Notice2023-13485
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final 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
June 26, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines 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).
Full Text
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<title>Federal Register, Volume 88 Issue 121 (Monday, June 26, 2023)</title>
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[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41384-41385]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13485]
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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: Final 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) determines 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).
DATES: Applicable June 26, 2023.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos 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) 482-2243.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2022, Commerce published the Preliminary Results of
these reviews in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results. Between January 26, 2023, and
February 9, 2023, Commerce received timely-filed briefs and rebuttal
briefs from Goodluck and from ArcelorMittal Tubular Products LLC,
Michigan Seamless Tube, LLC, Plymouth Tube, PTC Alliance Corp., Webco
Industries, Inc., and Zekelman Industries (collectively, the
petitioners).\2\
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\1\ See 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; 87 FR 77793 (December 20, 2022) (Preliminary Results),
and accompanying Preliminary Decision Memorandum); see also 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).
\2\ See Petitioners' Letters, ``Petitioners' Case Brief for
Goodluck India Limited,'' dated January 26, 2023; ``Petitioners'
Case Brief for Goodluck India Limited,'' dated January 26, 2023; and
Goodluck's Letters, ``Goodluck Administrative Case Brief,'' dated
January 26, 2023; ``Goodluck Administrative Case Brief,'' dated
January 26, 2023. See also Petitioners' Letters, ``Petitioners'
Rebuttal Brief for Goodluck India Limited,'' dated February 9, 2023;
``Petitioners' Rebuttal Brief for Goodluck India Limited,'' dated
February 9, 2023; and Goodluck's Letters, ``Goodluck Administrative
Rebuttal Brief,'' dated February 9, 2023; ``Goodluck Administrative
Rebuttal Brief,'' dated February 9, 2023.
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On April 12, 2023, we extended the deadline for the final results,
in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.213(h)(2) \3\ until June 16, 2023. On
May 24, 2023, Commerce held a hearing during which parties presented
arguments in their case briefs.\4\
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\3\ See Memorandum, ``Extension of Deadline for Final Results of
2017-2019 and 2019-2020 Antidumping Duty Administrative Reviews for
Goodluck India Limited,'' dated April 12, 2023.
\4\ See Hearing Transcript, ``Public Hearing in the Matter of
the Administrative Review of the Antidumping Duty Order on Cold-
Drawn Mechanical Tubing from India,'' dated May 24, 2023.
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Based on an analysis of the comments received, we did not make
changes to the weighted-average dumping margins calculated for
Goodluck. The weighted-average dumping margins are listed in the
``Final Results of Review'' section, below. Commerce conducted these
reviews in accordance with section 751(a) of the Act.
Scope of the Order <SUP>5</SUP>
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\5\ 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).
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The merchandise covered by the Order is CDMT from India. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Reviews of
Goodluck India Limited: Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India 2017-2019 & 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum, which is hereby adopted by this
notice. The issues are identified in 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>.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from
parties, we did not make changes to Goodluck's margin calculations. See
the Issues and Decision Memorandum.
Final Results of Reviews
We are assigning the following weighted-average dumping margin to
Goodluck for the period November 22, 2017, through May 31, 2019:
[[Page 41385]]
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Weighted-
average dumping
Exporter/producer margin
(percent)
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Goodluck India Limited................................. 1.59
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We are assigning the following weighted-average dumping margin to
Goodluck for the period June 1, 2019, through May 31, 2020:
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\7\ Commerce previously completed a 2019-2020 review of entries
for which Goodluck India Limited was either the exporter or the
producer, but not both. See 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) (CDMT AR2 2021 Final). Here,
Commerce has completed its review of entries exported and produced
by Goodluck India Limited. Accordingly, with the conclusion of this
review, Commerce has assigned a cash deposit rate to all Goodluck
entries, consistent with its standard practice.
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Weighted-
average dumping
Exporter/producer \7\ margin
(percent)
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Goodluck India Limited................................. 1.39
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Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
these reviews.
Where an importer- (or customer-) specific ad valorem or per-unit
rate is greater than de minimis (i.e., 0.50 percent), Commerce will
instruct CBP to collect the appropriate duties at the time of
liquidation.\8\ Where an importer- (or customer-) specific ad valorem
or per-unit rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\9\
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\8\ See 19 CFR 351.212(b)(1).
\9\ See 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the 2017-2019 POR produced by
Goodluck for which 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 investigation if there is no rate for the intermediate
company(ies) involved in the transaction.\10\ Additionally, for the
2017-2019 POR, we intend to instruct CBP to take into account the
``provisional measures deposit cap,'' in accordance with 19 CFR
351.212(d).
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\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003). We note that the 2019-2020 administrative
review only covers entries produced and exported by Goodluck during
the POR. See AR1 Resumption and AR2 Reinitiation Notice; see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 85 FR 47731 (August 6, 2020); see also CDMT AR2 2021 Final,
86 FR at 59983 (finding that Goodluck had no shipments during the
POR under the producer/exporter combinations under review). We note
that Commerce's ``automatic assessment'' practice, referenced above,
does not apply to entries during the 2019-2020 POR under these
circumstances, because Commerce previously issued the final results
of review with respect to such entries, along with corresponding
customs instructions.
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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 CDMT from India entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results as
provided by section 751(a)(2) of the Act: (1) the cash deposit rate for
entries for Goodluck will be equal to the weighted-average dumping
margin established in the final results of the 2020-2021 review; (2)
for merchandise exported by companies not covered in these reviews but
covered in another completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published in
the most recently-completed segment; and (3) the cash deposit rate for
all other producers or exporters will continue to be 5.87 percent, the
all-others rate established in the LTFV investigation in this
proceeding.\11\
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\11\ See Orders, 83 FR at 24964.
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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 these PORs. Failure to comply with this
requirement could result in the presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable
violation.
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 351.221(b)(5).
Dated: June 16, 2023.
Abdelali Elouaradia,
Deputy 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: Whether Commerce Erred in Applying its Differential
Pricing Analysis
Comment 2: Whether Goodluck Properly Assigned Grades to Subject
Merchandise
Comment 3: Whether Goodluck Properly Relied on Theoretical
Weight in its Reporting
Comment 4: Whether Commerce Should Accept Goodluck's Reported
Scrap Offset
VI. Recommendation
[FR Doc. 2023-13485 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 26, 2023.
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