Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Results of Countervailing Duty Administrative Review; 2020, 55783-55785 [2022-19629]
Download as PDF
Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices
‘‘47. Zhejiang Jinko Solar Co., Ltd.’’ by
replacing Appendix III with the
attached version. On page 40493 in the
third column, correct Appendix II to
include ‘‘LERRI Solar Technology Co.,
Ltd.’’ and ‘‘Zhejiang Jinko Solar Co.,
Ltd.’’ by replacing Appendix II with the
attached version.
In addition, in the Federal Register of
August 15, 2022, in FR Doc 2022–17470,
on page 50071 in the first column,
correct the appendix to include ‘‘LERRI
Solar Technology Co., Ltd.’’ and
‘‘Zhejiang Jinko Solar Co., Ltd.’’ by
replacing the appendix with the
attached version.
Background
On July 7, 2022, Commerce published
in the Federal Register the final results
of the 2019 administrative review of the
CVD order on solar cells from China.1
We incorrectly titled Appendix III
‘‘Intent to Rescind Review, In Part’’
instead of ‘‘Rescission of Review, In
Part.’’ We also incorrectly included ‘‘26.
LERRI Solar Technology Co., Ltd.’’ and
‘‘47. Zhejiang Jinko Solar Co., Ltd.’’ The
corrected Appendix III, which includes
the correct title and does not include
these two companies, is attached to this
notice. These two companies should
have been listed in Appendix II, which
is the list of non-selected companies
under review. The corrected Appendix
II, which includes these two companies,
is attached to this notice.
On August 15, 2022, Commerce
published in the Federal Register the
amended final results of the 2019
administrative review of the CVD order
on solar cells from China.2 In the
appendix, we incorrectly did not
include ‘‘LERRI Solar Technology Co.,
Ltd.’’ and ‘‘Zhejiang Jinko Solar Co.,
Ltd.’’ The corrected appendix, which
includes these two companies, is
attached to this notice.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(l),
751(a)(2)(B), and 777(i) of the Tariff Act
of 1930, as amended.
lotter on DSK11XQN23PROD with NOTICES1
1 See
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China: Final Results and
Partial Rescission of Countervailing Duty
Administrative Review; 2019, 87 FR 40491 (July 7,
2022), and accompanying Issues and Decision
Memorandum.
2 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China: Notice of Amended
Final Results Countervailing Duty Administrative
Review; 2019, 87 FR 50069 (August 15, 2022).
VerDate Sep<11>2014
17:06 Sep 09, 2022
Jkt 256001
Dated: September 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Non-Selected Companies Under Review
1. Canadian Solar International Limited
2. Canadian Solar Manufacturing (Changshu)
Inc.
3. Canadian Solar Manufacturing (Luoyang)
Inc.
4. Chint Solar (Zhejiang) Co., Ltd.
5. CSI Cells Co., Ltd.
6. CSI–GCL Solar Manufacturing (Yancheng)
Co., Ltd.
7. Hengdian Group DMEGC Magnetics Co.,
Ltd.
8. Jinko Solar Co., Ltd.
9. Jinko Solar Import and Export Co., Ltd.
10. LONGi Solar Technology Co., Ltd.
11. Suntech Power Co., Ltd.
12. Yingli Energy (China) Co., Ltd.
13. LERRI Solar Technology Co., Ltd.
14. Zhejiang Jinko Solar Co., Ltd.
Appendix II
Non-Selected Companies Under Review
1. Canadian Solar International Limited
2. Canadian Solar Manufacturing (Changshu)
Inc.
3. Canadian Solar Manufacturing (Luoyang)
Inc.
4. Chint Solar (Zhejiang) Co., Ltd.
5. CSI Cells Co., Ltd.
6. CSI–GCL Solar Manufacturing (Yancheng)
Co., Ltd.
7. Hengdian Group DMEGC Magnetics Co.,
Ltd.
8. Jinko Solar Co., Ltd.
9. Jinko Solar Import and Export Co., Ltd.
10. LONGi Solar Technology Co., Ltd.
11. Suntech Power Co., Ltd.
12. Yingli Energy (China) Co., Ltd.
13. LERRI Solar Technology Co., Ltd.
14. Zhejiang Jinko Solar Co., Ltd.
Appendix III
Frm 00005
20. Hainan Yingli New Energy Resources Co.,
Ltd.
21. Hangzhou Sunny Energy Science and
Technology Co., Ltd.
22. Hengshui Yingli New Energy Resources
Co., Ltd.
23. Jiangsu High Hope Int’l Group
24. Jinko Solar International Limited
25. JinkoSolar Technology (Haining) Co., Ltd.
26. LightWay Green New Energy Co., Ltd.
27. Lixian Yingli New Energy Resources Co.,
Ltd.
