Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Partial Rescission of the Countervailing Duty Administrative Review; 2017-2018, 44280-44281 [2019-18191]

Download as PDF 44280 Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Notices 351.216(d), we are initiating a CCR to determine whether TAK is the successor-in-interest to TCK for purposes of the AD Order. In addition, Commerce’s regulations at 19 CFR 351.221(c)(3)(ii) permit it to initiate a CCR and issue the preliminary results of that CCR simultaneously if it concludes that expedited action is warranted. We have on the record the information necessary to make a preliminary finding and therefore we find that expedited action is warranted.9 Consequently, we are combining the initiation of the CCR described above and our preliminary results in accordance with 19 CFR 351.221(c)(3)(ii). Preliminary Results jbell on DSK3GLQ082PROD with NOTICES In determining whether one company is the successor to another for AD purposes, Commerce examines a number of factors including, but not limited to, changes in: (1) Management, (2) production facilities, (3) suppliers, and (4) customer base.10 While no one, or several, of these factors will necessarily provide a dispositive indication of succession, Commerce will generally consider one company to be the successor to another company if its resulting operations are essentially the same as those of its predecessor.11 Thus, if the evidence demonstrates that, with respect to the production and sale of the subject merchandise, the company, in its current form, operates as essentially the same business entity as the prior company, Commerce will assign the new company the cash deposit rate of its predecessor.12 TAK provided evidence 13 that: (1) TCK merged into TAK in April 2019; (2) all of TCK’s assets and liabilities were transferred to TAK, and TCK ceased to exist; and (3) there were no significant changes to management,14 production 9 See, e.g., Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 70 FR 50299, 50300 (August 26, 2005), unchanged in Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 70 FR 59721 (October 13, 2005). 10 See Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Multilayered Wood Flooring from the People’s Republic of China, 79 FR 48117, 48118 (August 15, 2014), unchanged in Multilayered Wood Flooring from the People’s Republic of China: Final Results of Changed Circumstances Review, 79 FR 58740 (September 30, 2014). 11 Id. 12 Id.; see also Fresh and Chilled Atlantic Salmon from Norway: Final Results of Changed Circumstances Antidumping Administrative Review, 64 FR 9979, 9980 (March 1, 1999). 13 See CCR Request. 14 Id. VerDate Sep<11>2014 16:40 Aug 22, 2019 Jkt 247001 facilities,15 suppliers, or customer base.16 Based on the foregoing, which is explained in greater detail in the Preliminary Decision Memorandum, we preliminarily determine that TAK is the successor-in-interest to TCK for purposes of the AD Order. Should our final results of review remain the same as these preliminary results of review, effective the date of publication of the final results of review, we will instruct U.S. Customs and Border Protection to apply TCK’s exclusion from the AD Order to TAK. Public Comment Interested parties may submit case briefs not later than 14 days after the date of publication of this notice.17 Rebuttal briefs, which must be limited to issues raised in case briefs, may be filed not later than seven days after the due date for case briefs.18 Parties who submit case briefs or rebuttal briefs in this CCR are requested to submit with each argument: (1) A statement of the issues; and (2) a brief summary of the arguments with electronic versions included. Any interested party may request a hearing within 14 days of publication of this notice.19 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230 in a room to be determined.20 All submissions, with limited exceptions, must be filed electronically using ACCESS.21 An electronically filed document must be received successfully in its entirety by 5 p.m. Eastern Time (ET) on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/ 15 See id. at 8 and Exhibit 9. id. at 8–9 and Exhibits 9 and 11. 17 Commerce is exercising its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for the filing of case briefs. 18 Commerce is exercising its discretion under 19 CFR 351.309(d)(1) to alter the time limit for the filing of rebuttal briefs. 19 Commerce is exercising its discretion under 19 CFR 351.310(c) to alter the time limit for requesting a hearing. 20 See 19 CFR 351.310(d). 21 ACCESS is available to registered users at https://access.trade.gov and available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. 16 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date.22 Consistent with 19 CFR 351.216(e), we intend to issue the final results of this CCR no later than 270 days after the date on which this review was initiated or within 45 days if all parties agree to the outcome of the review. Notification to Interested Parties We are issuing and publishing this initiation and preliminary results notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216 and 351.221(c)(3). Dated: August 18, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–18148 Filed 8–22–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–874] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Partial Rescission of the Countervailing Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review in part, of the countervailing duty (CVD) order on certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India covering the September 25, 2017, through December 31, 2018 period of review (POR). DATES: Applicable August 23, 2019. FOR FURTHER