Notice2023-15950
Welded Stainless Pressure Pipe From India: Amended 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
July 27, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on welded stainless pressure pipe (WSPP) from India to correct certain ministerial errors. The period of review is November 1, 2020, through October 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 143 (Thursday, July 27, 2023)</title>
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[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48442-48443]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15950]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867]
Welded Stainless Pressure Pipe From India: Amended 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) is amending the
final results of the administrative review of the antidumping duty
order on welded stainless pressure pipe (WSPP) from India to correct
certain ministerial errors. The period of review is November 1, 2020,
through October 31, 2021.
DATES: Applicable July 27, 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 June 9, 2023, Commerce published the Final Results of the 2020-
2021 administrative review of WSPP from India.\1\ Additionally, on June
7, 2023, Commerce informed interested parties that it had disclosed all
calculations for the Final Results and provided them with the
opportunity to submit ministerial error comments.\2\ Subsequently, on
June 12, 2023, Commerce received a timely-filed allegation on behalf of
the Felker Brothers Corporation (the petitioner) regarding the
calculation of the final weighted-average dumping margin for Ratnamani
Metals & Tubes Ltd. India's (Ratnamani).\3\ No other interested party
submitted comments.
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\1\ See Welded Stainless Pressure Pipe from India: Final
Results of Antidumping Duty Administrative Review; 2020-2021, 88 FR
37858 (June 9, 2023) (Final Results), and accompanying Issues and
Decision Memorandum.
\2\ See Memorandum, ``Deadline for Ministerial Error Comments,''
dated June 7, 2023.
\3\ See Petitioner's Letter, ``Ministerial Error Comments
Concerning Ratnamani Metals & Tubes Ltd. India,'' dated June 12,
2023.
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended, (the Act),
and 19 CFR 351.224(f) defines a ``ministerial error'' as including
``errors in addition, subtraction, or other arithmetic function,
clerical errors resulting from inaccurate copying, duplication, or the
like, and any other unintentional error which the administering
authority considers ministerial.'' With respect to final results of
administrative reviews, 19 CFR 351.224(e) provides that Commerce ``will
analyze any comments received and, if appropriate, correct any
ministerial error by amending . . . the final results of review . . .
.''
Ministerial Error
The petitioner alleges that Commerce made a ministerial error in
the Final Results, within the meaning of section 751(h) of the Act and
19 CFR 351.224(f), when valuing international movement expenses for
Ratnamani's final dumping margin calculations. In particular, the
petitioner argues that Commerce unintentionally excluded certain
movement expenses when it made adjustments for other reported U.S.
price-related expenses, noting that it is Commerce's practice to
include these expenses in the calculation of net U.S. price. This error
resulted in an incorrect weighted-average dumping margin calculated for
Ratnamani.\4\
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\4\ Id. at 2.
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We agree with the petitioner that a ministerial error was made in
not including certain international movement expenses in the final
calculation of Ratnamani's net U.S. price. In the Preliminary Results,
Commerce stated that it had ``calculated export price in accordance
with 772(c)(2)(A) of the Act and, where appropriate, made adjustments
to the starting price for billing adjustments while deductions were
made for inland freight from the plant or warehouse to the port of
exportation and Indian and U.S. brokerage and handling fees.'' \5\ We
have revised the margin calculations for Ratnamani to include the
movement expenses in question.
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\5\ 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), and accompanying
Preliminary Decision Memorandum at 8.
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Details of Commerce's analysis of the petitioner's ministerial
error allegation are included in the Ministerial Error Allegation
Memorandum.\6\ The Ministerial Error Allegation 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>.
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\6\ See Memorandum, ``Ministerial Error Allegation,'' dated
concurrently with this notice (Ministerial Error Allegation
Memorandum).
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Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending
the Final Results to reflect the correction of this ministerial error
in the calculation of the weighted-average dumping margin assigned to
Ratnamani, which changes from 7.57 percent to 7.96 percent.\7\
Furthermore, because Ratnamani was the sole respondent in this
administrative review, we are also applying this amended rate to those
companies not selected for individual examination in this review.
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\7\ See Memorandum, ``Amended Final Results Analysis Memorandum
for Ratnamani Metals & Tubes Ltd.,'' dated concurrently with this
notice.
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Amended Final Results of Review
As a result of correcting these ministerial errors, Commerce
determines that the following weighted-average dumping margins exist
for the period November 1, 2020, through October 31, 2021:
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\8\ See the Appendix to this notice for a full list of the
companies not individually examined in this review.
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Weighted-
average
Producer or exporter dumping margin
(percent)
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Ratnamani Metals & Tubes Ltd............................ 7.96
Non-Selected Companies \8\.............................. 7.96
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[[Page 48443]]
Disclosure
We will disclose the calculations performed for these amended final
results to parties to this segment of the proceeding within five days
of the date of the publication of these amended final results, pursuant
to 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with these amended final
results of the administrative review.
In accordance with 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem antidumping duty assessment rates based on the
ratio of the total amount of dumping calculated for the examined sales
for each importer to the total entered value of the sales for each
importer. Where an importer-specific antidumping duty assessment rate
is zero or de minimis within the meaning of 19 CFR 351.106(c)(1),
Commerce will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the period of review produced by Ratnamani
for which the reviewed company did not know that the merchandise it
sold to the 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 weighted-average dumping margin
determined in these amended final results.
The amended final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the amended final results of this review and for future deposits of
estimated duties, where applicable.\9\
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\9\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the amended 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
retroactively for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after June 9,
2023, the date of publication of the Final Results of this
administrative review, as provided for by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for the companies listed above will be
equal to the weighted-average dumping margin established in these
amended final results of review; (2) for producers or exporters not
covered in this review but covered in a 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
another completed segment of this proceeding, 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) if neither the exporter nor the producer is a firm
covered in this or any previously completed segment of this proceeding,
then the cash deposit rate will be the all-others rate of 8.35 percent
established in the less-than-fair-value investigation.\10\
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\10\ See Welded Stainless Pressure Pipe from India: Antidumping
Duty and Countervailing Duty Orders, 81 FR 81062 (November 17,
2016).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the period of review.
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 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 reminder to parties subject to
administrative protective orders (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 terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: July 21, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
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. 2023-15950 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 27, 2023.
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