[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85211-85214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26878]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867]
Welded Stainless Pressure Pipe From India: Preliminary Results
and Partial Rescission 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 finds
that certain producers and/or
[[Page 85212]]
exporters subject to this administrative review sold welded stainless
pressure pipe (WSPP) from India at less than normal value during the
period of review (POR), November 1, 2021, through October 31, 2022. We
invite interested parties to comment on these preliminary results.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Charles Doss or 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) 482-4474 and (202) 482-1009,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 17, 2016, Commerce published in the Federal Register
the antidumping order on WSPP from India.\1\ On November 1, 2022,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On January 3, 2023,
based on timely requests for review, in accordance with section
751(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order covering 23 companies.\3\ On January 25, 2023, we selected Jindal
Saw Limited (JSL) and Ratnamani Metals & Tubes Ltd. (Ratnamani) as the
mandatory respondents in this administrative review.\4\ Subsequently,
on March 23, 2023, JSL timely withdrew its request for review and,
consequently, on April 4, 2023, Prakash Steelage Limited (PSL) was
selected as a mandatory respondent.\5\ Pursuant to section 751(a)(3)(A)
of the Act, Commerce extended the deadline for the preliminary results
until November 30, 2023.\6\
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\1\ See Welded Stainless Pressure Pipe from India: Antidumping
and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 65750 (November
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023).
\4\ See Memorandum, ``Respondent Selection,'' dated January 25,
2023, at 1.
\5\ See JSL's Letter, ``Withdrawal of Request for Antidumping
Duty Administrative Review for the Period of November 01, 2021, to
October 31, 2022,'' dated March 23, 2023; see also Memorandum,
``Selection of Additional Respondent for Individual Examination,''
dated April 4, 2023, at 1. Additionally, Commerce has preliminarily
determined that PSL and Seth Steelage Private Limited (SSPL) should
be collapsed and treated as a single entity, collectively PSL/SSPL.
See Memorandum, ``Decision Memorandum for the Preliminary Results of
the Administrative Review of the Antidumping Duty Order on Welded
Stainless Pressure Pipe from India; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum), at the section titled, ``Affiliation and Collapsing.''
\6\ See Memoranda, ``Extension of Deadline for the Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 12,
2023; and ``Second Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated October 25, 2023.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum. A
list of topics included in the Preliminary Decision Memorandum is
included in the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order is welded stainless pressure
pipe from India. For a complete description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Export price is calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Both SSPL and JSL timely
withdrew the only requests for review for each company. With respect to
SSPL, because we later selected PSL as a mandatory respondent and we
have preliminarily determined that SSPL is part of a single entity with
PSL, SSPL continues to be subject to the instant review. In accordance
with 19 CFR 351.213(d)(1), Commerce is rescinding this administrative
review with respect to JSL.
Rate for Non-Examined Companies
For the rate for companies not selected for individual examination
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 less-than-fair-value 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
review, we have preliminarily calculated weighted-average dumping
margins of 1.71 percent for Ratnamani and zero percent for PSL/SSPL.
Therefore, in accordance with section 735(c)(5)(A) of the Act, we are
preliminarily applying Ratnamani's weighted-average dumping margin of
1.71 percent to the non-examined companies because this is the only
rate that is not zero, de minimis, or based entirely on facts
available.
Preliminary Results of Review
We preliminarily determine the following estimated weighted-average
dumping margins exist for the period November 1, 2021, through October
31, 2022:
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Weighted-average
Exporter/producer dumping margin
(percent)
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Ratnamani Metals & Tubes Ltd........................ 1.71
Prakash Steelage Ltd/Seth Steelage Pvt. Ltd......... 0.00
Apex Tubes Private Ltd.............................. 1.71
Apurvi Industries................................... 1.71
[[Page 85213]]
Arihant Tubes....................................... 1.71
Divine Tubes Pvt. Ltd............................... 1.71
Heavy Metal & Tubes................................. 1.71
Hindustan Inox. Limited............................. 1.71
J.S.S. Steelitalia Ltd.............................. 1.71
Linkwell Seamless Tubes Private Limited............. 1.71
Maxim Tubes Company Pvt. Ltd........................ 1.71
MBM Tubes Pvt. Ltd.................................. 1.71
Mukat Tanks & Vessel Ltd............................ 1.71
Neotiss Ltd......................................... 1.71
Quality Stainless Pvt. Ltd.......................... 1.71
Raajranta Metal Industries Ltd...................... 1.71
Ratnadeep Metal & Tubes Ltd......................... 1.71
Remi Edelstahl Tubulars............................. 1.71
Shubhlaxmi Metals & Tubes Private Limited........... 1.71
SLS Tubes Pvt. Ltd.................................. 1.71
Steamline Industries Ltd............................ 1.71
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after the date of publication of this notice in the Federal
Register.\7\ Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs to Commerce no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\8\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\9\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d).
\9\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Final Results of Review
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case and rebuttal briefs, within 120 days
of publication of these preliminary results in the Federal
Register.\12\
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\12\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise.
For individually examined respondents whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), we will calculate importer-specific ad valorem antidumping
duty assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1). If the
respondent has not reported entered values, we will calculate a per-
unit assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total quantity associated with those sales. To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
Where either a respondent's weighted average dumping margin is zero or
de minimis, or an importer-specific ad valorem assessment rate is zero
or de minimis, we intend to instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\13\
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\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
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by each
individually examined respondent for which the producer did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate (i.e.,
8.35 percent) if there is no rate for the intermediate company(ies)
involved in the transaction.\14\
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\14\ See Order, 81 FR at 81063; see also Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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[[Page 85214]]
For those companies which were not individually examined, we will
instruct CBP to assess antidumping duties at an ad valorem rate equal
to the weighted-average dumping margin determined for the non-examined
companies in the final results of 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
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 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 rate for each specific
company listed above will be equal to the weighted-average dumping
margin 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 rates will be zero; (2) for previously reviewed or investigated
companies not participating in this review, the cash deposit rate will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the producer or
exporter participated; (3) if the exporter is not a firm covered in
this review, a prior review, or the original investigation but the
producer is, the cash deposit rate will be the 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 the all-others rate of 8.35
percent.\15\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See Order, 81 FR at 81063.
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Notification to Importers
This notice also 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 review period.
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 of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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. Partial Rescission of Review
V. Affiliation and Collapsing
VI. Companies Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2023-26878 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P