[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48442-48443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15950]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-867]


Welded Stainless Pressure Pipe From India: Amended 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) is amending the 
final results of the administrative review of the antidumping duty 
order on welded stainless pressure pipe (WSPP) from India to correct 
certain ministerial errors. The period of review is November 1, 2020, 
through October 31, 2021.

DATES: Applicable July 27, 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 June 9, 2023, Commerce published the Final Results of the 2020-
2021 administrative review of WSPP from India.\1\ Additionally, on June 
7, 2023, Commerce informed interested parties that it had disclosed all 
calculations for the Final Results and provided them with the 
opportunity to submit ministerial error comments.\2\ Subsequently, on 
June 12, 2023, Commerce received a timely-filed allegation on behalf of 
the Felker Brothers Corporation (the petitioner) regarding the 
calculation of the final weighted-average dumping margin for Ratnamani 
Metals & Tubes Ltd. India's (Ratnamani).\3\ No other interested party 
submitted comments.
---------------------------------------------------------------------------

    \1\  See Welded Stainless Pressure Pipe from India: Final 
Results of Antidumping Duty Administrative Review; 2020-2021, 88 FR 
37858 (June 9, 2023) (Final Results), and accompanying Issues and 
Decision Memorandum.
    \2\ See Memorandum, ``Deadline for Ministerial Error Comments,'' 
dated June 7, 2023.
    \3\ See Petitioner's Letter, ``Ministerial Error Comments 
Concerning Ratnamani Metals & Tubes Ltd. India,'' dated June 12, 
2023.
---------------------------------------------------------------------------

Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended, (the Act), 
and 19 CFR 351.224(f) defines a ``ministerial error'' as including 
``errors in addition, subtraction, or other arithmetic function, 
clerical errors resulting from inaccurate copying, duplication, or the 
like, and any other unintentional error which the administering 
authority considers ministerial.'' With respect to final results of 
administrative reviews, 19 CFR 351.224(e) provides that Commerce ``will 
analyze any comments received and, if appropriate, correct any 
ministerial error by amending . . . the final results of review . . . 
.''

Ministerial Error

    The petitioner alleges that Commerce made a ministerial error in 
the Final Results, within the meaning of section 751(h) of the Act and 
19 CFR 351.224(f), when valuing international movement expenses for 
Ratnamani's final dumping margin calculations. In particular, the 
petitioner argues that Commerce unintentionally excluded certain 
movement expenses when it made adjustments for other reported U.S. 
price-related expenses, noting that it is Commerce's practice to 
include these expenses in the calculation of net U.S. price. This error 
resulted in an incorrect weighted-average dumping margin calculated for 
Ratnamani.\4\
---------------------------------------------------------------------------

    \4\ Id. at 2.
---------------------------------------------------------------------------

    We agree with the petitioner that a ministerial error was made in 
not including certain international movement expenses in the final 
calculation of Ratnamani's net U.S. price. In the Preliminary Results, 
Commerce stated that it had ``calculated export price in accordance 
with 772(c)(2)(A) of the Act and, where appropriate, made adjustments 
to the starting price for billing adjustments while deductions were 
made for inland freight from the plant or warehouse to the port of 
exportation and Indian and U.S. brokerage and handling fees.'' \5\ We 
have revised the margin calculations for Ratnamani to include the 
movement expenses in question.
---------------------------------------------------------------------------

    \5\ 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), and accompanying 
Preliminary Decision Memorandum at 8.
---------------------------------------------------------------------------

    Details of Commerce's analysis of the petitioner's ministerial 
error allegation are included in the Ministerial Error Allegation 
Memorandum.\6\ The Ministerial Error Allegation 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.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Ministerial Error Allegation,'' dated 
concurrently with this notice (Ministerial Error Allegation 
Memorandum).
---------------------------------------------------------------------------

    Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending 
the Final Results to reflect the correction of this ministerial error 
in the calculation of the weighted-average dumping margin assigned to 
Ratnamani, which changes from 7.57 percent to 7.96 percent.\7\ 
Furthermore, because Ratnamani was the sole respondent in this 
administrative review, we are also applying this amended rate to those 
companies not selected for individual examination in this review.
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Amended Final Results Analysis Memorandum 
for Ratnamani Metals & Tubes Ltd.,'' dated concurrently with this 
notice.
---------------------------------------------------------------------------

Amended Final Results of Review

    As a result of correcting these ministerial errors, Commerce 
determines that the following weighted-average dumping margins exist 
for the period November 1, 2020, through October 31, 2021:
---------------------------------------------------------------------------

    \8\ See the Appendix to this notice for a full list of the 
companies not individually examined in this review.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Ratnamani Metals & Tubes Ltd............................            7.96
Non-Selected Companies \8\..............................            7.96
------------------------------------------------------------------------


[[Page 48443]]

Disclosure

    We will disclose the calculations performed for these amended final 
results to parties to this segment of the proceeding within five days 
of the date of the publication of these amended final results, pursuant 
to 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these amended final 
results of the administrative review.
    In accordance with 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem antidumping duty assessment rates based on the 
ratio of the total amount of dumping calculated for the examined sales 
for each importer to the total entered value of the sales for each 
importer. Where an importer-specific antidumping duty assessment rate 
is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), 
Commerce will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the period of review produced by Ratnamani 
for which the reviewed company did not know that the merchandise it 
sold to the 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 weighted-average dumping margin 
determined in these amended final results.
    The amended final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the amended final results of this review and for future deposits of 
estimated duties, where applicable.\9\
---------------------------------------------------------------------------

    \9\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the amended 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 
retroactively for all shipments of subject merchandise that entered, or 
were withdrawn from warehouse, for consumption on or after June 9, 
2023, the date of publication of the Final Results of this 
administrative review, as provided for by section 751(a)(2)(C) of the 
Act: (1) the cash deposit rate for the companies listed above will be 
equal to the weighted-average dumping margin established in these 
amended final results of review; (2) for producers or exporters not 
covered in this review but covered in a 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 
another completed segment of this proceeding, 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) if neither the exporter nor the producer is a firm 
covered in this or any previously completed segment of this proceeding, 
then the cash deposit rate will be the all-others rate of 8.35 percent 
established in the less-than-fair-value investigation.\10\
---------------------------------------------------------------------------

    \10\ See Welded Stainless Pressure Pipe from India: Antidumping 
Duty and Countervailing Duty Orders, 81 FR 81062 (November 17, 
2016).
---------------------------------------------------------------------------

    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during the period of review. 
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 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 reminder to parties subject to 
administrative protective orders (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 terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: July 21, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

 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. 2023-15950 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P