Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value; Notice of Amended Final Determination Pursuant to Court Decision; and Notice of Revocation of Antidumping Duty Order, in Part, 31742-31743 [2020-11325]

Download as PDF 31742 Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Notices amended final results of this review and for future deposits of estimated duties, where applicable.9 Commerce’s ‘‘automatic assessment’’ will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know that the merchandise they sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.10 Cash Deposit Requirements The following cash deposit requirements will be effective retroactively for all shipments of subject merchandise that entered, or withdrawn from warehouse, for consumption on or after April 20, 2020, the date of publication of the Final Results of this administrative review, as provided for by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 margin established in these amended final results of review; (2) for producers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review or another completed segment of this proceeding, 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) if neither the exporter nor the producer is a firm covered in this or any previously completed segment of this proceeding, then the cash deposit rate will be the all-others rate of 3.76 percent established in the amended final determination of the less-than-fair-value investigation.11 These cash deposit 9 See section 751(a)(2)(C) of the Act. a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 11 See Light-Walled Rectangular Pipe and Tube from Mexico, the People’s Republic of China, and the Republic of Korea: Antidumping Duty Orders; Light-Walled Rectangular Pipe and Tube from the Republic of Korea: Notice of Amended Final Determination of Sales at Less Than Fair Value, 73 FR 45403 (August 5, 2008). jbell on DSKJLSW7X2PROD with NOTICES 10 For VerDate Sep<11>2014 16:59 May 26, 2020 Jkt 250001 requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition 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 return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties The amended final results and notice are issued and published in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). Dated: May 20, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–11324 Filed 5–26–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–873] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value; Notice of Amended Final Determination Pursuant to Court Decision; and Notice of Revocation of Antidumping Duty Order, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 30, 2020, the United States Court of International Trade (the AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 CIT) sustained the final results of redetermination pertaining to the lessthan-fair-value (LTFV) investigation of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the final determination in the LTFV investigation, and that Commerce is amending the final determination and resulting antidumping duty (AD) order with respect to the dumping margin assigned to Goodluck India Limited (Goodluck). We are also revoking the AD order, in part, with respect to Goodluck. DATES: Applicable May 10, 2020. FOR FURTHER INFORMATION CONTACT: Jerry Huang, 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) 482–4047. SUPPLEMENTARY INFORMATION: Background On April 16, 2018, Commerce published its Final Determination in the LTFV investigation of cold-drawn mechanical tubing from India.1 In the Final Determination, Commerce applied a rate based on adverse facts available to Goodluck after finding that the company failed to accurately report product ‘‘control numbers’’ in its home market sales and cost of production databases.2 Although Goodluck attempted to submit new databases at the start of verification of Goodluck’s questionnaire responses, Commerce declined to accept the revised information, determining that such a revision did not constitute a ‘‘minor correction.’’ 3 On June 11, 2018, Commerce published its AD order on cold-drawn mechanical tubing from India.4 On August 13, 2019, the CIT remanded the Final Determination to Commerce and instructed Commerce to consider the revised databases provided 1 See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Final Affirmative Determination of Sales at Less than Fair Value, 83 FR 16296 (April 16, 2018) (Final Determination) and accompanying Issues and Decision Memorandum (IDM). 2 See IDM at Comments 1 and 2. 3 Id. at Comment 1. 4 See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the People’s Republic of China, the Federal Republic of Germany, India, Italy, the Republic of Korea, and Switzerland: Antidumping Duty Orders; and Amended Final Determinations of Sales at Less Than Fair Value for the People’s Republic of China and Switzerland, 83 FR 26962 (June 11, 2018) (AD Order). E:\FR\FM\27MYN1.SGM 27MYN1 Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Notices by Goodluck.5 On remand, and under respectful protest, Commerce issued its final results of redetermination in accordance with the Court’s order.6 In calculating an AD margin for Goodluck, Commerce relied on the corrections provided by Goodluck. On April 30, 2020, the CIT sustained Commerce’s Final Remand Redetermination.7 Timken Notice In its decision in Timken,8 as clarified by Diamond Sawblades,9 the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s April 30, 2020 judgment sustaining the Final Remand Redetermination constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Determination. This notice is published in fulfillment of the publication requirements of Timken. jbell on DSKJLSW7X2PROD with NOTICES Amended Final Determination Because there is now a final court decision, Commerce is amending its Final Determination with respect to Goodluck.10 Goodluck’s revised dumping margin is as follows: 5 See Goodluck India Limited v. United States, Court No. 18–00162, Slip Op. 19–110 (CIT August 13, 2019) (Remand Order). 