[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40790-40792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14568]


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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 and Preliminary Determination of No Shipments; 
2020-2021

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

SUMMARY: The U.S. 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, 2020, through May 31, 2021. We also determine that one exporter 
had no shipments of cold-drawn mechanical tubing to the United States 
during the POR. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable July 8, 2022.

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 3, 2021, Commerce

[[Page 40791]]

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 
administrative review covers two producers/exporters of the subject 
merchandise.\3\ However, as discussed below, we preliminary find that 
one of these producers/exporters, Metalfer SpA (Metalfer), had no 
entries of subject merchandise into the United States during the POR. 
Pursuant to section 751(a)(3)(A) of the Act, Commerce extended the 
preliminary results by 120 days, until June 30, 2022.\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, 86 FR 41821 (August 3, 2021).
    \3\ Id.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review, 2020-2021,'' 
dated February 1, 2022.
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    For details regarding the events that occurred subsequent to the 
initiation of the review, see the Preliminary Decision Memorandum.\5\ 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
from Italy; 2020-2021,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by this order are certain cold-drawn 
mechanical tubing of carbon and alloy steel 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. Export price is calculated in accordance with 
section 772 of the Act. NV is calculated in accordance with section 773 
of the Act. For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    On August 4, 2021, Commerce released U.S. Customs and Border 
Protection (CBP) data and allowed parties to comment.\6\ The CBP data 
indicated that Dalmine S.p.A. (Dalmine) was the only respondent under 
review that had entries during the POR. Although Metalfer timely 
provided comments stating that it made a sale of subject merchandise 
during the POR,\7\ it was unable to demonstrate, at Commerce's request, 
that it had an associated POR entry.\8\ Based on the foregoing, 
Commerce preliminarily determines that Metalfer did not have any 
reviewable entries during the POR. For additional information regarding 
this determination, see the Preliminary Decision Memorandum.
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    \6\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data Query,'' dated August 4, 2021.
    \7\ See Metalfer's Letter, ``Certain Cold-Drawn Mechanical 
Tubing of Carbon and Alloy Steel from Italy: Comments on CBP Data,'' 
dated August 10, 2021.
    \8\ See Metalfer's Letter, ``Certain Cold-Drawn Mechanical 
Tubing of Carbon and Alloy Steel from Italy: Response to Request for 
Documentation,'' dated September 1, 2021.
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    Consistent with Commerce's practice, we are not preliminarily 
rescinding the review with respect to Metalfer but, rather, we will 
complete the review with respect to Metalfer and issue appropriate 
instructions to CBP based on the final results of this review.

Preliminary Results of the Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Dalmine S.p.A...............................................        0.00
------------------------------------------------------------------------

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 each 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.\9\
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    \9\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by 
Dalmine or Metalfer for which that company did not know that the 
merchandise was destined for the United States, we will instruct CBP to 
liquidate those entries at 47.87 percent, the all-others rate 
established in the less-than-fair-value (LTFV) investigation,\10\ if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\11\
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    \10\ See Order.
    \11\ 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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    We intend to issue liquidation instructions to CBP 35 days after 
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).

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 
final 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; 
(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

[[Page 40792]]

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, 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,\12\ 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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    \12\ 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 preliminary results.\13\ 
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.\14\ 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.\15\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS \16\ and must be served on interested parties.\17\ Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\18\
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    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See generally 19 CFR 351.303.
    \17\ See 19 CFR 351.303(f).
    \18\ 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.

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 
351.221(b)(4).

    Dated: June 30, 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. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2022-14568 Filed 7-7-22; 8:45 am]
BILLING CODE 3510-DS-P