Notice2024-29327
Welded Stainless Pressure Pipe From India: Preliminary Results and Partial Rescission 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
December 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Suncity Sheets Pvt., Ltd. (Suncity Sheets) made sales of welded stainless pressure pipe (WSPP) from India at less than normal value (NV) in the United States during the period of review (POR), November 1, 2022, through October 31, 2023. Additionally, Commerce is rescinding this administrative review with respect to certain companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100954-100957]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29327]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867]
Welded Stainless Pressure Pipe From India: Preliminary Results
and Partial Rescission 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) preliminarily finds
that Suncity Sheets Pvt., Ltd. (Suncity Sheets) made sales of welded
stainless pressure pipe (WSPP) from India at less than normal value
(NV) in the United States during the period of review (POR), November
1, 2022, through October 31, 2023. Additionally, Commerce is rescinding
this administrative review with respect to certain companies. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On November 17, 2016, Commerce published the antidumping duty (AD)
order on WSPP from India in the Federal Register.\1\ On November 2,
2023, Commerce published a notice of opportunity to request an
administrative review of the Order.\2\ On December 29, 2023, based on
timely requests for review, in accordance with section 751(a)(1) of the
Tariff Act of 1930, as
[[Page 100955]]
amended (the Act), and 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the Order covering five companies.\3\ On
February 16, 2024, we selected Seth Steelage Pvt. Ltd. (Seth Steelage)
and Suncity Sheets as the mandatory respondents in this administrative
review.\4\ On March 4, 2024, Seth Steelage timely withdrew its request
for review.\5\ On July 22, 2024, Commerce tolled certain deadlines in
this administrative proceeding by seven days.\6\ Pursuant to section
751(a)(3)(A) of the Act, on August 5, 2024, Commerce extended the
deadline for the preliminary results until December 6, 2024.\7\
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\1\ See Welded Stainless Pressure Pipe from India: Antidumping
and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016)
(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 75270 (November
2, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection,'' dated February 16,
2024, at 1.
\5\ See Seth Steelage's Letter, ``Withdrawal Request for
Administrative Review of Anti-Dumping Duty of Seth Steelage Private
Limited,'' dated March 4, 2024 (Seth Steelage's Withdrawal Letter).
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of Antidumping Duty Administrative Review,'' dated August 5,
2024.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\8\ A
list of topics included in the Preliminary Decision Memorandum is
included in the 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>.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Welded Stainless Pressure Pipe from India; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by the scope of the Order is WSPP from
India. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Export price is calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, In Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Seth Steelage, Ratnamani
Metals & Tubes Ltd. (Ratnamani), and Prakash Steelage Ltd (PSL) timely
withdrew the requests for review for each company.\9\ No other parties
requested an administrative review of Seth Steelage, Ratnamani, and
PSL. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this administrative review with respect to Seth Steelage,
Ratnamani, and PSL.
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\9\ See Ratnamani's Letter, ``Withdrawal Request for
Administrative Review of Antidumping Duty of Ratnamani Metals &
Tubes Ltd.,'' dated March 1, 2024; see also PSL's Letter,
``Withdrawal Request for Administrative Review of Anti-Dumping Duty
of Prakash Steelage Ltd,'' dated March 4, 2024, and Seth Steelage's
Withdrawal Letter.
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Remaining Firms Subject to the Review
Pursuant to the above-referenced rescission, two firms listed in
the Initiation Notice remain under review: Suncity Sheets and Suncity
Metals and Tubes Private Limited (Suncity Metals). In Suncity Sheet's
initial request for review, it identified that ``Suncity {Sheets Pvt.,
Ltd.{time} exported and entered into the U.S. subject merchandise in
the POR . . . since Suncity {Sheets Pvt., Ltd.{time} exported the
subject merchandise, it changed its name from Suncity Sheets Pvt.,
Ltd., to Suncity Metals and Tubes Private Limited. Therefore, it is
requesting a review of both companies.'' \10\ This fact pattern is
confirmed by the U.S. Customs and Border Protection (CBP) entry data
released to the record for the purposes of respondent selection, which
identifies Suncity Sheets as the exporter of entries during the POR and
Suncity Metals with no attributable entries in the period.\11\ As
Suncity Sheets was selected as the mandatory respondent for individual
review and reflects the sole firm with entries during the period not
otherwise rescinded upon, these preliminary results apply only Suncity
Sheets.
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\10\ See Suncity Sheet's Letter, ``Request for Administrative
Review of Suncity Metals and Tubes Private Limited and/or Suncity
Sheets Pvt., Ltd.,'' dated November 30, 2023.