6 See Final Results of Redetermination Pursuant to Court Remand, Goodluck India Limited v. United States, Court No. 18–00162, Slip Op. 19–110 (CIT August 13, 2019), dated December 23, 2019 (Final Remand Redetermination). 7 See Goodluck India Limited v. United States, Court No. 18–00162, Slip Op. 20–57 (CIT April 30, 2020). 8 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 9 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 10 For purposes of this notice, the all-others rate for the AD Order will not be amended. Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely under section 776 of the Act. As discussed above, Goodluck’s margin has been changed from a rate determined entirely under section 776 of the Act to zero. Therefore, Tube Products of India, Ltd. a unit of Tube Investments of India Limited (collectively, TPI) remains the only respondent in the underlying investigation for which Commerce calculated a company-specific rate which is not zero, de minimis or based entirely on facts available. As a result, pursuant to section 735(c)(5)(A) of the Act, the weighted-average dumping margin calculated for TPI continues to be the estimated weighted-average dumping margin assigned to all other producers and exporters of the merchandise under consideration. See Final VerDate Sep<11>2014 16:59 May 26, 2020 Jkt 250001 Producer and exporter Weightedaverage dumping margin (percent) Goodluck India Limited ............... 0.00 Partial Exclusion from Antidumping Duty Order Pursuant to section 735(a)(4) of the Act, Commerce ‘‘shall disregard any weighted average dumping margin that is de minimis as defined in section 733(b)(3) of the Act.’’ 11 Furthermore, section 735(c)(2) of the Act states that ‘‘the investigation shall be terminated upon publication of that negative determination’’ and Commerce shall ‘‘terminate the suspension of liquidation’’ and ‘‘release any bond or other security, and refund any cash deposit.’’ 12 As a result of this amended final determination, in which Commerce has calculated an estimated weighted-average dumping margin of 0.00 percent for Goodluck, Commerce is hereby excluding merchandise produced and exported by Goodluck from the AD Order. Accordingly, Commerce will direct U.S. Customs and Border Protection (CBP) to release any bonds or other security and refund cash deposits pertaining to any suspended entries from Goodluck. Pursuant to Timken, the suspension of liquidation must continue during the pendency of the appeals process. Additionally, we will instruct CBP to suspend liquidation of all unliquidated entries from Goodluck at a cash deposit rate of 0.00 percent which are entered, or withdrawn from warehouse, for consumption on or after May 10, 2020, which is ten days after the CIT’s final decision, in accordance with section 516A of the Act.13 In the event the CIT’s ruling is not appealed, or if appealed Determination, 83 FR at 16296–97; AD Order, 83 FR at 26964. 11 Section 733(b)(3) of the Act defines de minimis dumping margin as ‘‘less than 2 percent ad valorem or the equivalent specific rate for the subject merchandise.’’ 12 See sections 735(c)(2)(A) and (B) of the Act. 13 See, e.g., Drill Pipe from the People’s Republic of China: Notice of Court Decision Not in Harmony with International Trade Commission’s Injury Determination, Revocation of Antidumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of Countervailing Duty Administrative Review, 79 FR 78037, 78038 (December 29, 2014); High Pressure Steel Cylinders From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation, Notice of Amended Final Determination Pursuant to Court Decision, Notice of Revocation of Antidumping Duty Order in Part, and Discontinuation of Fifth Antidumping Duty Administrative Review, 82 FR 46758, 46760 (October 6, 2017). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 31743 and upheld by the CAFC, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate entries produced and exported by Goodluck without regard to antidumping duties. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e) of the Act. Dated: May 19, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–11325 Filed 5–26–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket Number 200429–0124] Profile of Responsible Use of Positioning, Navigation, and Timing Services National Institute of Standards and Technology, U.S. Department of Commerce. ACTION: Request for information. AGENCY: The National Institute of Standards and Technology (NIST) is seeking information about public and private sector use of positioning, navigation, and timing (PNT) services, and standards, practices, and technologies used to manage cybersecurity risks, to systems, networks, and assets dependent on PNT services. Executive Order 13905, Strengthening National Resilience Through Responsible Use of Positioning, Navigation, and Timing Services, was issued on February 12, 2020 and seeks to protect the national and economic security of the United States from disruptions to PNT services that are vital to the functioning of technology and infrastructure, including the electrical power grid, communications infrastructure and mobile devices, all modes of transportation, precision agriculture, weather forecasting, and emergency response. Under Executive Order 13905, the Secretary of Commerce, in coordination with the heads of the Sector Specific Agencies and in consultation, as appropriate, with the private sector, is directed to develop and make available, to at least the appropriate agencies and private sector users, PNT profiles. Responses to this Request for Information (RFI) will inform NIST’s SUMMARY: E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Pages 31742-31743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11325]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-873]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Notice of Court Decision Not in Harmony With Final 
Determination of Sales at Less Than Fair Value; Notice of Amended Final 
Determination Pursuant to Court Decision; and Notice of Revocation of 
Antidumping Duty Order, in Part

