[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21695-21697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08411]


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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: Final Results of Antidumping Duty Administrative Review; 
2017-2019

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), November 22, 2017, through May 
31, 2019.

DATES: Applicable April 23, 2021.

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 October 21, 2020, Commerce published the Preliminary Results of 
the 2017-2019 administrative review of the antidumping duty order on 
certain cold-drawn mechanical tubing of carbon and alloy steel (cold-
drawn mechanical tubing) from India.\1\ The administrative review 
covers one producer and/or exporter of the subject merchandise, Tube 
Products of India, Ltd. a unit of Tube Investments of India Limited 
(TII). In November and December 2020, the petitioners \2\ and TII 
submitted case and rebuttal briefs.\3\ On February 8, 2021, Commerce 
extended the deadline for the final results by 57 days to April 16, 
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 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, 85 FR 66930 (October 21, 2020) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ The petitioners are ArcelorMittal Tubular Products LLC, 
Michigan Seamless Tube, LLC, Plymouth Tube, PTC Alliance Corp., and 
Webco Industries, Inc.
    \3\ See Petitioners' Letter, ``Petitioners' Case Brief for Tube 
Investment of India Ltd.,'' dated November 24, 2020; TII's Letter, 
``Cold-Drawn Mechanical Tubing from India: Case Brief,'' dated 
November 24, 2020; TII's Letter, ``Cold-Drawn Mechanical Tubing from 
India: Rebuttal Case Brief,'' dated December 4, 2020; and 
Petitioners' Letter, ``Petitioners' Rebuttal Brief for Tube 
Investment of India Ltd.,'' dated December 4, 2020.
    \4\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from India: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review, 2017-2019,'' 
dated February 8, 2021.
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Scope of the Order

    The product covered by this order is cold-drawn mechanical tubing 
from India. A full description of the scope of

[[Page 21696]]

the order is contained in the Issues and Decision Memorandum.\5\
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    \5\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from India: Issues and Decision Memorandum 
for the Final Results of Antidumping Duty Administrative Review; 
2017-2019,'' 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/.

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 November 22, 2017, through May 31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Tube Products of India, Ltd., a unit of Tube Investments of         7.96
 India Limited..............................................
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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

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of their U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. Where the respondent 
did not report entered value, we calculated the entered value in order 
to calculate the assessment rate. 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. We 
intend to instruct CBP to take into account the ``provisional measures 
deposit cap,'' in accordance with 19 CFR 351.212(d).
    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.\6\
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    \6\ 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 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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    \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 for all 
shipments of cold-drawn mechanical tubing 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 TII 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 or the original less-
than-fair-value (LTFV) investigation, but the producer is, 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 5.87 percent,\9\ the all-others rate established in the LTFV 
investigation in this proceeding.\10\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \9\ 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, 26965 (June 11, 2018).
    \10\ Id.
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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 Commerce'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).


[[Page 21697]]


    Dated: April 16, 2021.
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: Return Quantities
    Comment 2: Billing Adjustments
    Comment 3: Inland Freight Expenses
    Comment 4: Export Subsidy Offset
VI. Recommendation

[FR Doc. 2021-08411 Filed 4-22-21; 8:45 am]
BILLING CODE 3510-DS-P