[Federal Register Volume 85, Number 204 (Wednesday, October 21, 2020)]
[Notices]
[Pages 66930-66932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23270]


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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, Partial Rescission of Review, and Partial Discontinuation of 
Review; 2017-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain cold-drawn mechanical tubing of carbon and alloy steel 
(cold-drawn mechanical tubing) from India were made at less than normal 
value during the period of review (POR) November 22, 2017 through May 
31, 2019. We are also rescinding this review with respect to 14 
companies, and discontinuing this review with respect to one company. 
We invite interested parties to comment on these preliminary results.

DATES: Applicable October 21, 2020.

FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482-5305.

SUPPLEMENTARY INFORMATION:

Background

    On June 11, 2018, Commerce published the antidumping duty order on 
cold-drawn mechanical tubing from India.\1\ On July 29, 2019, in 
accordance with 19 CFR 351.221(c)(i), Commerce initiated an 
administrative review of the Order, covering 16 producers/exporters.\2\ 
As a result of the partial rescission and partial discontinuation of 
this review, discussed further below, the sole remaining producer/
exporter under review is Tube Products of India, Ltd., a unit of Tube 
Investments of India Limited (collectively, TII). For details regarding 
the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\3\
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    \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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 36572 (July 29, 2019).
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel from India; 2017-
2019,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), Commerce determined that it was not practicable to 
complete the preliminary results of this review within 245 days and 
extended the deadline for the preliminary results of this review by 117 
days, until June 26, 2020.\4\ On April 24, 2020, Commerce tolled all 
deadlines in administrative reviews by 50 days.\5\ On July 21, 2020, 
Commerce tolled deadlines for all preliminary and final results in 
administrative reviews by an additional 60 days.\6\ The deadline for 
the preliminary results of this review is now October 14, 2020.
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    \4\ See Memorandum, ``Cold-Drawn Mechanical Tubing from India: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review,'' dated February 24, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order

    The product covered by this order is cold-drawn mechanical tubing 
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) of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum. A 
list of topics included in the Preliminary Decision Memorandum is 
included as an appendix 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 https://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum is available at http://enforcement.trade.gov/frn/. The 
signed and electronic versions of the Preliminary Decision Memorandum 
are identical in content.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period November 22, 2017 through May 31, 
2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Tube Products of India, Ltd., a unit of Tube Investments of        7.93
 India Limited.............................................
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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. Subsequent to the initiation 
of this administrative review, the

[[Page 66931]]

petitioners \7\ timely withdrew their request for an administrative 
review of 14 companies: APL Apollo Tubes Ltd.; Automotive Steel Pipe; 
Hyundai Steel Pipe India Pvt., Ltd.; ISMT Limited; Jindal (India) Ltd.; 
Jindal Saw Ltd.; Khanna Industries Pipes Pvt. Ltd.; KLT Automotive 
Tubular Products Ltd.; Patton International Ltd.; Sandvik Asia Pvt. 
Ltd.; Surya Global Steel Tubes Ltd.; Surya Roshni Ltd.; Tata Steel Bsl 
Ltd. (fka Bhushan Steel Ltd.); and Zenith Birla Steels (India) Pvt., 
Ltd.\8\ No other party requested a review of these producers/exporters. 
As a result, Commerce is rescinding this review with respect to these 
14 companies, in accordance with 19 CFR 351.213(d)(1).
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    \7\ The petitioners are ArcelorMittal Tubular Products LLC, 
Michigan Seamless Tube, LLC, PTC Alliance Corp., and Webco 
Industries, Inc.
    \8\ See Petitioners' Letter, ``Cold-Drawn Mechanical Tubing from 
India--Domestic Industry's Partial Withdrawal of Request for First 
Administrative Review,'' dated October 8, 2019.
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Partial Discontinuation of Review

