Welded Carbon Steel Standard Pipes and Tubes From India: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 33916-33918 [2019-15074]
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33916
Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Notices
plastic core) for semi-trailer enclosures
are within the scope of the AD and CVD
orders; January 12, 2018.
DEPARTMENT OF COMMERCE
A–570–891: Hand Trucks and Certain
Parts Thereof From the People’s
Republic of China
[A–533–502]
Requestor: Scotch Corporation.
Scotch’s Corporation’s Bucket Master is
not covered by the scope of the
antidumping duty order on hand trucks
and certain parts thereof from China,
because it lacks a ‘‘frame,’’ as well as a
‘‘projecting edge’’ or ‘‘toe plate,’’ within
the meaning of the scope of the order;
January 18, 2018.
A–570–941 and C–570–942: Kitchen
Appliance Shelving and Racks From the
People’s Republic of China
Requestor: Thermo Fisher Scientific
LLC (Thermo Fisher). Thermo Fisher’s
freezer shelves are not covered by the
scope of the AD and CVD orders on
kitchen appliance shelving and racks
from China because they are made of
only sheet metal, whereas the scope of
the orders requires that the subject
merchandise be made primarily of steel
wire; February 8, 2018.
A–570–922 and C–570–923: Raw
Flexible Magnets From the People’s
Republic of China
Requestor: Magnetic Building
Solutions, LLC. Flooring underlay
imported from China (i.e., raw flexible
magnet sheet) is within the scope of the
AD and CVD orders; March 6, 2018.
Interested parties are invited to
comment on the completeness of this
list of completed scope inquiries. Any
comments should be submitted to the
Deputy Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, 1401 Constitution
Avenue NW, APO/Dockets Unit, Room
18022, Washington, DC 20230.
This notice is published in
accordance with 19 CFR 351.225(o).
Dated: July 9, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–14954 Filed 7–15–19; 8:45 am]
International Trade Administration
Welded Carbon Steel Standard Pipes
and Tubes From India: Preliminary
Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
producers or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR)
May 1, 2017 through April 30, 2018. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable July 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on welded
carbon steel standard pipes and tubes
(pipe and tube) from India. Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018 through the resumption of
operations on January 29, 2019.1
The review covers 27 producers or
exporters of the subject merchandise.
We selected Apl Apollo Tubes Limited
(Apollo) and Garg Tube Export LLP for
individual examination.
Scope of the Order
The merchandise subject to the order
is pipe and tube. The pipe and tube
subject to the order is currently
classifiable under subheadings
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085,
7306.30.5090 of the Harmonized Tariff
Schedule of the United States (HTSUS).
While the HTSUS subheadings are
jspears on DSK30JT082PROD with NOTICES
BILLING CODE 3510–DS–P
1 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
VerDate Sep<11>2014
17:33 Jul 15, 2019
Jkt 247001
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
provided for convenience and customs
purposes, the written description is
dispositive. A full description of the
scope of the order is contained in the
Preliminary Decision Memorandum.2
Use of Facts Otherwise Available
We determine that the use of facts
otherwise available with an adverse
inference is appropriate for these
preliminary results with respect to
Apollo.3
Treatment of Affiliated Parties as a
Single Entity
We preliminarily determine that Garg
Tube Export LLP and Garg Tube
Limited, are affiliated as defined by
section 771(33) of the Tariff Act of 1930,
as amended (the Act), and should be
treated as a single entity (herein after
referred to as Garg Tube) for the
purposes of Commerce’s analysis in this
administrative review.4
Methodology
Commerce conducted 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 Preliminary Decision
Memorandum. The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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 and it is
available to all parties in Commerce’s
Central Records Unit, located at Room
B8024 of the main Commerce building.
In addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
2 See Memorandum, ‘‘Welded Carbon Steel
Standard Pipes and Tubes from India: Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review; 2017–
2018,’’ dated concurrently with, and hereby
adopted by this notice (Preliminary Decision
Memorandum).
