Notice2023-05619
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: Final Results of the Expedited First Sunset Review of the Antidumping Duty Orders
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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 20, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of these expedited sunset reviews, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on certain cold-drawn mechanical tubing of carbon and alloy steel from the People's Republic of China (China), the Federal Republic of Germany (Germany), India, Italy, the Republic of Korea (Korea), and Switzerland would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Reviews" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 53 (Monday, March 20, 2023)</title>
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[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16587-16589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05619]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-058, A-428-845, A-533-873, A-475-838, A-580-892, A-441-801]
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: Final Results of
the Expedited First Sunset Review of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) orders on certain cold-drawn mechanical tubing of
carbon and alloy steel from the People's Republic of China (China), the
Federal Republic of Germany (Germany), India, Italy, the Republic of
Korea (Korea), and Switzerland would be likely to lead to continuation
or recurrence of dumping at the levels indicated in the ``Final Results
of Reviews'' section of this notice.
DATES: Applicable March 20, 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 January 3, 2023, Commerce published the notice of initiation of
the sunset review of the AD orders on certain cold-drawn mechanical
tubing of carbon and alloy steel from China, Germany, India, Italy,
Korea, and Switzerland \1\ pursuant to section 751(c) of the Tariff Act
of 1930, as amended (the Act).\2\
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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) (Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 63
(January 3, 2023) (Notice of Initiation).
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On January 17, 2023, ArcelorMittal Tubular Products, Michigan
Seamless Tube, LLC, PTC Alliance Corp., Webco Industries, Inc., and
Zekelman Industries, Inc. (collectively, the domestic interested
parties) notified Commerce of their intent to participate within the
15-day period specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic
interested parties claimed interested party status under section
771(9)(C) of the Act as producers of domestic like product in the
United States.
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\3\ See Domestic Interested Parties' Letters, ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from China--Notice of
Intent to Participate,'' dated January 17, 2023; ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from Germany--Notice of
Intent to Participate,'' dated January 18, 2023; ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel From India--Notice of
Intent to Participate,'' dated January 17, 2023; ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from Italy--Notice of
Intent to Participate,'' dated January 17, 2023; ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel From Korea--Notice of
Intent to Participate,'' dated January 18, 2023; and ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from Switzerland--Notice
of Intent to Participate,'' dated January 18, 2023 (collectively,
Notices of Intent to Participate).
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On February 1, 2023, Commerce received complete substantive
responses to the Notice of Initiation with respect to the Orders from
the domestic interested parties within the 30-day period specified in
19 CFR 351.218(d)(3)(i).\4\ Commerce did not receive a substantive
response from any other interested parties with respect to the Orders
covered by these sunset reviews. On February 24, 2023, Commerce
notified the U.S. International Trade Commission that it did not
receive an adequate substantive response from respondent interested
[[Page 16588]]
parties in any of these sunset reviews.\5\ As a result, pursuant to
section 751(c)(3)(8) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted expedited (120-day) sunset reviews of the Orders.
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\4\ See Domestic Interested Parties' Letters, ``First Sunset
Review of the Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from the People's
Republic of China: Substantive Response to Notice of Initiation,''
dated February 1, 2023; ``First Sunset Review of the Antidumping
Duty Order on Certain Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from the Federal Republic of Germany: Substantive
Response to Notice of Initiation,'' dated February 2, 2023; ``First
Sunset Review of the Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from India: Substantive
Response to Notice of Initiation,'' dated February 1, 2023; ``First
Sunset Review of the Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from Italy: Substantive
Response to Notice of Initiation,'' dated February 1, 2023; ``First
Sunset Review of the Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from the Republic of
Korea: Substantive Response to Notice of Initiation,'' dated
February 2, 2023; and ``First Sunset Review of the Antidumping Duty
Order on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from Switzerland: Substantive Response to Notice of
Initiation,'' dated February 1, 2023.
\5\ See Commerce's Letter, ``Sunset Reviews for January 2023,''
dated February 24, 2023.
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Scope of the Orders
The scope of the Orders is certain cold-drawn mechanical tubing of
carbon and alloy steel from China, Germany, India, Italy, Korea, and
Switzerland. For a complete description of the scope of the Orders, see
Appendix II to this notice.
Analysis of Comments Received
A complete discussion of all issues raised in these sunset reviews
is provided in the accompanying Issues and Decision Memorandum.\6\ A
list of the issues discussed in the Issues and Decision Memorandum is
attached at Appendix I 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 at
<a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Reviews of the
Antidumping Duty Orders on 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,'' dated concurrently with, and hereby adopted by,
this notice.
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Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Orders would likely lead to
a continuation or recurrence of dumping and that the magnitude of the
dumping margins likely to prevail would be weighted-average margins up
to 186.89 percent for China, up to 209.06 percent for Germany, up to
33.80 percent for India, up to 68.95 percent for Italy, up to 48.00
percent for Korea, and up to 30.48 percent for Switzerland.
