Notice2024-02295
Certain Welded Carbon Steel Standard Pipes and Tubes From India: Preliminary Determination of No Shipments and Partial Rescission of Review; 2022-2023
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
February 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Surya Roshni Limited (Surya) made no shipments during the period of review (POR), May 1, 2022, through April 30, 2023. In addition, we are rescinding this review, in part, with respect to 29 companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8160-8162]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02295]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-502]
Certain Welded Carbon Steel Standard Pipes and Tubes From India:
Preliminary Determination of No Shipments and Partial Rescission of
Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Surya Roshni Limited (Surya) made no shipments during
the period of review (POR), May 1, 2022, through April 30, 2023. In
addition, we are rescinding this review, in part, with respect to 29
companies. We invite interested parties to comment on these preliminary
results.
DATES: Applicable February 6, 2024.
FOR FURTHER INFORMATION CONTACT: Jacob Keller, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4849.
SUPPLEMENTARY INFORMATION:
Background
On May 12, 1986, Commerce published in the Federal Register the
order on certain welded carbon steel standard pipes and tubes (pipe and
tube) from India.\1\ On May 2, 2023, Commerce published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.\2\ On July 12, 2023, based on timely requests for an
administrative review, Commerce initiated an antidumping duty
administrative review of 30 companies.\3\ For a detailed description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\4\
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\1\ See Antidumping Duty Order; Certain Welded Carbon Steel
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023) (Initiation
Notice).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of No Reviewable Sales and Partial Rescission of
Review: Certain Welded Carbon Steel Standard Pipes and Tubes from
India; 2022-2023,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 is directly available at: <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Order
The products covered by the Order include certain welded carbon
steel standard pipes and tubes with an outside diameter of 0.375 inch
or more but not over 16 inches. A full description of the scope of the
Order is contained in the Preliminary Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws its request within 90 days of the date of
publication of the notice of initiation. Nucor Tubular Products Inc.
(Nucor), a domestic interested party, timely withdrew its request for
an administrative review of the 29 companies listed in Appendix II
within 90 days of the date of publication of the Initiation Notice.\5\
As a result, Commerce is rescinding this review with respect to these
companies, in accordance with 19 CFR 351.213(d)(1).
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\5\ See Nucor's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated September 29, 2023.
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Preliminary Determination of No Shipments
Based on record information, we preliminarily determine that Surya
did not have knowledge that the subject merchandise was destined for
the United States, and, thus, Surya is not considered the exporter of
subject merchandise during the POR for the purposes of this review.\6\
Therefore, we preliminarily determine that Surya made no shipments of
subject merchandise during the POR. Consistent with Commerce's
practice, we find that it is not appropriate to rescind the review with
respect to Surya, but rather to complete the review and issue
[[Page 8161]]
appropriate instructions to CBP based on the final results of this
review.\7\
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\6\ See Preliminary Decision Memorandum at 3-4.
\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with the preliminary 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 the preliminary results in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce is rescinding the review
for 29 companies and preliminarily finding that Surya made no shipments
of subject merchandise during the POR, there are no calculations to
disclose.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\8\ Interested parties who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\9\
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\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide, at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, no including citations. We intend
to use the executive summaries as the basis of the comment summaries
included in the issues and decision memorandum that will accompany the
final results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule.
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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, filed electronically via
Commerce's electronic records system, ACCESS. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs.
A submission in ACCESS must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.
Assessment Rates
For entries of subject merchandise during the POR produced by
Surya, we will instruct CBP to liquidate suspended entries at the all-
others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\12\
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\12\ 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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For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period May 1,
2022, through April 30, 2023, in accordance with 19 CFR
351.212(c)(l)(i).
For the remaining companies, 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).
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.
Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
case and rebuttal briefs, within 120 days of publication of these
preliminary results in the Federal Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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 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 occurred and the subsequent assessment of doubled
antidumping 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: January 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Preliminary Determination of No Shipments
VI. Recommendation
Appendix II
List of Companies Subject to Rescission of Review
1. Apl Apollo Tubes Limited.
2. Asian Contec Ltd.
3. Bhandari Foils & Tubes Ltd.
4. Bhushan Steel Ltd.
5. Blue Moon Logistics Pvt. Ltd.
6. CH Robinson Worldwide.
7. Ess-Kay Engineers.
8. Manushi Enterprise.
9. Nishi Boring Corporation.
10. Garg Tube Export LLP; Garg Tube Limited.
11. GCL Private Limited.
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12. Goodluck India Ltd.
13. GVN Fuels Ltd.
14. Fiber Tech Composite Pvt. Ltd.
15. Hydromatik.
16. Jindal Quality Tubular Ltd.
17. KLT Automatic & Tubular Products Ltd.
18. Lloyds Line Pipes Ltd.; Lloyds Metals & Engineers Limited.
19. MARINEtrans India Private Ltd.
20. Patton International Ltd.
21. Raajratna Ventures Ltd.
22. Ratnamani Metals Tubes Ltd.
23. SAR Transport Systems Pvt. Ltd.
24. Surya Global Steel Tubes Ltd.
25. Vallourec Heat Exchanger Tubes Ltd.
26. Welspun India Ltd.
27. Zenith Birla (India) Ltd.
28. Zenith Birla Steels Private Ltd.
29. Zenith Dyeintermediates Ltd.
[FR Doc. 2024-02295 Filed 2-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 6, 2024.
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