[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16587-16589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05619]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-058, A-428-845, A-533-873, A-475-838, A-580-892, A-441-801]


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: Final Results of 
the Expedited First Sunset Review of the Antidumping Duty Orders

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

SUMMARY: As a result of these expedited sunset reviews, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty (AD) orders on certain cold-drawn mechanical tubing of 
carbon and alloy steel from the People's Republic of China (China), the 
Federal Republic of Germany (Germany), India, Italy, the Republic of 
Korea (Korea), and Switzerland would be likely to lead to continuation 
or recurrence of dumping at the levels indicated in the ``Final Results 
of Reviews'' section of this notice.

DATES: Applicable March 20, 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 January 3, 2023, Commerce published the notice of initiation of 
the sunset review of the AD orders on certain cold-drawn mechanical 
tubing of carbon and alloy steel from China, Germany, India, Italy, 
Korea, and Switzerland \1\ pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (the Act).\2\
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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) (Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 63 
(January 3, 2023) (Notice of Initiation).
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    On January 17, 2023, ArcelorMittal Tubular Products, Michigan 
Seamless Tube, LLC, PTC Alliance Corp., Webco Industries, Inc., and 
Zekelman Industries, Inc. (collectively, the domestic interested 
parties) notified Commerce of their intent to participate within the 
15-day period specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic 
interested parties claimed interested party status under section 
771(9)(C) of the Act as producers of domestic like product in the 
United States.
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    \3\ See Domestic Interested Parties' Letters, ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from China--Notice of 
Intent to Participate,'' dated January 17, 2023; ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from Germany--Notice of 
Intent to Participate,'' dated January 18, 2023; ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel From India--Notice of 
Intent to Participate,'' dated January 17, 2023; ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from Italy--Notice of 
Intent to Participate,'' dated January 17, 2023; ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel From Korea--Notice of 
Intent to Participate,'' dated January 18, 2023; and ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from Switzerland--Notice 
of Intent to Participate,'' dated January 18, 2023 (collectively, 
Notices of Intent to Participate).
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    On February 1, 2023, Commerce received complete substantive 
responses to the Notice of Initiation with respect to the Orders from 
the domestic interested parties within the 30-day period specified in 
19 CFR 351.218(d)(3)(i).\4\ Commerce did not receive a substantive 
response from any other interested parties with respect to the Orders 
covered by these sunset reviews. On February 24, 2023, Commerce 
notified the U.S. International Trade Commission that it did not 
receive an adequate substantive response from respondent interested

[[Page 16588]]

parties in any of these sunset reviews.\5\ As a result, pursuant to 
section 751(c)(3)(8) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted expedited (120-day) sunset reviews of the Orders.
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    \4\ See Domestic Interested Parties' Letters, ``First Sunset 
Review of the Antidumping Duty Order on Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from the People's 
Republic of China: Substantive Response to Notice of Initiation,'' 
dated February 1, 2023; ``First Sunset Review of the Antidumping 
Duty Order on Certain Cold-Drawn Mechanical Tubing of Carbon and 
Alloy Steel from the Federal Republic of Germany: Substantive 
Response to Notice of Initiation,'' dated February 2, 2023; ``First 
Sunset Review of the Antidumping Duty Order on Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from India: Substantive 
Response to Notice of Initiation,'' dated February 1, 2023; ``First 
Sunset Review of the Antidumping Duty Order on Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from Italy: Substantive 
Response to Notice of Initiation,'' dated February 1, 2023; ``First 
Sunset Review of the Antidumping Duty Order on Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from the Republic of 
Korea: Substantive Response to Notice of Initiation,'' dated 
February 2, 2023; and ``First Sunset Review of the Antidumping Duty 
Order on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from Switzerland: Substantive Response to Notice of 
Initiation,'' dated February 1, 2023.
    \5\ See Commerce's Letter, ``Sunset Reviews for January 2023,'' 
dated February 24, 2023.
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Scope of the Orders

    The scope of the Orders is certain cold-drawn mechanical tubing of 
carbon and alloy steel from China, Germany, India, Italy, Korea, and 
Switzerland. For a complete description of the scope of the Orders, see 
Appendix II to this notice.

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews 
is provided in the accompanying Issues and Decision Memorandum.\6\ A 
list of the issues discussed in the Issues and Decision Memorandum is 
attached at Appendix I 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 at 
https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited First Sunset Reviews of the 
Antidumping Duty Orders on 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,'' dated concurrently with, and hereby adopted by, 
this notice.
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Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Orders would likely lead to 
a continuation or recurrence of dumping and that the magnitude of the 
dumping margins likely to prevail would be weighted-average margins up 
to 186.89 percent for China, up to 209.06 percent for Germany, up to 
33.80 percent for India, up to 68.95 percent for Italy, up to 48.00 
percent for Korea, and up to 30.48 percent for Switzerland.

Administrative Protective Orders

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305. Timely notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing the results in accordance with 
sections 751(c), 752(c), and 771(i)(1) of the Act and 19 CFR 351.218.

