Notice2023-00309
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 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
January 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through May 31, 2021. Additionally, Commerce determines that a company for which we initiated a review had no shipments during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 6 (Tuesday, January 10, 2023)</title>
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[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1358-1359]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00309]
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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 and
Final Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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,
2020, through May 31, 2021. Additionally, Commerce determines that a
company for which we initiated a review had no shipments during the
POR.
DATES: Applicable January 10, 2023.
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, 2022, Commerce published the Preliminary Results.\1\
Commerce extended the deadline for the final results by 60 days until
January 4, 2023.\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 Italy: Preliminary Results of the Administrative Review
of the Antidumping Duty Order; 2020-2021, 87 FR 40790 (July 8, 2022)
(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, 2020-2021,'' dated October
12, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 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 included as the 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>.
Final Determination of No Shipments
As noted in the Preliminary Results, we preliminarily determined
that Metalfer SpA (Metalfer) had no entries of subject merchandise into
the United States during the POR. We received no comments from
interested parties with respect to this determination. Therefore,
because the record indicates that this company did not export subject
merchandise to the United States during the POR, we continue to find
that Metalfer had no reviewable transactions during the POR.
Accordingly, consistent with Commerce's practice, we intend to instruct
U.S. Customs and Border Protection (CBP) to liquidate any existing
entries of merchandise produced by Metalfer, but exported by other
parties, at the rate for the intermediate reseller, if available, or at
the all-others rate.\4\
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\4\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
Dalmine S.p.A. (Dalmine).\5\
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\5\ See Issues and Decision Memorandum at Comments 4 through 7.
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Final Results of Review
Commerce determines 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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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 CBP shall assess,
antidumping duties on all appropriate entries covered by this review.
For Dalmine, we will instruct CBP to liquidate its entries during
the POR imported by the importers and/or
[[Page 1359]]
customers identified in its questionnaire responses without regard to
antidumping duties because Dalmine's weighted-average dumping margin in
these final results is zero.\6\
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\6\ 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.\7\
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\7\ 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 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,\8\ 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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\8\ 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)
and 19 CFR 351.213(h)(1).
Dated: January 4, 2023.
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. Discussion of the Issues
Comment 1: Dalmine's Reported Surface Finishing Costs
Comment 2: Major Inputs
Comment 3: Cutting Costs Included in Total Cost of Manufacturing
(TOTCOM)
Comment 4: Home Market Billing Adjustments and Sales
Comment 5: Indirect Selling Expenses
Comment 6: U.S. Selling Expenses
Comment 7: Currency Conversion
VI. Recommendation
[FR Doc. 2023-00309 Filed 1-9-23; 8:45 am]
BILLING CODE 3510-DS-P
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