Notice2023-25840
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final 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
November 22, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Goodluck India Limited (Goodluck) and Tube Products of India, Ltd., a unit of Tube Investments of India Limited (collectively, TII), made sales of subject merchandise in the United States at prices below normal value during the period of review (POR) June 1, 2021, through May 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 224 (Wednesday, November 22, 2023)</title>
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[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81367-81368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25840]
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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 Review;
2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Goodluck India Limited (Goodluck) and Tube Products of India, Ltd., a
unit of Tube Investments of India Limited (collectively, TII), made
sales of subject merchandise in the United States at prices below
normal value during the period of review (POR) June 1, 2021, through
May 31, 2022.
DATES: Applicable November 22, 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)
482-5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published the preliminary results of the
2021-2022 administrative review of the antidumping duty order on
certain cold-drawn mechanical tubing of carbon and alloy steel (cold-
drawn mechanical tubing) from India, covering two producers/exporters,
Goodluck and TII.\1\ For the events that occurred since Commerce
published the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from India: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022, 88 FR 43295 (July 7, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review of Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India;
2021-2022,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Order \3\
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\3\ 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 subject to the Order is cold-drawn mechanical
tubing from India. The product is currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060,
7306.30.5015, 7306.30.5020, and 7306.50.5030. Subject merchandise may
also enter under 7306.30.1000 and 7306.50.1000. The HTSUS subheadings
above are provided for convenience and customs purposes only. The
written description of the scope of the Order is dispositive. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is included 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> aspx.
Changes Since the Preliminary Results
Based on our analysis of the comments received and our verification
findings, Commerce made certain revisions to the margin calculations
for Goodluck and TII. The Issues and Decision Memorandum contains
descriptions of these revisions.
Final Results of Review
We determine that the following estimated weighted-average dumping
margins exists for the period June 1, 2021, through May 31, 2022:
[[Page 81368]]
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Weighted-
average
Producer/exporter dumping;
margin
(percent)
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Goodluck India Limited \4\.............................. 0.61
Tube Products of India, Ltd., a unit of Tube Investments 4.14
of India Limited.......................................
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Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
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\4\ Entries for Goodluck India Limited may have been made under
the following company names: Goodluck India Limited; Good Luck Steel
Tubes Limited; and Good Luck Industries.
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Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
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).
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where the respondent
did not report entered value, we calculated importer-specific per-unit
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
quantity of those sales. Where an importer-specific assessment rate is
de minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated without regard to antidumping duties. To determine
whether an importer-specific per-unit duty assessment rate is de
minimis, we calculated an estimated entered value.
Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise during the POR produced by
Goodluck or TII for which they did not know the merchandise was
destined for the United States, 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.\5\
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\5\ 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 for all
shipments of cold-drawn mechanical tubing 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 Goodluck and TII will be equal
to the weighted-average dumping margin established for each company in
the final results of the review; (2) for merchandise exported by
producers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review or the original less-than-fair-value (LTFV)
investigation, but the producer is, then the cash deposit rate will be
the rate established in the completed segment for the most recent
period for the producer of the merchandise; (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 in this
proceeding.\6\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\6\ See Order, 83 FR at 26962, 26965.
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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 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 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 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
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
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: November 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 to the Preliminary Results
V. Discussion of the Issues
Comment 1: Goodluck's Scrap Offset
Comment 2: Goodluck's Case Number
VI. Recommendation
[FR Doc. 2023-25840 Filed 11-21-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 22, 2023.
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