\11\ See Memorandum, ``Release of U.S. Customs and Border
Protection Enny Data,'' dated January 4, 2024.
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Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d),
when Commerce receives information concerning, or a request from an
interested party for a review of, an order which shows changed
circumstances sufficient to warrant a review of such order after
publishing notice of the review in the Federal Register, Commerce shall
conduct a review of the determination based on those changed
circumstances. Commerce has used changed circumstance reviews (CCRs) to
consider the applicability of cash deposit rates after there have been
changes in the name or the structure of a respondent, such as a merger
or spinoff (successor-in-interest, or successorship, determinations).
Commerce has also made successor-in-interest determinations in the
context of administrative reviews and investigations.\12\
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\12\ See, e.g., Certain Frozen Warmwater Shrimp from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2018-
2019, 85 FR 83891 (December 23, 2020), and accompanying Issues and
Decision Memorandum at Comment 3.
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Based on Suncity Sheets's identification of Suncity Metals as the
successor to Suncity Sheets, Commerce finds it appropriate to conduct a
successor-in-interest analysis to determine the status of Suncity
Metals in this review. However, because the record currently lacks
sufficient information regarding the name change identified to allow
for a complete analysis at present, we hereby notify parties of our
intent to seek more information about the name change from Suncity
Sheets to Suncity Metals in the post-preliminary stage, with the intent
to conduct a successor in interest determination for purposes of the
final results of administrative review.
Preliminary Results of Review
We preliminarily determine the following estimated weighted-average
dumping margin exists for the period November 1, 2022, through October
31, 2023:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Suncity Sheets Pvt., Ltd................................... 56.39
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Disclosure and Public Comment
We intend to disclose the calculations and analysis performed for
these preliminary results to interested parties
[[Page 100956]]
within five days of any public announcement or, if there is no public
announcement, within five days after the date of publication of this
notice in the Federal Register in accordance with 19 CFR 351.224(b).
Commerce will announce the briefing schedule to interested parties
at a later date. Interested parties may submit case briefs on the
deadline that Commerce will announce.\13\ 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.\14\ 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.\15\
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\13\ See 19 CFR 351.309 (c)(1)(ii) and (d)(2).
\14\ See 19 CFR 351.309(d)(1); 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).
\15\ See 19 351.309(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.\16\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ 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
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign natioanl; 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. An electronically filed hearing request
must be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after
the date of publication of this notice.
Assessment Rates
Upon completion of this administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, and CBP shall
assess, antidumping duties on all appropriate entries of subject
merchandise covered by this review.\18\
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\18\ See 19 CFR 351.212(b)(1).
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For Suncity Sheets, whose weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.50 percent), we will calculate
importer-specific ad valorem AD 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 in accordance with
19 CFR 351.212(b)(1). If the respondent has not reported entered
values, we will calculate a per-unit assessment rate for each importer
by dividing the total amount of dumping calculated for the examined
sales made to that importer by the total quantity associated with those
sales. To determine whether an importer-specific, per-unit assessment
rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also
will calculate an importer-specific ad valorem ratio based on estimated
entered values. If Suncity Sheet's final weighted-average dumping
margin is zero or de minimis, or an importer-specific ad valorem
assessment rate is zero or de minimis, we intend to instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\19\
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\19\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Suncity
Sheets for which it did not know that the merchandise was destined for
the United States, we will instruct CBP to liquidate such entries at
the all-others rate in the original less-than-fair-value (LTFV)
investigation (i.e., 8.35 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\20\
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\20\ See Order, 81 FR at 81063; see also Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies listed above for which this review is being
rescinded, antidumping duties shall be assessed on entries at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
assessment instructions to CBP for the rescinded companies no earlier
than 35 days after the date of publication of this notice in the
Federal Register.
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.\21\
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\21\ See section 751(a)(2)(C) of the Act.
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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 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 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 each specific
company listed above will be equal to the weighted-average dumping
margin established in the final results of this administrative 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 rates will be zero; (2) for previously reviewed or investigated
companies not participating in this review, the cash deposit rate will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the producer or
exporter participated; (3) if the exporter is not a firm covered in
this review, a prior review, or the original investigation but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash
[[Page 100957]]
deposit rate for all other producers or exporters will continue to be
the all-others rate established in the LTFV investigation (i.e., 8.35
percent).\22\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\22\ See Order, 81 FR at 81063.
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Final Results of Review
Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of all issues raised 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).\23\
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\23\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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 assessment of doubled antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy 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. Partial Rescission of Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-29327 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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