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
<![CDATA[
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