3 For further discussion, see Preliminary Decision
Memorandum, section titled ‘‘Application of Facts
Available with an Adverse Inference.’’
4 For further discussion, see Preliminary Decision
Memorandum, section titled ‘‘Affiliation and
Collapsing.’’
E:\FR\FM\16JYN1.SGM
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Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Notices
margins exist for the period May 1, 2017
through April 30, 2018.
Weightedaverage
dumping
margin
(percent)
Producer or exporter
jspears on DSK30JT082PROD with NOTICES
Apl Apollo Tubes Limited ......................
Garg Tube Export LLP and Garg Tube
Limited (collectively Garg Tube) ........
Asian Contec Ltd ...................................
Bhandari Foils & Tubes Ltd ..................
Bhushan Steel Ltd .................................
Blue Moon Logistics Pvt. Ltd ................
CH Robinson Worldwide .......................
Ess-Kay Engineers ................................
Manushi Enterprise ...............................
Nishi Boring Corporation .......................
Fiber Tech Composite Pvt. Ltd .............
GCL Private Limited ..............................
Goodluck India Ltd ................................
GVN Fuels Ltd ......................................
Hydromatik ............................................
Jindal Quality Tubular Ltd .....................
KLT Automatic & Tubular Products Ltd
Lloyds Line Pipes Ltd ............................
MARINEtrans India Private Ltd .............
Patton International Ltd .........................
SAR Transport Systems Pvt. Ltd ..........
Surya Global Steel Tubes Ltd ...............
Surya Roshni Ltd ..................................
Welspun India Ltd .................................
Zenith Birla (India) Ltd ...........................
Zenith Birla Steels Private Ltd ..............
Zenith Dyeintermediates Ltd .................
87.39
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
18.55
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the preliminary
results in accordance with 19 CFR
351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
not 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.5 Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.6
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Acting 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.
Commerce intends to issue the final
results of this administrative review,
5 See
19 CFR 351.309(d).
19 CFR 351.303 (for general filing
requirements).
6 See
VerDate Sep<11>2014
17:33 Jul 15, 2019
Jkt 247001
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
An electronically filed document
must be received successfully in its
entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.7
Upon completion of the final results,
Commerce shall determine and U.S.
Customs and Border Protection (CBP)
shall assess antidumping duties on all
appropriate entries. If Garg Tube’s
weighted-average dumping margin is
not zero or de minimis in the final
results of this review, we will calculate
an importer-specific assessment rate on
the basis of the ratio of the total amount
of dumping calculated for each
importer’s examined sales and the total
entered value of such sales in
accordance with 19 CFR 351.212(b)(1).
If Garg Tube’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 regards to antidumping duties.
For entries of subject merchandise
during the POR produced by Garg Tube
for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries in
accordance with the Final Modification
for Reviews.8
For Apollo and the 25 companies
which were not selected for individual
examination,9 we will instruct CBP to
assess antidumping duties at a rate
equal to each company’s weighted7 See
19 CFR 351.310(c).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
9 These companies are Asian Contec Ltd.,
Bhandari Foils & Tubes Ltd., Bhushan Steel Ltd.,
Blue Moon Logistics Pvt. Ltd., CH Robinson
Worldwide, Ess-Kay Engineers, Manushi Enterprise,
Nishi Boring Corporation, Fiber Tech Composite
Pvt. Ltd., GCL Private Limited, Goodluck India Ltd.,
GVN Fuels Ltd., Hydromatik, Jindal Quality
Tubular Ltd., KLT Automatic & Tubular Products
Ltd., Lloyds Line Pipes Ltd., MARINEtrans India
Private Ltd., Patton International Ltd., SAR
Transport Systems Pvt. Ltd., Surya Global Steel
Tubes Ltd., Surya Roshni Ltd., Welspun India Ltd.,
Zenith Birla (India) Ltd., Zenith Birla Steels Private
Ltd., and Zenith Dyeintermediates Ltd.
