Notice2022-19629
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Results of Countervailing Duty Administrative Review; 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
September 12, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds countervailable subsidies are being provided to producers and exporters of certain cold-drawn mechanical tubing of carbon and alloy steel (cold- drawn mechanical tubing) from India during the period of review, January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 175 (Monday, September 12, 2022)</title>
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[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55783-55785]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19629]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-874]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Final Results of Countervailing Duty Administrative Review;
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds
countervailable subsidies are being provided to producers and exporters
of
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certain cold-drawn mechanical tubing of carbon and alloy steel (cold-
drawn mechanical tubing) from India during the period of review,
January 1, 2020, through December 31, 2020.
DATES: Applicable September 12, 2022.
FOR FURTHER INFORMATION CONTACT: Eric Hawkins, 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) 482-1988.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on March
3, 2022.\1\ On June 21, 2022, Commerce extended the deadline for the
final results of this review until August 30, 2022.\2\ 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 India: Preliminary Results of Countervailing Duty
Administrative Review; 2020, 87 FR 12084 (March 3, 2022)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Extension of Deadline for Final
Results of Countervailing Duty Administrative Review, 2020,'' dated
June 21, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Countervailing Duty Administrative Review: Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India;
2020,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from the People's Republic of China and India: Countervailing
Duty Orders, 83 FR 4637 (February 1, 2018) (Order); see also Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the
People's Republic of China and India: Countervailing Duty Orders;
Correction, 86 FR 30595 (June 9, 2021).
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The merchandise covered by the Order is cold-drawn mechanical
tubing from India. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties and to which we responded in the Issues and Decision
Memorandum is provided in an 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
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes for these final results of review.
Methodology
Commerce conducted this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a financial contribution from a government or public
entity that gives rise to a benefit to the recipient, and the subsidy
is specific.\5\ For a full description of the methodology underlying
our conclusions, see the Issues and Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Review
We made no changes to the methodology for determining a rate for
companies not selected for individual examination from the Preliminary
Results. However, due to changes in calculations for Tube Investments
of India Ltd., the non-selected rate changed for each of the non-
selected companies for which a review was requested and not rescinded,
and which were not selected as mandatory respondents.\6\
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\6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
notice.
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Final Results of Review
We determine the total estimated net countervailable subsidy rates
for the period January 1, 2020, through December 31, 2020, to be as
follows:
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\7\ Entries for Goodluck India Limited may have been made under
the following company names: Goodluck India Limited (formerly Good
Luck Steel Tubes Limited); Good Luck Steel Tubes Limited Good Luck
House; and Good Luck Industries.
\8\ Tube Investments of India Ltd. is also known as Tube
Investments of India Limited.
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Subsidy rate
Company (percent ad
valorem)
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Goodluck India Limited \7\.............................. 3.30
Tube Investments of India Ltd \8\....................... 5.94
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Review-Specific Average Rate Applicable to the Following Companies
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KLT Automotive and Tubular Products Limited............. 4.07
Metamorphosis Engitech India Private Limited............ 4.07
Pennar Industries Limited India......................... 4.07
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Disclosure
Commerce will disclose to interested parties the calculations
performed in connection with 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 determination in
the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties on all
appropriate entries covered by this review. Commerce intends to issue
appropriate assessment instructions to CBP no earlier than 35 days
after publication of these final results. 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
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, CBP will continue to collect
cash deposits of estimated countervailing duties at the most recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposit instructions, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an
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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
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 terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: August 30, 2022.
Lisa W. Wang,
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. Subsidies Valuation Information
VI. Analysis of the Programs
VII. Discussion of the Issues
Comment 1: Whether to Correct for Certain Calculation Errors for
TII
Comment 2: Countervailability of Steel Authority of India Ltd.
(SAIL) for Less Than Adequate Renumeration (LTAR) Program
Comment 3: Whether to Revise the Calculation for the Merchandise
Export from India Scheme (MEIS) for TII
Comment 4: Whether to Countervail Certain Programs Located in a
Special Economic Zone (SEZ)
Comment 5: Whether to Include Deemed Exports in Certain
Denominators
VIII. Recommendation
[FR Doc. 2022-19629 Filed 9-9-22; 8:45 am]
BILLING CODE 3510-DS-P
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