Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Results of Countervailing Duty Administrative Review; 2019, 70444-70445 [2021-26772]

Download as PDF 70444 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices company for AD cash deposit purposes if the operations of the successor are not materially dissimilar from those of its predecessor.11 In making this determination, Commerce examines a number of factors including, but not limited to, changes in: (1) Management; (2) production facilities; (3) suppliers; and (4) customer base.12 While no single factor or combination of factors is dispositive, Commerce will generally consider one company to be the successor to another if its resulting operation is essentially the same as that of its predecessor.13 Thus, if the evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the prior company, Commerce will assign the new company the cash deposit rate of its predecessor.14 In its CCR submission, Ozdemir AS provided evidence demonstrating that Ozdemir AS’s operations are not materially dissimilar from those of Ozdemir Ltd. Sti. Specifically, Ozdemir AS has the same shareholders and same management team as Ozdemir Ltd. Sti.15 Further, Ozdemir AS submitted capacity records showing that its production facilities, capacities, number of employees, machinery, and equipment are the same as its predecessor’s.16 Finally, Ozdemir AS submitted evidence that there have been no material changes to the company’s suppliers or customer base.17 Based on the foregoing, we preliminarily determine that Ozdemir AS is the successor-in-interest to Ozdemir Ltd. Sti. Should our final results remain unchanged from these preliminary results, we will instruct U.S. Customs and Border Protection to assign entries of subject merchandise that are not both produced and exported by Ozdemir AS jspears on DSK121TN23PROD with NOTICES1 11 Id. 12 See, e.g., Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Multilayered Wood Flooring from the People’s Republic of China, 79 FR 48117, 48118 (August 15, 2014), unchanged in Multilayered Wood Flooring from the People’s Republic of China: Final Results of Changed Circumstances Review, 79 FR 58740 (September 30, 2014). 13 Id. 14 See, e.g., Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China, 81 FR 76561 (November 3, 2016), unchanged in Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Final Results of Changed Circumstances Review, 81 FR 91909 (December 19, 2016). 15 See Ozdemir’s CCR Submission at 3–4 and Exhibit 3. 16 Id. at 4–5 and Exhibits 4–5. 17 Id. at Exhibits 8–9. VerDate Sep<11>2014 17:03 Dec 09, 2021 Jkt 256001 the AD cash deposit rate applicable to Ozdemir Ltd. Sti., effective as of the date of publication of the final results. Entries that are both produced and exported by Ozdemir AS will be excluded from the Order. Public Comment Any interested party may request a hearing within 14 days of publication of this notice, in accordance with 19 CFR 351.310(c). Interested parties may submit case briefs not later than 14 days after the date of publication of this notice.18 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the case briefs.19 Parties who submit case briefs or rebuttal briefs in this CCR are requested to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.20 All comments are to be filed electronically using ACCESS, available to registered users at https://access.trade.gov, and must also be served on interested parties. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.21 Note that Commerce has temporarily modified certain requirements for serving documents containing business proprietary information, until further notice.22 Consistent with 19 CFR 351.216(e), we intend to issue the final results of this CCR no later than 270 days after the date on which this review was initiated or within 45 days of publication of these preliminary results, if all parties agree to our preliminary findings. Notification to Interested Parties We are issuing and publishing this initiation and preliminary results notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216 and 351.221(c)(3). Dated: December 6, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of The Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–26773 Filed 12–9–21; 8:45 am] BILLING CODE 3510–DS–P 18 Commerce is exercising its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for the filing of case briefs. 19 Commerce is exercising its discretion under 19 CFR 351.309(d)(1) to alter the time limit for the filing of rebuttal briefs. 20 See 19 CFR 351.309(c)(2) and (d)(2). 21 See 19 CFR 351.303(b). 22 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [C–533–874] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Results of Countervailing Duty Administrative Review; 2019 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds countervailable subsidies are being provided to Goodluck India Limited (Goodluck) and Tube Investments of India Ltd. (TII), producers/exporters of certain colddrawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India during the period of review, January 1, 2019, through December 31, 2019. DATES: Applicable December 10, 2021. FOR FURTHER INFORMATION CONTACT: Eliza Siordia or Eric Hawkins, 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) 482–3878 or (202) 482–1988, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published the Preliminary Results on June 25, 2021.1 On October 1, 2021, Commerce extended the deadline for the final results of this review until December 22, 2021. For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 Scope of the Order The merchandise covered by the order is cold-drawn mechanical tubing from India. For a complete description of the scope of the order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in interested parties’ briefs are addressed in the Issues and 1 See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Preliminary Results of Countervailing Duty Administrative Review; 2019, 86 FR 33639 (June 25, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2019 Administrative Review of the Countervailing Duty Order on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices Decision Memorandum. A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum is provided in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our review and analysis of the comments received from parties, we made certain changes to the subsidy rate calculations for Goodluck and TII. For a discussion of these comments, see the Issues and Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and the subsidy is specific.3 For a full description of the methodology underlying our conclusions, see the Issues and Decision Memorandum. Final Results of Administrative Review In accordance with section 751(a)(1)(A) of the Act and 19 CFR 351.221(b)(5), we determine the total estimated net countervailable subsidy rates for the period January 1, 2019, through December 31, 2019, to be as follows: Subsidy rate (percent ad valorem) Company Goodluck India Limited 4 ..................... Tube Investments of India Ltd.5 .......... 5.35 7.70 Disclosure Commerce will disclose to the parties in this proceeding the calculations jspears on DSK121TN23PROD with NOTICES1 3 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 4 This rate applies to the following entities: Goodluck India Limited (formerly Good Luck Steel Tubes Limited); Good Luck Steel Tubes Limited Good Luck House; and Good Luck Industries. 5 Tube Investments of India Ltd. is also known as Tube Investments of India Limited. VerDate Sep<11>2014 17:03 Dec 09, 2021 Jkt 256001 performed for these final results within five days of the date of publication of this notice in the Federal Register.6 Assessment Rate Consistent with section 751(a)(2)(C) of the Act, upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35 days after publication of these final results. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements Administrative Protective Order This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). PO 00000 Dated: December 6, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of The Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Subsidies Valuation Information VI. Benchmarks and Interest Rates VII. Analysis of the Programs VIII. Discussion of the Issues Comment 1: Whether to Countervail Goodluck’s State Government of Gujarat (SGOG) Programs Comment 2: Whether to Include Deemed Exports in Certain Denominators IX. Recommendation [FR Doc. 2021–26772 Filed 12–9–21; 8:45 am] Pursuant to section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts indicated above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or allothers rate applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice. 6 See BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–844] Certain Carbon and Alloy Steel Cut-ToLength Plate From Germany: Final Results of Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that AG der Dillinger Hu¨ttenwerke (Dillinger) did not make sales of certain carbon and alloy steel cut-to-length plate from Germany at less than normal value during the period of review (POR), May 1, 2019, through April 30, 2020. DATES: Applicable December 10, 2021. FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4136. SUPPLEMENTARY INFORMATION: AGENCY: Background This review covers one producer/ exporter of the subject merchandise, Dillinger. On August 6, 2021, Commerce published the Preliminary Results.1 On 1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Germany: Preliminary Results of Antidumping Duty Administrative Review and 19 CFR 351.224(b). Frm 00016 Fmt 4703 70445 Continued Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70444-70445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26772]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-874]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Final Results of Countervailing Duty Administrative Review; 
2019