    On May 27, 2020, Commerce published a notice of a court decision 
not in harmony with a final determination in the less-than-fair-value 
(LTFV) investigation of cold-drawn mechanical tubing from India.\9\ At 
that time, Commerce amended its final determination in the LTFV 
investigation and revised the antidumping duty margin calculated for 
Goodluck India Limited (Goodluck).\10\ Additionally, in the Timken 
Notice, Commerce stated that it was implementing a partial exclusion 
from the Order for merchandise produced and exported by Goodluck.\11\ 
As a result, we are hereby discontinuing this review with respect to 
Goodluck because Goodluck only made sales to the United States of 
merchandise that it produced and exported.\12\
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    \9\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel From India: Notice of Court Decision Not in Harmony With Final 
Determination of Sales at Less Than Fair Value; Notice of Amended 
Final Determination Pursuant to Court Decision; and Notice of 
Revocation of Antidumping Duty Order, in Part, 85 FR 31742 (May 27, 
2020) (Timken Notice).
    \10\ Id., 85 FR at 31743.
    \11\ Id. The partial exclusion covers merchandise produced and 
exported by Goodluck. However, entries that were produced, but not 
exported, by Goodluck, and/or entries that were exported, but not 
produced, by Goodluck are not covered by the exclusion.
    \12\ See Goodluck's Letter, ``Goodluck Sections B, C, and D 
Questionnaire Response: Antidumping Duty Administrative Review on 
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from 
India,'' December 16, 2019, at Section C.
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\13\ 
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 seven days after the date for filing case 
briefs.\14\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue, (2) a brief summary of the argument, and (3) a table of 
authorities.\15\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS \16\ and must be served on interested parties.\17\ Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\18\
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    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \15\ See 19 CFR 351.303 (for general filing requirements).
    \16\ See generally 19 CFR 351.303.
    \17\ See 19 CFR 351.303(f).
    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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. An electronically-filed document 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. Interested parties who wish to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS within 30 days after the date of publication 
of this notice. 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 and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a time 
and date to be determined.

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. If TII's weighted-average dumping 
margin is not zero or de minimis (i.e., less than 0.5 percent) in the 
final results of this review, we will calculate importer-specific ad 
valorem antidumping duty 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). We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is not 
zero or de minimis. If TII's weighted-average dumping margin is zero or 
de minimis, we will instruct CBP to liquidate the 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 the final results of this review and for 
future deposits of estimated duties, where applicable.\19\
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    \19\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by TII 
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 if there is no rate for the intermediate company(ies) 
involved in the transaction.\20\ We intend to issue liquidation 
instructions covering TII's entries to CBP 15 days after publication of 
the final results of this review.
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    \20\ 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, antidumping 
duties shall be assessed 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)(l)(i). Commerce intends to issue appropriate assessment 
instructions to CBP 15 days after publication of this notice.
    For Goodluck, as noted in the Timken Notice, the suspension of 
liquidation of Goodluck's entries must continue during the pendency of 
the appeal process.\21\ The Court of International Trade's ruling has 
been appealed. If the ruling is upheld by the Court of Appeals

[[Page 66932]]

for the Federal Circuit, Commerce will instruct CBP to terminate the 
suspension of liquidation and to liquidate entries produced and 
exported by Goodluck without regard to antidumping duties.
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    \21\ Id.
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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 
finals results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for TII in the final 
results of review will be equal to the weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by producers or exporters 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 of this proceeding in which 
they were reviewed; (3) if the exporter is not a firm covered in this 
review or the original 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; (4) the cash deposit rate for all other producers or 
exporters will continue to be 5.87 percent,\22\ 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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    \22\ See Order, 83 FR at 16296.
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Final Results of Review

    Unless otherwise extended, Commerce intends intend to issue the 
final results of this administrative review, including the results of 
our analysis of issues raised by the parties in the written comments, 
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 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 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 results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: October 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Partial Rescission and Partial Discontinuation of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Product Comparisons
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation

[FR Doc. 2020-23270 Filed 10-20-20; 8:45 am]
BILLING CODE 3510-DS-P