Notice2021-28447
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Final Results of Antidumping Duty Administrative Review; 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
January 3, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from Italy was not sold in the United States at less than normal value during the period of review (POR) June 1, 2019, through May 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 1 (Monday, January 3, 2022)</title>
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[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 71-72]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28447]
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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: Final Results of Antidumping Duty Administrative Review;
2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn
mechanical tubing) from Italy was not sold in the United States at less
than normal value during the period of review (POR) June 1, 2019,
through May 31, 2020.
DATES: Applicable January 3, 2022.
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 July 8, 2021, Commerce published the Preliminary Results.\1\
Commerce extended the deadline for the final results by 60 days on
October 20, 2021.\2\ The deadline for the final results of this review
is now January 4, 2022. For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\3\
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\1\ See 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, 86 FR 36096 (July 8, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from Italy: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2019-2020,'' dated October
20, 2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Administrative Review of the
Antidumping Duty Order on Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from Italy,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by this order are certain cold-drawn
mechanical tubing of carbon and alloy steel from Italy. For a full
description of the scope, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an appendix. 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
Based on a review of the record and comments received from
interested parties, we made changes to the programming language to
correct three errors.\4\
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\4\ Id. at ``Changes Since Preliminary Results.''
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Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for the period June 1, 2019, through May 31, 2020:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Dalmine S.p.A.............................................. 0.00
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Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with the final results within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Because the weighted-average dumping
margin is zero for Dalmine S.p.A. (Dalmine), we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\5\
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\5\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103, 8103 (February 14,
2012).
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For entries of subject merchandise during the POR produced by
Dalmine for which it did not know its 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.\6\
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\6\ 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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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).
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
final results of this administrative review, as provided
[[Page 72]]
by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for
Dalmine will be zero; (2) for merchandise exported by producers or
exporters not covered in this administrative 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; (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, the cash deposit rate will be the
rate established for the most recently-completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 47.87 percent,\7\ 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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\7\ 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).
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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 has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a final 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/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: December 27, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Dalmine's Reported Surface Finishing Costs
Comment 2: Use of the Reported Variance in the Major Input
Adjustment
Comment 3: Incomplete Field Name
Comment 4: U.S. Indirect Selling Expenses
VI. Recommendation
[FR Doc. 2021-28447 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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