Notice2022-27521
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Antidumping Duty Administrative Reviews of Goodluck India Limited; 2017-2019 and 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
December 20, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Goodluck India Limited (Goodluck) made sales of certain cold-drawn mechanical tubing of carbon and alloy steel (CDMT) from India in the United States at prices below normal value (NV) during the periods of review (PORs) of November 22, 2017, through May 31, 2019 (AR1) and June 1, 2019, through May 31, 2020 (AR2). We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 243 (Tuesday, December 20, 2022)</title>
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[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77793-77794]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27521]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-873]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Preliminary Results of Antidumping Duty Administrative
Reviews of Goodluck India Limited; 2017-2019 and 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Goodluck India Limited (Goodluck) made sales of certain cold-drawn
mechanical tubing of carbon and alloy steel (CDMT) from India in the
United States at prices below normal value (NV) during the periods of
review (PORs) of November 22, 2017, through May 31, 2019 (AR1) and June
1, 2019, through May 31, 2020 (AR2). We invite interested parties to
comment on these preliminary results.
DATES: Applicable December 20, 2022.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-2243.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2018, Commerce published in the Federal Register the
antidumping duty (AD) order on CDMT from India.\1\ On July 29, 2019, we
initiated an administrative review of 16 companies, including Goodluck
(i.e., AR1).\2\ Prior to the conclusion of AR1, pursuant to a decision
of the U.S. Court of International Trade, entries of CDMT produced and
exported by Goodluck were excluded from the Order,\3\ and AR1 was
suspended with respect to the company.
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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, 84 FR 36572 (July 29, 2019).
\3\ 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).
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On August 6, 2020, we initiated an administrative review (AR2) of
three companies, including Goodluck. However, due to the above-
referenced exclusion, the review only covered a limited subset of
Goodluck's entries, i.e., entries that were produced, but not exported
by, Goodluck, and entries that were exported, but not produced, by
Goodluck.\4\
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 47731 (August 6, 2020); see also
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 (October
29, 2021) (finding that Goodluck had no shipments during the POR
under the producer/exporter combinations under review).
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On December 29, 2021, following Goodluck's reinstatement in the
Order, Commerce published a notice announcing the resumption of AR1
with respect to Goodluck, and the reinitiation of AR2 with respect to
Goodluck.\5\
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\5\ See 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, 86 FR 74069 (December
29, 2021) (AR1 Resumption and AR2 Reinitiation Notice). As a result
of Goodluck's reinstatement to the Order, AR2 now covers all entries
produced and exported by Goodluck during the POR.
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On August 17, 2022, pursuant to section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act), Commerce determined that it was not
practicable to complete the preliminary results of these reviews within
245 days, and we extended the preliminary results by 70 days, until
November 9, 2022.\6\ On November 4, 2022, Commerce further extended the
preliminary results for AR1 and AR2 by 35 days to December 14, 2022.\7\
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\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2017-2019 and 2019-2020 Antidumping Duty Administrative
Reviews of Goodluck India Limited,'' dated August 17, 2022.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2017-2019 and 2019-2020 Antidumping Duty Administrative
Reviews of Goodluck India Limited,'' dated November 4, 2022.
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For details regarding the events that occurred subsequent to the
resumption and reinitiation of these reviews, see the Preliminary
Decision Memorandum.\8\ 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 can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Reviews of Goodluck
India Limited,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is certain cold-drawn
mechanical tubing of carbon and alloy steel from India. For a full
description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting these reviews in accordance with sections
751(a)(1) and (2) of the Act. We calculated export price in accordance
with section 772 of the Act. We calculated NV 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 Results of Reviews
We preliminarily determine the following weighted-average dumping
margin exists for the period November 22, 2017, through May 31, 2019:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Goodluck India Limited...................................... 1.59
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We preliminarily determine the following weighted-average dumping
margin exists for the period June 1, 2019, through May 31, 2020:
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Weighted-
average
Exporter and producer dumping
margin
(percent)
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Goodluck India Limited...................................... 1.39
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Assessment Rates
Upon completion of these administrative reviews, Commerce shall
determine, and CBP shall assess, AD duties on all appropriate entries.
If Goodluck's weighted-average dumping margin in either review is zero
or de minimis within the meaning of 19 CFR 351.106(c), we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
In accordance with Commerce's ``automatic assessment'' practice,
for
[[Page 77794]]
entries of subject merchandise during the PORs produced by Goodluck
where the company did not know that the merchandise was destined for
the United States, we will instruct CBP to liquidate those entries at
the all-others rate established in the original less-than-fair-value
(LTFV) investigation if there is no rate for the intermediate
company(ies) involved in the transaction.\9\
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\9\ 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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The final results of these reviews shall be the basis for the
assessment of AD duties on entries of merchandise covered by these
reviews and the final results of AR2 shall be the basis for future
deposits of estimated duties, where applicable.\10\
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\10\ See section 751(a)(2)(C) of the Act.
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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
these reviews 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 these administrative reviews, as provided by section
751(a)(2)(C) of the Act: the cash deposit rate for merchandise produced
and exported by Goodluck will be equal to the weighted-average dumping
margin established in the final results of AR2, except if the rate is
de minimis (i.e., less than 0.50 percent), in which case the cash
deposit rate will be zero. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days of public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice.\11\ 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.\12\ 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.\13\ Case and rebuttal
briefs should be filed using ACCESS.\14\ Executive summaries should be
limited to five pages total, including footnotes. Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\15\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See generally 19 CFR 351.303.
\15\ See Temporary Rule.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\16\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\17\ Parties are reminded that all briefs and
hearing requests must be filed electronically using ACCESS and received
successfully in their entirety by 5:00 p.m. Eastern Time on the due
date. If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined.\18\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310.
\18\ See 19 CFR 351.310(d).
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Unless otherwise extended, Commerce intends to issue the final
results of these administrative reviews, 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 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
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: December 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2022-27521 Filed 12-19-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 20, 2022.
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