    Dated: March 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. History of the Orders
IV. Legal Framework
V. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins of Dumping Likely To Prevail
VI. Final Results of Sunset Reviews
VII. Recommendation

Appendix II

Scope of the Orders

    The products covered by these orders are cold-drawn mechanical 
tubing of carbon and alloy steel (cold-drawn mechanical tubing) of 
circular cross-section, 304.8 mm or more in length, in actual 
outside diameters less than 331mm, and regardless of wall thickness, 
surface finish, end finish or industry specification. The subject 
cold-drawn mechanical tubing is a tubular product with a circular 
cross-sectional shape that has been cold-drawn or otherwise cold-
finished after the initial tube formation in a manner that involves 
a change in the diameter or wall thickness of the tubing, or both. 
The subject cold-drawn mechanical tubing may be produced from either 
welded (e.g., electric resistance welded, continuous welded, etc.) 
or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or 
alloy steel tubular products. It may also be heat treated after cold 
working. Such heat treatments may include, but are not limited to, 
annealing, normalizing, quenching and tempering, stress relieving or 
finish annealing. Typical cold-drawing methods for subject 
merchandise include, but are not limited to, drawing over mandrel, 
rod drawing, plug drawing, sink drawing and similar processes that 
involve reducing the outside diameter of the tubing with a die or 
similar device, whether or not controlling the inside diameter of 
the tubing with an internal support device such as a mandrel, rod, 
plug or similar device. Other cold-finishing operations that may be 
used to produce subject merchandise include cold-rolling and cold-
sizing the tubing.
    Subject cold-drawn mechanical tubing is typically certified to 
meet industry specifications for cold-drawn tubing including but not 
limited to:
    (1) American Society for Testing and Materials (ASTM) or 
American Society of Mechanical Engineers (ASME) specifications ASTM 
A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4 
(ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-
513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);
    (2) SAE International (Society of Automotive Engineers) 
specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, 
SAE J2435, SAE J2613;
    (3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 
6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, 
AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
    (4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-
6736;
    (5) foreign standards equivalent to one of the previously listed 
ASTM, ASME, SAE, AMS or MIL specifications including but not limited 
to:
    (a) German Institute for Standardization (DIN) specifications 
DIN 2391-2, DIN 2393-2, DIN 2394-2);
    (b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4, 
EN 10305-6 and European national variations on those standards 
(e.g., British Standard (BS EN), Irish Standard (IS EN) and German 
Standard (DIN EN) variations, etc.);
    (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 
3445; and
    (6) proprietary standards that are based on one of the above-
listed standards.
    The subject cold-drawn mechanical tubing may also be dual or 
multiple certified to more than one standard. Pipe that is multiple 
certified as cold-drawn mechanical tubing and to other 
specifications not covered by this scope, is also covered by the 
scope of these orders when it meets the physical description set 
forth above.
    Steel products included in the scope of these orders are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is 2 
percent or less by weight.
    For purposes of this scope, the place of cold-drawing determines 
the country of origin of the subject merchandise. Subject 
merchandise that is subject to minor working in a third country that 
occurs after drawing in one of the subject countries including, but 
not limited to, heat treatment, cutting to length, straightening, 
nondestruction testing, deburring or chamfering, remains within the 
scope of these orders.
    All products that meet the written physical description are 
within the scope of these orders unless specifically excluded or 
covered by the scope of an existing order. Merchandise that meets 
the physical description of cold-drawn mechanical tubing above is 
within the scope of these orders even if it is also dual or multiple 
certified to an otherwise excluded specification listed below. The 
following products are outside of, and/or specifically excluded 
from, the scope of these orders:
    (1) Cold-drawn stainless steel tubing, containing 10.5 percent 
or more of chromium

[[Page 16589]]

by weight and not more than 1.2 percent of carbon by weight;
    (2) products certified to one or more of the ASTM, ASME or 
American Petroleum Institute (API) specifications listed below:

ASTM A-53;
ASTM A-106;
ASTM A-179 (ASME SA 179);
ASTM A-192 (ASME SA 192);
ASTM A-209 (ASME SA 209);
ASTM A-210 (ASME SA 210);
ASTM A-213 (ASME SA 213);
ASTM A-334 (ASME SA 334);
ASTM A-423 (ASME SA 423);
ASTM A-498;
ASTM A-496 (ASME SA 496);
ASTM A-199;
ASTM A-500;
ASTM A-556;
ASTM A-565;
API 5L; and
API 5CT
except that any cold-drawn tubing product certified to one of the 
above excluded specifications will not be excluded from the scope if 
it is also dual- or multiple-certified to any other specification 
that otherwise would fall within the scope of these orders.
    The products subject to these orders are currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 
7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 
7306.50.5030. Subject merchandise may also enter under numbers 
7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are 
provided for convenience and customs purposes only. The written 
description of the scope of these orders are dispositive.

[FR Doc. 2023-05619 Filed 3-17-23; 8:45 am]
BILLING CODE 3510-DS-P