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]
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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merchandise that entered, or withdrawn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
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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
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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).
---------------------------------------------------------------------------
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
