[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:

------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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