[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37858-37859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12330]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-867]


Welded Stainless Pressure Pipe From India: Final Results 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) determines that 
welded stainless pressure pipe (WSPP) from India was sold in the United 
States at less than normal value during the period of review (POR), 
November 1, 2020, through October 31, 2021.

DATES: Applicable June 9, 2023.

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 December 6, 2022, Commerce published the Preliminary Results for 
this review in the Federal Register and invited interested parties to 
comment on those results.\1\ On January 19, 2023, Commerce received 
case briefs from Ratnamani Metals & Tubes Ltd. (Ratnamani) and Apex 
Tubes Private Ltd. (Apex).\2\ On January 31, 2023, Felker Brothers 
Corporation (the petitioner) submitted a rebuttal brief.\3\ For a 
summary of the events that occurred since the Preliminary Results, see 
the Issues and Decision Memorandum.\4\ Commerce conducted this review 
in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as 
amended (the Act).
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    \1\ See Welded Stainless Pressure Pipe from India: Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review; 2020-2021, 87 FR 74602 (December 6, 2022) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ See Ratnamani's Letter, ``Ratnamani's Case Brief,'' dated 
January 19, 2023; see also Apex's Letter, ``Case Brief,'' dated 
January 19, 2023.
    \3\ See Petitioner's Letter, ``Petitioner's Rebuttal Brief,'' 
dated January 31, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of Antidumping Duty Administrative Review: Welded Stainless Pressure 
Pipe from India; 2020-2021,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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    \5\ See Welded Stainless Pressure Pipe from India: Antidumping 
and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016) 
(Order).
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    The products covered by the scope of the Order are WSPP from India. 
For a complete description of the scope, see the Issues and Decision 
Memorandum.\6\
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    \6\ See Issues and Decision Memorandum.
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Rates for Companies Not Selected for Individual Examination

    For the rate for non-selected respondents 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} .'' In this segment of the proceeding, 
we have calculated a weighted-average dumping margin that is not zero, 
de minimis, or determined entirely on the basis of facts available for 
Ratnamani. Accordingly, Commerce is assigning Ratnamani's rate to the 
companies not selected for individual examination, which are listed 
below.

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 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 directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the margin calculation for Ratnamani, as well as the rate 
applied to the non-selected companies. For a discussion of these 
changes, see the Issues and Decision Memorandum.

Final Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Ratnamani Metals & Tubes Ltd................................        7.57
Non-Selected Companies \7\..................................        7.57
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Disclosure
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    \7\ See Appendix II for a full list of the companies not 
individually examined in this review.
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    Commerce intends to disclose the calculations performed for these 
final results to interested parties in this review under administrative 
protective order (APO) within five days of the date of publication of 
this notice 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 U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), for 
Ratnamani, we calculated importer-specific antidumping duty assessment 
rates by aggregating the total amount of dumping calculated for the 
examined sales of each importer and dividing each of these amounts by 
the total entered value associated with those sales. Where either the 
respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer specific

[[Page 37859]]

assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    Commerce will ``automatically assess'' entries of subject 
merchandise during the POR for which the examined companies did not 
know that the merchandise they sold to an intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, 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.
    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the company-specific weighted-average 
dumping margin determined in these final results.
    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 rates for the companies 
identified above in the ``Final Results of Review'' will be equal to 
the company-specific weighted-average dumping margin established in the 
final results of this administrative review; (2) for merchandise 
exported by a company not covered in this administrative review but 
covered in a completed 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 completed prior 
segment of this proceeding but the producer is, the cash deposit rate 
will be the company-specific 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 8.35 percent, the rate established in the 
investigation of this proceeding.\8\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \8\ See Order, 81 FR at 81063.
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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 and/or countervailing 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 and/or countervailing duties has 
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.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
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 or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the term 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: June 2, 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. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Select a Different Date of 
Sale
    Comment 2: Whether Commerce Should Adjust for Value Added Taxes 
(VAT)
    Comment 3: Whether Commerce Failed to Adjust for Export 
Subsidies
    Comment 4: Whether Commerce Should Modify the Non-Selected Rate
VI. 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. 2023-12330 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P