[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Notices]
[Pages 14872-14873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05740]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-502]


Welded Carbon Steel Standard Pipes and Tubes From India: Final 
Results of Antidumping Duty Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the sole 
producer and/or exporter subject to this administrative review, made 
sales of subject merchandise in the United States at less than normal 
value during the period of review (POR), May 1, 2018, through April 30, 
2019.

DATES: Applicable March 19, 2021.

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 July 24, 2020, Commerce published the Preliminary Results of the 
2018-2019 administrative review of the antidumping duty order on welded 
carbon steel standard pipes and tubes (pipe and tube) from India.\1\ 
The administrative review covers a sole producer and/or exporter of the 
subject merchandise, Garg Tube Export LLP and its affiliate, Garg Tube 
Limited (collectively, Garg Tube), constituting a single entity.\2\ We 
invited interested parties to comment on the Preliminary Results and 
received case and rebuttal briefs.\3\ On January 7, 2021, Commerce 
extended the deadline for the final results by 60 days to March 18, 
2021.\4\ Commerce conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Welded Carbon Steel Standard Pipes and Tubes from India: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 44860 (July 24, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Welded Carbon Steel Standard Pipes and Tubes from India: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 33916 (July 16, 2019), and accompanying Preliminary 
Decision Memorandum at 7-8, unchanged in Welded Carbon Steel 
Standard Pipes and Tubes from India: Final Results of Antidumping 
Duty Administrative Review; 2017-2018, 85 FR 2715 (January 16, 2020) 
(where we determined to collapse and consider these two companies as 
one entity).
    \3\ The domestic interested party (DIP) is Nucor Tubular 
Products Inc. See DIP's Letter, ``Certain Welded Carbon Steel 
Standard Pipes and Tubes from India: Case Brief and Request to 
Participate in Hearing,'' dated December 7, 2020; and Garg Tube's 
Letter, ``Antidumping Duty Review of Certain Welded Carbon Steel 
Standard Pipes and Tubes from India: Garg Tube's Case Brief,'' dated 
December 7, 2020; see also DIP's Letter, ``Certain Welded Carbon 
Steel Standard Pipes and Tubes from India: Rebuttal Brief,'' dated 
December 14, 2020; and Garg Tube's Letter, ``Antidumping Duty 
Administrative Review of Certain Welded Carbon Steel Standard Pipes 
and Tubes from India (2018-2019): Garg Tube's Rebuttal Brief,'' 
dated December 14, 2020.
    \4\ See Memorandum, ``Welded Carbon Steel Standard Pipes and 
Tubes from India: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated January 7, 2021.
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Scope of the Order

    The merchandise subject to the order is pipe and tube. The pipe and 
tube subject to the order is currently classifiable under subheadings: 
7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 
7306.30.5085, 7306.30.5090 of the Harmonized Tariff Schedule of the 
United States (HTSUS). While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description is 
dispositive. A full description of the scope of the order is contained 
in the Issues and Decision Memorandum.\5\
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    \5\ See Memorandum, ``Welded Carbon Steel Standard Pipes and 
Tubes from India: Issues and Decision Memorandum for the Final 
Results of Antidumping Duty Administrative Review; 2018-2019,'' 
dated concurrently with, and hereby adopted by this notice (Issues 
and Decision Memorandum).
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Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is in the appendix to 
this notice. The Issues and 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 https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.

[[Page 14873]]

Changes Since the Preliminary Results

    Based on the comments received, we made changes for these final 
results which are explained in the Issues and Decision Memorandum.

Final Results of the Administrative Review

    We determine that the following weighted-average dumping margin 
exists for the period May 1, 2018, through April 30, 2019.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
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Garg Tube Export LLP and Garg Tube Limited.................       13.90
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Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding within five days 
after public announcement of the final results, in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. For Garg Tube, we calculated importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for each importer's examined sales and the total entered 
value of those sales in accordance with 19 CFR 351.212(b)(1).\6\ Where 
an importer-specific assessment rate is de minimis (i.e., less than 0.5 
percent), the entries by that importer will be liquidated without 
reference to antidumping duties. For entries of subject merchandise 
during the POR produced by Garg Tube for which it did not know the 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction.\7\
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    \6\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\8\ 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).
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    \8\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of this notice for all shipments of 
pipe and tube from India entered, or withdrawn from warehouse, for 
consumption on or after the date of publication as provided by section 
751(a)(2) of the Act: (1) The cash deposit rate for Garg Tube will be 
equal to the weighted-average dumping margin established in the final 
results of the review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior completed 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published in the completed segment for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original investigation but the producer 
has been covered in a priorcompleted segment of this proceeding, then 
the cash deposit rate will be the rate established in the completed 
segment for the most recent period for the producer of the merchandise; 
(4) the cash deposit rate for all other producers or exporters will 
continue to be 7.08 percent, the all-others rate established in the 
less-than-fair-value investigation for this proceeding.\9\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ See Antidumping Duty Order; Certain Welded Carbon Steel 
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986).
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Notification to Importers

    This notice serves as a final 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results of administrative 
review in accordance with sections 751(a) and 777(i) of the Act and 19 
CFR 351.221(b)(5).

    Dated: March 15, 2020.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Particular Market Situation and Quantifying an 
Adjustment
    Comment 2: Partial Adverse Facts Available for Non-Cooperative 
Unaffiliated Suppliers' Costs
VI. Recommendation

[FR Doc. 2021-05740 Filed 3-18-21; 8:45 am]
BILLING CODE 3510-DS-P