[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14143-14145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04567]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-874]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Preliminary Results of Countervailing Duty Administrative 
Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that countervailable subsidies are being provided to producers and 
exporters of certain cold-drawn mechanical tubing of carbon and alloy 
steel (cold-drawn mechanical tubing) from India during the period of 
review, January 1, 2021, through December 31, 2021. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable March 7, 2023.

FOR FURTHER INFORMATION CONTACT: Eliza DeLong or Eric Hawkins, 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) 482-3878 or (202) 482-1988, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2018, Commerce published the countervailing duty 
order on cold-drawn mechanical tubing from India.\1\ On February 8, 
2022, Commerce published a notice of initiation of an administrative 
review of the Order.\2\ On October 6, 2022, Commerce extended the time 
period for issuing these preliminary results by 120 days, in accordance 
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), to no later than February 28, 2023.\3\
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    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from the People's Republic of China and India: Countervailing 
Duty Orders, 83 FR 4637 (February 1, 2018) (Order).
    \2\ See Initiation and Countervailing Duty Administrative 
Reviews, 87 FR 21619 (April 12, 2022).
    \3\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from India: Extension of Deadline for 
Preliminary Results of Countervailing Duty Administrative Review, 
2021,'' dated October 6, 2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as the appendix 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.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Countervailing Duty Administrative Review: Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel from India; 
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 review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we preliminarily find that there is a subsidy, i.e., a 
financial contribution that gives rise to a benefit to the recipient, 
and the subsidy is specific.\5\ For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Review

    The Act and Commerce's regulations do not directly address the 
subsidy rate to be applied to companies not selected for individual 
examination where Commerce limits its examination in an administrative 
review pursuant to section 777A(e)(2) of the Act. However, Commerce 
normally determines the rates for non-selected companies in reviews in 
a manner that is consistent with section 705(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation. Section 777A(e)(2) of the Act provides that ``the 
individual countervailable subsidy rates determined under subparagraph 
(A) shall be used to determine the all-others rate under section 
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states 
that for companies not investigated, in general, we will determine an 
all-others rate by

[[Page 14144]]

weight-averaging the countervailable subsidy rates established for each 
of the companies individually investigated, excluding zero and de 
minimis rates or any rates based solely on the facts available.
    Accordingly, to determine the rate for companies not selected for 
individual examination, Commerce's practice is to weight average the 
net subsidy rates for the selected mandatory respondents, excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\6\ We preliminarily determine that Goodluck India Limited 
(Goodluck) and Tube Investments of India Ltd. (TII) received 
countervailable subsidies that are above de minimis and are not based 
entirely on facts available. Therefore, we preliminarily determine to 
apply the weighted average of the net subsidy rates calculated for 
Goodluck and TII using publicly ranged sales data submitted by those 
respondents to the non-selected companies.\7\ The companies for which a 
review was requested, and which were not selected as mandatory 
respondents or found to be cross-owned with a mandatory respondent, are 
Lal Baba Seamless Tubes Pvt. Ltd. and Metamorphosis Engitech India Pvt. 
Ltd.
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    \6\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
    \7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this 
memorandum.
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Preliminary Results of Review

    For the period January 1, 2021, through December 31, 2021, we 
preliminarily find that the following net subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Goodluck India Limited \8\..............................            3.53
Tube Investments of India Ltd \9\.......................            3.97
------------------------------------------------------------------------
                      Review-Specific Average Rate
                       Applicable to the Following
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Lal Baba Seamless Tubes Pvt. Ltd........................            3.79
Metamorphosis Engitech India Pvt. Ltd...................            3.79
------------------------------------------------------------------------

Disclosure and Public Comment
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    \8\ Entries for Goodluck India Limited may have been made under 
the following company names: Goodluck India Limited (formerly Good 
Luck Steel Tubes Limited); Good Luck Steel Tubes Limited Good Luck 
House; and Good Luck Industries.
    \9\ Tube Investments of India Ltd. is also known as Tube 
Investments of India Limited.
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    We will disclose to parties to this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of these preliminary results in accordance with 19 
CFR 351.224(b).\10\
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    \10\ See 19 CFR 351.224(b).
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    A timeline for the submission of case and rebuttal briefs and 
written comments will be provided to interested parties at a later 
date. 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.\11\ Case and rebuttal briefs should be filed using ACCESS 
\12\ and must be served on interested parties.\13\ 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.\14\
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    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See generally 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \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 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.\15\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, 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.\16\ 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 the date and time of the 
hearing two days before the scheduled date. 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.
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon here in advance of the final results 
of this review.

Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries in accordance with the final results of this 
review. If the assessment rate calculated in the final results is zero 
or de minimis, we will instruct CBP to liquidate all appropriate 
entries without regard to countervailing duties.
    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

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the companies listed above on 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, except where the rate calculated 
in the final results is zero or de minimis, no cash deposit will be 
required. For all non-reviewed firms, we will instruct CBP to continue 
to collect cash deposits of estimated countervailing duties at the most 
recent company-specific or all-others rate applicable to the company, 
as appropriate. These cash deposit instructions, when imposed, shall 
remain in effect until further notice.

Final Results of Review

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

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 
351.213.

    Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy 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

[[Page 14145]]

IV. Period of Review
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2023-04567 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P