[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74069-74071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28269]


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DEPARTMENT OF COMMERCE

International Trade Administration


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
from India: Notice of Second Amended Final Determination; Notice of 
Amended Order; Notice of Resumption of First and Reinitiation of Second 
Antidumping Duty Administrative Reviews; Notice of Opportunity for 
Withdrawal; and Notice of Assessment in Third Antidumping Duty 
Administrative Review

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

SUMMARY: On August 31, 2021, the Court of Appeals for the Federal 
Circuit (CAFC) issued its final judgment in Goodluck India Limited v. 
United States, Consol. Court no. 2020-2017, reversing and remanding the 
August 13, 2019 decision of the Court of International Trade (CIT). On 
November 17, 2021, in accordance with the CAFC's decision, the CIT 
issued a final judgment vacating its August 13, 2019 opinion and 
sustained the Department of Commerce (Commerce)'s final determination 
in the less-than-fair-value (LTFV) investigation of certain cold-drawn 
mechanical tubing of carbon and alloy steel (cold-drawn mechanical 
tubing) from India. Therefore, Commerce is hereby reinstating the final 
determination from the LTFV investigation and antidumping duty order 
with respect to the dumping margin assigned to Goodluck India Limited 
(Goodluck). As a result, we are: (1) Revising the prior revocation of 
the order with respect to Goodluck; (2) resuming the discontinued first 
administrative review with respect to Goodluck; (3) reinitiating the 
second administrative review with respect to all entries produced and 
exported by Goodluck during the period of review (POR); and (4) 
directing U.S. Customs and Border Protection (CBP) to assess final 
antidumping duties on all entries produced and exported by Goodluck 
during the third administrative review POR.

DATES: Applicable September 10, 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 April 16, 2018, Commerce published its Final Determination in 
the LTFV investigation of cold-drawn mechanical tubing from India.\1\ 
In the Final Determination, Commerce applied a rate based on adverse 
facts available to Goodluck after finding that the company failed to 
accurately report product ``control numbers'' in its home market sales 
and cost of production databases.\2\ Although Goodluck attempted to 
submit new databases at the start of Commerce's verification of 
Goodluck's questionnaire responses, Commerce declined to accept the 
revised information, determining that such a revision did not 
constitute a ``minor correction.'' \3\ Therefore, Commerce assigned 
Goodluck a rate of 33.80 percent. On June 11, 2018, Commerce published 
its AD Order on cold-drawn mechanical tubing from India.\4\
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    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from India: Final Affirmative Determination of Sales at Less 
than Fair Value, 83 FR 16296 (April 16, 2018) (Final Determination) 
and accompanying Issues and Decision Memorandum (IDM).
    \2\ See IDM at Comments 1 and 2.
    \3\ Id. at Comment 1.
    \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) (AD Order).
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    Goodluck appealed Commerce's Final Determination. On August 13, 
2019, the CIT remanded the Final Determination to Commerce and 
instructed Commerce to consider the revised databases provided by 
Goodluck.\5\ On remand, and under respectful protest, Commerce issued 
its final results of redetermination in accordance with the Court's 
order, calculating an estimated weighted-average dumping margin of 0.00 
percent for Goodluck.\6\ In calculating the revised dumping margin for 
Goodluck, Commerce relied on the corrections provided by Goodluck. On 
April 30, 2020, the CIT sustained Commerce's Final Remand 
Redetermination.\7\ On May 27, 2020, Commerce published the Amended 
Final/Timken Notice relating to the

[[Page 74070]]

CIT's decision, in which we issued an amended final determination, and 
partially revoked the Order with respect to Goodluck.\8\
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    \5\ See Goodluck India Limited v. United States, Court No. 18-
00162, Slip Op. 19-110 (CIT August 13, 2019) (Remand Order).
    \6\ See Final Results of Redetermination Pursuant to Court 
Remand, Goodluck India Limited v. United States, Court No. 18-00162, 
Slip Op. 19-110, dated December, 23 2019 (Final Redetermination), 
available at https://access.trade.gov/resources/remands/19-110.pdf.
    \7\ See Goodluck India Limited v. United States, Court No. 18-
00162, Slip Op. 20-57 (CIT April 30, 2020).
    \8\ 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) (Amended Final/Timken Notice).
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    The petitioners \9\ challenged the CIT's decision sustaining the 
Final Remand Redetermination and appealed the decision to the CAFC. On 
August 31, 2021, the CAFC reversed and remanded the CIT's decision 
affirming the Final Remand Redetermination.\10\ Following the CAFC's 
decision, on November 17, 2021, the CIT subsequently vacated its Remand 
Order and sustained Commerce's original Final Determination.\11\
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    \9\ The petitioners are: ArcelorMittalTubular Products; Michigan 
Seamless Tube, LLC; Plymouth Tube Co., USA; PTC Alliance Corp.; 
Webco Industries, Inc.; and Zekelman Industries, Inc.
    \10\ See Goodluck India Limited v. United States, 11 F.4th 1335 
(Fed. Cir. 2021) (CAFC Goodluck Decision).
    \11\ See Goodluck India Limited v. United States, Court No. 18-
00162, ECF No. 74 (CIT November 17, 2021).
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Amended Final Determination

