Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 33980-33982 [2021-13732]
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khammond on DSKJM1Z7X2PROD with NOTICES
33980
Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
‘‘usage-driven’’ FTZ sites for operators/
users located within a grantee’s ‘‘service
area’’ in the context of the FTZ Board’s
standard 2,000-acre activation limit for
a zone. The application was submitted
pursuant to the Foreign-Trade Zones
Act, as amended (19 U.S.C. 81a–81u),
and the regulations of the Board (15 CFR
part 400). It was formally docketed on
June 22, 2021.
FTZ 145 was approved by the FTZ
Board on January 7, 1988 (Board Order
370, 53 FR 1503, January 20, 1988) and
expanded on March 25, 1996 (Board
Order 809, 61 FR 15217, April 5, 1996).
The current zone includes the following
sites: Site 1 (262 acres)—Shreveport
Industrial Park, 2929 Baird Road,
Shreveport; and, Site 2 (2,000 acres)—
Port of Shreveport-Bossier Terminal
Complex, 6000 Doug Attaway
Boulevard, Shreveport.
The grantee’s proposed service area
under the ASF would be Caddo and
Bossier Parishes, Louisiana, as
described in the application. If
approved, the grantee would be able to
serve sites throughout the service area
based on companies’ needs for FTZ
designation. The application indicates
that the proposed service area is within
and adjacent to the Shreveport Customs
and Border Protection port of entry.
The applicant is requesting authority
to reorganize its existing zone to include
both of the existing sites as ‘‘magnet’’
sites. The ASF allows for the possible
exemption of one magnet site from the
‘‘sunset’’ time limits that generally
apply to sites under the ASF, and the
applicant proposes that Site 2 be so
exempted. No subzones/usage-driven
sites are being requested at this time.
The application would have no impact
on FTZ 145’s previously authorized
subzones.
In accordance with the FTZ Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is August
27, 2021. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
September 13, 2021.
A copy of the application will be
available for public inspection in the
‘‘Reading Room’’ section of the FTZ
Board’s website, which is accessible via
www.trade.gov/ftz.
VerDate Sep<11>2014
17:39 Jun 25, 2021
Jkt 253001
For further information, contact
Camille Evans at Camille.Evans@
trade.gov.
Dated: June 23, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–13706 Filed 6–25–21; 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; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of 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) June 1, 2019, through May
31, 2020. We invite interested parties to
comment on these preliminary results.
DATES: Applicable June 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0607 or
(202) 482–2285, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 11, 2018, Commerce
published the antidumping duty order
on cold-drawn mechanical tubing from
India.1 On August 6, 2020, in
accordance with 19 CFR 351.221(c)(i),
Commerce initiated an administrative
review of the Order, covering three
producers/exporters.2 On October 7,
2020, Pennar Industries Limited (a
mandatory respondent) withdrew its
request for administrative review of
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, 85 FR
47734 (August 6, 2020).
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itself.3 Based on this request, we
rescinded this review with respect to
Pennar Industries Limited, in
accordance with 19 CFR 351.213(d)(1).4
The administrative review remains
active with respect to the two remaining
companies for which a review was
initiated, i.e., Goodluck India Limited
(Goodluck) 5 and 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.6
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 120
days, until June 30, 2021.7
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
3 See Pennar Industries Limited, ‘‘Withdrawal of
Request for the Antidumping Duty of Pennar
Industries Limited,’’ October 7, 2020.
4 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Partial
Rescission of Antidumping Duty Administrative
Review; 2019–2020, 85 FR 68039 (October 27,
2020).
5 Commerce is only reviewing entries that were
produced, but not exported, by Goodluck, and/or
entries that were exported, but not produced, by
Goodluck. Pursuant to a Court of International
Trade decision, effective May 10, 2020, Commerce
excluded from the antidumping duty order certain
cold-drawn mechanical tubing of carbon and alloy
steel that was produced and exported by Goodluck.
