Notice2024-27319
Welded Carbon Steel Standard Pipes and Tubes From India: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
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 21, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On November 7, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Garg Tube Export LLP and Garg Tube Limited v. United States, Court No. 21-00169, sustaining the U.S. Department of Commerce's (Commerce) first and second remand results pertaining to the administrative review of the antidumping duty (AD) order on welded carbon steel standard pipes and tubes (pipe and tube) from India covering the period May 1, 2018, through April 30, 2019. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to Garg Tube Limited and Garg Tube Export LLP (collectively, Garg Tube).
Full Text
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<title>Federal Register, Volume 89 Issue 225 (Thursday, November 21, 2024)</title>
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[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Notices]
[Pages 92091-92092]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27319]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-502]
Welded Carbon Steel Standard Pipes and Tubes From India: Notice
of Court Decision Not in Harmony With the Results of Antidumping
Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2024, the U.S. Court of International Trade
(CIT) issued its final judgment in Garg Tube Export LLP and Garg Tube
Limited v. United States, Court No. 21-00169, sustaining the U.S.
Department of Commerce's (Commerce) first and second remand results
pertaining to the administrative review of the antidumping duty (AD)
order on welded carbon steel standard pipes and tubes (pipe and tube)
from India covering the period May 1, 2018, through April 30, 2019.
Commerce is notifying the public that the CIT's final judgment is not
in harmony with Commerce's final results of the administrative review
and that Commerce is amending the final results with respect to the
dumping margin assigned to Garg Tube Limited and Garg Tube Export LLP
(collectively, Garg Tube).
DATES: Applicable November 17, 2024.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2021, Commerce published its Final Results in the
2018-2019 AD administrative review of pipe and tube from India.\1\
Commerce calculated a weighted-average dumping margin of 13.90 percent
for Garg Tube.\2\
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\1\ See Welded Carbon Steel Standard Pipes and Tubes from India:
Final Results of Antidumping Duty Administrative Review; 2018-2019,
86 FR 14872 (March 19, 2021) (Final Results), and accompanying
Issues and Decision Memorandum.
\2\ Id. at 14873.
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Garg Tube appealed Commerce's Final Results. On February 3, 2023,
the CIT granted Commerce's request for a voluntary remand to
recalculate Garg Tube's weighted-average dumping margin established in
the Final Results without making a cost-based particular market
situation (PMS) adjustment.\3\ In its final results of the first remand
redetermination, issued in March 2023, Commerce reversed a PMS
adjustment made to the cost of production (COP) in the Final Results
and recalculated Garg Tube's weighted-average dumping margin
accordingly.\4\
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\3\ See Garg Tube Export LLP and Garg Tube Limited v. United
States, Court No. 21-00169 (CIT February 3, 2023); see also
Commerce's February 2, 2023, consent motion for a voluntary remand
(the CIT granted the motion without modification).
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Garg Tube Export LLP and Garg Tube Limited v. United States,
Court No. 21-00169, (CIT February 3, 2023), dated March 16, 2023.
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On April 8, 2024, the CIT remanded the Final Results to Commerce,
holding that it was not reasonably discernable from Commerce's analysis
which statutory provision under section 776 of the Tariff Act of 1930,
as amended (the Act), it was relying upon in applying partial adverse
facts available (AFA) with respect to COP for pipe and tube sourced
from an unaffiliated supplier.\5\ The CIT further held that to the
extent that Commerce relied on section 776(a) of the Act, Commerce must
further support its determination by addressing the Mueller \6\
factors, and to the extent Commerce relied on section 776(b) of the
Act, Commerce must explain why Garg Tube did not act to the best of its
ability and do all that it could to cooperate.\7\
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\5\ See Garg Tube Export LLP and Garg Tube Limited v. United
States, 698 F. Supp. 3d 1230 (CIT 2024) (Garg Tube).
\6\ See Mueller Comercial de Mexico, S. de R.L. de C.V. v.
United States, 753 F.3d 1227 (Fed. Cir. 2014) (Mueller).
\7\ See Garg Tube.
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In its final results of the second remand redetermination, issued
in July 2024, Commerce clarified its methodology and, under respectful
protest, modified the margin calculations for Garg Tube by relying on
facts available, with no adverse inference, to fill the gap in the
record on the unaffiliated supplier's missing COP information caused by
its non-cooperation.\8\ The CIT sustained
[[Page 92092]]
Commerce's final results of the first and second redeterminations.\9\
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\8\ See Final Results of Redetermination Pursuant to Court
Remand, Garg Tube Export LLP and Garg Tube Limited v. United States,
698 F. Supp. 3d 1230 (CIT 2024), dated July 8, 2024.
\9\ See Garg Tube Export LLP and Garg Tube Limited v. United
States, Court No. 21-00169, Slip Op. 24-124 and Judgment Order (CIT
November 7, 2024).
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Timken Notice
In its decision in Timken,\10\ as clarified by Diamond
Sawblades,\11\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to sections 516A(c) and (e) of the Act, Commerce must
publish a notice of court decision that is not ``in harmony'' with a
Commerce determination and must suspend liquidation of entries pending
a ``conclusive'' court decision. The CIT's November 7, 2024, judgment
constitutes a final decision of the CIT that is not in harmony with
Commerce's Final Results. Thus, this notice is published in fulfillment
of the publication requirements of Timken.
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\10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\11\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Garg Tube as follows:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Garg Tube Export LLP and Garg Tube Limited................. 4.25
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Cash Deposit Requirements
Because Garg Tube does not have a superseding cash deposit rate,
i.e., there have not been final results published in a subsequent
administrative review, we will issue revised cash deposit instructions
to U.S. Customs and Border Protection (CBP).
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were produced and/or exported by Garg Tube,
and were entered, or withdrawn from warehouse, for consumption during
the period May 1, 2018, through April 30, 2019. These entries will
remain enjoined pursuant to the terms of the injunction during the
pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise produced and/or exported by Garg Tube in accordance
with 19 CFR 351.212(b). We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific ad valorem assessment rate is not zero or de minimis.
Where an import-specific ad valorem assessment rate is zero or de
minimis,\12\ we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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\12\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: November 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-27319 Filed 11-20-24; 8:45 am]
BILLING CODE 3510-DS-P
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