Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, and Partial Discontinuation of Review; 2017-2019, 66930-66932 [2020-23270]
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Federal Register / Vol. 85, No. 204 / Wednesday, October 21, 2020 / Notices
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: October 14, 2020.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–23271 Filed 10–20–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–40–2020]
Foreign-Trade Zone (FTZ) 83—
Huntsville, Alabama; Authorization of
Production Activity; Haier US
Appliance Solutions, Inc. (Household
Refrigerators), Decatur, Alabama
On June 18, 2020, Haier US Appliance
Solutions, Inc., submitted a notification
of proposed production activity to the
FTZ Board for its facility within
Subzone 83D in Decatur, Alabama.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (85 FR 39163, June 30,
2020). On October 16, 2020, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: October 16, 2020.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–23273 Filed 10–20–20; 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:
Preliminary Results of Antidumping
Duty Administrative Review, Partial
Rescission of Review, and Partial
Discontinuation of Review; 2017–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain cold-drawn mechanical
tubing of carbon and alloy steel (colddrawn mechanical tubing) from India
were made at less than normal value
during the period of review (POR)
November 22, 2017 through May 31,
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AGENCY:
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16:58 Oct 20, 2020
Jkt 253001
2019. We are also rescinding this review
with respect to 14 companies, and
discontinuing this review with respect
to one company. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable October 21, 2020.
FOR FURTHER INFORMATION CONTACT:
Nathan James, 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) 482–5305.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2018, Commerce
published the antidumping duty order
on cold-drawn mechanical tubing from
India.1 On July 29, 2019, in accordance
with 19 CFR 351.221(c)(i), Commerce
initiated an administrative review of the
Order, covering 16 producers/
exporters.2 As a result of the partial
rescission and partial discontinuation of
this review, discussed further below, the
sole remaining producer/exporter under
review is Tube Products of India, Ltd.,
a unit of Tube Investments of India
Limited (collectively, TII). For details
regarding the events that followed the
initiation of this review, see the
Preliminary Decision Memorandum.3
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
Commerce determined that it was not
practicable to complete the preliminary
results of this review within 245 days
and extended the deadline for the
preliminary results of this review by 117
days, until June 26, 2020.4 On April 24,
2020, Commerce tolled all deadlines in
administrative reviews by 50 days.5 On
July 21, 2020, Commerce tolled
1 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) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
36572 (July 29, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India; 2017–2019,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Memorandum, ‘‘Cold-Drawn Mechanical
Tubing from India: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated February 24, 2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
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deadlines for all preliminary and final
results in administrative reviews by an
additional 60 days.6 The deadline for
the preliminary results of this review is
now October 14, 2020.
Scope of the Order
The product covered by this order is
cold-drawn mechanical tubing from
India. For a full description of the
scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum is available at
https://enforcement.trade.gov/frn/. The
signed and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period November
22, 2017 through May 31, 2019:
Exporter/producer
Tube Products of India, Ltd., a unit of
Tube Investments of India Limited ....
Weightedaverage
dumping
margin
(percent)
7.93
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested a review
withdraws its request within 90 days of
the date of publication of the notice of
initiation. Subsequent to the initiation
of this administrative review, the
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
E:\FR\FM\21OCN1.SGM
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Federal Register / Vol. 85, No. 204 / Wednesday, October 21, 2020 / Notices
petitioners 7 timely withdrew their
request for an administrative review of
14 companies: APL Apollo Tubes Ltd.;
Automotive Steel Pipe; Hyundai Steel
Pipe India Pvt., Ltd.; ISMT Limited;
Jindal (India) Ltd.; Jindal Saw Ltd.;
Khanna Industries Pipes Pvt. Ltd.; KLT
Automotive Tubular Products Ltd.;
Patton International Ltd.; Sandvik Asia
Pvt. Ltd.; Surya Global Steel Tubes Ltd.;
Surya Roshni Ltd.; Tata Steel Bsl Ltd.
(fka Bhushan Steel Ltd.); and Zenith
Birla Steels (India) Pvt., Ltd.8 No other
party requested a review of these
producers/exporters. As a result,
Commerce is rescinding this review
with respect to these 14 companies, in
accordance with 19 CFR 351.213(d)(1).