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).
6 See Memorandum, ‘‘Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India: Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review and Preliminary Determination of No
Shipments; 2018–2019,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
7 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2019–2020,’’ dated
February 9, 2021.
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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
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. In addition, a
complete version of the Preliminary
Decision Memorandum is available at
https://enforcement.trade.gov/frn/.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period June 1,
2019, through May 31, 2020:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Tube Products of India, Ltd., a
unit of Tube Investments of
India Limited ............................
13.06
Preliminary Determination of No
Shipments
We preliminarily determine that
Goodluck had no shipments of the
subject merchandise to the United
States during the POR.8 Consistent with
its practice, Commerce finds that it is
not appropriate to preliminarily rescind
the review with respect to Goodluck,
but rather to complete the review and
issue appropriate instructions to U.S.
Customs and Border Protection (CBP)
based on the final results of this review.
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.9 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.10 Parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
8 See Preliminary Decision Memorandum; see
also Memorandum, ‘‘No Shipments
Determination—Goodluck India Limited,’’ dated
concurrently with this notice.
9 See 19 CFR 351.224(b).
10 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).’’).
VerDate Sep<11>2014
17:39 Jun 25, 2021
Jkt 253001
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.11 Executive
summaries should be limited to five
pages total, including footnotes. Case
and rebuttal briefs should be filed using
ACCESS 12 and must be served on
interested parties.13 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.14
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.
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
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. Commerce
intends to issue assessment instructions
to CBP 35 days after the date of
publication of the final results of this
administrative review in the Federal
Register.
For any individually examined
respondent whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), upon completion of
the final results, Commerce will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales and the total
entered value of sales. Where we do not
have entered values for all U.S. sales to
a particular importer/customer, we will
calculate a per-unit assessment rate by
11 See 19 CFR 351.303 (for general filing
requirements).
12 See generally 19 CFR 351.303.
13 See 19 CFR 351.303(f).
14 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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Frm 00015
Fmt 4703
Sfmt 4703
33981
aggregating the antidumping duties due
for all U.S. sales to that importer (or
customer) and dividing this amount by
the total quantity sold to that importer
(or customer).15 To determine whether
the duty assessment rates are de
minimis, in accordance with the
requirement set forth in 19 CFR
351.106(c)(2), we calculate importer- (or
customer-) specific ad valorem ratios
based on the estimated entered value.
Where either a respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer- (or customer-)
specific ad valorem rate is zero or de
minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.16
For each company which we
determined had ‘‘no shipments’’ of the
subject merchandise during the POR,
upon completion of the final results, we
will instruct CBP to liquidate all POR
entries associated with that company at
the all-others rate if there is no rate for
the intermediate company(ies) involved
in the transaction, consistent with
Commerce’s reseller policy.17
For entries of subject merchandise
during the POR produced by each
individually examined respondent for
which it did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate such
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction. 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.18
As noted in the Timken Notice
regarding Goodluck, the suspension of
liquidation of Goodluck’s entries must
continue during the pendency of the
process of appealing the Court of
International Trade’s ruling. If the ruling
is upheld by the Court of Appeals for
the Federal Circuit, Commerce will
instruct CBP to terminate the
suspension of liquidation and liquidate
entries produced and exported by
Goodluck without regard to
antidumping duties.
15 See
19 CFR 351.212(b)(1).
19 CFR 352.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
17 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
18 See section 751(a)(2)(C) of the Act.
16 See
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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
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 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, 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,19 the allothers rate established in the less-thanfair-value investigation. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Final Results of Review
Unless otherwise extended,
Commerce intends 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).
khammond on DSKJM1Z7X2PROD with NOTICES
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
These preliminary results are being
issued and published in accordance
19 See
Order, 83 FR at 16296.