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

SUMMARY: On April 30, 2020, the United States Court of International 
Trade (the CIT) sustained the final results of redetermination 
pertaining to the less-than-fair-value (LTFV) investigation of certain 
cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn 
mechanical tubing) from India. The Department of Commerce (Commerce) is 
notifying the public that the final judgment in this case is not in 
harmony with the final determination in the LTFV investigation, and 
that Commerce is amending the final determination and resulting 
antidumping duty (AD) order with respect to the dumping margin assigned 
to Goodluck India Limited (Goodluck). We are also revoking the AD 
order, in part, with respect to Goodluck.

DATES: Applicable May 10, 2020.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, 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) 482-4047.

SUPPLEMENTARY INFORMATION:

Background

    On April 16, 2018, Commerce published its Final Determination in 
the LTFV investigation of cold-drawn mechanical tubing from India.\1\ 
In the Final Determination, Commerce applied a rate based on adverse 
facts available to Goodluck after finding that the company failed to 
accurately report product ``control numbers'' in its home market sales 
and cost of production databases.\2\ Although Goodluck attempted to 
submit new databases at the start of verification of Goodluck's 
questionnaire responses, Commerce declined to accept the revised 
information, determining that such a revision did not constitute a 
``minor correction.'' \3\ On June 11, 2018, Commerce published its AD 
order on cold-drawn mechanical tubing from India.\4\
---------------------------------------------------------------------------

    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from India: Final Affirmative Determination of Sales at Less 
than Fair Value, 83 FR 16296 (April 16, 2018) (Final Determination) 
and accompanying Issues and Decision Memorandum (IDM).
    \2\ See IDM at Comments 1 and 2.
    \3\ Id. at Comment 1.
    \4\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel From the People's Republic of China, the Federal Republic of 
Germany, India, Italy, the Republic of Korea, and Switzerland: 
Antidumping Duty Orders; and Amended Final Determinations of Sales 
at Less Than Fair Value for the People's Republic of China and 
Switzerland, 83 FR 26962 (June 11, 2018) (AD Order).
---------------------------------------------------------------------------

    On August 13, 2019, the CIT remanded the Final Determination to 
Commerce and instructed Commerce to consider the revised databases 
provided

[[Page 31743]]

by Goodluck.\5\ On remand, and under respectful protest, Commerce 
issued its final results of redetermination in accordance with the 
Court's order.\6\ In calculating an AD margin for Goodluck, Commerce 
relied on the corrections provided by Goodluck. On April 30, 2020, the 
CIT sustained Commerce's Final Remand Redetermination.\7\
---------------------------------------------------------------------------

    \5\ See Goodluck India Limited v. United States, Court No. 18-
00162, Slip Op. 19-110 (CIT August 13, 2019) (Remand Order).
    \6\ See Final Results of Redetermination Pursuant to Court 
Remand, Goodluck India Limited v. United States, Court No. 18-00162, 
Slip Op. 19-110 (CIT August 13, 2019), dated December 23, 2019 
(Final Remand Redetermination).
    \7\ See Goodluck India Limited v. United States, Court No. 18-
00162, Slip Op. 20-57 (CIT April 30, 2020).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\ 
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant 
to section 516A of the Tariff Act of 1930, as amended (the Act), 
Commerce must publish a notice of a court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's April 30, 
2020 judgment sustaining the Final Remand Redetermination constitutes a 
final decision of the CIT that is not in harmony with Commerce's Final 
Determination. This notice is published in fulfillment of the 
publication requirements of Timken.
---------------------------------------------------------------------------