Partial Discontinuation of Review
On May 27, 2020, Commerce
published a notice of a court decision
not in harmony with a final
determination in the less-than-fair-value
(LTFV) investigation of cold-drawn
mechanical tubing from India.9 At that
time, Commerce amended its final
determination in the LTFV investigation
and revised the antidumping duty
margin calculated for Goodluck India
Limited (Goodluck).10 Additionally, in
the Timken Notice, Commerce stated
that it was implementing a partial
exclusion from the Order for
merchandise produced and exported by
Goodluck.11 As a result, we are hereby
discontinuing this review with respect
to Goodluck because Goodluck only
made sales to the United States of
merchandise that it produced and
exported.12
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Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
7 The petitioners are ArcelorMittal Tubular
Products LLC, Michigan Seamless Tube, LLC, PTC
Alliance Corp., and Webco Industries, Inc.
8 See Petitioners’ Letter, ‘‘Cold-Drawn Mechanical
Tubing from India—Domestic Industry’s Partial
Withdrawal of Request for First Administrative
Review,’’ dated October 8, 2019.
9 See 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, 85 FR 31742 (May 27, 2020)
(Timken Notice).
10 Id., 85 FR at 31743.
11 Id. The partial exclusion covers merchandise
produced and exported by Goodluck. However,
entries that were produced, but not exported, by
Goodluck, and/or entries that were exported, but
not produced, by Goodluck are not covered by the
exclusion.
12 See Goodluck’s Letter, ‘‘Goodluck Sections B,
C, and D Questionnaire Response: Antidumping
Duty Administrative Review on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India,’’ December 16, 2019, at Section C.
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16:58 Oct 20, 2020
Jkt 253001
preliminary results.13 Pursuant to 19
CFR 351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.14 Parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue, (2) a brief
summary of the argument, and (3) a
table of authorities.15 Executive
summaries should be limited to five
pages total, including footnotes. Case
and rebuttal briefs should be filed using
ACCESS 16 and must be served on
interested parties.17 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.18
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.
Interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS within 30
days after the date of publication of this
notice. Requests should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. If a request for
a hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined.
13 See
19 CFR 351.224(b).
19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’).
15 See 19 CFR 351.303 (for general filing
requirements).
16 See generally 19 CFR 351.303.
17 See 19 CFR 351.303(f).
18 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
14 See
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66931
Assessment Rates
Upon completion of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. If TII’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
will calculate importer-specific ad
valorem antidumping duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific assessment rate
calculated in the final results of this
review is not zero or de minimis. If TII’s
weighted-average dumping margin is
zero or de minimis, we will instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.19
For entries of subject merchandise
during the POR produced by TII for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.20 We intend to issue
liquidation instructions covering TII’s
entries to CBP 15 days after publication
of the final results of this review.
For the companies for which this
review is rescinded, antidumping duties
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse for
consumption, in accordance with 19
CFR 351.212(c)(l)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice.
For Goodluck, as noted in the Timken
Notice, the suspension of liquidation of
Goodluck’s entries must continue
during the pendency of the appeal
process.21 The Court of International
Trade’s ruling has been appealed. If the
ruling is upheld by the Court of Appeals
19 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).
21 Id.
20 For
E:\FR\FM\21OCN1.SGM
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Federal Register / Vol. 85, No. 204 / Wednesday, October 21, 2020 / Notices
for the Federal Circuit, Commerce will
instruct CBP to terminate the
suspension of liquidation and to
liquidate entries produced and exported
by Goodluck without regard to
antidumping duties.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the finals results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for TII in the final
results of review will be equal to the
weighted-average dumping margin
established in the final results of this
administrative review; (2) for
merchandise exported by 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 recentlycompleted segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review or the original investigation 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; (4) the cash deposit rate
for all other producers or exporters will
continue to be 5.87 percent,22 the allothers rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
khammond on DSKJM1Z7X2PROD with NOTICES
Final Results of Review
Unless otherwise extended,
Commerce intends intend to issue the
final results of this administrative
review, including the results of our
analysis of issues raised by the parties
in the written comments, within 120
days of publication of these preliminary
results in the Federal Register, pursuant
to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
22 See
Order, 83 FR at 16296.
