[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55552-55554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14764]


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

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; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on certain cold-
drawn mechanical tubing of carbon and alloy steel (cold-drawn 
mechanical tubing) from India for the period of review (POR) June 1, 
2022, through May 31, 2023. Commerce preliminarily finds that Goodluck 
India Limited (Goodluck) and Tube Products of India, Ltd., a unit of 
Tube Investments of India Limited (TII) made sales of subject 
merchandise at prices below normal value (NV) during the POR. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable July 5, 2024.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or 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) 482-4682 or (202) 482-
3004, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 3, 2023, Commerce initiated an administrative review of 
the antidumping duty order on cold-drawn mechanical tubing from 
India,\1\ in accordance with section 751(a) of the Tariff Act of 1930, 
as amended (the Act).\2\ This review covers two producers/exporters of 
subject merchandise, Goodluck and TII. On January 31, 2024, Commerce 
extended the deadline for these preliminary results until June 28, 
2024.\3\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------

    \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); and 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, 88 FR 51271 (August 3, 2023), as corrected 
by Initiation of Antidumping and Countervailing Duty Administrative 
Review, 88 FR 71829 (October 18, 2023) (Initiation Notice). In the 
August 3, 2023, notice (88 FR 51271), Commerce inadvertently listed 
Tube Product of India, Ltd., a unit of Tube Investments of India 
Limited. The correct spelling for this company is Tube Products of 
India, Ltd., a unit of Tube Investments of India Limited.
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated January 
31, 2024.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
from India; 2022-2023,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is certain cold-drawn 
mechanical tubing of carbon and alloy steel from India. For a full 
description of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export price in accordance with 
section 772(a) of the Act. We calculated NV in accordance with section 
773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the topics discussed in the Preliminary Decision Memorandum is included 
as an 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.

Preliminary Results of the Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period June 1, 2022, through May 
31, 2023:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Goodluck India Limited..................................            2.64
Tube Products of India, Ltd., a unit of Tube Investments            2.44
 of India Limited.......................................
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results or, if 
there is no public announcement, within five days of the date of 
publication of this notice.\5\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Verification

    As provided in section 782(i)(3)(B) of the Act and 19 CFR 
351.307(b)(1)(iv), Commerce intends to verify the information provided 
by Goodluck prior to the final results of this administrative review.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this

[[Page 55553]]

review.\6\ 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.\7\ Interested parties who submit case or rebuttal briefs 
in this proceeding must submit: (1) a table of contents listing each 
issue; and (2) a table of authorities.\8\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \7\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023).
    \8\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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 briefs 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.\9\ Further, we 
request that interested parties limit their public executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the public 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 public 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).\10\
---------------------------------------------------------------------------

    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------

    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,\11\ within 30 days after 
the date of publication of this notice in the Federal Register. 
Requests should contain: (1) the party's name, address, and telephone 
number; (2) the number of participants and whether any participant is a 
foreign national; and (3) a list of issues to be discussed. Issues 
raised in the hearing will be limited to those raised in case and 
rebuttal briefs.\12\ If a request for a hearing is made, Commerce 
intends to hold the hearing at a time and date to be determined. 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\13\ Pursuant to 19 CFR 351.212(b)(1), if the weighted-
average dumping margin for Goodluck or TII is not zero or de minimis 
(i.e., less than 0.50 percent) in the final results of this review, we 
will calculate importer-specific 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. If either 
respondent's weighted-average dumping margin is zero or de minimis in 
the final results of review, or if an importer-specific assessment rate 
is zero or de minimis, Commerce will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review, 
and for future deposits of estimated duties, where applicable.\14\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b).
    \14\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Goodluck 
or TII for which the company 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., 5.87 percent) \15\ if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\16\
---------------------------------------------------------------------------

    \15\ See Order, 83 FR at 26965.
    \16\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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 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 the companies 
listed above will be equal to the weighted-average dumping margins 
established in the final results of this 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 merchandise exported by a company not covered in this review, 
but covered in a prior segment of the proceeding, the cash deposit rate 
will 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 in 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 5.87 percent, the 
all-others rate established in the LTFV investigation as adjusted for 
the export-subsidy rate in the companion countervailing duty 
investigation.\17\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \17\ See Order, 83 FR at 26965.
---------------------------------------------------------------------------

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, no later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

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

[[Page 55554]]

assessment of double antidumping duties, and/or an increase in the 
amount of antidumping duties by the amount of the countervailing 
duties.

Notification to Interested Parties

    Commerce is issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h)(2) and 19 CFR 351.221(b)(4).

    Dated: June 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. 2024-14764 Filed 7-3-24; 8:45 am]
BILLING CODE 3510-DS-P