Notice2023-04567
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Countervailing Duty Administrative Review; 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
March 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that 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, 2021, through December 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14143-14145]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04567]
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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: Preliminary Results of Countervailing Duty Administrative
Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that 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, 2021, through December 31, 2021. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT: Eliza DeLong or 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) 482-3878 or (202) 482-1988,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2018, Commerce published the countervailing duty
order on cold-drawn mechanical tubing from India.\1\ On February 8,
2022, Commerce published a notice of initiation of an administrative
review of the Order.\2\ On October 6, 2022, Commerce extended the time
period for issuing these preliminary results by 120 days, in accordance
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), to no later than February 28, 2023.\3\
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\1\ 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).
\2\ See Initiation and Countervailing Duty Administrative
Reviews, 87 FR 21619 (April 12, 2022).
\3\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Extension of Deadline for
Preliminary Results of Countervailing Duty Administrative Review,
2021,'' dated October 6, 2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the appendix 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>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review: Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel from India;
2021,'' 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 cold-drawn mechanical
tubing from India. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution 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 Preliminary 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
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general, we will determine an
all-others rate by
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weight-averaging the countervailable subsidy rates established for each
of the companies individually investigated, excluding zero and de
minimis rates or any rates based solely on the facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\6\ We preliminarily determine that Goodluck India Limited
(Goodluck) and Tube Investments of India Ltd. (TII) received
countervailable subsidies that are above de minimis and are not based
entirely on facts available. Therefore, we preliminarily determine to
apply the weighted average of the net subsidy rates calculated for
Goodluck and TII using publicly ranged sales data submitted by those
respondents to the non-selected companies.\7\ The companies for which a
review was requested, and which were not selected as mandatory
respondents or found to be cross-owned with a mandatory respondent, are
Lal Baba Seamless Tubes Pvt. Ltd. and Metamorphosis Engitech India Pvt.
Ltd.
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\6\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
memorandum.
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Preliminary Results of Review
For the period January 1, 2021, through December 31, 2021, we
preliminarily find that the following net subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Goodluck India Limited \8\.............................. 3.53
Tube Investments of India Ltd \9\....................... 3.97
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Review-Specific Average Rate
Applicable to the Following
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Lal Baba Seamless Tubes Pvt. Ltd........................ 3.79
Metamorphosis Engitech India Pvt. Ltd................... 3.79
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Disclosure and Public Comment
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\8\ 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.
\9\ Tube Investments of India Ltd. is also known as Tube
Investments of India Limited.
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We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results in accordance with 19
CFR 351.224(b).\10\
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\10\ See 19 CFR 351.224(b).
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A timeline for the submission of case and rebuttal briefs and
written comments will be provided to interested parties at a later
date. 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.\11\ Case and rebuttal briefs should be filed using ACCESS
\12\ and must be served on interested parties.\13\ 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.\14\
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\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See generally 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\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 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.\15\
Requests should contain the party's name, address, and telephone
number, the number of participants, 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.\16\ 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 the date and time of the
hearing two days before the scheduled date. 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.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310.
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon here in advance of the final results
of this review.
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 in accordance with the final results of this
review. If the assessment rate calculated in the final results is zero
or de minimis, we will instruct CBP to liquidate all appropriate
entries without regard to countervailing duties.
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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the companies listed above on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, except where the rate calculated
in the final results is zero or de minimis, no cash deposit will be
required. For all non-reviewed firms, we will instruct CBP to 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.
Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
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
351.213.
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy 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
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IV. Period of Review
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and Application of Adverse
Inferences
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-04567 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 7, 2023.
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