[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36096-36098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14560]


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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; 2019-2020

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 have not been made at 
less than normal value (NV) 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 July 8, 2021.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon, 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) 482-6274.

SUPPLEMENTARY INFORMATION:

Background

    On June 11, 2018, Commerce published the antidumping duty order on 
cold-drawn mechanical tubing from Italy.\1\ On August 6, 2020, Commerce

[[Page 36097]]

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\ This review 
covers one producer/exporter of subject merchandise, Dalmine S.p.A. 
(Dalmine).\3\ For details regarding the events that occurred subsequent 
to the initiation of the review, see the Preliminary Decision 
Memorandum.\4\
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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 47731 (August 6, 2020) (Initiation 
Notice).
    \3\ Id., 85 FR at 47734.
    \4\ 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; 2019-2020,'' 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 preliminary results of this 
review within the 245 days and extended these preliminary results by 
120 days, until June 30, 2021.\5\
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    \5\ See Memorandum, ``Certain Cold Drawn Mechanical Tubing from 
Italy: Extension of Deadline for Preliminary Results of the 
Antidumping Duty Administrative Review, 2019-2020,'' dated February 
3, 2021.
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Scope of the Order

    The products covered by the 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. We calculated export price and constructed export 
price in accordance with section 772 of the Act. We calculated NV in 
accordance with section 773 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/.

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)
------------------------------------------------------------------------
Dalmine S.p.A..............................................        0.00
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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.\6\
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    \6\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
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 in the original less-than-fair value (LTFV) 
investigation (i.e., 47.87 percent) \7\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\8\
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    \7\ See Order.
    \8\ 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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    Consistent with its recent notice,\9\ 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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    \9\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 884 (January 
15, 2021).
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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 
except if the rate is less than 0.50 percent and, therefore, de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rate will be zero; (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 LTFV 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,\10\ the all-
others rate established in the LTFV investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \10\ See Order.
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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

[[Page 36098]]

preliminary results.\11\ 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.\12\ 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.\13\ Executive summaries 
should be limited to five pages total, including footnotes. 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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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \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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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\15\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and 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. 
Parties should confirm the date and time of the hearing two days before 
the scheduled date. Parties are reminded that all briefs and hearing 
requests must be filed electronically using ACCESS and received 
successfully in their entirety by 5:00 p.m. Eastern Time on the due 
date.
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    \15\ See 19 CFR 351.310(c).
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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 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 
351.213 and 19 CFR 351.221(b)(4).

    Dated: June 30, 2021.
Christian Marsh,
Acting 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. 2021-14560 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P