[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itself.\3\ Based on this request, we rescinded this review with respect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)
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Tube Products of India, Ltd., a unit of Tube Investments of 13.06
India Limited.............................................
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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