[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 59982-59984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23562]


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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 and 
Final Determination of No Shipments; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Tube 
Products of India, Ltd., a unit of Tube Investments of India Limited 
(collectively, TII) made sales of subject merchandise in the United 
States at prices below normal value during the

[[Page 59983]]

period of review (POR) June 1, 2019, through May 31, 2020. In addition, 
Commerce determines that Goodluck India Limited (Goodluck) had no 
shipments during the POR.

DATES: Applicable October 29, 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) 
482-5305, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 28, 2021, Commerce published the Preliminary Results of the 
2019-2020 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 two producers and/or exporters of the subject merchandise, 
Goodluck \2\ and TII. For the events that occurred since Commerce 
published the Preliminary Results, see the Issues and Decision 
Memorandum.\3\ 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, 2019-2020, 86 FR 33980 (June 28, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ 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 (CIT) decision, effective May 10, 2020, Commerce excluded from 
the antidumping duty order certain cold-drawn mechanical tubing of 
carbon and alloy steel that is 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). On August 31, 2021, the Court of Appeals for 
the Federal Circuit reversed the CIT's decision, finding that 
Commerce's initial determination to reject Goodluck's supplemental 
submission was supported by substantial evidence and not contrary to 
law. See Goodluck India v. United States, 11 F.4th 1335 (Fed. Cir. 
2021); Goodluck India Ltd. v. United States, 439 F. Supp. 3d 1366 
(CIT 2020); and Goodluck India Ltd. v. United States, 393 F. Supp. 
3d 1352 (CIT 2019).
    \3\ 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; 
2019-2020,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order \4\
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    \4\ 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).
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    The product covered by this Order is cold-drawn mechanical tubing 
from India. A full description of the scope of the Order is contained 
in the Issues and Decision Memorandum.

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 https://access.trade/gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    We made no changes to the Preliminary Results.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Goodluck did 
not have shipments of subject merchandise during the POR.\5\ As we 
received no information to contradict our preliminary determination, we 
continue to find that Goodluck made no shipments of subject merchandise 
to the United States during the POR. We will issue appropriate 
instructions that are consistent with our ``automatic assessment'' 
clarification for Goodluck.
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    \5\ See Preliminary Results, 86 FR at 33981, and PDM at 5-6.
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Final Results of the Administrative Review

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

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       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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Disclosure

    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with a final results of review in 
accordance with 19 CFR 351.224(b). However, because Commerce made no 
adjustments to the margin calculation methodology used in the 
Preliminary Results, there are no calculations to disclose for the 
final results of review.

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). 
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).
    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of its 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 importer-specific per-unit 
duty assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
quantity of those sales. 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 regard to antidumping duties. To determine 
whether an importer-specific per-unit duty assessment rate is de 
minimis, we calculated an estimated entered value.
    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

[[Page 59984]]

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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    Consistent with Commerce's clarification of its assessment 
practice, 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\ Additionally, because we 
determined that Goodluck had no shipments of subject merchandise to the 
United States during the POR, for entries of subject merchandise during 
the POR produced, but not exported by Goodluck, and/or entries of 
subject merchandise exported, but not produced by Goodluck, we will 
instruct CBP to liquidate any entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\8\
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \8\ For a full discussion, see Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 
6, 2003).
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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 of the final results 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, the all-others rate 
established in the LTFV investigation in this proceeding. \9\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ See Order, 83 FR at 26962, 26965.
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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).

    Dated: October 25, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Discussion of the Issues
    Comment: Section 232 Duties
V. Recommendation

[FR Doc. 2021-23562 Filed 10-28-21; 8:45 am]
BILLING CODE 3510-DS-P