[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77793-77794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27521]



[[Page 77793]]

-----------------------------------------------------------------------

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 
Reviews of Goodluck India Limited; 2017-2019 and 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Goodluck India Limited (Goodluck) made sales of certain cold-drawn 
mechanical tubing of carbon and alloy steel (CDMT) from India in the 
United States at prices below normal value (NV) during the periods of 
review (PORs) of November 22, 2017, through May 31, 2019 (AR1) and June 
1, 2019, through May 31, 2020 (AR2). We invite interested parties to 
comment on these preliminary results.

DATES: Applicable December 20, 2022.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-2243.

SUPPLEMENTARY INFORMATION: 

Background

    On June 11, 2018, Commerce published in the Federal Register the 
antidumping duty (AD) order on CDMT from India.\1\ On July 29, 2019, we 
initiated an administrative review of 16 companies, including Goodluck 
(i.e., AR1).\2\ Prior to the conclusion of AR1, pursuant to a decision 
of the U.S. Court of International Trade, entries of CDMT produced and 
exported by Goodluck were excluded from the Order,\3\ and AR1 was 
suspended with respect to the company.
---------------------------------------------------------------------------

    \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, 84 FR 36572 (July 29, 2019).
    \3\ 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).
---------------------------------------------------------------------------

    On August 6, 2020, we initiated an administrative review (AR2) of 
three companies, including Goodluck. However, due to the above-
referenced exclusion, the review only covered a limited subset of 
Goodluck's entries, i.e., entries that were produced, but not exported 
by, Goodluck, and entries that were exported, but not produced, by 
Goodluck.\4\
---------------------------------------------------------------------------

    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 47731 (August 6, 2020); see also 
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 (October 
29, 2021) (finding that Goodluck had no shipments during the POR 
under the producer/exporter combinations under review).
---------------------------------------------------------------------------

    On December 29, 2021, following Goodluck's reinstatement in the 
Order, Commerce published a notice announcing the resumption of AR1 
with respect to Goodluck, and the reinitiation of AR2 with respect to 
Goodluck.\5\
---------------------------------------------------------------------------

    \5\ See 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) (AR1 Resumption and AR2 Reinitiation Notice). As a result 
of Goodluck's reinstatement to the Order, AR2 now covers all entries 
produced and exported by Goodluck during the POR.
---------------------------------------------------------------------------

    On August 17, 2022, pursuant to section 751(a)(3)(A) of the Tariff 
Act of 1930, as amended (the Act), Commerce determined that it was not 
practicable to complete the preliminary results of these reviews within 
245 days, and we extended the preliminary results by 70 days, until 
November 9, 2022.\6\ On November 4, 2022, Commerce further extended the 
preliminary results for AR1 and AR2 by 35 days to December 14, 2022.\7\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2017-2019 and 2019-2020 Antidumping Duty Administrative 
Reviews of Goodluck India Limited,'' dated August 17, 2022.
    \7\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2017-2019 and 2019-2020 Antidumping Duty Administrative 
Reviews of Goodluck India Limited,'' dated November 4, 2022.
---------------------------------------------------------------------------

    For details regarding the events that occurred subsequent to the 
resumption and reinitiation of these reviews, see the Preliminary 
Decision Memorandum.\8\ 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 can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Reviews of Goodluck 
India Limited,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is certain cold-drawn 
mechanical tubing of carbon and alloy steel from India. For a full 
description of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting these reviews in accordance with sections 
751(a)(1) and (2) of the Act. We calculated export price in accordance 
with section 772 of the Act. We calculated NV 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 Results of Reviews

    We preliminarily determine the following weighted-average dumping 
margin exists for the period November 22, 2017, through May 31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Goodluck India Limited......................................        1.59
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter and producer                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Goodluck India Limited......................................        1.39
------------------------------------------------------------------------

Assessment Rates

    Upon completion of these administrative reviews, Commerce shall 
determine, and CBP shall assess, AD duties on all appropriate entries. 
If Goodluck's weighted-average dumping margin in either review is zero 
or de minimis within the meaning of 19 CFR 351.106(c), we will instruct 
CBP to liquidate the appropriate entries without regard to antidumping 
duties.
    In accordance with Commerce's ``automatic assessment'' practice, 
for

[[Page 77794]]

entries of subject merchandise during the PORs produced by Goodluck 
where the company did not know that the merchandise was destined for 
the United States, we will instruct CBP to liquidate those entries at 
the all-others rate established in the original less-than-fair-value 
(LTFV) investigation if there is no rate for the intermediate 
company(ies) involved in the transaction.\9\
---------------------------------------------------------------------------

    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    The final results of these reviews shall be the basis for the 
assessment of AD duties on entries of merchandise covered by these 
reviews and the final results of AR2 shall be the basis for future 
deposits of estimated duties, where applicable.\10\
---------------------------------------------------------------------------

    \10\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of 
these reviews 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 these administrative reviews, as provided by section 
751(a)(2)(C) of the Act: the cash deposit rate for merchandise produced 
and exported by Goodluck will be equal to the weighted-average dumping 
margin established in the final results of AR2, except if the rate is 
de minimis (i.e., less than 0.50 percent), in which case the cash 
deposit rate will be zero. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days of public announcement of the preliminary results or, if 
there is no public announcement, within five days of the date of 
publication of this notice.\11\ 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.\12\ 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.\13\ Case and rebuttal 
briefs should be filed using ACCESS.\14\ Executive summaries should be 
limited to five pages total, including footnotes. Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\15\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See generally 19 CFR 351.303.
    \15\ See Temporary Rule.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\16\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs.\17\ Parties are reminded that all briefs and 
hearing requests must be filed electronically using ACCESS and received 
successfully in their entirety by 5:00 p.m. Eastern Time on the due 
date. If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined.\18\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310.
    \18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless otherwise extended, Commerce intends to issue the final 
results of these administrative reviews, 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 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 results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: December 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

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. 2022-27521 Filed 12-19-22; 8:45 am]
BILLING CODE 3510-DS-P