[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 33980-33982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13732]


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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; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
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 India were made at less than 
normal value during the period of review (POR) June 1, 2019, through 
May 31, 2020. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable June 28, 2021.

FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0607 or (202) 
482-2285, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 11, 2018, Commerce published the antidumping duty order on 
cold-drawn mechanical tubing from India.\1\ On August 6, 2020, in 
accordance with 19 CFR 351.221(c)(i), Commerce initiated an 
administrative review of the Order, covering three producers/
exporters.\2\ On October 7, 2020, Pennar Industries Limited (a 
mandatory respondent) withdrew its request for administrative review of 
itself.\3\ Based on this request, we rescinded this review with respect 
to Pennar Industries Limited, in accordance with 19 CFR 
351.213(d)(1).\4\ The administrative review remains active with respect 
to the two remaining companies for which a review was initiated, i.e., 
Goodluck India Limited (Goodluck) \5\ and 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.\6\
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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, 85 FR 47734 (August 6, 2020).
    \3\ See Pennar Industries Limited, ``Withdrawal of Request for 
the Antidumping Duty of Pennar Industries Limited,'' October 7, 
2020.
    \4\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from India: Partial Rescission of Antidumping Duty 
Administrative Review; 2019-2020, 85 FR 68039 (October 27, 2020).
    \5\ Commerce is only reviewing entries that were produced, but 
not exported, by Goodluck, and/or entries that were exported, but 
not produced, by Goodluck. Pursuant to a Court of International 
Trade decision, effective May 10, 2020, Commerce excluded from the 
antidumping duty order certain cold-drawn mechanical tubing of 
carbon and alloy steel that was produced and exported by Goodluck. 
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).
    \6\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from India: Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2018-2019,'' 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 120 
days, until June 30, 2021.\7\
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    \7\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020,'' 
dated February 9, 2021.
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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

[[Page 33981]]

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/.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period June 1, 2019, through May 31, 
2020:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Tube Products of India, Ltd., a unit of Tube Investments of       13.06
 India Limited.............................................
------------------------------------------------------------------------

Preliminary Determination of No Shipments

    We preliminarily determine that Goodluck had no shipments of the 
subject merchandise to the United States during the POR.\8\ Consistent 
with its practice, Commerce finds that it is not appropriate to 
preliminarily rescind the review with respect to Goodluck, but rather 
to complete the review and issue appropriate instructions to U.S. 
Customs and Border Protection (CBP) based on the final results of this 
review.
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    \8\ See Preliminary Decision Memorandum; see also Memorandum, 
``No Shipments Determination--Goodluck India Limited,'' dated 
concurrently with this notice.
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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.\9\ 
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.\10\ 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.\11\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS \12\ and must be served on interested parties.\13\ Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\14\
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    \9\ See 19 CFR 351.224(b).
    \10\ 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).'').
    \11\ See 19 CFR 351.303 (for general filing requirements).
    \12\ See generally 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ 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.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. Commerce intends to 
issue assessment instructions to CBP 35 days after the date of 
publication of the final results of this administrative review in the 
Federal Register.
    For any individually examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), upon 
completion of the final results, Commerce will calculate importer-
specific assessment rates on the basis of the ratio of the total amount 
of dumping calculated for the importer's examined sales and the total 
entered value of sales. Where we do not have entered values for all 
U.S. sales to a particular importer/customer, we will calculate a per-
unit assessment rate by aggregating the antidumping duties due for all 
U.S. sales to that importer (or customer) and dividing this amount by 
the total quantity sold to that importer (or customer).\15\ To 
determine whether the duty assessment rates are de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
calculate importer- (or customer-) specific ad valorem ratios based on 
the estimated entered value. Where either a respondent's weighted-
average dumping margin is zero or de minimis, or an importer- (or 
customer-) specific ad valorem rate is zero or de minimis, we will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\16\
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    \15\ See 19 CFR 351.212(b)(1).
    \16\ See 19 CFR 352.106(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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    For each company which we determined had ``no shipments'' of the 
subject merchandise during the POR, upon completion of the final 
results, we will instruct CBP to liquidate all POR entries associated 
with that company at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction, consistent with 
Commerce's reseller policy.\17\
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    \17\ 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 entries of subject merchandise during the POR produced by each 
individually examined respondent for which it did not know its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate such entries at the all-others rate if there is no rate for 
the intermediate company(ies) involved in the transaction. 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.\18\
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    \18\ See section 751(a)(2)(C) of the Act.
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    As noted in the Timken Notice regarding Goodluck, the suspension of 
liquidation of Goodluck's entries must continue during the pendency of 
the process of appealing the Court of International Trade's ruling. If 
the ruling is upheld by the Court of Appeals for the Federal Circuit, 
Commerce will instruct CBP to terminate the suspension of liquidation 
and liquidate entries produced and exported by Goodluck without regard 
to antidumping duties.

[[Page 33982]]

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 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, 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,\19\ 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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    \19\ See Order, 83 FR at 16296.
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Final Results of Review

    Unless otherwise extended, Commerce intends 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

    These preliminary results are being 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: June 22, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2021-13732 Filed 6-25-21; 8:45 am]
BILLING CODE 3510-DS-P