[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43295-43297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14395]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-873]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Preliminary Results of Antidumping Duty Administrative 
Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain cold-drawn mechanical tubing of carbon and 
alloy steel (cold-drawn mechanical tubing) from India was sold in the 
United States at less than normal value (NV) during the period of 
review (POR) of June 1, 2021, through May 31, 2022.

DATES: Applicable July 7, 2023.

FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0607 or (202) 
482-2285, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 11, 2018, Commerce published the antidumping duty (AD) 
order on cold-drawn mechanical tubing from India.\1\ On August 9, 2022, 
in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the Order, covering two producers/exporters, 
Goodluck India Limited (Goodluck) and Tube Products of India, Ltd., a 
unit of Tube Investments of India Limited (collectively, TII).\2\
---------------------------------------------------------------------------

    \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); 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) (collectively, Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation 
Notice).
---------------------------------------------------------------------------

    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), on January 17, 2023, Commerce

[[Page 43296]]

determined that it was not practicable to complete the preliminary 
results of this review within 245 days and extended the deadline for 
the preliminary results of this review until June 30, 2023.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022,'' 
dated January 17, 2023.
---------------------------------------------------------------------------

    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
The Preliminary Decision Memorandum is a public document and is 
available 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from India: Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

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 administrative review in accordance 
with section 751(a) of the Act. For a full description of the 
methodology underlying these preliminary results, see the Preliminary 
Decision Memorandum. A list of topics discussed in the Preliminary 
Decision Memorandum is attached as an appendix to this notice.

Preliminary Results

    We preliminarily determine the following weighted-average dumping 
margins for the period June 1, 2021, through May 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Goodluck India Limited......................................        0.58
Tube Products of India, Ltd., a unit of Tube Investments of         3.50
 India Limited..............................................
------------------------------------------------------------------------

Verification

    On November 8, 2022, the petitioners, ArcelorMittal Tubular 
Products LLC, Michigan Seamless Tube, LLC, PTC Alliance Corp., Webco 
Industries, Inc., and Zekelman Industries, timely requested that 
Commerce conduct verification of Goodluck's responses.\5\ Moreover, no 
verification was conducted during the two immediately preceding reviews 
of Goodluck. Therefore, Commerce intends to verify the information that 
Commerce relies upon for the final results with respect to Goodluck, as 
provided in section 782(i)(3) of the Act.
---------------------------------------------------------------------------

    \5\ See Petitioners' Letter, ``Petitioners' Verification Request 
for Goodluck,'' dated November 8, 2022.
---------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties with an 
Administrative Protective Order within five days of the date of 
publication of these preliminary results in accordance with 19 CFR 
351.224(b).
    Case briefs or other written comments may be submitted to Commerce. 
A timeline for the submission of case briefs and written comments will 
be provided to interested parties at a later date. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the date for filing case briefs.\6\ 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.\7\ Case and 
rebuttal briefs should be filed using ACCESS.\8\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).''); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS, within 30 days after the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues parties intend to discuss. Issues raised in 
the hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, Commerce intends 
to hold a hearing at a time and date to be determined.\9\ Parties 
should confirm the date, time, and location of the hearing two days 
before the scheduled date.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    An electronically filed document must be received successfully in 
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. 
Eastern Time on the date that the document is due. Commerce has 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\10\
---------------------------------------------------------------------------

    \10\ See Temporary Rule.
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless this deadline is extended.\11\
---------------------------------------------------------------------------

    \11\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    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 of subject merchandise covered by this review. Commerce intends 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of the final results of this administrative 
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).
    For an individually examined respondent whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.5 percent) 
in the final results of this review, Commerce intends to calculate an 
importer-specific assessment rate based on the ratio of the total 
amount of dumping calculated for each importer's examined sales to the 
total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1). Where we do not have entered values for all U.S. sales 
to a particular importer/customer, we will calculate a per-unit 
assessment rate by aggregating the antidumping duties due for all U.S. 
sales to that importer (or customer) and dividing this amount by the 
total quantity sold to that importer

[[Page 43297]]

(or customer).\12\ We intend to instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis (i.e., 0.50 percent). To determine 
whether the duty assessment rates are de minimis, in accordance with 
the requirement set forth in 19 CFR 351.106(c)(2), we calculate 
importer- (or customer-) specific ad valorem ratios based on the 
estimated entered value. Where either a respondent's weighted-average 
dumping margin is zero or de minimis, or an importer- (or customer-) 
specific ad valorem rate is zero or de minimis in the final results of 
review, we intend to instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.\13\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.212(b)(1).
    \13\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8103 (February 14, 2012).
---------------------------------------------------------------------------

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by the 
respondents for which they did not know that the merchandise was 
destined for the United States, we intend to instruct CBP to liquidate 
those entries at the all-others rate in the original less-than-fair-
value (LTFV) investigation.\14\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\15\
---------------------------------------------------------------------------

    \14\ See Order, 83 FR at 26965.
    \15\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for the companies listed above will be that 
established in the final results of this administrative review, except 
if the rate is less than 0.50 percent, and, therefore, de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rate will be zero; (2) for previously reviewed or investigated 
companies not covered in this review, the cash deposit rate will 
continue to be the company-specific cash deposit rate published for the 
most recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or the underlying investigation, but the producer is, 
then the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of the 
merchandise; and (4) 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.\16\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \16\ See Order, 83 FR at 26965.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary 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 occurred 
and the subsequent assessment of doubled antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: June 29, 2023.
Lisa W. Wang,
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
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-14395 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P