28. Longi (HK) Trading Ltd.
29. Ningbo ETDZ Holdings, Ltd.
30. ReneSola Jiangsu Ltd.
31. Renesola Zhejiang Ltd.
32. Shenzhen Yingli New Energy Resources
Co., Ltd.
33. Sumec Hardware & Tools Co., Ltd.
34. Sunpreme Solar Technology (Jiaxing) Co.,
Ltd.
35. Suntimes Technology Co., Limited
36. Systemes Versilis, Inc.
37. Taimax Technologies Inc.
38. Talesun Energy
39. Talesun Solar
40. tenKsolar (Shanghai) Co., Ltd.
41. Tianjin Yingli New Energy Resources Co.,
Ltd.
42. Tianneng Yingli New Energy Resources
Co., Ltd.
43. Toenergy Technology Hangzhou Co., Ltd.
44. Yingli Green Energy International
Trading Company Limited
45. Zhejiang ERA Solar Technology Co., Ltd.
46. Zhejiang Sunflower Light Energy Science
& Technology Limited Liability
Company
47. Trina Solar Co., Ltd. (formerly Changzhou
Trina Solar Energy Co., Ltd.) 3
48. Changzhou Trina Solar Yabang Energy
Co., Ltd.
49. Trina Solar (Changzhou) Science and
Technology Co., Ltd.
50. Turpan Trina Solar Energy Co., Ltd.
51. Hubei Trina Solar Energy Co., Ltd.
52. Yancheng Trina Solar Energy Technology
Co., Ltd.
[FR Doc. 2022–19628 Filed 9–9–22; 8:45 am]
Rescission of Review, In Part
1. Astronergy Co., Ltd.
2. Astronergy Solar
3. Baoding Jiasheng Photovoltaic Technology
Co., Ltd.
4. Baoding Tianwei Yingli New Energy
Resources Co., Ltd.
5. Boviet Solar Technology Co., Ltd.
6. BYD (Shangluo) Industrial Co., Ltd.
7. Chint New Energy Technology (Haining)
Co., Ltd.
8. Chint Solar (Hong Kong) Company Limited
9. Chint Solar (Jiuquan) Co., Ltd.
10. CSI Modules (Dafeng) Co., Ltd.
11. DelSolar (Wujiang) Ltd.
12. DelSolar Co., Ltd.
13. De-Tech Trading Limited HK
14. Dongguan Sunworth Solar Energy Co.,
Ltd.
15. Eoplly New Energy Technology Co., Ltd.
16. ERA Solar Co., Ltd.
17. ET Solar Energy Limited
18. Fuzhou Sunmodo New Energy
Equipment Co., Ltd.
19. GCL System Integration Technology Co.
Ltd
PO 00000
55783
Fmt 4703
Sfmt 4703
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:
Final Results of Countervailing Duty
Administrative Review; 2020
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds
countervailable subsidies are being
provided to producers and exporters of
AGENCY:
3 During the administrative review, this company
was imprecisely referenced as Trina Solar Energy
Co. Ltd. See Trina Solar’s Letter, ‘‘Letter in Lieu of
Case Brief,’’ dated May 16, 2022.
E:\FR\FM\12SEN1.SGM
12SEN1
55784
Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices
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.
DATES: Applicable September 12, 2022.
FOR FURTHER INFORMATION CONTACT: 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) 482–1988.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results of this review on March 3,
2022.1 On June 21, 2022, Commerce
extended the deadline for the final
results of this review until August 30,
2022.2 For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.3
Scope of the Order 4
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
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
an 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
lotter on DSK11XQN23PROD with NOTICES1
1 See
Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Preliminary
Results of Countervailing Duty Administrative
Review; 2020, 87 FR 12084 (March 3, 2022)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India: Extension of Deadline for Final Results of
Countervailing Duty Administrative Review, 2020,’’
dated June 21, 2022.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final 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 (Issues and Decision Memorandum).
4 See 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); see also Certain
Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from the People’s Republic of China and
India: Countervailing Duty Orders; Correction, 86
FR 30595 (June 9, 2021).
VerDate Sep<11>2014
17:06 Sep 09, 2022
Jkt 256001
(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 a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made certain changes for these final
results of review.
Methodology
Commerce conducted 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.5 For a full description of the
methodology underlying our
conclusions, see the Issues and Decision
Memorandum.
Companies Not Selected for Individual
Review
We made no changes to the
methodology for determining a rate for
companies not selected for individual
examination from the Preliminary
Results. However, due to changes in
calculations for Tube Investments of
India Ltd., the non-selected rate
changed for each of the non-selected
companies for which a review was
requested and not rescinded, and which
were not selected as mandatory
respondents.6
Final Results of Review
We determine the total estimated net
countervailable subsidy rates for the
period January 1, 2020, through
December 31, 2020, to be as follows:
5 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.
