Notice2023-12330
Welded Stainless Pressure Pipe From India: Final Results 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
June 9, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that welded stainless pressure pipe (WSPP) from India was sold in the United States at less than normal value during the period of review (POR), November 1, 2020, through October 31, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37858-37859]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12330]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867]
Welded Stainless Pressure Pipe From India: Final Results 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) determines that
welded stainless pressure pipe (WSPP) from India was sold in the United
States at less than normal value during the period of review (POR),
November 1, 2020, through October 31, 2021.
DATES: Applicable June 9, 2023.
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 December 6, 2022, Commerce published the Preliminary Results for
this review in the Federal Register and invited interested parties to
comment on those results.\1\ On January 19, 2023, Commerce received
case briefs from Ratnamani Metals & Tubes Ltd. (Ratnamani) and Apex
Tubes Private Ltd. (Apex).\2\ On January 31, 2023, Felker Brothers
Corporation (the petitioner) submitted a rebuttal brief.\3\ For a
summary of the events that occurred since the Preliminary Results, see
the Issues and Decision Memorandum.\4\ Commerce conducted this review
in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\1\ See Welded Stainless Pressure Pipe from India: Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review; 2020-2021, 87 FR 74602 (December 6, 2022) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See Ratnamani's Letter, ``Ratnamani's Case Brief,'' dated
January 19, 2023; see also Apex's Letter, ``Case Brief,'' dated
January 19, 2023.
\3\ See Petitioner's Letter, ``Petitioner's Rebuttal Brief,''
dated January 31, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of Antidumping Duty Administrative Review: Welded Stainless Pressure
Pipe from India; 2020-2021,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \5\
---------------------------------------------------------------------------
\5\ See Welded Stainless Pressure Pipe from India: Antidumping
and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016)
(Order).
---------------------------------------------------------------------------
The products covered by the scope of the Order are WSPP from India.
For a complete description of the scope, see the Issues and Decision
Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Rates for Companies Not Selected for Individual Examination
For the rate for non-selected respondents 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} .'' In this segment of the proceeding,
we have calculated a weighted-average dumping margin that is not zero,
de minimis, or determined entirely on the basis of facts available for
Ratnamani. Accordingly, Commerce is assigning Ratnamani's rate to the
companies not selected for individual examination, which are listed
below.
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 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 directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the margin calculation for Ratnamani, as well as the rate
applied to the non-selected companies. For a discussion of these
changes, see the Issues and Decision Memorandum.
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period November 1, 2020, through October 31,
2021:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Ratnamani Metals & Tubes Ltd................................ 7.57
Non-Selected Companies \7\.................................. 7.57
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\7\ See Appendix II for a full list of the companies not
individually examined in this review.
---------------------------------------------------------------------------
Commerce intends to disclose the calculations performed for these
final results to interested parties in this review under administrative
protective order (APO) within five days of the date of publication of
this notice 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 U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), for
Ratnamani, we calculated importer-specific antidumping duty assessment
rates by aggregating the total amount of dumping calculated for the
examined sales of each importer and dividing each of these amounts by
the total entered value associated with those sales. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer specific
[[Page 37859]]
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Commerce will ``automatically assess'' entries of subject
merchandise during the POR for which the examined companies did not
know that the merchandise they sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, 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.
For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem assessment rate equal to the company-specific weighted-average
dumping margin determined in these final results.
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 rates for the companies
identified above in the ``Final Results of Review'' will be equal to
the company-specific weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by a company not covered in this administrative review but
covered in a completed 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 completed prior
segment of this proceeding but the producer is, the cash deposit rate
will be the company-specific 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 8.35 percent, the rate established in the
investigation of this proceeding.\8\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\8\ See Order, 81 FR at 81063.
---------------------------------------------------------------------------
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 and/or countervailing 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 and/or countervailing duties has
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.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
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 or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the term 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: June 2, 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. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Select a Different Date of
Sale
Comment 2: Whether Commerce Should Adjust for Value Added Taxes
(VAT)
Comment 3: Whether Commerce Failed to Adjust for Export
Subsidies
Comment 4: Whether Commerce Should Modify the Non-Selected Rate
VI. 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. 2023-12330 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 9, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.