Notice2021-28269
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Notice of Second Amended Final Determination; Notice of Amended Order; Notice of Resumption of First and Reinitiation of Second Antidumping Duty Administrative Reviews; Notice of Opportunity for Withdrawal; and Notice of Assessment in Third Antidumping Duty Administrative Review
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
December 29, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 31, 2021, the Court of Appeals for the Federal Circuit (CAFC) issued its final judgment in Goodluck India Limited v. United States, Consol. Court no. 2020-2017, reversing and remanding the August 13, 2019 decision of the Court of International Trade (CIT). On November 17, 2021, in accordance with the CAFC's decision, the CIT issued a final judgment vacating its August 13, 2019 opinion and sustained the Department of Commerce (Commerce)'s final determination in the less-than-fair-value (LTFV) investigation of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India. Therefore, Commerce is hereby reinstating the final determination from the LTFV investigation and antidumping duty order with respect to the dumping margin assigned to Goodluck India Limited (Goodluck). As a result, we are: (1) Revising the prior revocation of the order with respect to Goodluck; (2) resuming the discontinued first administrative review with respect to Goodluck; (3) reinitiating the second administrative review with respect to all entries produced and exported by Goodluck during the period of review (POR); and (4) directing U.S. Customs and Border Protection (CBP) to assess final antidumping duties on all entries produced and exported by Goodluck during the third administrative review POR.
Full Text
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<title>Federal Register, Volume 86 Issue 247 (Wednesday, December 29, 2021)</title>
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[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74069-74071]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28269]
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DEPARTMENT OF COMMERCE
International Trade Administration
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
from India: Notice of Second Amended Final Determination; Notice of
Amended Order; Notice of Resumption of First and Reinitiation of Second
Antidumping Duty Administrative Reviews; Notice of Opportunity for
Withdrawal; and Notice of Assessment in Third Antidumping Duty
Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 31, 2021, the Court of Appeals for the Federal
Circuit (CAFC) issued its final judgment in Goodluck India Limited v.
United States, Consol. Court no. 2020-2017, reversing and remanding the
August 13, 2019 decision of the Court of International Trade (CIT). On
November 17, 2021, in accordance with the CAFC's decision, the CIT
issued a final judgment vacating its August 13, 2019 opinion and
sustained the Department of Commerce (Commerce)'s final determination
in the less-than-fair-value (LTFV) investigation of certain cold-drawn
mechanical tubing of carbon and alloy steel (cold-drawn mechanical
tubing) from India. Therefore, Commerce is hereby reinstating the final
determination from the LTFV investigation and antidumping duty order
with respect to the dumping margin assigned to Goodluck India Limited
(Goodluck). As a result, we are: (1) Revising the prior revocation of
the order with respect to Goodluck; (2) resuming the discontinued first
administrative review with respect to Goodluck; (3) reinitiating the
second administrative review with respect to all entries produced and
exported by Goodluck during the period of review (POR); and (4)
directing U.S. Customs and Border Protection (CBP) to assess final
antidumping duties on all entries produced and exported by Goodluck
during the third administrative review POR.
DATES: Applicable September 10, 2021.
FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482-5305.
SUPPLEMENTARY INFORMATION:
Background
On April 16, 2018, Commerce published its Final Determination in
the LTFV investigation of cold-drawn mechanical tubing from India.\1\
In the Final Determination, Commerce applied a rate based on adverse
facts available to Goodluck after finding that the company failed to
accurately report product ``control numbers'' in its home market sales
and cost of production databases.\2\ Although Goodluck attempted to
submit new databases at the start of Commerce's verification of
Goodluck's questionnaire responses, Commerce declined to accept the
revised information, determining that such a revision did not
constitute a ``minor correction.'' \3\ Therefore, Commerce assigned
Goodluck a rate of 33.80 percent. On June 11, 2018, Commerce published
its AD Order on cold-drawn mechanical tubing from India.\4\
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\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from India: Final Affirmative Determination of Sales at Less
than Fair Value, 83 FR 16296 (April 16, 2018) (Final Determination)
and accompanying Issues and Decision Memorandum (IDM).
\2\ See IDM at Comments 1 and 2.
\3\ Id. at Comment 1.
\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) (AD Order).
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Goodluck appealed Commerce's Final Determination. On August 13,
2019, the CIT remanded the Final Determination to Commerce and
instructed Commerce to consider the revised databases provided by
Goodluck.\5\ On remand, and under respectful protest, Commerce issued
its final results of redetermination in accordance with the Court's
order, calculating an estimated weighted-average dumping margin of 0.00
percent for Goodluck.\6\ In calculating the revised dumping margin for
Goodluck, Commerce relied on the corrections provided by Goodluck. On
April 30, 2020, the CIT sustained Commerce's Final Remand
Redetermination.\7\ On May 27, 2020, Commerce published the Amended
Final/Timken Notice relating to the
[[Page 74070]]
CIT's decision, in which we issued an amended final determination, and
partially revoked the Order with respect to Goodluck.\8\
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\5\ See Goodluck India Limited v. United States, Court No. 18-
00162, Slip Op. 19-110 (CIT August 13, 2019) (Remand Order).
\6\ See Final Results of Redetermination Pursuant to Court
Remand, Goodluck India Limited v. United States, Court No. 18-00162,
Slip Op. 19-110, dated December, 23 2019 (Final Redetermination),
available at <a href="https://access.trade.gov/resources/remands/19-110.pdf">https://access.trade.gov/resources/remands/19-110.pdf</a>.
