Notice2024-14764
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Antidumping Duty Administrative 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
July 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain cold- drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India for the period of review (POR) June 1, 2022, through May 31, 2023. Commerce preliminarily finds that Goodluck India Limited (Goodluck) and Tube Products of India, Ltd., a unit of Tube Investments of India Limited (TII) made sales of subject merchandise at prices below normal value (NV) during the POR. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 129 (Friday, July 5, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55552-55554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14764]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-873]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Preliminary Results of Antidumping Duty Administrative
Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on certain cold-
drawn mechanical tubing of carbon and alloy steel (cold-drawn
mechanical tubing) from India for the period of review (POR) June 1,
2022, through May 31, 2023. Commerce preliminarily finds that Goodluck
India Limited (Goodluck) and Tube Products of India, Ltd., a unit of
Tube Investments of India Limited (TII) made sales of subject
merchandise at prices below normal value (NV) during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable July 5, 2024.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or 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) 482-4682 or (202) 482-
3004, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce initiated an administrative review of
the antidumping duty order on cold-drawn mechanical tubing from
India,\1\ in accordance with section 751(a) of the Tariff Act of 1930,
as amended (the Act).\2\ This review covers two producers/exporters of
subject merchandise, Goodluck and TII. On January 31, 2024, Commerce
extended the deadline for these preliminary results until June 28,
2024.\3\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ 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); and Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from India: Notice of
Second Amended Final Determination; Notice of Amended Order; Notice
of Resumption of First and Reinitiation of Second Antidumping Duty
Administrative Reviews; Notice of Opportunity for Withdrawal; and
Notice of Assessment in Third Antidumping Duty Administrative
Review, 86 FR 74069 (December 29, 2021) (collectively, Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023), as corrected
by Initiation of Antidumping and Countervailing Duty Administrative
Review, 88 FR 71829 (October 18, 2023) (Initiation Notice). In the
August 3, 2023, notice (88 FR 51271), Commerce inadvertently listed
Tube Product of India, Ltd., a unit of Tube Investments of India
Limited. The correct spelling for this company is Tube Products of
India, Ltd., a unit of Tube Investments of India Limited.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
31, 2024.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
from India; 2022-2023,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is certain cold-drawn
mechanical tubing of carbon and alloy steel from India. For a full
description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export price in accordance with
section 772(a) of the Act. We calculated NV in accordance with section
773 of the Act.
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 included
as an appendix to this notice. The Preliminary 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
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period June 1, 2022, through May
31, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Goodluck India Limited.................................. 2.64
Tube Products of India, Ltd., a unit of Tube Investments 2.44
of India Limited.......................................
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Verification
As provided in section 782(i)(3)(B) of the Act and 19 CFR
351.307(b)(1)(iv), Commerce intends to verify the information provided
by Goodluck prior to the final results of this administrative review.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this
[[Page 55553]]
review.\6\ 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.\7\ Interested parties who submit case or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\8\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\7\ 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).
\8\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 briefs 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.\9\ Further, we
request that interested parties limit their public executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\10\
---------------------------------------------------------------------------
\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS,\11\ within 30 days after
the date of publication of this notice in the Federal Register.
Requests should contain: (1) the party's name, address, and telephone
number; (2) the number of participants and whether any participant is a
foreign national; and (3) a list of issues to be discussed. Issues
raised in the hearing will be limited to those raised in case and
rebuttal briefs.\12\ If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review.\13\ Pursuant to 19 CFR 351.212(b)(1), if the weighted-
average dumping margin for Goodluck or TII is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review, we
will calculate importer-specific assessment rates based on the ratio of
the total amount of dumping calculated for the importer's examined
sales to the total entered value of those same sales. If either
respondent's weighted-average dumping margin is zero or de minimis in
the final results of review, or if an importer-specific assessment rate
is zero or de minimis, Commerce will instruct CBP to liquidate
appropriate entries without regard to antidumping duties. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review,
and for future deposits of estimated duties, where applicable.\14\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.212(b).
\14\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Goodluck
or TII for which the company 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., 5.87 percent) \15\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\16\
---------------------------------------------------------------------------
\15\ See Order, 83 FR at 26965.
\16\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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).
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 the companies
listed above will be equal to the weighted-average dumping margins
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(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 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 in 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 5.87 percent, the
all-others rate established in the LTFV investigation as adjusted for
the export-subsidy rate in the companion countervailing duty
investigation.\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\17\ See Order, 83 FR at 26965.
---------------------------------------------------------------------------
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also 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 and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent
[[Page 55554]]
assessment of double antidumping duties, and/or an increase in the
amount of antidumping duties by the amount of the countervailing
duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 19 CFR 351.221(b)(4).
Dated: June 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-14764 Filed 7-3-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 5, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.