Administrative Protective Orders
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305. Timely notification of the return or 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing the results in accordance with
sections 751(c), 752(c), and 771(i)(1) of the Act and 19 CFR 351.218.
Dated: March 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. History of the Orders
IV. Legal Framework
V. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely To Prevail
VI. Final Results of Sunset Reviews
VII. Recommendation
Appendix II
Scope of the Orders
The products covered by these orders are cold-drawn mechanical
tubing of carbon and alloy steel (cold-drawn mechanical tubing) of
circular cross-section, 304.8 mm or more in length, in actual
outside diameters less than 331mm, and regardless of wall thickness,
surface finish, end finish or industry specification. The subject
cold-drawn mechanical tubing is a tubular product with a circular
cross-sectional shape that has been cold-drawn or otherwise cold-
finished after the initial tube formation in a manner that involves
a change in the diameter or wall thickness of the tubing, or both.
The subject cold-drawn mechanical tubing may be produced from either
welded (e.g., electric resistance welded, continuous welded, etc.)
or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or
alloy steel tubular products. It may also be heat treated after cold
working. Such heat treatments may include, but are not limited to,
annealing, normalizing, quenching and tempering, stress relieving or
finish annealing. Typical cold-drawing methods for subject
merchandise include, but are not limited to, drawing over mandrel,
rod drawing, plug drawing, sink drawing and similar processes that
involve reducing the outside diameter of the tubing with a die or
similar device, whether or not controlling the inside diameter of
the tubing with an internal support device such as a mandrel, rod,
plug or similar device. Other cold-finishing operations that may be
used to produce subject merchandise include cold-rolling and cold-
sizing the tubing.
Subject cold-drawn mechanical tubing is typically certified to
meet industry specifications for cold-drawn tubing including but not
limited to:
(1) American Society for Testing and Materials (ASTM) or
American Society of Mechanical Engineers (ASME) specifications ASTM
A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4
(ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-
513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);
(2) SAE International (Society of Automotive Engineers)
specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467,
SAE J2435, SAE J2613;
(3) Aerospace Material Specification (AMS) AMS T-6736 (AMS
6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361,
AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
(4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-
6736;
(5) foreign standards equivalent to one of the previously listed
ASTM, ASME, SAE, AMS or MIL specifications including but not limited
to:
(a) German Institute for Standardization (DIN) specifications
DIN 2391-2, DIN 2393-2, DIN 2394-2);
(b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4,
EN 10305-6 and European national variations on those standards
(e.g., British Standard (BS EN), Irish Standard (IS EN) and German
Standard (DIN EN) variations, etc.);
(c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G
3445; and
(6) proprietary standards that are based on one of the above-
listed standards.
The subject cold-drawn mechanical tubing may also be dual or
multiple certified to more than one standard. Pipe that is multiple
certified as cold-drawn mechanical tubing and to other
specifications not covered by this scope, is also covered by the
scope of these orders when it meets the physical description set
forth above.
Steel products included in the scope of these orders are
products in which: (1) Iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less by weight.
For purposes of this scope, the place of cold-drawing determines
the country of origin of the subject merchandise. Subject
merchandise that is subject to minor working in a third country that
occurs after drawing in one of the subject countries including, but
not limited to, heat treatment, cutting to length, straightening,
nondestruction testing, deburring or chamfering, remains within the
scope of these orders.
All products that meet the written physical description are
within the scope of these orders unless specifically excluded or
covered by the scope of an existing order. Merchandise that meets
the physical description of cold-drawn mechanical tubing above is
within the scope of these orders even if it is also dual or multiple
certified to an otherwise excluded specification listed below. The
following products are outside of, and/or specifically excluded
from, the scope of these orders:
(1) Cold-drawn stainless steel tubing, containing 10.5 percent
or more of chromium
[[Page 16589]]
by weight and not more than 1.2 percent of carbon by weight;
(2) products certified to one or more of the ASTM, ASME or
American Petroleum Institute (API) specifications listed below:
ASTM A-53;
ASTM A-106;
ASTM A-179 (ASME SA 179);
ASTM A-192 (ASME SA 192);
ASTM A-209 (ASME SA 209);
ASTM A-210 (ASME SA 210);
ASTM A-213 (ASME SA 213);
ASTM A-334 (ASME SA 334);
ASTM A-423 (ASME SA 423);
ASTM A-498;
ASTM A-496 (ASME SA 496);
ASTM A-199;
ASTM A-500;
ASTM A-556;
ASTM A-565;
API 5L; and
API 5CT
except that any cold-drawn tubing product certified to one of the
above excluded specifications will not be excluded from the scope if
it is also dual- or multiple-certified to any other specification
that otherwise would fall within the scope of these orders.
The products subject to these orders are currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000,
7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020,
7306.50.5030. Subject merchandise may also enter under numbers
7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are
provided for convenience and customs purposes only. The written
description of the scope of these orders are dispositive.
[FR Doc. 2023-05619 Filed 3-17-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 20, 2023.
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