VerDate Sep<11>2014
17:39 Jun 25, 2021
Jkt 253001
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
Dated: June 22, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2021–13732 Filed 6–25–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979, C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Preliminary Results of
Changed Circumstances Reviews, and
Intent To Revoke the Antidumping and
Countervailing Duty Orders, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) intends to revoke, in part,
the antidumping duty (AD) and
countervailing duty (CVD) orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules
(solar cells), from the People’s Republic
of China (China) with respect certain
off-grid small portable CSPV panels.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0835.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 7, 2012, Commerce
published the AD and CVD orders on
solar cells from China.1 On December 4,
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
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Frm 00016
Fmt 4703
Sfmt 4703
2020, SOURCE Global, PBC (SOURCE
Global), a U.S. importer of subject
merchandise, requested, through
changed circumstance reviews (CCRs),
revocation of the Solar Cells Orders
with respect to certain off-grid small
portable CSPV panels, pursuant to
section 751(b)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.216(b).2
On March 15, 2021, we initiated the
requested CCRs.3 In the Initiation
Notice, we invited interested parties to
provide comments and/or factual
information regarding these CCRs,
including comments on industry
support and the proposed partial
revocation language. We received no
comments or factual information.
Scope of the Solar Cells Orders
The merchandise covered by these
orders is crystalline silicon photovoltaic
cells, and modules, laminates, and
panels, consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.
These orders cover crystalline silicon
photovoltaic cells of thickness equal to
or greater than 20 micrometers, having
a p/n junction formed by any means,
whether or not the cell has undergone
other processing, including, but not
limited to, cleaning, etching, coating,
and/or addition of materials (including,
but not limited to, metallization and
conductor patterns) to collect and
forward the electricity that is generated
by the cell.
Merchandise under consideration
may be described at the time of
importation as parts for final finished
products that are assembled after
importation, including, but not limited
to, modules, laminates, panels,
building-integrated modules, buildingintegrated panels, or other finished
goods kits. Such parts that otherwise
meet the definition of merchandise
(December 7, 2012); see also Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Countervailing Duty Order, 77 FR 73017 (December
7, 2012) (collectively, Solar Cells Orders).
2 See SOURCE Global’s Letter, ‘‘Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules from the People’s
Republic of China; Request for Changed
Circumstances Review on Certain Off-Grid Portable
Small Panels and Consumer Products Containing
Such Panels,’’ dated December 4, 2020.
3 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Notice of Initiation of
Changed Circumstances Reviews, and
Consideration of Revocation of the Antidumping
and Countervailing Duty Orders in Part, 86 FR
16585 (March 30, 2021) (Initiation Notice).
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Agencies
[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 33980-33982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13732]
-----------------------------------------------------------------------
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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of 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) June 1, 2019, through
May 31, 2020. We invite interested parties to comment on these
preliminary results.
DATES: Applicable June 28, 2021.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0607 or (202)
482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2018, Commerce published the antidumping duty order on
cold-drawn mechanical tubing from India.\1\ On August 6, 2020, in
accordance with 19 CFR 351.221(c)(i), Commerce initiated an
administrative review of the Order, covering three producers/
exporters.\2\ On October 7, 2020, Pennar Industries Limited (a
mandatory respondent) withdrew its request for administrative review of
itself.\3\ Based on this request, we rescinded this review with respect
to Pennar Industries Limited, in accordance with 19 CFR
351.213(d)(1).\4\ The administrative review remains active with respect
to the two remaining companies for which a review was initiated, i.e.,
Goodluck India Limited (Goodluck) \5\ and 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.\6\
---------------------------------------------------------------------------
\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, 85 FR 47734 (August 6, 2020).
\3\ See Pennar Industries Limited, ``Withdrawal of Request for
the Antidumping Duty of Pennar Industries Limited,'' October 7,
2020.
\4\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from India: Partial Rescission of Antidumping Duty
Administrative Review; 2019-2020, 85 FR 68039 (October 27, 2020).