8 See
Frm 00014
Fmt 4703
average dumping margin in the final
results of this review.10
We intend to issue liquidation
instructions to CBP fifteen days after
publication of the final results of this
review. The final results of this
administrative review shall be the basis
for the assessment of antidumping
duties on entries of merchandise under
review and for future cash deposits of
estimated antidumping duties, where
applicable.
Cash Deposit Requirements
Assessment Rates
PO 00000
33917
Sfmt 4703
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of pipe and tube from India entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for companies subject to this review
will be equal to the company-specific
weighted-average dumping margin
established in the final results of the
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 in the completed segment for
the most recent period; (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 in the completed segment
for the most recent period for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will be the all-others rate
established in the less-than-fair-value
investigation for this proceeding, 7.08
percent.11 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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 duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
10 See Preliminary Decision Memorandum,
section titled ‘‘Rates for Respondents Not Selected
for Individual Examination.’’
11 See Antidumping Duty Order; Certain Welded
Carbon Steel Standard Pipes and Tubes from India,
51 FR 17384 (May 12, 1986).
E:\FR\FM\16JYN1.SGM
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Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Notices
occurred and the subsequent assessment
of double antidumping duties.
DC 20230; telephone: (202) 482–0162 or
(202) 482–0408, respectively.
Notification to Interested Parties
SUPPLEMENTARY INFORMATION:
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221.
Background
Dated: July 10, 2019.
Jeffrey I. Kessler,
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. Application of Facts Available with an
Adverse Inference
V. Affiliation and Collapsing
VI. Rates for Respondents Not Selected for
Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019–15074 Filed 7–15–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–815]
Termination of the Suspension
Agreement on Certain Oil Country
Tubular Goods From Ukraine,
Rescission of Administrative Review,
and Issuance of Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 10, 2019, the
Agreement Suspending the
Antidumping Duty Investigation on
Certain Oil Country Tubular Goods from
Ukraine (the Agreement) terminates.
Accordingly, the Department of
Commerce (Commerce) is issuing an
antidumping duty (AD) order on certain
oil country tubular goods (OCTG) from
Ukraine. Commerce is directing the
suspension of liquidation and collection
of cash deposits to begin on July 10,
2019. Additionally, Commerce is
rescinding the administrative review of
the Agreement.
DATES: Applicable July 10, 2019.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
jspears on DSK30JT082PROD with NOTICES
AGENCY:
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17:33 Jul 15, 2019
Jkt 247001
On July 22, 2013, Commerce initiated
an antidumping duty investigation
under section 732 of the Tariff Act of
1930, as amended (the Act) to determine
whether imports of OCTG from Ukraine
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV).1 On August 16, 2013, the U.S.
International Trade Commission (ITC)
notified Commerce of its affirmative
preliminary injury determination in this
case.2 On February 14, 2014, Commerce
preliminarily determined that OCTG is
being, or is likely to be, sold in the
United States at LTFV, as provided in
section 733 of the Act. On this same
date, Commerce also preliminarily
determined that there is not a
reasonable basis to believe or suspect
that critical circumstances exist with
respect to OCTG from Ukraine and
postponed the final determination in
this investigation until no later than July
10, 2014.3
Commerce and Interpipe and North
American Interpipe (collectively,
Interpipe) signed the Agreement on July
10, 2014, and the Agreement was
published on July 18, 2014.4 The terms
of the Agreement stipulated that the
Agreement would terminate on July 10,
2017.
Pursuant to section 734(g) of the Act,
the investigation was continued based
upon requests by Interpipe and
Maverick Tube Corporation; United
States Steel Corporation; Boomerang
Tube LLC; EnergeX, division of JMC
Steel Group; Northwest Pipe Company;
Tejas Tubular Products, Inc.; TMK
IPSCO; Welded Tube USA, Inc.;
Wheatland Tube Company; and
Vallourec Star L.P. (collectively,
petitioners). Both Commerce’s final
1 See Certain Oil Country Tubular Goods from
India, the Republic of Korea, the Republic of the
Philippines, Saudi Arabia, Taiwan, Thailand, the
Republic of Turkey, Ukraine, and the Socialist
Republic of Vietnam: Initiation of Antidumping
Duty Investigations, 78 FR 45505 (July 29, 2013).