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

SUMMARY: The Department of Commerce (Commerce) finds countervailable 
subsidies are being provided to Goodluck India Limited (Goodluck) and 
Tube Investments of India Ltd. (TII), producers/exporters of certain 
cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn 
mechanical tubing) from India during the period of review, January 1, 
2019, through December 31, 2019.

DATES: Applicable December 10, 2021.

FOR FURTHER INFORMATION CONTACT: Eliza Siordia or Eric Hawkins, 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) 482-3878 or (202) 482-1988, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on June 25, 2021.\1\ On 
October 1, 2021, Commerce extended the deadline for the final results 
of this review until December 22, 2021. For a complete description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from India: Preliminary Results of Countervailing Duty 
Administrative Review; 2019, 86 FR 33639 (June 25, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019 Administrative Review of the 
Countervailing Duty Order on Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from India,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is cold-drawn mechanical 
tubing from India. For a complete description of the scope of the 
order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and

[[Page 70445]]

Decision Memorandum. A list of the issues raised by interested parties 
and to which we responded in the Issues and Decision Memorandum is 
provided in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review and analysis of the comments received from 
parties, we made certain changes to the subsidy rate calculations for 
Goodluck and TII. For a discussion of these comments, see the Issues 
and Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a financial contribution from a government or public 
entity that gives rise to a benefit to the recipient, and the subsidy 
is specific.\3\ For a full description of the methodology underlying 
our conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \3\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Final Results of Administrative Review

    In accordance with section 751(a)(1)(A) of the Act and 19 CFR 
351.221(b)(5), we determine the total estimated net countervailable 
subsidy rates for the period January 1, 2019, through December 31, 
2019, to be as follows:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                          Company                              (percent
                                                             ad valorem)
------------------------------------------------------------------------
Goodluck India Limited \4\.................................         5.35
Tube Investments of India Ltd.\5\..........................         7.70
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \4\ This rate applies to the following entities: Goodluck India 
Limited (formerly Good Luck Steel Tubes Limited); Good Luck Steel 
Tubes Limited Good Luck House; and Good Luck Industries.
    \5\ Tube Investments of India Ltd. is also known as Tube 
Investments of India Limited.
---------------------------------------------------------------------------

    Commerce will disclose to the parties in this proceeding the 
calculations performed for these final results within five days of the 
date of publication of this notice in the Federal Register.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. Commerce intends to issue 
appropriate assessment instructions to CBP no earlier than 35 days 
after publication of these final results. If a timely summons is filed 
at the U.S. Court of International Trade, the assessment instructions 
will direct CBP not to liquidate relevant entries until the time for 
parties to file a request for a statutory injunction has expired (i.e., 
within 90 days of publication).

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts indicated above with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, CBP will continue to collect 
cash deposits of estimated countervailing duties at the most recent 
company-specific or all-others rate applicable to the company, as 
appropriate. These cash deposit instructions, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 6, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of The Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Analysis of the Programs
VIII. Discussion of the Issues
    Comment 1: Whether to Countervail Goodluck's State Government of 
Gujarat (SGOG) Programs
    Comment 2: Whether to Include Deemed Exports in Certain 
Denominators
IX. Recommendation

[FR Doc. 2021-26772 Filed 12-9-21; 8:45 am]
BILLING CODE 3510-DS-P