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16:58 Oct 20, 2020
Jkt 253001
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: October 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Partial Rescission and Partial
Discontinuation of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Product Comparisons
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2020–23270 Filed 10–20–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–124]
Certain Vertical Shaft Engines Between
99cc and Up to 225cc, and Parts
Thereof, From the People’s Republic of
China: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, and Preliminary Affirmative
Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain vertical shaft engines
between 99cc and up to 225cc, and parts
thereof (small vertical engines) from the
People’s Republic of China (China) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
July 1, 2019 through December 31, 2019.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable October 21, 2020.
FOR FURTHER INFORMATION CONTACT:
Benjamin A. Luberda or Whitley
Herndon, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2185 or
(202) 482–6274, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 7, 2020.1 On August 5, 2020,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now October 14,
2020.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is small vertical engines
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (scope).5 Certain interested
parties commented on the scope of the
1 See Certain Vertical Shaft Engines Between 99cc
and Up To 225cc, and Parts Thereof from the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 85 FR 20670 (April 14,
2020) (Initiation Notice).
2 See Certain Vertical Shaft Engines Between 99cc
and Up To 225cc, and Parts Thereof from the
People’s Republic of China: Postponement of
Preliminary Determination in the Less-Than-FairValue Investigation, 85 FR 47357 (August 5, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Vertical Shaft
Engines Between 99cc and Up To 225cc, and Parts
Thereof, from the People’s Republic of China’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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]]>Agencies
[Federal Register Volume 85, Number 204 (Wednesday, October 21, 2020)]
[Notices]
[Pages 66930-66932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23270]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-873]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Preliminary Results of Antidumping Duty Administrative
Review, Partial Rescission of Review, and Partial Discontinuation of
Review; 2017-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain cold-drawn mechanical tubing of carbon and alloy steel
(cold-drawn mechanical tubing) from India were made at less than normal
value during the period of review (POR) November 22, 2017 through May
31, 2019. We are also rescinding this review with respect to 14
companies, and discontinuing this review with respect to one company.
We invite interested parties to comment on these preliminary results.
DATES: Applicable October 21, 2020.
FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482-5305.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2018, Commerce published the antidumping duty order on
cold-drawn mechanical tubing from India.\1\ On July 29, 2019, in
accordance with 19 CFR 351.221(c)(i), Commerce initiated an
administrative review of the Order, covering 16 producers/exporters.\2\
As a result of the partial rescission and partial discontinuation of
this review, discussed further below, the sole remaining producer/
exporter under review is Tube Products of India, Ltd., a unit of Tube
Investments of India Limited (collectively, TII). For details regarding
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 36572 (July 29, 2019).
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel from India; 2017-
2019,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce determined that it was not practicable to
complete the preliminary results of this review within 245 days and
extended the deadline for the preliminary results of this review by 117
days, until June 26, 2020.\4\ On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by 50 days.\5\ On July 21, 2020,
Commerce tolled deadlines for all preliminary and final results in
administrative reviews by an additional 60 days.\6\ The deadline for
the preliminary results of this review is now October 14, 2020.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Cold-Drawn Mechanical Tubing from India:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated February 24, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is cold-drawn mechanical tubing
from India. For a full description of the scope, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is made available to the public via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, room B8024 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum is available at https://enforcement.trade.gov/frn/. The
signed and electronic versions of the Preliminary Decision Memorandum
are identical in content.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period November 22, 2017 through May 31,
2019:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Tube Products of India, Ltd., a unit of Tube Investments of 7.93
India Limited.............................................
------------------------------------------------------------------------
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws its request within 90 days of the date of
publication of the notice of initiation. Subsequent to the initiation
of this administrative review, the
[[Page 66931]]
petitioners \7\ timely withdrew their request for an administrative
review of 14 companies: APL Apollo Tubes Ltd.; Automotive Steel Pipe;
Hyundai Steel Pipe India Pvt., Ltd.; ISMT Limited; Jindal (India) Ltd.;
Jindal Saw Ltd.; Khanna Industries Pipes Pvt. Ltd.; KLT Automotive
Tubular Products Ltd.; Patton International Ltd.; Sandvik Asia Pvt.
