Notice2024-00305
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: 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
January 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain cold-drawn mechanical tubing of carbon and alloy steel (cold- drawn mechanical tubing) from Italy was sold in the United States at less than 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 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1523-1524]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00305]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-838]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From Italy: 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
certain cold-drawn mechanical tubing of carbon and alloy steel (cold-
drawn mechanical tubing) from Italy was sold in the United States at
less than normal value during the period of review (POR), June 1, 2021,
through May 31, 2022.
DATES: Applicable January 10, 2024.
FOR FURTHER INFORMATION CONTACT: Colin Thrasher, 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) 482-3004.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published the Preliminary Results
covering one producer/exporter, Dalmine S.p.A. (Dalmine) and invited
interested parties to comment.\1\ On September 28, 2023, Commerce
extended the time period for issuing the final results of this review
until January 3, 2024.\2\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\3\
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\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from Italy: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022, 88 FR 43281 (July 7, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2021-2022,'' dated September
28, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from Italy; 2021-2022,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>4</SUP>
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\4\ 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 products covered by this Order are cold-drawn mechanical tubing
from Italy. For a full description of the scope, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in their case and rebuttal
briefs are addressed in the Issues and Decision Memorandum. A list of
the issues that parties raised, and to which we responded in the Issues
and Decision Memorandum, is attached to this notice as an appendix. 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 a review of the record and comments received from
interested parties, we have revised a revenue-related offset associated
with U.S. movement charges. For a more detailed discussion of this
change, see the Issues and Decision Memorandum.
Final Results of Review
Commerce determines that the following weighted-average dumping
margin exists for the POR June 1, 2021, through May 31, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Dalmine S.p.A.............................................. 2.00
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Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with these final results within five days of
any 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
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 covered by this review.
Because Dalmine's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), Commerce has calculated
importer-specific antidumping duty assessment rates. We calculated
importer-specific ad valorem 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. Where an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Dalmine
for which it 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 (LTFV)
investigation (i.e., 47.87 percent) \5\ if there is no rate for the
intermediate company(ies) involved in the transaction.\6\
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\5\ See Order, 83 FR at 26966.
\6\ 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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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
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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 the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Dalmine will be
equal to the weighted-average dumping margin established in the final
results of this administrative review; (2) for merchandise exported by
a company 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 in
which it was reviewed; (3) if the exporter is not a firm covered in
this review or the original LTFV 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 47.87 percent,\7\ the all-others rate
established in the LTFV investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\7\ See Order, 83 FR at 26966.
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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 this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
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/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(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(2).
Dated: January 3, 2024.
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 to Treat Dalmine and its Romanian Affiliate
As a Single Entity
Comment 2: Whether to Revise the Offset for Movement-Related
Revenue
VI. Recommendation
[FR Doc. 2024-00305 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 10, 2024.
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