Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Countervailing Duty Administrative Review; 2020, 12084-12086 [2022-04490]
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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices
125 incorporated into a blend that conforms
to ANSI/ASHRAE Standard 34 is excluded
from the scope of these orders. When R–125
is blended with other products and otherwise
falls under the scope of these orders, only the
R–125 component of the mixture is covered
by the scope of these orders.
Subject merchandise also includes purified
and unpurified R–125 that is processed in a
third country or otherwise outside the
customs territory of the United States,
including, but not limited to, purifying,
blending, or any other processing that would
not otherwise remove the merchandise from
the scope of the orders if performed in the
country of manufacture of the in-scope R–
125. The scope also includes R–125 that is
commingled with R–125 from sources not
subject to these orders. Only the subject
component of such commingled products is
covered by the scope of these orders.
Excluded from the scope is merchandise
covered by the scope of the antidumping
order on Hydrofluorocarbon Blends from the
People’s Republic of China, including
merchandise subject to the affirmative anticircumvention determination in
Hydrofluorocarbon Blends from the People’s
Republic of China: Affirmative Final
Determination of Circumvention of the
Antidumping Duty Order; Unfinished R–32/
R–125 Blends, 85 FR 15428 (March 18, 2020).
Appendix II—Separate Rate Companies
Exporter
Producer
Non-individually-examined exporters receiving separate rates
Producers supplying the non-individually-examined exporters receiving
separate rates
Huantai Dongyue International Trade Co. Ltd .........................................
Shandong Dongyue Chemical Co., Ltd ....................................................
Shandong Huaan New Material Co., Ltd .................................................
T.T. International Co., Ltd./T.T. International Co., Limited 20 ...................
T.T. International Co., Ltd./T.T. International Co., Limited ......................
T.T. International Co., Ltd./T.T. International Co., Limited ......................
Zhejiang Yonghe Refrigerant Co., Ltd .....................................................
Zibo Feiyuan Chemical Co., Ltd ...............................................................
Jinhua Binglong Chemical Technology Co., Ltd.
Shandong Dongyue Chemical Co., Ltd.
Shandong Huaan New Material Co., Ltd.
Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd.
Zhejiang Quhua Fluor-Chemistry Co., Ltd.
Zhejiang Sanmei Chemical Industry. Co., Ltd.
Jinhua Yonghe Fluorochemical Co., Ltd.
Zibo Feiyuan Chemical Co., Ltd.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2022–04505 Filed 3–2–22; 8:45 am]
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.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–874]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India:
Preliminary Results of Countervailing
Duty Administrative Review; 2020
SUPPLEMENTARY INFORMATION:
Background
Applicable March 3, 2022.
On April 1, 2021, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty order on colddrawn mechanical tubing from India.1
On October 5, 2021, Commerce
extended the time period for issuing
these preliminary results by 117 days, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act).2 The revised deadline for these
preliminary results is now February 25,
2022.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
part of the blend equals or exceeds 35% of the
volume of the blend.
20 Commerce determined that T.T. International
Co., Ltd. and T.T. International Co., Limited are a
single entity (collectively, TTI).
1 See Initiation and Countervailing Duty
Administrative Reviews, 86 FR 17124 (April 1,
2021); see also Certain Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from the People’s
Republic of China and India: Countervailing Duty
Orders, 83 FR 4637 (February 1, 2018) (Order).
2 See Memorandum, ‘‘Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India: Extension of Deadline for Preliminary Results
of Countervailing Duty Administrative Review,
2020,’’ dated October 5, 2021.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and 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, 2020,
through December 31, 2020. Interested
parties are invited to comment on these
preliminary results.
SUMMARY:
DATES:
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See Hydrofluorocarbon Blends from the
People’s Republic of China: Antidumping
Duty Order, 81 FR 55436 (August 19, 2016)
(the Blends Order).
R–125 is classified under Harmonized
Tariff Schedule of the United States (HTSUS)
subheading 2903.49.1010. Merchandise
subject to the scope may also be entered
under HTSUS subheadings 2903.49.0000 and
3827.11.0000, or 3827.39.0000. The HTSUS
subheadings and CAS registry number are
provided for convenience and customs
purposes. The written description of the
scope of the orders is dispositive.