Ltd.; Surya Global Steel Tubes Ltd.; Surya Roshni Ltd.; Tata Steel Bsl
Ltd. (fka Bhushan Steel Ltd.); and Zenith Birla Steels (India) Pvt.,
Ltd.\8\ No other party requested a review of these producers/exporters.
As a result, Commerce is rescinding this review with respect to these
14 companies, in accordance with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\7\ The petitioners are ArcelorMittal Tubular Products LLC,
Michigan Seamless Tube, LLC, PTC Alliance Corp., and Webco
Industries, Inc.
\8\ See Petitioners' Letter, ``Cold-Drawn Mechanical Tubing from
India--Domestic Industry's Partial Withdrawal of Request for First
Administrative Review,'' dated October 8, 2019.
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Partial Discontinuation of Review
On May 27, 2020, Commerce published a notice of a court decision
not in harmony with a final determination in the less-than-fair-value
(LTFV) investigation of cold-drawn mechanical tubing from India.\9\ At
that time, Commerce amended its final determination in the LTFV
investigation and revised the antidumping duty margin calculated for
Goodluck India Limited (Goodluck).\10\ Additionally, in the Timken
Notice, Commerce stated that it was implementing a partial exclusion
from the Order for merchandise produced and exported by Goodluck.\11\
As a result, we are hereby discontinuing this review with respect to
Goodluck because Goodluck only made sales to the United States of
merchandise that it produced and exported.\12\
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\9\ See 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, 85 FR 31742 (May 27,
2020) (Timken Notice).
\10\ Id., 85 FR at 31743.
\11\ Id. The partial exclusion covers merchandise produced and
exported by Goodluck. However, entries that were produced, but not
exported, by Goodluck, and/or entries that were exported, but not
produced, by Goodluck are not covered by the exclusion.
\12\ See Goodluck's Letter, ``Goodluck Sections B, C, and D
Questionnaire Response: Antidumping Duty Administrative Review on
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from
India,'' December 16, 2019, at Section C.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\13\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\14\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue, (2) a brief summary of the argument, and (3) a table of
authorities.\15\ Executive summaries should be limited to five pages
total, including footnotes. Case and rebuttal briefs should be filed
using ACCESS \16\ and must be served on interested parties.\17\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\15\ See 19 CFR 351.303 (for general filing requirements).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days after the date of publication of
this notice. Interested parties who wish to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS within 30 days after the date of publication
of this notice. Requests should contain: (1) The party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined.
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. If TII's weighted-average dumping
margin is not zero or de minimis (i.e., less than 0.5 percent) in the
final results of this review, we will calculate importer-specific ad
valorem antidumping duty assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those same sales in accordance with 19 CFR
351.212(b)(1). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is not
zero or de minimis. If TII's weighted-average dumping margin is zero or
de minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review and for
future deposits of estimated duties, where applicable.\19\
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\19\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by TII
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\20\ We intend to issue liquidation
instructions covering TII's entries to CBP 15 days after publication of
the final results of this review.
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\20\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies for which this review is rescinded, antidumping
duties shall be assessed at rates equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse for consumption, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue appropriate assessment
instructions to CBP 15 days after publication of this notice.
For Goodluck, as noted in the Timken Notice, the suspension of
liquidation of Goodluck's entries must continue during the pendency of
the appeal process.\21\ The Court of International Trade's ruling has
been appealed. If the ruling is upheld by the Court of Appeals
[[Page 66932]]
for the Federal Circuit, Commerce will instruct CBP to terminate the
suspension of liquidation and to liquidate entries produced and
exported by Goodluck without regard to antidumping duties.
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\21\ Id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for TII in the final
results of review will be equal to the weighted-average dumping margin
established in the final results of this administrative review; (2) for
merchandise exported by 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 in which
they were reviewed; (3) if the exporter is not a firm covered in this
review or the original investigation 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; (4) the cash deposit rate for all other producers or
exporters will continue to be 5.87 percent,\22\ the all-others rate
established in the LTFV investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\22\ See Order, 83 FR at 16296.
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Final Results of Review
Unless otherwise extended, Commerce intends intend to issue the
final results of this administrative review, including the results of
our analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: October 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission and Partial Discontinuation of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Product Comparisons
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2020-23270 Filed 10-20-20; 8:45 am]
BILLING CODE 3510-DS-P
