[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74602-74604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26449]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-867]


Welded Stainless Pressure Pipe From India: Preliminary Results 
and Partial Rescission 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 finds 
that Ratnamani Metals & Tubes Ltd. (Ratnamani) made sales of subject 
merchandise at less than normal value (NV) in the United States during 
the November 1, 2020, through October 31, 2021, period of review (POR). 
We are also rescinding this review for Hindustan Inox, Ltd. (Hindustan 
Inox) where timely requests for withdrawal were filed by the party who 
requested its review. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable December 6, 2022.

FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1009.

SUPPLEMENTARY INFORMATION: 

Background

    On November 17, 2016, Commerce published the antidumping duty order 
in the Federal Register.\1\ On December 28, 2021, pursuant to section 
751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce 
initiated an administrative review of the Order.\2\ On July 19, 2022, 
we extended the deadline for the preliminary results to November 30, 
2022.\3\
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    \1\ See Welded Stainless Pressure Pipe from India: Antidumping 
and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016) 
(Order).
    \2\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 86 FR 73734 (December 28, 2021) (Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results,'' dated July 19, 2022.
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    Commerce initiated this administrative review covering the 
following companies: Apex Tubes Private Ltd.; Apurvi Industries; 
Arihant Tubes; Divine Tubes Pvt. Ltd.; Heavy Metal & Tubes; Hindustan 
Inox; J.S.S. Steelitalia Ltd.; Linkwell Seamless Tubes Private Limited; 
Maxim Tubes Company Pvt. Ltd.; MBM Tubes Pvt. Ltd.; Mukat Tanks & 
Vessel Ltd.; Neotiss Ltd.; Prakash Steelage Ltd.; Quality Stainless 
Pvt. Ltd.; Raajratna Metal Industries Ltd.; Ratnadeep Metal & Tubes 
Ltd.; Ratnamani; Remi Edelstahl Tubulars; Shubhlaxmi Metals & Tubes 
Private Limited; SLS Tubes Pvt. Ltd.; and Steamline Industries Ltd.\4\
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    \4\ See Initiation Notice, 86 FR at 73736.
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    On January 25, 2022, we limited the number of respondents selected 
for individual examination in this administrative review to Hindustan 
Inox and Ratnamani.\5\ We did not select the remaining companies for 
individual examination, and these companies remain subject to this 
administrative review.
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    \5\ See Memorandum, ``Respondent Selection,'' dated January 25, 
2022.
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Scope of the Order

    The products covered by the scope of the Order are welded stainless 
pressure pipe from India. For a complete description of the scope, see 
the Preliminary Decision Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Recission of the Administrative Review of the 
Antidumping Duty Order on Welded Stainless Pressure Pipe from India; 
2020-2021,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of

[[Page 74603]]

the Act. Export price was calculated in accordance with section 772 of 
the Act. Normal value was calculated in accordance with section 773 of 
the Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
included in the Preliminary Decision Memorandum is included in Appendix 
I to this notice. The Preliminary 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 Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Felker Brothers Corporation (the 
petitioner), on March 28, 2022, withdrawing its request for Hindustan 
Inox.\7\ Because the withdrawal request was timely filed, and no other 
party requested a review of the company, in accordance with 19 CFR 
351.213(d)(1), Commerce is rescinding this review of the Order with 
respect to Hindustan Inox.
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    \7\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated March 28, 2022.
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Non-Individually Examined Companies

    For the rate for non-selected companies in an administrative 
review, generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in a 
market economy investigation. Under section 735(c)(5)(A) of the Act, 
the all-others rate is normally ``an amount equal to the weighted 
average of the estimated weighted-average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' We preliminarily calculated a margin 
for Ratnamani that was not zero, de minimis, or based on facts 
available. Accordingly, we have preliminarily applied the margin 
calculated for Ratnamani to the non-selected companies.

Preliminary Results of Review

    We preliminarily determine that, for the period November 1, 2020, 
through October 31, 2021, the following weighted-average dumping 
margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Ratnamani Metals & Tubes Ltd................................       34.32
Non-Selected Companies \8\..................................       34.32
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Disclosure and Public Comment
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    \8\ See Appendix II for a full list of companies not 
individually examined in this review.
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    We intend to disclose the calculations performed for these 
preliminary results to parties within five days after the date of 
publication of this notice.\9\
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    \9\ See 19 CFR 351.224(b).
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    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice.\10\ 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.\11\ Parties who submit case 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.\12\ Case and rebuttal briefs should be filed 
using ACCESS.\13\ 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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    \10\ See 19 CFR 351.309(c)(1)(ii).
    \11\ See 19 CFR 351.309(d)(1).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See 19 CFR 351.303.
    \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 submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance within 30 days of the date of publication of this 
notice.\15\ Requests should contain: (1) the party's name, 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 the hearing 
at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \15\ See 19 CFR 351.310(c).
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    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case and rebuttal briefs, within 120 days 
of publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act, unless extended.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If the weighted-average 
dumping margin for Ratnamani is not zero or de minimis (i.e., less than 
0.50 percent) in the final results of this review, we will calculate 
importer-specific ad valorem duty assessment rates for the merchandise 
based on the ratio of the total amount of dumping calculated for the 
examined sales made during the POR to each importer and the total 
entered value of those same sales, in accordance with 19 CFR 
351.212(b)(1). Where an importer-specific ad valorem assessment rate is 
zero or de minimis in the final results of review, we will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties, in accordance with 19 CFR 351.106(c)(2). If a respondent's 
weighted-average dumping margin is zero or de minimis in the final 
results of review, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties, in accordance with the 
Final Modification for Reviews, i.e., ``{w{time} here the weighted-
average margin of dumping for the exporter is determined to be zero or 
de minimis, no antidumping duties will be assessed.'' \16\ For entries 
of subject merchandise during the POR produced by each respondent for 
which the producer did not know its 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 
(or

[[Page 74604]]

companies) involved in the transaction.\17\
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    \16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not individually examined, we intend 
to assign an assessment rate based on the review-specific average rate, 
calculated as noted in the ``Preliminary Results of Review'' section, 
above. The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
this review and for future deposits of estimated duties, where 
applicable.\18\ 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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    \18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following deposit requirements will be effective upon the 
publication of the final results of this administrative review 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 each specific 
company listed above 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 reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the producer or exporter participated; (3) if the exporter is not 
a firm covered in this review, a prior review, or the investigation but 
the producer is, 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 the all-others rate of 8.35 
percent.\19\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \19\ See Order, 81 FR at 81063.
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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 and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing 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: November 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Apex Tubes Private Ltd.
2. Apurvi Industries
3. Arihant Tubes
4. Divine Tubes Pvt. Ltd.
5. Heavy Metal & Tubes
6. J.S.S. Steelitalia Ltd.
7. Linkwell Seamless Tubes Private Limited
8. Maxim Tubes Company Pvt. Ltd.
9. MBM Tubes Pvt. Ltd.
10. Mukat Tanks & Vessel Ltd.
11. Neotiss Ltd.
12. Prakash Steelage Ltd.
13. Quality Stainless Pvt. Ltd.
14. Raajratna Metal Industries Ltd.
15. Ratnadeep Metal & Tubes Ltd.
16. Remi Edelstahl Tubulars
17. Shubhlaxmi Metals & Tubes Private Limited
18. SLS Tubes Pvt. Ltd.
19. Steamline Industries Ltd.

[FR Doc. 2022-26449 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-DS-P