2 See Certain Oil Country Tubular Goods from
India, Korea, The Philippines, Saudi Arabia,
Taiwan, Thailand, Turkey, Ukraine, and Vietnam:
Determinations, Inv. Nos. 701–TA–499–500 and
731–TA–1215–1223 (Preliminary) USITC Pub. No.
4422, 78 FR 52213 (August 22, 2013).
3 See Certain Oil Country Tubular Goods from
Ukraine: Preliminary Determination of Sales at Less
Than Fair Value, Negative Preliminary
Determination of Critical Circumstances, and
Postponement of Final Determination, 79 FR 10482
(February 25, 2014).
4 See Suspension of Antidumping Duty
Investigation: Certain Oil Country Tubular Goods
from Ukraine, 79 FR 41959 (July 18, 2014).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
determination and the ITC’s final injury
determination were affirmative.5
Following requests by Interpipe, on
July 17, 2017, Commerce and Interpipe
amended the Agreement to extend its
term for one additional year, until July
10, 2018.6 On July 5, 2018, at the request
of Interpipe, Commerce and Interpipe
amended the Agreement to extend the
Agreement for one additional year, until
July 10, 2019.7
On December 7, 2018, Interpipe
requested an extension of the
Agreement for an additional five years,
until July 10, 2024.8 On December 18,
2018, Commerce invited interested
parties to comment on Interpipe’s
request.9 On February 19, 2019, U.S.
petitioning companies Maverick Tube
Corporation, United States Steel
Corporation, Vallourec Star, L.P., TMK
IPSCO, and Welded Tube USA Inc.,
submitted comments opposing
Interpipe’s request and asking
Commerce to allow the Agreement to
terminate as scheduled, and proceed to
issue an AD order on July 10, 2019.10
Interpipe submitted additional
comments in support of its request on
the same day.11
5 See Certain Oil Country Tubular Goods from
Ukraine: Final Determination of Sales at Less Than
Fair Value and Final Negative Determination of
Critical Circumstances, 79 FR 41969 (July 18, 2014)
(Final Determination) and Certain Oil Country
Tubular Goods from Ukraine: Amended Final
Determination of Sales at Less Than Fair Value, 79
FR 52303 (September 3, 2014) (Amended Final
Determination). See also Certain Oil Country
Tubular Goods from India, Korea, The Philippines,
Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine,
and Vietnam, Inv. Nos. 701–TA–499–500 and 731–
TA–1215–1223 (Final) USITC Pub. No. 4489, 79 FR
53080 (September 5, 2014) (ITC Final
Determination).
6 See Amendment to the Agreement Suspending
the Antidumping Duty Investigation on Certain Oil
Country Tubular Goods from Ukraine, 82 FR 32681
(July 17, 2017).
7 See Amendment to the Agreement Suspending
the Antidumping Duty Investigation on Certain Oil
Country Tubular Goods from Ukraine, 83 FR 31369
(July 5, 2018).
8 See Letter to Wilbur Ross, Secretary of
Commerce, from Interpipe, ‘‘Antidumping Duty
Suspension Agreement on Certain Oil Country
Tubular Goods from Ukraine: Request to Extend the
Suspension Agreement’’ (December 7, 2018)
(Extension Request).
9 See Memorandum to the File, ‘‘Agreement
Suspending the Antidumping Duty Investigation on
Oil Country Tubular Goods from Ukraine: Request
for Comment’’ (December 18, 2018).
10 See Letter to Wilbur Ross, Secretary of
Commerce, from Maverick Tube Corporation, et al.,
‘‘Comments in Opposition to Interpipe’s Request to
Further Extend for an Additional 5 Years the
Agreement Suspending the Antidumping
Investigation of Certain Oil Country Tubular Goods
from Ukraine’’ (February 19, 2019).
