Notice2023-14395
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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
July 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India was sold in the United States at less than normal value (NV) during the period of review (POR) of June 1, 2021, through May 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
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[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43295-43297]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14395]
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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: Preliminary Results of Antidumping Duty Administrative
Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain cold-drawn mechanical tubing of carbon and
alloy steel (cold-drawn mechanical tubing) from India was sold in the
United States at less than normal value (NV) during the period of
review (POR) of June 1, 2021, through May 31, 2022.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0607 or (202)
482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2018, Commerce published the antidumping duty (AD)
order on cold-drawn mechanical tubing from India.\1\ On August 9, 2022,
in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the Order, covering two producers/exporters,
Goodluck India Limited (Goodluck) and Tube Products of India, Ltd., a
unit of Tube Investments of India Limited (collectively, TII).\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); 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) (collectively, Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation
Notice).
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Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on January 17, 2023, Commerce
[[Page 43296]]
determined that it was not practicable to complete the preliminary
results of this review within 245 days and extended the deadline for
the preliminary results of this review until June 30, 2023.\3\
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\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated January 17, 2023.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
The Preliminary Decision Memorandum is a public document and is
available 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 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, ``Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022,'' 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 administrative review in accordance
with section 751(a) of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum. A list of topics discussed in the Preliminary
Decision Memorandum is attached as an appendix to this notice.
Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period June 1, 2021, through May 31, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Goodluck India Limited...................................... 0.58
Tube Products of India, Ltd., a unit of Tube Investments of 3.50
India Limited..............................................
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Verification
On November 8, 2022, the petitioners, ArcelorMittal Tubular
Products LLC, Michigan Seamless Tube, LLC, PTC Alliance Corp., Webco
Industries, Inc., and Zekelman Industries, timely requested that
Commerce conduct verification of Goodluck's responses.\5\ Moreover, no
verification was conducted during the two immediately preceding reviews
of Goodluck. Therefore, Commerce intends to verify the information that
Commerce relies upon for the final results with respect to Goodluck, as
provided in section 782(i)(3) of the Act.
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\5\ See Petitioners' Letter, ``Petitioners' Verification Request
for Goodluck,'' dated November 8, 2022.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties with an
Administrative Protective Order within five days of the date of
publication of these preliminary results in accordance with 19 CFR
351.224(b).
Case briefs or other written comments may be submitted to Commerce.
A timeline for the submission of case briefs and written comments will
be provided to interested parties at a later date. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the date for filing case briefs.\6\ 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.\7\ Case and
rebuttal briefs should be filed using ACCESS.\8\
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\6\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).''); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS, within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues parties intend to discuss. Issues raised in
the hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold a hearing at a time and date to be determined.\9\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\9\ See 19 CFR 351.310(d).
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An electronically filed document must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time on the date that the document is due. Commerce has
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\10\
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\10\ See Temporary Rule.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless this deadline is extended.\11\
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\11\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
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 of subject merchandise covered by this review. Commerce intends
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of the final results of this administrative
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).
For an individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review, Commerce intends to calculate an
importer-specific assessment rate based on the ratio of the total
amount of dumping calculated for each importer's examined sales to the
total entered value of those sales, in accordance with 19 CFR
351.212(b)(1). Where we do not have entered values for all U.S. sales
to a particular importer/customer, we will calculate a per-unit
assessment rate by aggregating the antidumping duties due for all U.S.
sales to that importer (or customer) and dividing this amount by the
total quantity sold to that importer
[[Page 43297]]
(or customer).\12\ We intend to instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate calculated in the final results of
this review is above de minimis (i.e., 0.50 percent). To determine
whether the duty assessment rates are de minimis, in accordance with
the requirement set forth in 19 CFR 351.106(c)(2), we calculate
importer- (or customer-) specific ad valorem ratios based on the
estimated entered value. Where either a respondent's weighted-average
dumping margin is zero or de minimis, or an importer- (or customer-)
specific ad valorem rate is zero or de minimis in the final results of
review, we intend to instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.\13\
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\12\ See 19 CFR 351.212(b)(1).
\13\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondents for which they did not know that the merchandise was
destined for the United States, we intend to instruct CBP to liquidate
those entries at the all-others rate in the original less-than-fair-
value (LTFV) investigation.\14\ if there is no rate for the
intermediate company(ies) involved in the transaction.\15\
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\14\ See Order, 83 FR at 26965.
\15\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies listed above will be that
established in the final results of this administrative review, except
if the rate is less than 0.50 percent, and, therefore, de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for previously reviewed or investigated
companies not covered in this review, the cash deposit rate will
continue to be the company-specific cash deposit rate published for the
most recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the underlying investigation, but the producer is,
then the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) 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.\16\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ See Order, 83 FR at 26965.
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Notification to Importers
This notice serves as a preliminary 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 occurred
and the subsequent assessment of doubled antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: June 29, 2023.
Lisa W. Wang,
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
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-14395 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 7, 2023.
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