6 See Memorandum, ‘‘Calculation of Subsidy Rate
for Non-Selected Companies Under Review,’’ dated
concurrently with this notice.
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.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Company
Subsidy rate
(percent ad
valorem)
Goodluck India Limited 7 .......
Tube Investments of India
Ltd 8 ...................................
3.30
5.94
Review-Specific Average Rate Applicable
to the Following Companies
KLT Automotive and Tubular
Products Limited ...............
Metamorphosis Engitech
India Private Limited .........
Pennar Industries Limited
India ..................................
4.07
4.07
4.07
Disclosure
Commerce will disclose to interested
parties the calculations performed in
connection with final results within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of the notice of final
determination in the Federal Register,
in accordance with 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 allothers 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
E:\FR\FM\12SEN1.SGM
12SEN1
Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices
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: August 30, 2022.
Lisa W. Wang,
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. Analysis of the Programs
VII. Discussion of the Issues
Comment 1: Whether to Correct for Certain
Calculation Errors for TII
Comment 2: Countervailability of Steel
Authority of India Ltd. (SAIL) for Less
Than Adequate Renumeration (LTAR)
Program
Comment 3: Whether to Revise the
Calculation for the Merchandise Export
from India Scheme (MEIS) for TII
Comment 4: Whether to Countervail
Certain Programs Located in a Special
Economic Zone (SEZ)
Comment 5: Whether to Include Deemed
Exports in Certain Denominators
VIII. Recommendation
[FR Doc. 2022–19629 Filed 9–9–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
lotter on DSK11XQN23PROD with NOTICES1
[A–549–502]
Circular Welded Carbon Steel Pipes
and Tubes From Thailand: Notice of
Court Decision Not in Harmony With
Final Scope Ruling and Notice of
Amended Final Scope Ruling Pursuant
to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2022, the U.S.
Court of International Trade (CIT)
AGENCY:
VerDate Sep<11>2014
17:06 Sep 09, 2022
Jkt 256001
issued its final judgment in Saha Steel
Pipe Public Company, Ltd v. United
States, Court No. 20–00133, Slip Op.
22–99 (Saha Steel), sustaining the
Department of Commerce (Commerce)’s
final results of redetermination
pertaining to the scope ruling for the
antidumping duty (AD) order on
circular welded carbon steel pipes and
tubes (CWP) from Thailand. In the
redetermination, Commerce found that
dual-stenciled standard pipe and line
pipe are outside the scope of the order,
pursuant to the CIT’s remand order in
Saha Thai Steel Pipe Public Company
Ltd v. United States, 547 F. Supp. 3d
1278 (CIT Oct. 6, 2021) (Remand Order).
Commerce is notifying the public that
the CIT’s final judgment is not in
harmony with Commerce’s final scope
ruling, and that Commerce is amending
the scope ruling to find that dualstenciled standard pipe and line pipe
are outside the scope of the order.
DATES: Applicable September 4, 2022.
FOR FURTHER INFORMATION CONTACT: Leo
Ayala, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3945.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2020, in its Final Scope
Ruling, Commerce found that dualstenciled standard pipe and line pipe,
products which are stenciled as meeting
industry standards for both standard
pipe and line pipe, are within the scope
of the AD order on CWP from
Thailand.1 Commerce also found that
line pipe, which is not dual-stenciled as
standard pipe and line pipe, is not
within the scope of the Order.2
Saha Thai Steel Pipe Public Company
Ltd. appealed Commerce’s Final Scope
Ruling with respect to its determination
on dual-stenciled standard pipe and line
pipe. On October 6, 2021, the CIT
remanded the Final Scope Ruling to
Commerce to conduct an analysis that
reconsidered the sources listed in 19
CFR 351.225(k)(1) to determine whether
dual-stenciled pipe, which is certified
for use in standard pipe or line pipe
applications, falls within the scope of
the Order.3 In accordance with the CIT’s
1 See Memorandum, ‘‘Antidumping Duty Order
on Circular Welded Carbon Steel Pipes and Tubes
from Thailand: Final Scope Ruling on Line Pipe
and Dual-Stenciled Standard and Line Pipe,’’ dated
June 30, 2020 (Final Scope Ruling). See also
Antidumping Duty Order; Circular Welded Carbon
Steel Pipes and Tubes from Thailand, 51 FR 8341
(March 11, 1986) (Order).