11 See Letter to Wilbur Ross, Secretary of
Commerce, from Interpipe, ‘‘Antidumping Duty
Suspension Agreement on Certain Oil Country
Tubular Goods from Ukraine: Additional Letter in
Support of Request to Extend Suspension
Agreement’’ (February 19, 2019).
E:\FR\FM\16JYN1.SGM
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Agencies
[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Notices]
[Pages 33916-33918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15074]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-502]
Welded Carbon Steel Standard Pipes and Tubes From India:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
producers or exporters subject to this administrative review made sales
of subject merchandise at less than normal value during the period of
review (POR) May 1, 2017 through April 30, 2018. We invite interested
parties to comment on these preliminary results.
DATES: Applicable July 16, 2019.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, Office I,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on welded carbon steel standard pipes and tubes (pipe and
tube) from India. Commerce exercised its discretion to toll all
deadlines affected by the partial federal government closure from
December 22, 2018 through the resumption of operations on January 29,
2019.\1\
---------------------------------------------------------------------------
\1\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
The review covers 27 producers or exporters of the subject
merchandise. We selected Apl Apollo Tubes Limited (Apollo) and Garg
Tube Export LLP for individual examination.
Scope of the Order
The merchandise subject to the order is pipe and tube. The pipe and
tube subject to the order is currently classifiable under subheadings
7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055,
7306.30.5085, 7306.30.5090 of the Harmonized Tariff Schedule of the
United States (HTSUS). While the HTSUS subheadings are provided for
convenience and customs purposes, the written description is
dispositive. A full description of the scope of the order is contained
in the Preliminary Decision Memorandum.\2\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Welded Carbon Steel Standard Pipes and
Tubes from India: Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018,'' dated
concurrently with, and hereby adopted by this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Use of Facts Otherwise Available
We determine that the use of facts otherwise available with an
adverse inference is appropriate for these preliminary results with
respect to Apollo.\3\
---------------------------------------------------------------------------
\3\ For further discussion, see Preliminary Decision Memorandum,
section titled ``Application of Facts Available with an Adverse
Inference.''
---------------------------------------------------------------------------
Treatment of Affiliated Parties as a Single Entity
We preliminarily determine that Garg Tube Export LLP and Garg Tube
Limited, are affiliated as defined by section 771(33) of the Tariff Act
of 1930, as amended (the Act), and should be treated as a single entity
(herein after referred to as Garg Tube) for the purposes of Commerce's
analysis in this administrative review.\4\
---------------------------------------------------------------------------
\4\ For further discussion, see Preliminary Decision Memorandum,
section titled ``Affiliation and Collapsing.''
---------------------------------------------------------------------------
Methodology
Commerce conducted 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 Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is made available to the
public 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 and it is
available to all parties in Commerce's Central Records Unit, located at
Room B8024 of the main Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an Appendix to this
notice.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping
[[Page 33917]]
margins exist for the period May 1, 2017 through April 30, 2018.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Apl Apollo Tubes Limited.................................... 87.39
Garg Tube Export LLP and Garg Tube Limited (collectively 18.55
Garg Tube).................................................
Asian Contec Ltd............................................ 18.55
Bhandari Foils & Tubes Ltd.................................. 18.55
Bhushan Steel Ltd........................................... 18.55
Blue Moon Logistics Pvt. Ltd................................ 18.55
CH Robinson Worldwide....................................... 18.55
Ess-Kay Engineers........................................... 18.55
Manushi Enterprise.......................................... 18.55
Nishi Boring Corporation.................................... 18.55
Fiber Tech Composite Pvt. Ltd............................... 18.55
GCL Private Limited......................................... 18.55
Goodluck India Ltd.......................................... 18.55
GVN Fuels Ltd............................................... 18.55
Hydromatik.................................................. 18.55
Jindal Quality Tubular Ltd.................................. 18.55
KLT Automatic & Tubular Products Ltd........................ 18.55
Lloyds Line Pipes Ltd....................................... 18.55
MARINEtrans India Private Ltd............................... 18.55
Patton International Ltd.................................... 18.55
SAR Transport Systems Pvt. Ltd.............................. 18.55
Surya Global Steel Tubes Ltd................................ 18.55
Surya Roshni Ltd............................................ 18.55
Welspun India Ltd........................................... 18.55
Zenith Birla (India) Ltd.................................... 18.55
Zenith Birla Steels Private Ltd............................. 18.55
Zenith Dyeintermediates Ltd................................. 18.55
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary results in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not 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.\5\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\6\
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\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.303 (for general filing requirements).