\5\ Commerce is only reviewing entries that were produced, but
not exported, by Goodluck, and/or entries that were exported, but
not produced, by Goodluck. Pursuant to a Court of International
Trade decision, effective May 10, 2020, Commerce excluded from the
antidumping duty order certain cold-drawn mechanical tubing of
carbon and alloy steel that was produced and exported by Goodluck.
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).
\6\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019,'' 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 120
days, until June 30, 2021.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020,''
dated February 9, 2021.
---------------------------------------------------------------------------
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
[[Page 33981]]
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. In addition,
a complete version of the Preliminary Decision Memorandum is available
at https://enforcement.trade.gov/frn/.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period June 1, 2019, through May 31,
2020:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Tube Products of India, Ltd., a unit of Tube Investments of 13.06
India Limited.............................................
------------------------------------------------------------------------
Preliminary Determination of No Shipments
We preliminarily determine that Goodluck had no shipments of the
subject merchandise to the United States during the POR.\8\ Consistent
with its practice, Commerce finds that it is not appropriate to
preliminarily rescind the review with respect to Goodluck, but rather
to complete the review and issue appropriate instructions to U.S.
Customs and Border Protection (CBP) based on the final results of this
review.
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum; see also Memorandum,
``No Shipments Determination--Goodluck India Limited,'' dated
concurrently with this notice.
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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.\9\
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.\10\ 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.\11\ Executive summaries should be limited to five pages
total, including footnotes. Case and rebuttal briefs should be filed
using ACCESS \12\ and must be served on interested parties.\13\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\14\
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\9\ See 19 CFR 351.224(b).
\10\ 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).'').
\11\ See 19 CFR 351.303 (for general filing requirements).
\12\ See generally 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ 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. 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
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. Commerce intends to
issue assessment instructions to CBP 35 days after the date of
publication of the final results of this administrative review in the
Federal Register.
For any individually examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), upon
completion of the final results, Commerce will calculate importer-
specific assessment rates on the basis of the ratio of the total amount
of dumping calculated for the importer's examined sales and the total
entered value of sales. Where we do not have entered values for all
U.S. sales to a particular importer/customer, we will calculate a per-
unit assessment rate by aggregating the antidumping duties due for all
U.S. sales to that importer (or customer) and dividing this amount by
the total quantity sold to that importer (or customer).\15\ To
determine whether the duty assessment rates are de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
calculate importer- (or customer-) specific ad valorem ratios based on
the estimated entered value. Where either a respondent's weighted-
average dumping margin is zero or de minimis, or an importer- (or
customer-) specific ad valorem rate is zero or de minimis, we will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For each company which we determined had ``no shipments'' of the
subject merchandise during the POR, upon completion of the final
results, we will instruct CBP to liquidate all POR entries associated
with that company at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction, consistent with
Commerce's reseller policy.\17\
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\17\ 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 entries of subject merchandise during the POR produced by each
individually examined respondent for which it did not know its
merchandise was destined for the United States, we will instruct CBP to
liquidate such entries at the all-others rate if there is no rate for
the intermediate company(ies) involved in the transaction. 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.\18\
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\18\ See section 751(a)(2)(C) of the Act.
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As noted in the Timken Notice regarding Goodluck, the suspension of
liquidation of Goodluck's entries must continue during the pendency of
the process of appealing the Court of International Trade's ruling. If
the ruling is upheld by the Court of Appeals for the Federal Circuit,
Commerce will instruct CBP to terminate the suspension of liquidation
and liquidate entries produced and exported by Goodluck without regard
to antidumping duties.
[[Page 33982]]
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 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, 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,\19\ the all-others rate established in the less-than-fair-
value investigation. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\19\ See Order, 83 FR at 16296.
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Final Results of Review
Unless otherwise extended, Commerce intends 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
These preliminary results are being issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: June 22, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2021-13732 Filed 6-25-21; 8:45 am]
BILLING CODE 3510-DS-P