[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1523-1524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00305]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-838]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From Italy: Final 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) determines that 
certain cold-drawn mechanical tubing of carbon and alloy steel (cold-
drawn mechanical tubing) from Italy was sold in the United States at 
less than normal value during the period of review (POR), June 1, 2021, 
through May 31, 2022.

DATES: Applicable January 10, 2024.

FOR FURTHER INFORMATION CONTACT: Colin Thrasher, 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) 482-3004.

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2023, Commerce published the Preliminary Results 
covering one producer/exporter, Dalmine S.p.A. (Dalmine) and invited 
interested parties to comment.\1\ On September 28, 2023, Commerce 
extended the time period for issuing the final results of this review 
until January 3, 2024.\2\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\3\
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    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from Italy: Preliminary Results of Antidumping Duty 
Administrative Review; 2021-2022, 88 FR 43281 (July 7, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2021-2022,'' dated September 
28, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from Italy; 2021-2022,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 4
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    \4\ 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 products covered by this Order are cold-drawn mechanical tubing 
from Italy. For a full description of the scope, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in their case and rebuttal 
briefs are addressed in the Issues and Decision Memorandum. A list of 
the issues that parties raised, and to which we responded in the Issues 
and Decision Memorandum, is attached to this notice as an appendix. 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 a review of the record and comments received from 
interested parties, we have revised a revenue-related offset associated 
with U.S. movement charges. For a more detailed discussion of this 
change, see the Issues and Decision Memorandum.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for the POR June 1, 2021, through May 31, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Dalmine S.p.A..............................................        2.00
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Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with these final results within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of the notice of final results in 
the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rate

    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 covered by this review.
    Because Dalmine's weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent), Commerce has calculated 
importer-specific antidumping duty assessment rates. We calculated 
importer-specific ad valorem assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales. Where an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Dalmine 
for which it 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 (LTFV) 
investigation (i.e., 47.87 percent) \5\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\6\
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    \5\ See Order, 83 FR at 26966.
    \6\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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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 this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the

[[Page 1524]]

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 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 Dalmine will be 
equal to the weighted-average dumping margin established in the final 
results of this administrative review; (2) for merchandise exported by 
a company 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 in 
which it was reviewed; (3) if the exporter is not a firm covered in 
this review or the original LTFV 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 47.87 percent,\7\ the all-others rate 
established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \7\ See Order, 83 FR at 26966.
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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 this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (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/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(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(2).

    Dated: January 3, 2024.
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 to Treat Dalmine and its Romanian Affiliate 
As a Single Entity
    Comment 2: Whether to Revise the Offset for Movement-Related 
Revenue
VI. Recommendation

[FR Doc. 2024-00305 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P