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18:23 Mar 02, 2022
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Memorandum is included at the
appendix 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
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
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Act. For each of the subsidy
programs found countervailable, we
preliminarily find that there is a
subsidy, i.e., a financial contribution
that gives rise to a benefit to the
recipient, and the subsidy is specific.4
Administrative Review: Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India; 2020,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 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.
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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices
Limited; and Pennar Industries Limited
India.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
Companies Not Selected for Individual
Review
The Act and Commerce’s regulations
do not directly address the subsidy rate
to be applied to companies not selected
for individual examination where
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation.
Section 777A(e)(2) of the Act provides
that ‘‘the individual countervailable
subsidy rates determined under
subparagraph (A) shall be used to
determine the all-others rate under
section 705(c)(5) {of the Act}.’’ Section
705(c)(5)(A) of the Act states that for
companies not investigated, in general,
we will determine an all-others rate by
weight-averaging the countervailable
subsidy rates established for each of the
companies individually investigated,
excluding zero and de minimis rates or
any rates based solely on the facts
available.
Accordingly, to determine the rate for
companies not selected for individual
examination, Commerce’s practice is to
weight average the net subsidy rates for
the selected mandatory companies,
excluding rates that are zero, de
minimis, or based entirely on facts
available.5 We preliminarily determine
that Goodluck India Limited (Goodluck)
and Tube Investments of India Ltd. (TII)
received countervailing subsidies that
are above de minimis and are not based
entirely on facts available. Therefore, we
preliminarily determine to apply the
weighted-average of the net subsidy
rates calculated for Goodluck and TII
using publicly ranged sales data
submitted by those respondents to the
non-selected companies.6 The following
companies are companies for which a
review was requested, and which were
not selected as mandatory respondents
or found to be cross-owned with a
mandatory respondent: KLT Automotive
and Tubular Products Limited;
Metamorphosis Engitech India Private
5 See, e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386, 37387 (June
29, 2010).
6 See Memorandum, ‘‘Calculation of Subsidy Rate
for Non-Selected Companies Under Review,’’ dated
February 25, 2022.
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18:23 Mar 02, 2022
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Preliminary Results of Review
For the period January 1, 2020,
through December 31, 2020, we
preliminarily find that the following net
subsidy rates exist:
Subsidy rate
(percent
ad valorem)
Company
Goodluck India Limited 7 .......
Tube Investments of India
Ltd.8 ...................................
3.30
5.57
Review-Specific Average Rate
Applicable to the Following
KLT Automotive and Tubular
Products Limited ...............
Metamorphosis Engitech
India Private Limited .........
Pennar Industries Limited
India ..................................
3.96
3.96
3.96
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 in accordance
with the final results of this review. If
the assessment rate calculated in the
final results is zero or de minimis, we
will instruct CBP to liquidate all
appropriate entries without regard to
countervailing duties. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this review in the Federal Register. 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)(2)(C) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amounts
indicated above, except, where the rate
calculated in the final results is de
minimis, no cash deposit will be
required on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
7 Entries for Goodluck India Limited may have
been made under the following company names:
Goodluck India Limited (formerly Good Luck Steel
Tubes Limited); Good Luck Steel Tubes Limited
Good Luck House; and Good Luck Industries.
8 Tube Investments of India Ltd. is also known as
Tube Investments of India Limited.
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12085
results of this review. For all nonreviewed firms, we will instruct CBP to
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.
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of these 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 Case and
rebuttal briefs should be filed using
ACCESS 12 and must be served on
interested parties.13 Executive
summaries should be limited to five
pages total, including footnotes. Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.14
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.15
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs.16 If a request for a
hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
the date and time of the hearing two
9 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See generally 19 CFR 351.303.
13 See 19 CFR 351.303(f).
14 See Temporary Rule.
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310.
10 See
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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
Final Results of Review
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213.
