Notice2023-19125
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Results of Countervailing Duty Administrative Review; 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
September 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India during the period of review, January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 171 (Wednesday, September 6, 2023)</title>
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[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60928-60929]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19125]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-874]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Final Results of Countervailing Duty Administrative Review;
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain cold-drawn mechanical tubing of carbon and alloy steel
(cold-drawn mechanical tubing) from India during the period of review,
January 1, 2021, through December 31, 2021.
DATES: Applicable September 6, 2023.
FOR FURTHER INFORMATION CONTACT: Eliza DeLong or Eric Hawkins, 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) 482-3878 or (202) 482-1988,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on March
7, 2023.\1\ We invited interested parties to comment on the Preliminary
Results.\2\ On May 30, 2023, Commerce extended the deadline for the
final results of this review until September 1, 2023.\3\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\4\
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\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from India: Preliminary Results of Countervailing Duty
Administrative Review; 2021, 88 FR 14143 (March 7, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ Id., 88 FR at 14143.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review, 2021,'' dated May 30,
2023.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Countervailing Duty Administrative Review: Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India;
2021,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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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 and India: Countervailing
Duty Orders, 83 FR 4637 (February 1, 2018) (Order); see also Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the
People's Republic of China and India: Countervailing Duty Orders;
Correction, 86 FR 30595 (June 9, 2021).
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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 Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties, to which we responded in the Issues and Decision
Memorandum, is provided as an 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
[[Page 60929]]
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 a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes for these final results of review.
Methodology
Commerce conducted this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a financial contribution from a government or public
entity that gives rise to a benefit to the recipient, and the subsidy
is specific.\6\ For a full description of the methodology underlying
our conclusions, including any determination that relied upon the use
of adverse facts available pursuant to section 776(a) and (b) of the
Act, see the Issues and Decision Memorandum.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Review
We made no changes to the methodology for determining a rate for
companies not selected for individual examination from the Preliminary
Results. However, due to changes in calculations for Goodluck India
Limited, the non-selected rate changed for each of the non-selected
companies for which a review was requested and not rescinded, and which
were not selected as mandatory respondents.\7\
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\7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
notice.
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Final Results of Review
We determine the total estimated net countervailable subsidy rates
for the period January 1, 2021, through December 31, 2021, to be as
follows:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Goodluck India Limited \8\.............................. 3.39
Tube Investments of India Ltd \9\....................... 3.97
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Review-Specific Average Rate Applicable to the Following
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Lal Baba Seamless Tubes Pvt. Ltd........................ 3.74
Metamorphosis Engitech India Pvt. Ltd................... 3.74
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Disclosure
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\8\ Entries for Goodluck India Limited may have been made under
the following company names: Goodluck India Limited (formerly Good
Luck Steel Tubes Limited); Good Luck Steel Tubes Limited Good Luck
House; and Good Luck Industries.
\9\ Tube Investments of India Ltd. is also known as Tube
Investments of India Limited.
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Commerce will disclose to interested parties the calculations
performed for these final results within five days of public
announcement or, if there is no public announcement, within five days
of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties on all
appropriate entries covered by this review. Commerce intends to issue
appropriate assessment instructions to CBP no earlier than 35 days
after publication of these final results. 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
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, CBP will continue to collect
cash deposits of estimated countervailing duties at the most recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposit instructions, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (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
proceeding. Timely written notification of the return/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 violation which is subject to sanction.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: August 29, 2023.
Lisa W. Wang,
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. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether to Apply Adverse Facts Available to the
Government of India or Otherwise Revisit Prior Financial
Contribution and Specificity Determinations
Comment 2: Steel Inputs Purchased from Steel Authority of India
Ltd.
Comment 3: Whether to Correct Certain Calculation Errors for
Goodluck
Comment 4: Whether to Countervail Benefits from Special Economic
Zone Programs
IX. Recommendation
[FR Doc. 2023-19125 Filed 9-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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