    \8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \9\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court decision, Commerce is amending 
its Final Determination with respect to Goodluck.\10\ Goodluck's 
revised dumping margin is as follows:
---------------------------------------------------------------------------

    \10\ For purposes of this notice, the all-others rate for the AD 
Order will not be amended. Section 735(c)(5)(A) of the Act provides 
that the estimated all-others rate shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero or de minimis margins, and any margins determined 
entirely under section 776 of the Act. As discussed above, 
Goodluck's margin has been changed from a rate determined entirely 
under section 776 of the Act to zero. Therefore, Tube Products of 
India, Ltd. a unit of Tube Investments of India Limited 
(collectively, TPI) remains the only respondent in the underlying 
investigation for which Commerce calculated a company-specific rate 
which is not zero, de minimis or based entirely on facts available. 
As a result, pursuant to section 735(c)(5)(A) of the Act, the 
weighted-average dumping margin calculated for TPI continues to be 
the estimated weighted-average dumping margin assigned to all other 
producers and exporters of the merchandise under consideration. See 
Final Determination, 83 FR at 16296-97; AD Order, 83 FR at 26964.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Producer and exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Goodluck India Limited.....................................        0.00
------------------------------------------------------------------------

Partial Exclusion from Antidumping Duty Order

    Pursuant to section 735(a)(4) of the Act, Commerce ``shall 
disregard any weighted average dumping margin that is de minimis as 
defined in section 733(b)(3) of the Act.'' \11\ Furthermore, section 
735(c)(2) of the Act states that ``the investigation shall be 
terminated upon publication of that negative determination'' and 
Commerce shall ``terminate the suspension of liquidation'' and 
``release any bond or other security, and refund any cash deposit.'' 
\12\ As a result of this amended final determination, in which Commerce 
has calculated an estimated weighted-average dumping margin of 0.00 
percent for Goodluck, Commerce is hereby excluding merchandise produced 
and exported by Goodluck from the AD Order. Accordingly, Commerce will 
direct U.S. Customs and Border Protection (CBP) to release any bonds or 
other security and refund cash deposits pertaining to any suspended 
entries from Goodluck. Pursuant to Timken, the suspension of 
liquidation must continue during the pendency of the appeals process. 
Additionally, we will instruct CBP to suspend liquidation of all 
unliquidated entries from Goodluck at a cash deposit rate of 0.00 
percent which are entered, or withdrawn from warehouse, for consumption 
on or after May 10, 2020, which is ten days after the CIT's final 
decision, in accordance with section 516A of the Act.\13\ In the event 
the CIT's ruling is not appealed, or if appealed and upheld by the 
CAFC, Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate entries produced and exported by Goodluck 
without regard to antidumping duties.
---------------------------------------------------------------------------

    \11\ Section 733(b)(3) of the Act defines de minimis dumping 
margin as ``less than 2 percent ad valorem or the equivalent 
specific rate for the subject merchandise.''
    \12\ See sections 735(c)(2)(A) and (B) of the Act.
    \13\ See, e.g., Drill Pipe from the People's Republic of China: 
Notice of Court Decision Not in Harmony with International Trade 
Commission's Injury Determination, Revocation of Antidumping and 
Countervailing Duty Orders Pursuant to Court Decision, and 
Discontinuation of Countervailing Duty Administrative Review, 79 FR 
78037, 78038 (December 29, 2014); High Pressure Steel Cylinders From 
the People's Republic of China: Notice of Court Decision Not in 
Harmony With Final Determination in Less Than Fair Value 
Investigation, Notice of Amended Final Determination Pursuant to 
Court Decision, Notice of Revocation of Antidumping Duty Order in 
Part, and Discontinuation of Fifth Antidumping Duty Administrative 
Review, 82 FR 46758, 46760 (October 6, 2017).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c)(1) and (e) of the Act.

    Dated: May 19, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-11325 Filed 5-26-20; 8:45 am]
BILLING CODE 3510-DS-P