[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41384-41385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13485]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-873]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Final 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) determines 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).

DATES: Applicable June 26, 2023.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos 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) 482-2243.

SUPPLEMENTARY INFORMATION:

Background

    On December 20, 2022, Commerce published the Preliminary Results of 
these reviews in the Federal Register.\1\ We invited interested parties 
to comment on the Preliminary Results. Between January 26, 2023, and 
February 9, 2023, Commerce received timely-filed briefs and rebuttal 
briefs from Goodluck and from ArcelorMittal Tubular Products LLC, 
Michigan Seamless Tube, LLC, Plymouth Tube, PTC Alliance Corp., Webco 
Industries, Inc., and Zekelman Industries (collectively, the 
petitioners).\2\
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    \1\ See 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; 87 FR 77793 (December 20, 2022) (Preliminary Results), 
and accompanying Preliminary Decision Memorandum); see also 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).
    \2\ See Petitioners' Letters, ``Petitioners' Case Brief for 
Goodluck India Limited,'' dated January 26, 2023; ``Petitioners' 
Case Brief for Goodluck India Limited,'' dated January 26, 2023; and 
Goodluck's Letters, ``Goodluck Administrative Case Brief,'' dated 
January 26, 2023; ``Goodluck Administrative Case Brief,'' dated 
January 26, 2023. See also Petitioners' Letters, ``Petitioners' 
Rebuttal Brief for Goodluck India Limited,'' dated February 9, 2023; 
``Petitioners' Rebuttal Brief for Goodluck India Limited,'' dated 
February 9, 2023; and Goodluck's Letters, ``Goodluck Administrative 
Rebuttal Brief,'' dated February 9, 2023; ``Goodluck Administrative 
Rebuttal Brief,'' dated February 9, 2023.
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    On April 12, 2023, we extended the deadline for the final results, 
in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.213(h)(2) \3\ until June 16, 2023. On 
May 24, 2023, Commerce held a hearing during which parties presented 
arguments in their case briefs.\4\
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    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
2017-2019 and 2019-2020 Antidumping Duty Administrative Reviews for 
Goodluck India Limited,'' dated April 12, 2023.
    \4\ See Hearing Transcript, ``Public Hearing in the Matter of 
the Administrative Review of the Antidumping Duty Order on Cold-
Drawn Mechanical Tubing from India,'' dated May 24, 2023.
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    Based on an analysis of the comments received, we did not make 
changes to the weighted-average dumping margins calculated for 
Goodluck. The weighted-average dumping margins are listed in the 
``Final Results of Review'' section, below. Commerce conducted these 
reviews in accordance with section 751(a) of the Act.

Scope of the Order 5
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    \5\ 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).
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    The merchandise covered by the Order is CDMT from India. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.\6\
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Reviews of 
Goodluck India Limited: Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from India 2017-2019 & 2019-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum, which is hereby adopted by this 
notice. The issues are identified in 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.

Changes Since the Preliminary Results

    Based on our review and analysis of the comments received from 
parties, we did not make changes to Goodluck's margin calculations. See 
the Issues and Decision Memorandum.

Final Results of Reviews

    We are assigning the following weighted-average dumping margin to 
Goodluck for the period November 22, 2017, through May 31, 2019:

[[Page 41385]]



------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Exporter/producer                          margin
                                                            (percent)
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Goodluck India Limited.................................            1.59
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    We are assigning the following weighted-average dumping margin to 
Goodluck for the period June 1, 2019, through May 31, 2020:
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    \7\ Commerce previously completed a 2019-2020 review of entries 
for which Goodluck India Limited was either the exporter or the 
producer, but not both. See 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) (CDMT AR2 2021 Final). Here, 
Commerce has completed its review of entries exported and produced 
by Goodluck India Limited. Accordingly, with the conclusion of this 
review, Commerce has assigned a cash deposit rate to all Goodluck 
entries, consistent with its standard practice.

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                                                            Weighted-
                                                         average dumping
                 Exporter/producer \7\                        margin
                                                            (percent)
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Goodluck India Limited.................................            1.39
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Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
these reviews.
    Where an importer- (or customer-) specific ad valorem or per-unit 
rate is greater than de minimis (i.e., 0.50 percent), Commerce will 
instruct CBP to collect the appropriate duties at the time of 
liquidation.\8\ Where an importer- (or customer-) specific ad valorem 
or per-unit rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\9\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ See 19 CFR 351.106(c)(2).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the 2017-2019 POR produced by 
Goodluck for which 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 investigation if there is no rate for the intermediate 
company(ies) involved in the transaction.\10\ Additionally, for the 
2017-2019 POR, we intend to instruct CBP to take into account the 
``provisional measures deposit cap,'' in accordance with 19 CFR 
351.212(d).
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    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003). We note that the 2019-2020 administrative 
review only covers entries produced and exported by Goodluck during 
the POR. See AR1 Resumption and AR2 Reinitiation Notice; see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 85 FR 47731 (August 6, 2020); see also CDMT AR2 2021 Final, 
86 FR at 59983 (finding that Goodluck had no shipments during the 
POR under the producer/exporter combinations under review). We note 
that Commerce's ``automatic assessment'' practice, referenced above, 
does not apply to entries during the 2019-2020 POR under these 
circumstances, because Commerce previously issued the final results 
of review with respect to such entries, along with corresponding 
customs instructions.
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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 
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 CDMT from India entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results as 
provided by section 751(a)(2) of the Act: (1) the cash deposit rate for 
entries for Goodluck will be equal to the weighted-average dumping 
margin established in the final results of the 2020-2021 review; (2) 
for merchandise exported by companies not covered in these reviews but 
covered in another completed segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published in 
the most recently-completed segment; and (3) the cash deposit rate for 
all other producers or exporters will continue to be 5.87 percent, the 
all-others rate established in the LTFV investigation in this 
proceeding.\11\
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    \11\ See Orders, 83 FR at 24964.
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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 these PORs. Failure to comply with this 
requirement could result in the presumption that reimbursement of 
antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable 
violation.

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 351.221(b)(5).

    Dated: June 16, 2023.
Abdelali Elouaradia,
Deputy 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: Whether Commerce Erred in Applying its Differential 
Pricing Analysis
    Comment 2: Whether Goodluck Properly Assigned Grades to Subject 
Merchandise
    Comment 3: Whether Goodluck Properly Relied on Theoretical 
Weight in its Reporting
    Comment 4: Whether Commerce Should Accept Goodluck's Reported 
Scrap Offset
VI. Recommendation

[FR Doc. 2023-13485 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-DS-P