Dated: February 24, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2022–04490 Filed 3–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review and Join
Annual Inquiry Service List
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
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18:23 Mar 02, 2022
Jkt 256001
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
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company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to: (a)
Identify which companies subject to
review previously were collapsed; and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
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]]>Agencies
[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12084-12086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04490]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-874]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Preliminary Results of Countervailing Duty Administrative
Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
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, 2020, through December 31, 2020. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable March 3, 2022.
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
On April 1, 2021, Commerce published a notice of initiation of an
administrative review of the countervailing duty order on cold-drawn
mechanical tubing from India.\1\ On October 5, 2021, Commerce extended
the time period for issuing these preliminary results by 117 days, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\2\ The revised deadline for these preliminary
results is now February 25, 2022.
---------------------------------------------------------------------------
\1\ See Initiation and Countervailing Duty Administrative
Reviews, 86 FR 17124 (April 1, 2021); see also Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from the People's
Republic of China and India: Countervailing Duty Orders, 83 FR 4637
(February 1, 2018) (Order).
\2\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Extension of Deadline for
Preliminary Results of Countervailing Duty Administrative Review,
2020,'' dated October 5, 2021.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the appendix 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://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review: Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel from India;
2020,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary 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 Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution that gives rise to a benefit to the recipient,
and the subsidy is specific.\4\
[[Page 12085]]
For a full description of the methodology underlying our conclusions,
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general, we will determine an
all-others rate by weight-averaging the countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory companies, excluding rates
that are zero, de minimis, or based entirely on facts available.\5\ We
preliminarily determine that Goodluck India Limited (Goodluck) and Tube
Investments of India Ltd. (TII) received countervailing subsidies that
are above de minimis and are not based entirely on facts available.
Therefore, we preliminarily determine to apply the weighted-average of
the net subsidy rates calculated for Goodluck and TII using publicly
ranged sales data submitted by those respondents to the non-selected
companies.\6\ The following companies are companies for which a review
was requested, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent: KLT Automotive and
Tubular Products Limited; Metamorphosis Engitech India Private Limited;
and Pennar Industries Limited India.
---------------------------------------------------------------------------
\5\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated February 25, 2022.
---------------------------------------------------------------------------
Preliminary Results of Review
For the period January 1, 2020, through December 31, 2020, we
preliminarily find that the following net subsidy rates exist:
---------------------------------------------------------------------------
\7\ Entries for Goodluck India Limited may have been made under
the following company names: Goodluck India Limited (formerly Good
Luck Steel Tubes Limited); Good Luck Steel Tubes Limited Good Luck
House; and Good Luck Industries.
\8\ Tube Investments of India Ltd. is also known as Tube
Investments of India Limited.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Goodluck India Limited \7\.............................. 3.30
Tube Investments of India Ltd.\8\....................... 5.57
------------------------------------------------------------------------
Review-Specific Average Rate
Applicable to the Following
------------------------------------------------------------------------
KLT Automotive and Tubular Products Limited............. 3.96
Metamorphosis Engitech India Private Limited............ 3.96
Pennar Industries Limited India......................... 3.96
------------------------------------------------------------------------
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 in accordance with the final results of this
review. If the assessment rate calculated in the final results is zero
or de minimis, we will instruct CBP to liquidate all appropriate
entries without regard to countervailing duties. Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of the final results of this review in the Federal
Register. 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)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts indicated above, except, where the rate
calculated in the final results is de minimis, no cash deposit will be
required on 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, we will
instruct CBP to 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.
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these 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\ Case and
rebuttal briefs should be filed using ACCESS \12\ and must be served on
interested parties.\13\ Executive summaries should be limited to five
pages total, including footnotes. 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(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See generally 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\15\
Requests should contain the party's name, address, and telephone
number, the number of participants, and a list of the issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs.\16\ If a request for a
hearing is made, Commerce intends to hold the hearing at a time and
date to be determined. Parties should confirm the date and time of the
hearing two
[[Page 12086]]
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310.
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213.
Dated: February 24, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2022-04490 Filed 3-2-22; 8:45 am]
BILLING CODE 3510-DS-P