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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 Acting
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. 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, not later than 120 days after the date of publication
of this notice, unless extended, pursuant to section 751(a)(3)(A) of
the Act.
An electronically filed document must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\7\
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\7\ See 19 CFR 351.310(c).
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Assessment Rates
Upon completion of the final results, Commerce shall determine and
U.S. Customs and Border Protection (CBP) shall assess antidumping
duties on all appropriate entries. If Garg Tube's weighted-average
dumping margin is not zero or de minimis in the final results of this
review, we will calculate an importer-specific assessment rate on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales and the total entered value of such sales in
accordance with 19 CFR 351.212(b)(1). If Garg Tube'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 regards to
antidumping duties.
For entries of subject merchandise during the POR produced by Garg
Tube for which it did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries in
accordance with the Final Modification for Reviews.\8\
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\8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For Apollo and the 25 companies which were not selected for
individual examination,\9\ we will instruct CBP to assess antidumping
duties at a rate equal to each company's weighted-average dumping
margin in the final results of this review.\10\
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\9\ These companies are Asian Contec Ltd., Bhandari Foils &
Tubes Ltd., Bhushan Steel Ltd., Blue Moon Logistics Pvt. Ltd., CH
Robinson Worldwide, Ess-Kay Engineers, Manushi Enterprise, Nishi
Boring Corporation, Fiber Tech Composite Pvt. Ltd., GCL Private
Limited, Goodluck India Ltd., GVN Fuels Ltd., Hydromatik, Jindal
Quality Tubular Ltd., KLT Automatic & Tubular Products Ltd., Lloyds
Line Pipes Ltd., MARINEtrans India Private Ltd., Patton
International Ltd., SAR Transport Systems Pvt. Ltd., Surya Global
Steel Tubes Ltd., Surya Roshni Ltd., Welspun India Ltd., Zenith
Birla (India) Ltd., Zenith Birla Steels Private Ltd., and Zenith
Dyeintermediates Ltd.
\10\ See Preliminary Decision Memorandum, section titled ``Rates
for Respondents Not Selected for Individual Examination.''
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We intend to issue liquidation instructions to CBP fifteen days
after publication of the final results of this review. The final
results of this administrative review shall be the basis for the
assessment of antidumping duties on entries of merchandise under review
and for future cash deposits of estimated antidumping duties, where
applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of pipe and tube from India
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section 751(a)(2) of the Act: (1)
The cash deposit rate for companies subject to this review will be
equal to the company-specific weighted-average dumping margin
established in the final results of the 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 in the completed segment for the
most recent period; (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 in the completed
segment for the most recent period for the producer of the merchandise;
(4) the cash deposit rate for all other producers or exporters will be
the all-others rate established in the less-than-fair-value
investigation for this proceeding, 7.08 percent.\11\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\11\ See Antidumping Duty Order; Certain Welded Carbon Steel
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986).
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Notification to Importers
This notice 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 duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties
[[Page 33918]]
occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.
Dated: July 10, 2019.
Jeffrey I. Kessler,
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. Application of Facts Available with an Adverse Inference
V. Affiliation and Collapsing
VI. Rates for Respondents Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019-15074 Filed 7-15-19; 8:45 am]
BILLING CODE 3510-DS-P