Notice2022-14568
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Preliminary Results of the Administrative Review of the Antidumping Duty Order and Preliminary Determination of No Shipments; 2020-2021
Primary source
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Published
July 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through May 31, 2021. We also determine that one exporter had no shipments of cold-drawn mechanical tubing to the United States during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 130 (Friday, July 8, 2022)</title>
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[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40790-40792]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14568]
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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 and Preliminary Determination of No Shipments;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. 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, 2020, through May 31, 2021. We also determine that one exporter
had no shipments of cold-drawn mechanical tubing to the United States
during the POR. We invite interested parties to comment on these
preliminary results.
DATES: Applicable July 8, 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 June 11, 2018, Commerce published the antidumping duty order on
cold-drawn mechanical tubing from Italy.\1\ On August 3, 2021, Commerce
[[Page 40791]]
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
administrative review covers two producers/exporters of the subject
merchandise.\3\ However, as discussed below, we preliminary find that
one of these producers/exporters, Metalfer SpA (Metalfer), had no
entries of subject merchandise into the United States during the POR.
Pursuant to section 751(a)(3)(A) of the Act, Commerce extended the
preliminary results by 120 days, until June 30, 2022.\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, 86 FR 41821 (August 3, 2021).
\3\ Id.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, 2020-2021,''
dated February 1, 2022.
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For details regarding the events that occurred subsequent to the
initiation of the review, see the Preliminary Decision Memorandum.\5\ 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
from Italy; 2020-2021,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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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 Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price is calculated in accordance with
section 772 of the Act. NV is calculated in accordance with section 773
of the Act. For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On August 4, 2021, Commerce released U.S. Customs and Border
Protection (CBP) data and allowed parties to comment.\6\ The CBP data
indicated that Dalmine S.p.A. (Dalmine) was the only respondent under
review that had entries during the POR. Although Metalfer timely
provided comments stating that it made a sale of subject merchandise
during the POR,\7\ it was unable to demonstrate, at Commerce's request,
that it had an associated POR entry.\8\ Based on the foregoing,
Commerce preliminarily determines that Metalfer did not have any
reviewable entries during the POR. For additional information regarding
this determination, see the Preliminary Decision Memorandum.
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\6\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data Query,'' dated August 4, 2021.
\7\ See Metalfer's Letter, ``Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from Italy: Comments on CBP Data,''
dated August 10, 2021.
\8\ See Metalfer's Letter, ``Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from Italy: Response to Request for
Documentation,'' dated September 1, 2021.
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Consistent with Commerce's practice, we are not preliminarily
rescinding the review with respect to Metalfer but, rather, we will
complete the review with respect to Metalfer and issue appropriate
instructions to CBP based on the final results of this review.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period June 1, 2020, through May 31,
2021:
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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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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 each 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.\9\
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\9\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
Dalmine or Metalfer for which that company did not know that the
merchandise was destined for the United States, we will instruct CBP to
liquidate those entries at 47.87 percent, the all-others rate
established in the less-than-fair-value (LTFV) investigation,\10\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\11\
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\10\ See Order.
\11\ 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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We intend to issue liquidation instructions to CBP 35 days after
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 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;
(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
[[Page 40792]]
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 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,\12\ 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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\12\ 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 preliminary results.\13\
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.\14\ 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.\15\ Executive summaries should be limited to five pages
total, including footnotes. Case and rebuttal briefs should be filed
using ACCESS \16\ and must be served on interested parties.\17\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
\18\ 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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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 Commerce's electronic records system, 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; and (3) 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.
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
351.221(b)(4).
Dated: June 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-14568 Filed 7-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 8, 2022.
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