    Commerce is hereby revising the Amended Final Determination, which 
was issued pursuant to the CIT's now-vacated judgement in the Amended 
Final/Timken Notice. Consistent with Commerce's decision in the LTFV 
investigation, Commerce is revising the Amended Final Determination and 
assigning the following dumping margin to Goodluck:

------------------------------------------------------------------------
                                             Estimated
                                             weighted-     Cash deposit
                Exporter                      average     rate (adjusted
                                          dumping margin  for offset(s))
                                             (percent)       (percent)
------------------------------------------------------------------------
Goodluck India Limited..................           33.80           33.70
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Amended Antidumping Duty Order

    As a result of this amended final determination, in which Commerce 
assigned a dumping margin of 33.80 percent to Goodluck, Commerce is 
reinstating the Order with respect to Goodluck.

Resumption of Discontinued Antidumping Duty Administrative Reviews for 
Goodluck

    In the Amended Final/Timken Notice, Commerce amended the final 
determination and AD Order in this proceeding and stated that 
``{a{time} s a result of this amended final determination, in which 
Commerce has calculated an estimated weighted-average dumping margin of 
0.00 percent for Goodluck, Commerce is hereby excluding merchandise 
produced and exported by Goodluck from the AD Order.'' \12\ As a result 
of the CIT's decision at that time, we discontinued the first 
administrative review with respect to Goodluck \13\ and we did not 
conduct a review of entries both produced and exported by Goodluck in 
the second administrative review.\14\
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    \12\ Timken Notice, 85 FR 31742.
    \13\ 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).
    \14\ See 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, 86 FR 59982, 59984 (October 29, 2021).
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    However, as discussed above, the CAFC reversed the CIT's decision, 
and, as a result, Goodluck is now subject to the AD Order. Therefore, 
we are resuming the first administrative review with respect to 
Goodluck and are also reinitiating the second administrative review 
with respect to all entries produced and exported by Goodluck during 
the POR.\15\ We will not revisit these reviews for any company other 
than Goodluck.
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    \15\ The first review covers the period November 22, 2017, 
through May 31, 2019. The second review covers the period June 1, 
2019, through May 31, 2020. When Commerce previously conducted the 
second administrative review, we only examined entries of subject 
merchandise produced, but not exported by, Goodluck, and entries of 
subject merchandise exported, but not produced by, Goodluck. Id.
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    Given the unique circumstances at issue, Commerce is permitting 
parties an opportunity to withdraw their request(s) for either 
administrative review, if they wish to do so. Any such withdrawal 
requests must be submitted within 14 days of publication of this 
Federal Register notice on the record of the respective administrative 
review in ACCESS.\16\ Parties are reminded that such requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date. If all review requests are withdrawn for 
Goodluck for either administrative review, Commerce intends to issue a 
subsequent Federal Register notice rescinding the administrative review 
with respect to Goodluck and directing CBP to assess final antidumping 
duties at 33.70 percent, the cash deposit rate that would have 
prevailed in the absence of the now-vacated CIT decision.
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    \16\ ACCESS is Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System, and is 
available to registered users at http://access.trade.gov.
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    Following the period for withdrawal of review requests, if there 
are any remaining review requests for Goodluck, Commerce will invite 
parties to provide comments relating to our approach in conducting 
these administrative reviews (including, for example, whether Goodluck 
should be treated as a mandatory respondent or a non-selected company). 
A memorandum outlining the timeline for comments will be placed on the 
records of each administrative review segment.

Notice of Assessment

    Commerce did not receive a request for an administrative review of 
the antidumping duty order with respect to Goodluck for the period of 
June 1, 2020, through May 31, 2021, i.e., the third administrative 
review. Therefore, in accordance with 19 CFR 351.212(c), we will 
instruct CBP to liquidate all entries for Goodluck and to assess 
antidumping duties on merchandise entered, or withdrawn from warehouse, 
for consumption at 33.70 percent, the cash deposit rate that would have 
prevailed in the absence of the now-vacated CIT decision.

Cash Deposit Requirements

    Commerce will issue revised cash deposit instructions to CBP. 
Effective September 10, 2021, Goodluck's cash deposit rate will be 
33.70 percent.

[[Page 74071]]

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: December 21, 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.
[FR Doc. 2021-28269 Filed 12-28-21; 8:45 am]
BILLING CODE 3510-DS-P