decision Memorandum
for the Final Results of Antidumping Duty Administrative Review;
2019-2020,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
The product covered by this Order is cold-drawn mechanical tubing
from India. A full description of the scope of the Order is contained
in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is in the appendix to
this notice. The Issues and Decision Memorandum is a public document
and is on file electronically 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 Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade/gov/public/FRNoticesListLayout.aspx">https://access.trade/gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
We made no changes to the Preliminary Results.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Goodluck did
not have shipments of subject merchandise during the POR.\5\ As we
received no information to contradict our preliminary determination, we
continue to find that Goodluck made no shipments of subject merchandise
to the United States during the POR. We will issue appropriate
instructions that are consistent with our ``automatic assessment''
clarification for Goodluck.
---------------------------------------------------------------------------
\5\ See Preliminary Results, 86 FR at 33981, and PDM at 5-6.
---------------------------------------------------------------------------
Final Results of the Administrative Review
We determine that the following weighted-average dumping margin
exists for the period June 1, 2019, through May 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Tube Products of India, Ltd., a unit of Tube Investments of 13.06
India Limited.............................................
------------------------------------------------------------------------
Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a final results of review in
accordance with 19 CFR 351.224(b). However, because Commerce made no
adjustments to the margin calculation methodology used in the
Preliminary Results, there are no calculations to disclose for the
final results of review.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
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).
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where the respondent
did not report entered value, we calculated importer-specific per-unit
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
quantity of those sales. Where an importer-specific assessment rate is
de minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated without regard to antidumping duties. To determine
whether an importer-specific per-unit duty assessment rate is de
minimis, we calculated an estimated entered value.
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
[[Page 59984]]
of this review and for future deposits of estimated duties, where
applicable.\6\
---------------------------------------------------------------------------
\6\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise during the POR produced by
TII for which it did not know the merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\7\ Additionally, because we
determined that Goodluck had no shipments of subject merchandise to the
United States during the POR, for entries of subject merchandise during
the POR produced, but not exported by Goodluck, and/or entries of
subject merchandise exported, but not produced by Goodluck, we will
instruct CBP to liquidate any entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\8\
---------------------------------------------------------------------------
\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\8\ For a full discussion, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May
6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of cold-drawn mechanical tubing from India entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results as provided by section 751(a)(2) of
the Act: (1) The cash deposit rate for TII will be equal to the
weighted-average dumping margin established in the final results of the
review; (2) for merchandise exported by producers or exporters not
covered in this review but covered in a prior completed segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review or the
original less-than-fair-value (LTFV) investigation, but the producer
is, then the cash deposit rate will be the rate established in the
completed segment for the most recent period for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 5.87 percent, the all-others rate
established in the LTFV investigation in this proceeding. \9\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\9\ See Order, 83 FR at 26962, 26965.
---------------------------------------------------------------------------
Notification to Importers
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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: October 25, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment: Section 232 Duties
V. Recommendation
[FR Doc. 2021-23562 Filed 10-28-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 29, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.