[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67509-67511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23484]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-838]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From Italy: Preliminary Results of the Administrative Review of the 
Antidumping Duty Order; 2017-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of certain cold-drawn mechanical tubing of carbon and alloy 
steel (cold-drawn mechanical tubing) from Italy were made at less than 
normal value during the period of review (POR) November 22, 2017 
through May 31, 2019. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable October 23, 2020.

FOR FURTHER INFORMATION CONTACT: Robert Scully, 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) 482-0572.

SUPPLEMENTARY INFORMATION:

Background

    On June 11, 2018, Commerce published the antidumping duty order on 
CDMT from Italy.\1\ On July 29, 2019, in accordance with 19 CFR 
351.221(c)(i), Commerce initiated an administrative review of the 
antidumping duty order on cold-drawn mechanical tubing from Italy in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).\2\ On November 4, 2019, Commerce partially rescinded its 
review of six companies.\3\ As a result, this review covers one 
producer/exporter of subject merchandise, Dalmine S.p.A. (Dalmine).\4\ 
For details regarding the events that occurred subsequent to the 
initiation of the review, see the Preliminary Decision Memorandum.\5\
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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 Certain Cold Drawn Mechanical Tubing of Carbon and Alloy 
Steel from Italy: Partial Rescission of Antidumping Duty 
Administrative Review; 2017-2019, 84 FR 59357 (November 4, 2019).
    \4\ See Memorandum, ``Administrative Review of Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel: Respondent 
Selection,'' dated September 10, 2019; see also Certain Cold Drawn 
Mechanical Tubing of Carbon and Alloy Steel from Italy: Partial 
Rescission of Antidumping Duty Administrative Review; 2017--2019, 84 
FR 59357 (November 4, 2019).
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order: 
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from 
Italy; 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 Act, Commerce determined 
that it was not practicable to complete the

[[Page 67510]]

preliminary results of this review within 245 days and extended the 
preliminary results by 117 days, until June 26, 2020.\6\ On April 24, 
2020, Commerce tolled all deadlines in administrative reviews by 50 
days.\7\ On July 21, 2020, Commerce tolled deadlines for all 
preliminary and final results in administrative reviews by an 
additional 60 days.\8\ The deadline for the preliminary results of this 
review is now October 14, 2020.
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    \6\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing from 
Italy: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review,'' dated February 5, 2020.
    \7\ 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.
    \8\ 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 products covered by this order are certain cold-drawn 
mechanical tubing of carbon and alloy steel products from Italy. 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. 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)
------------------------------------------------------------------------
Dalmine S.p.A..............................................       11.38
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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 Dalmine'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 Dalmine'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.\9\
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    \9\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by 
Dalmine 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.\10\
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    \10\ 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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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

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 Dalmine 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 47.87 percent,\11\ the all-others rate 
established in the less-than-fair-value investigation. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \11\ 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).
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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.\12\ 
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.\13\ 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.\14\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS \15\ and must be served on interested parties.\16\ Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business

[[Page 67511]]

proprietary information, until further notice.\17\
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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See generally 19 CFR 351.303.
    \16\ See 19 CFR 351.303(f).
    \17\ 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. 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.

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, not 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 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

    This administrative review and notice are issued and published 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. Scope of the Order
IV. Discussion of the Methodology
V. Product Comparisons
VI. Date of Sale
VII. Export Price and Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2020-23484 Filed 10-22-20; 8:45 am]
BILLING CODE 3510-DS-P