\7\ See Goodluck India Limited v. United States, Court No. 18-
00162, Slip Op. 20-57 (CIT April 30, 2020).
\8\ 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) (Amended Final/Timken Notice).
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The petitioners \9\ challenged the CIT's decision sustaining the
Final Remand Redetermination and appealed the decision to the CAFC. On
August 31, 2021, the CAFC reversed and remanded the CIT's decision
affirming the Final Remand Redetermination.\10\ Following the CAFC's
decision, on November 17, 2021, the CIT subsequently vacated its Remand
Order and sustained Commerce's original Final Determination.\11\
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\9\ The petitioners are: ArcelorMittalTubular Products; Michigan
Seamless Tube, LLC; Plymouth Tube Co., USA; PTC Alliance Corp.;
Webco Industries, Inc.; and Zekelman Industries, Inc.
\10\ See Goodluck India Limited v. United States, 11 F.4th 1335
(Fed. Cir. 2021) (CAFC Goodluck Decision).
\11\ See Goodluck India Limited v. United States, Court No. 18-
00162, ECF No. 74 (CIT November 17, 2021).
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Amended Final Determination
Commerce is hereby revising the Amended Final Determination, which
was issued pursuant to the CIT's now-vacated judgement in the Amended
Final/Timken Notice. Consistent with Commerce's decision in the LTFV
investigation, Commerce is revising the Amended Final Determination and
assigning the following dumping margin to Goodluck:
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Estimated
weighted- Cash deposit
Exporter average rate (adjusted
dumping margin for offset(s))
(percent) (percent)
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Goodluck India Limited.................. 33.80 33.70
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Amended Antidumping Duty Order
As a result of this amended final determination, in which Commerce
assigned a dumping margin of 33.80 percent to Goodluck, Commerce is
reinstating the Order with respect to Goodluck.
Resumption of Discontinued Antidumping Duty Administrative Reviews for
Goodluck
In the Amended Final/Timken Notice, Commerce amended the final
determination and AD Order in this proceeding and stated that
``{a{time} s a result of this amended final determination, in which
Commerce has calculated an estimated weighted-average dumping margin of
0.00 percent for Goodluck, Commerce is hereby excluding merchandise
produced and exported by Goodluck from the AD Order.'' \12\ As a result
of the CIT's decision at that time, we discontinued the first
administrative review with respect to Goodluck \13\ and we did not
conduct a review of entries both produced and exported by Goodluck in
the second administrative review.\14\
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\12\ Timken Notice, 85 FR 31742.
\13\ See Certain Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from India: Preliminary Results of Antidumping Duty
Administrative Review, Partial Rescission of Review, and Partial
Discontinuation of Review; 2017-2019; 85 FR 66930 (October 21,
2020).
\14\ See 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, 86 FR 59982, 59984 (October 29, 2021).
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However, as discussed above, the CAFC reversed the CIT's decision,
and, as a result, Goodluck is now subject to the AD Order. Therefore,
we are resuming the first administrative review with respect to
Goodluck and are also reinitiating the second administrative review
with respect to all entries produced and exported by Goodluck during
the POR.\15\ We will not revisit these reviews for any company other
than Goodluck.
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\15\ The first review covers the period November 22, 2017,
through May 31, 2019. The second review covers the period June 1,
2019, through May 31, 2020. When Commerce previously conducted the
second administrative review, we only examined entries of subject
merchandise produced, but not exported by, Goodluck, and entries of
subject merchandise exported, but not produced by, Goodluck. Id.
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Given the unique circumstances at issue, Commerce is permitting
parties an opportunity to withdraw their request(s) for either
administrative review, if they wish to do so. Any such withdrawal
requests must be submitted within 14 days of publication of this
Federal Register notice on the record of the respective administrative
review in ACCESS.\16\ Parties are reminded that such requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date. If all review requests are withdrawn for
Goodluck for either administrative review, Commerce intends to issue a
subsequent Federal Register notice rescinding the administrative review
with respect to Goodluck and directing CBP to assess final antidumping
duties at 33.70 percent, the cash deposit rate that would have
prevailed in the absence of the now-vacated CIT decision.
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\16\ ACCESS is Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System, and is
available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>.
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Following the period for withdrawal of review requests, if there
are any remaining review requests for Goodluck, Commerce will invite
parties to provide comments relating to our approach in conducting
these administrative reviews (including, for example, whether Goodluck
should be treated as a mandatory respondent or a non-selected company).
A memorandum outlining the timeline for comments will be placed on the
records of each administrative review segment.
Notice of Assessment
Commerce did not receive a request for an administrative review of
the antidumping duty order with respect to Goodluck for the period of
June 1, 2020, through May 31, 2021, i.e., the third administrative
review. Therefore, in accordance with 19 CFR 351.212(c), we will
instruct CBP to liquidate all entries for Goodluck and to assess
antidumping duties on merchandise entered, or withdrawn from warehouse,
for consumption at 33.70 percent, the cash deposit rate that would have
prevailed in the absence of the now-vacated CIT decision.
Cash Deposit Requirements
Commerce will issue revised cash deposit instructions to CBP.
Effective September 10, 2021, Goodluck's cash deposit rate will be
33.70 percent.
[[Page 74071]]
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: December 21, 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.
[FR Doc. 2021-28269 Filed 12-28-21; 8:45 am]
BILLING CODE 3510-DS-P
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