[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1358-1359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00309]


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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: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain cold-drawn mechanical tubing of carbon and alloy steel (cold-
drawn mechanical tubing) from Italy was not sold in the United States 
at less than normal value during the period of review (POR) June 1, 
2020, through May 31, 2021. Additionally, Commerce determines that a 
company for which we initiated a review had no shipments during the 
POR.

DATES: Applicable January 10, 2023.

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 July 8, 2022, Commerce published the Preliminary Results.\1\ 
Commerce extended the deadline for the final results by 60 days until 
January 4, 2023.\2\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\3\
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    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from Italy: Preliminary Results of the Administrative Review 
of the Antidumping Duty Order; 2020-2021, 87 FR 40790 (July 8, 2022) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Cold-Drawn Mechanical Tubing of Carbon and 
Alloy Steel from Italy: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2020-2021,'' dated October 
12, 2022.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Administrative Review of the 
Antidumping Duty Order on Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from Italy,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

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 Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is included as the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    As noted in the Preliminary Results, we preliminarily determined 
that Metalfer SpA (Metalfer) had no entries of subject merchandise into 
the United States during the POR. We received no comments from 
interested parties with respect to this determination. Therefore, 
because the record indicates that this company did not export subject 
merchandise to the United States during the POR, we continue to find 
that Metalfer had no reviewable transactions during the POR. 
Accordingly, consistent with Commerce's practice, we intend to instruct 
U.S. Customs and Border Protection (CBP) to liquidate any existing 
entries of merchandise produced by Metalfer, but exported by other 
parties, at the rate for the intermediate reseller, if available, or at 
the all-others rate.\4\
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    \4\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average margin calculations for 
Dalmine S.p.A. (Dalmine).\5\
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    \5\ See Issues and Decision Memorandum at Comments 4 through 7.
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Final Results of Review

    Commerce determines 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
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Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with the final results within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and CBP shall assess, 
antidumping duties on all appropriate entries covered by this review.
    For Dalmine, we will instruct CBP to liquidate its entries during 
the POR imported by the importers and/or

[[Page 1359]]

customers identified in its questionnaire responses without regard to 
antidumping duties because Dalmine's weighted-average dumping margin in 
these final results is zero.\6\
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    \6\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103, 8103 (February 14, 
2012).
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    For entries of subject merchandise during the POR produced by 
Dalmine for which it 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(ies) involved in the transaction.\7\
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    \7\ 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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    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).

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 will be 
zero; (2) for merchandise exported by producers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review or 
the original less-than-fair-value (LTFV) 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 subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 47.87 percent,\8\ 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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    \8\ 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).
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Notification to Importers

    This notice serves as a final 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 has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: January 4, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Dalmine's Reported Surface Finishing Costs
    Comment 2: Major Inputs
    Comment 3: Cutting Costs Included in Total Cost of Manufacturing 
(TOTCOM)
    Comment 4: Home Market Billing Adjustments and Sales
    Comment 5: Indirect Selling Expenses
    Comment 6: U.S. Selling Expenses
    Comment 7: Currency Conversion
VI. Recommendation

[FR Doc. 2023-00309 Filed 1-9-23; 8:45 am]
BILLING CODE 3510-DS-P