INFORMATION CONTACT: Hannah Falvey, 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) 482–4889. AGENCY: Background On February 8, 2019, Commerce published a notice of opportunity to request an administrative review of the CVD order on cold-drawn mechanical tubing from India covering the September 25, 2017, through December 22 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). E:\FR\FM\23AUN1.SGM 23AUN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Notices 31, 2018 POR.1 On February 28, 2019, Commerce received a timely request from ArcelorMittal Tubular Products LLC and Webco Industries, Inc. (collectively, the petitioners) to conduct a CVD administrative review of 13 companies.2 On February 28, 2019, Commerce received timely requests from Goodluck India Limited (Goodluck) and Tube Investments of India Ltd. (TII) to conduct an administrative review of the CVD order on cold-drawn mechanical tubing from India.3 Based upon these requests, on May 2, 2019, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), Commerce published a notice of initiation of an administrative review covering the POR, with respect to the 14 companies for which a review was requested.4 On June 18, 2019, we selected Goodluck and TII as mandatory respondents in this administrative review.5 The deadline for a party to withdraw a request for review was July 31, 2019.6 Innoventive Industries; ISMT Limited; Jindal (India) Ltd.; Jindal Saw Ltd.; Pennar Industries, Inc.; Sandvik Asia Pvt., Ltd.; Tata Steel BSL Limited; and Tube Products of India.7 No other parties requested a review of these companies. Withdrawal of Review Requests On June 27, 2019, the petitioners timely withdrew their request for an administrative review of 11 companies: Automotive Steel Pipe; Bhushan Steel Ltd.; Hyundai Steel Pipe India Pvt., Ltd.; Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on all appropriate entries. For the companies for which this review is rescinded, countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 2816 (February 8, 2019). 2 See the petitioners’ Letter, ‘‘Cold-Drawn Mechanical Tubing from India—Domestic Industry’s Request for 2017–2018 First Administrative Review,’’ dated February 28, 2019 (Petitioners’ Request for Review). 3 See Goodluck’s Letter, ‘‘Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Request for Countervailing Duty Administrative Review,’’ dated February 28, 2019 (Goodluck’s Request for Review), see also, TII’s Letter, ‘‘Cold-Drawn Mechanical Tubing from India: Request for Administrative Review,’’ dated February 28, 2019 (TII’s Request for Review). 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation Notice). 5 See Memorandum, ‘‘Countervailing Duty Administrative Review of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Respondent Selection,’’ dated June 18, 2019, see also, Initiation Notice (we initiated a review of Good Luck India Limited (based on Goodluck’s request) and Good Luck Industries (based on the petitioner’s request). In the Respondent Selection Memorandum, we noted that we combined the names of companies with minor variations in the spelling. Based on the U.S. Customs and Border Protection data, the largest exporters were TII and ‘‘Good Luck Industries.’’ For respondent selection purposes, we combined Good Luck India Limited and Good Luck Industries together as the same company, and we selected Good Luck India Limited as a mandatory respondent. We further note that these companies have the same address. See Petitioners’ Request for Review; see also Goodluck’s Request for Review. Therefore, we are continuing our review of Good Luck India Limited and Good Luck Industries). 6 See Initiation Notice. VerDate Sep<11>2014 16:40 Aug 22, 2019 Jkt 247001 Rescission in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, ‘‘in whole or in part, if a party that requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.’’ The petitioners timely withdrew their request for review of the 11 companies. Because we received no other requests for review of the 11 companies, we are rescinding the administrative review, in part, with respect to these 11 companies, in accordance with 19 CFR 351.213(d)(1). This administrative review will continue with respect to Goodluck and TII.8 Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of countervailing duties occurred and the subsequent assessment of doubled countervailing duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative 7 See the petitioners’ Letter, ‘‘Cold-Drawn Mechanical Tubing from India—Petitioners’ Partial Withdrawal of Review Request,’’ dated June 27, 2019. 8 As noted supra, our review of Goodluck covers entities Good Luck India Limited and Good Luck Industries. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 44281 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 terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with section 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: August 19, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–18191 Filed 8–22–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–953] Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies have been provided to producers and exporters of narrow woven ribbons with woven selvedge (ribbons) from the People’s Republic of China (China). The period of review (POR) is January 1, 2017 through December 31, 2017. Interested parties are invited to comment on these preliminary results. DATES: Effective August 23, 2019. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Maria Tatarska, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1280 or (202) 482–1562. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published the notice of initiation of this administrative review E:\FR\FM\23AUN1.SGM 23AUN1

