[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40499-40500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14425]


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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; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain cold-drawn mechanical tubing of carbon and 
alloy steel (cold-drawn mechanical tubing) from India was sold in the 
United States at less than normal value (NV) during the period of 
review (POR) of June 1, 2020, through May 31, 2021.

DATES: Applicable July 7, 2022.

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 (AD) 
order on cold-drawn mechanical tubing from India.\1\ On August 3, 2021, 
in accordance with 19 CFR 351.221(c)(i), Commerce initiated an 
administrative review of the Order, covering one producer/exporter, 
Tube Products of India, Ltd., a unit of Tube Investments of India 
Limited (collectively, TII).\2\
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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); see also 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); 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, 86 FR 74069 (December 29, 2021) (collectively, Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 41821 (August 3, 2021) (Initiation 
Notice).
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    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), on February 14, 2022, 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 until June 30, 2022.\3\
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    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2021,'' 
dated February 14, 2022.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
The Preliminary Decision Memorandum is a public document and is 
available via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from India: Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is cold-drawn mechanical 
tubing from India. For a complete description of the scope of the 
Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative 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 discussed in the Preliminary 
Decision Memorandum is attached as an appendix to this notice.

Preliminary Results

    We preliminarily determine the following weighted-average dumping 
margin for the period June 1, 2020, through May 31, 2021:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
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Tube Products of India, Ltd., a unit of Tube Investments           17.31
 of India Limited.......................................
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Verification

    On November 11, 2021, the petitioners, PTC Alliance Corp., Webco 
Industries, Inc., and Zekelman Industries, requested that Commerce 
conduct verification of TII's responses. Accordingly, as provided in 
section 782(i)(3) of the Act, Commerce intends to verify the 
information relied upon in making its final results of the review.

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties with an 
Administrative Protective Order within five days of the date of public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b).
    Case briefs or other written comments may be submitted to Commerce. 
A timeline for the submission of case briefs and written comments will 
be provided to interested parties at a later date. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the date for filing case briefs.\5\ 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.\6\ Case and 
rebuttal briefs should be filed using ACCESS.\7\
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    \5\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19,85 FR 17006 
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020) (Temporary Rule).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
    \7\ See 19 CFR 351.303(f).
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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, U.S. Department of Commerce, 
filed electronically via ACCESS, within 30 days after the date of 
publication of this notice. Requests should contain: (1) the party's 
name,

[[Page 40500]]

address, and telephone number; (2) the number of participants; and (3) 
a list of issues parties intend to discuss. 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 a hearing at a time and date to be determined.\8\ Parties 
should confirm the date, time, and location of the hearing two days 
before the scheduled date.
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    \8\ See 19 CFR 351.310(d).
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    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 on the date that the document is due. Commerce has 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\9\
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    \9\ See Temporary Rule.
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless this deadline is extended.\10\
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    \10\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce intends to determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise covered by this review. 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative 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).
    If TII'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, 
Commerce intends to calculate an importer-specific assessment rate 
based on the ratio of the total amount of dumping calculated for each 
importer's examined sales to the total entered value of those sales, in 
accordance with 19 CFR 351.212(b)(1). 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).\11\ We intend to 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 above de minimis (i.e., 0.50 percent). 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, in the final results of review, we intend to 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\12\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8103 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by TII for 
which it did not know that the merchandise was destined for the United 
States, we intend to instruct CBP to liquidate those entries at the 
all-others rate in the original less-than-fair-value (LTFV) 
investigation.\13\ if there is no rate for the intermediate 
company(ies) involved in the transaction.\14\
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    \13\ See Order, 83 FR at 26965.
    \14\ 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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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for TII will be that 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 previously investigated companies not participating in this review, 
the cash deposit will continue to be the company-specific cash deposit 
rate published for the most recently completed segment of this 
proceeding in which the company participated; (3) if the exporter is 
not a firm covered in this review, a prior review, or the underlying 
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; and (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.\15\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \15\ See Order, 83 FR at 26965.
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Notification to Importers

    This notice 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

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: June 29, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

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. Currency Conversion
VI. Recommendation

[FR Doc. 2022-14425 Filed 7-6-22; 8:45 am]
BILLING CODE 3510-DS-P