Notice2022-26449
Welded Stainless Pressure Pipe From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021
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 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Ratnamani Metals & Tubes Ltd. (Ratnamani) made sales of subject merchandise at less than normal value (NV) in the United States during the November 1, 2020, through October 31, 2021, period of review (POR). We are also rescinding this review for Hindustan Inox, Ltd. (Hindustan Inox) where timely requests for withdrawal were filed by the party who requested its review. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 233 (Tuesday, December 6, 2022)</title>
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[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74602-74604]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26449]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867]
Welded Stainless Pressure Pipe From India: Preliminary Results
and Partial Rescission of Antidumping Duty Administrative Review; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Ratnamani Metals & Tubes Ltd. (Ratnamani) made sales of subject
merchandise at less than normal value (NV) in the United States during
the November 1, 2020, through October 31, 2021, period of review (POR).
We are also rescinding this review for Hindustan Inox, Ltd. (Hindustan
Inox) where timely requests for withdrawal were filed by the party who
requested its review. We invite interested parties to comment on these
preliminary results.
DATES: Applicable December 6, 2022.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On November 17, 2016, Commerce published the antidumping duty order
in the Federal Register.\1\ On December 28, 2021, pursuant to section
751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce
initiated an administrative review of the Order.\2\ On July 19, 2022,
we extended the deadline for the preliminary results to November 30,
2022.\3\
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\1\ See Welded Stainless Pressure Pipe from India: Antidumping
and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016)
(Order).
\2\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 86 FR 73734 (December 28, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for the Preliminary
Results,'' dated July 19, 2022.
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Commerce initiated this administrative review covering the
following companies: Apex Tubes Private Ltd.; Apurvi Industries;
Arihant Tubes; Divine Tubes Pvt. Ltd.; Heavy Metal & Tubes; Hindustan
Inox; J.S.S. Steelitalia Ltd.; Linkwell Seamless Tubes Private Limited;
Maxim Tubes Company Pvt. Ltd.; MBM Tubes Pvt. Ltd.; Mukat Tanks &
Vessel Ltd.; Neotiss Ltd.; Prakash Steelage Ltd.; Quality Stainless
Pvt. Ltd.; Raajratna Metal Industries Ltd.; Ratnadeep Metal & Tubes
Ltd.; Ratnamani; Remi Edelstahl Tubulars; Shubhlaxmi Metals & Tubes
Private Limited; SLS Tubes Pvt. Ltd.; and Steamline Industries Ltd.\4\
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\4\ See Initiation Notice, 86 FR at 73736.
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On January 25, 2022, we limited the number of respondents selected
for individual examination in this administrative review to Hindustan
Inox and Ratnamani.\5\ We did not select the remaining companies for
individual examination, and these companies remain subject to this
administrative review.
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\5\ See Memorandum, ``Respondent Selection,'' dated January 25,
2022.
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Scope of the Order
The products covered by the scope of the Order are welded stainless
pressure pipe from India. For a complete description of the scope, see
the Preliminary Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Recission of the Administrative Review of the
Antidumping Duty Order on Welded Stainless Pressure Pipe from India;
2020-2021,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of
[[Page 74603]]
the Act. Export price was calculated in accordance with section 772 of
the Act. Normal value was calculated in accordance with section 773 of
the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included in Appendix
I to this notice. The Preliminary 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 Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Felker Brothers Corporation (the
petitioner), on March 28, 2022, withdrawing its request for Hindustan
Inox.\7\ Because the withdrawal request was timely filed, and no other
party requested a review of the company, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to Hindustan Inox.
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\7\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated March 28, 2022.
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Non-Individually Examined Companies
For the rate for non-selected companies in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' We preliminarily calculated a margin
for Ratnamani that was not zero, de minimis, or based on facts
available. Accordingly, we have preliminarily applied the margin
calculated for Ratnamani to the non-selected companies.
Preliminary Results of Review
We preliminarily determine that, for the period November 1, 2020,
through October 31, 2021, the following weighted-average dumping
margins exist:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Ratnamani Metals & Tubes Ltd................................ 34.32
Non-Selected Companies \8\.................................. 34.32
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Disclosure and Public Comment
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\8\ See Appendix II for a full list of companies not
individually examined in this review.
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We intend to disclose the calculations performed for these
preliminary results to parties within five days after the date of
publication of this notice.\9\
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\9\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice.\10\ 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.\11\ Parties who submit case 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.\12\ Case and rebuttal briefs should be filed
using ACCESS.\13\ Note that Commerce has temporarily modified certain
of its requirements for serving documents containing business
proprietary information, until further notice.\14\
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\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
\14\ 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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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of the date of publication of this
notice.\15\ Requests should contain: (1) the party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. 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. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\15\ See 19 CFR 351.310(c).
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Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case and rebuttal briefs, within 120 days
of publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act, unless extended.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If the weighted-average
dumping margin for Ratnamani is not zero or de minimis (i.e., less than
0.50 percent) in the final results of this review, we will calculate
importer-specific ad valorem duty assessment rates for the merchandise
based on the ratio of the total amount of dumping calculated for the
examined sales made during the POR to each importer and the total
entered value of those same sales, in accordance with 19 CFR
351.212(b)(1). Where an importer-specific ad valorem assessment rate is
zero or de minimis in the final results of review, we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties, in accordance with 19 CFR 351.106(c)(2). If a respondent's
weighted-average dumping margin is zero or de minimis in the final
results of review, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties, in accordance with the
Final Modification for Reviews, i.e., ``{w{time} here the weighted-
average margin of dumping for the exporter is determined to be zero or
de minimis, no antidumping duties will be assessed.'' \16\ For entries
of subject merchandise during the POR produced by each respondent for
which the producer 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
(or
[[Page 74604]]
companies) involved in the transaction.\17\
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\16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not individually examined, we intend
to assign an assessment rate based on the review-specific average rate,
calculated as noted in the ``Preliminary Results of Review'' section,
above. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review and for future deposits of estimated duties, where
applicable.\18\ 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).
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\18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following deposit requirements will be effective upon the
publication of the final results of this administrative review 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 each specific
company listed above will be that established in the final results of
this administrative review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the producer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the 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 merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be the all-others rate of 8.35
percent.\19\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order, 81 FR at 81063.
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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 and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: November 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Apex Tubes Private Ltd.
2. Apurvi Industries
3. Arihant Tubes
4. Divine Tubes Pvt. Ltd.
5. Heavy Metal & Tubes
6. J.S.S. Steelitalia Ltd.
7. Linkwell Seamless Tubes Private Limited
8. Maxim Tubes Company Pvt. Ltd.
9. MBM Tubes Pvt. Ltd.
10. Mukat Tanks & Vessel Ltd.
11. Neotiss Ltd.
12. Prakash Steelage Ltd.
13. Quality Stainless Pvt. Ltd.
14. Raajratna Metal Industries Ltd.
15. Ratnadeep Metal & Tubes Ltd.
16. Remi Edelstahl Tubulars
17. Shubhlaxmi Metals & Tubes Private Limited
18. SLS Tubes Pvt. Ltd.
19. Steamline Industries Ltd.
[FR Doc. 2022-26449 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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