2 See Final Scope Ruling.
3 See Remand Order.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
55785
analysis and conclusions, Commerce
issued its final results of
redetermination, submitted to the CIT
on April 22, 2022, in which Commerce,
under protest, concluded that dualstenciled standard pipe and line pipe
are outside the scope of the Order.4 The
CIT subsequently sustained Commerce’s
Amended Final Redetermination.5
Timken Notice
In its decision in Timken,6 as clarified
by Diamond Sawblades,7 the Court of
Appeals for the Federal Circuit held
that, pursuant to sections 516A(c) and
(e) of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
determination, and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
August 25, 2022, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final Scope
Ruling. Thus, this notice is published in
fulfillment of the publication
requirements of Timken.
Amended Final Scope Ruling
In accordance with the CIT’s August
25, 2022, final judgment, Commerce is
amending its Final Scope Ruling and
determines that the scope of the Order
does not cover dual-stenciled standard
pine and line pipe addressed in the
Final Scope Ruling.
Liquidation of Suspended Entries
Commerce will instruct U.S. Customs
and Border Protection (CBP) that,
pending any appeals, the cash deposit
rate will be zero percent for entries of
dual-stenciled standard pipe and line
pipe produced in Thailand. In the event
that the CIT’s final judgment is not
appealed or is upheld on appeal,
Commerce will instruct CBP to lift
suspension of liquidation of such
4 See ‘‘Saha Thai Steel Pipe Public Company,
Ltd., v. United States, Court No. 1:20–cv–133, Slip
Op. 21–135 (CIT October 6, 2021)—Amended Final
Results of Redetermination Pursuant to Court
Remand’’ dated April 22, 2022. (Amended Final
Redetermination). Commerce previously submitted
a final results of redetermination on January 4,
2022. See Saha Thai Steel Pipe Public Company,
Ltd., v. United States, Court No. 1:20–cv–133, Slip
Op. 21–135 (CIT October 6, 2021)—Final Results of
Redetermination Pursuant to Court Remand,’’ ECF
No. 58. However, on a motion by the government,
the Court granted Commerce leave to amend the
final results of redetermination by removing
extraneous legal arguments, and to submit an
amended final results of redetermination. See
Amended Final Redetermination.
5 See Saha Steel.
6 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
7 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
E:\FR\FM\12SEN1.SGM
12SEN1
Agencies
[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55783-55785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19629]
-----------------------------------------------------------------------
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;
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds
countervailable subsidies are being provided to producers and exporters
of
[[Page 55784]]
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.
DATES: Applicable September 12, 2022.
FOR FURTHER INFORMATION CONTACT: 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) 482-1988.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on March
3, 2022.\1\ On June 21, 2022, Commerce extended the deadline for the
final results of this review until August 30, 2022.\2\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from India: Preliminary Results of Countervailing Duty
Administrative Review; 2020, 87 FR 12084 (March 3, 2022)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Extension of Deadline for Final
Results of Countervailing Duty Administrative Review, 2020,'' dated
June 21, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ See 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); see also Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the
People's Republic of China and India: Countervailing Duty Orders;
Correction, 86 FR 30595 (June 9, 2021).
---------------------------------------------------------------------------
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 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 an 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 a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes for these final results of review.
Methodology
Commerce conducted 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.\5\ For a full description of the methodology underlying
our conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ 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
We made no changes to the methodology for determining a rate for
companies not selected for individual examination from the Preliminary
Results. However, due to changes in calculations for Tube Investments
of India Ltd., the non-selected rate changed for each of the non-
selected companies for which a review was requested and not rescinded,
and which were not selected as mandatory respondents.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
notice.
---------------------------------------------------------------------------
Final Results of Review
We determine the total estimated net countervailable subsidy rates
for the period January 1, 2020, through December 31, 2020, to be as
follows:
---------------------------------------------------------------------------
\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\....................... 5.94
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
KLT Automotive and Tubular Products Limited............. 4.07
Metamorphosis Engitech India Private Limited............ 4.07
Pennar Industries Limited India......................... 4.07
------------------------------------------------------------------------
Disclosure
Commerce will disclose to interested parties the calculations
performed in connection with final results within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final determination in
the Federal Register, in accordance with 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
[[Page 55785]]
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: August 30, 2022.
Lisa W. Wang,
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. Analysis of the Programs
VII. Discussion of the Issues
Comment 1: Whether to Correct for Certain Calculation Errors for
TII
Comment 2: Countervailability of Steel Authority of India Ltd.
(SAIL) for Less Than Adequate Renumeration (LTAR) Program
Comment 3: Whether to Revise the Calculation for the Merchandise
Export from India Scheme (MEIS) for TII
Comment 4: Whether to Countervail Certain Programs Located in a
Special Economic Zone (SEZ)
Comment 5: Whether to Include Deemed Exports in Certain
Denominators
VIII. Recommendation
[FR Doc. 2022-19629 Filed 9-9-22; 8:45 am]
BILLING CODE 3510-DS-P