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]
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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.
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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
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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).
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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.
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16:40 Aug 22, 2019
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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.
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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
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]]>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]
-----------------------------------------------------------------------
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