Agencies

[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Notices]
[Pages 44280-44281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18191]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-874]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Partial Rescission of the Countervailing Duty 
Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) is rescinding the 
administrative review in part, of the countervailing duty (CVD) order 
on certain cold-drawn mechanical tubing of carbon and alloy steel 
(cold-drawn mechanical tubing) from India covering the September 25, 
2017, through December 31, 2018 period of review (POR).

DATES: Applicable August 23, 2019.

FOR FURTHER INFORMATION CONTACT: Hannah Falvey, 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) 482-4889.

Background

    On February 8, 2019, Commerce published a notice of opportunity to 
request an administrative review of the CVD order on cold-drawn 
mechanical tubing from India covering the September 25, 2017, through 
December

[[Page 44281]]

31, 2018 POR.\1\ On February 28, 2019, Commerce received a timely 
request from ArcelorMittal Tubular Products LLC and Webco Industries, 
Inc. (collectively, the petitioners) to conduct a CVD administrative 
review of 13 companies.\2\ On February 28, 2019, Commerce received 
timely requests from Goodluck India Limited (Goodluck) and Tube 
Investments of India Ltd. (TII) to conduct an administrative review of 
the CVD order on cold-drawn mechanical tubing from India.\3\ Based upon 
these requests, on May 2, 2019, in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act), Commerce published a 
notice of initiation of an administrative review covering the POR, with 
respect to the 14 companies for which a review was requested.\4\ On 
June 18, 2019, we selected Goodluck and TII as mandatory respondents in 
this administrative review.\5\ The deadline for a party to withdraw a 
request for review was July 31, 2019.\6\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 84 FR 2816 (February 8, 2019).
    \2\ See the petitioners' Letter, ``Cold-Drawn Mechanical Tubing 
from India--Domestic Industry's Request for 2017-2018 First 
Administrative Review,'' dated February 28, 2019 (Petitioners' 
Request for Review).
    \3\ See Goodluck's Letter, ``Certain Cold-Drawn Mechanical 
Tubing of Carbon and Alloy Steel from India: Request for 
Countervailing Duty Administrative Review,'' dated February 28, 2019 
(Goodluck's Request for Review), see also, TII's Letter, ``Cold-
Drawn Mechanical Tubing from India: Request for Administrative 
Review,'' dated February 28, 2019 (TII's Request for Review).
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation 
Notice).
    \5\ See Memorandum, ``Countervailing Duty Administrative Review 
of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
from India: Respondent Selection,'' dated June 18, 2019, see also, 
Initiation Notice (we initiated a review of Good Luck India Limited 
(based on Goodluck's request) and Good Luck Industries (based on the 
petitioner's request). In the Respondent Selection Memorandum, we 
noted that we combined the names of companies with minor variations 
in the spelling. Based on the U.S. Customs and Border Protection 
data, the largest exporters were TII and ``Good Luck Industries.'' 
For respondent selection purposes, we combined Good Luck India 
Limited and Good Luck Industries together as the same company, and 
we selected Good Luck India Limited as a mandatory respondent. We 
further note that these companies have the same address. See 
Petitioners' Request for Review; see also Goodluck's Request for 
Review. Therefore, we are continuing our review of Good Luck India 
Limited and Good Luck Industries).
    \6\ See Initiation Notice.
---------------------------------------------------------------------------

Withdrawal of Review Requests

    On June 27, 2019, the petitioners timely withdrew their request for 
an administrative review of 11 companies: Automotive Steel Pipe; 
Bhushan Steel Ltd.; Hyundai Steel Pipe India Pvt., Ltd.; Innoventive 
Industries; ISMT Limited; Jindal (India) Ltd.; Jindal Saw Ltd.; Pennar 
Industries, Inc.; Sandvik Asia Pvt., Ltd.; Tata Steel BSL Limited; and 
Tube Products of India.\7\ No other parties requested a review of these 
companies.
---------------------------------------------------------------------------

    \7\ See the petitioners' Letter, ``Cold-Drawn Mechanical Tubing 
from India--Petitioners' Partial Withdrawal of Review Request,'' 
dated June 27, 2019.
---------------------------------------------------------------------------

Rescission in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, ``in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review.'' The 
petitioners timely withdrew their request for review of the 11 
companies. Because we received no other requests for review of the 11 
companies, we are rescinding the administrative review, in part, with 
respect to these 11 companies, in accordance with 19 CFR 351.213(d)(1). 
This administrative review will continue with respect to Goodluck and 
TII.\8\
---------------------------------------------------------------------------

    \8\ As noted supra, our review of Goodluck covers entities Good 
Luck India Limited and Good Luck Industries.
---------------------------------------------------------------------------

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess countervailing duties on all appropriate entries. For the 
companies for which this review is rescinded, countervailing duties 
shall be assessed at rates equal to the cash deposit of estimated 
countervailing duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
Commerce intends to issue appropriate assessment instructions directly 
to CBP 15 days after publication of this notice.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of countervailing duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the presumption that 
reimbursement of countervailing duties occurred and the subsequent 
assessment of doubled countervailing duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a 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 terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with section 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: August 19, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2019-18191 Filed 8-22-19; 8:45 am]
BILLING CODE 3510-DS-P