Welded Stainless Pressure Pipe From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021, 74602-74604 [2022-26449]
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74602
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
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 Case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance. A timeline for the
submission of case and rebuttal briefs
will be provided to interested parties at
a later date. Parties who submit case 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.10 Case and
rebuttal briefs should be filed using
ACCESS 11 and must be served on
interested parties.12 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.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically using
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.14 Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; and (3)
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.15 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
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.
lotter on DSK11XQN23PROD with NOTICES1
Final Results of Review
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
9 See
19 CFR 351.224(b).
19 CFR 351.309(c)(2) and (d)(2).
11 See generally 19 CFR 351.303.
12 See 19 CFR 351.303(f).
13 See Temporary Rule.
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310.
10 See
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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: November 29, 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. Rescission of Administrative Review, in
Part
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2022–26459 Filed 12–5–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–867]
Welded Stainless Pressure Pipe From
India: Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Ratnamani Metals & Tubes
Ltd. (Ratnamani) made sales of subject
merchandise at less than normal value
(NV) in the United States during the
November 1, 2020, through October 31,
2021, period of review (POR). We are
also rescinding this review for
Hindustan Inox, Ltd. (Hindustan Inox)
where timely requests for withdrawal
were filed by the party who requested
its review. We invite interested parties
to comment on these preliminary
results.
DATES: Applicable December 6, 2022.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
AGENCY:
PO 00000
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U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1009.
SUPPLEMENTARY INFORMATION:
Background
On November 17, 2016, Commerce
published the antidumping duty order
in the Federal Register.1 On December
28, 2021, pursuant to section 751(a)(1)
of the Tariff Act of 1930, as amended
(the Act), Commerce initiated an
administrative review of the Order.2 On
July 19, 2022, we extended the deadline
for the preliminary results to November
30, 2022.3
Commerce initiated this
administrative review covering the
following companies: Apex Tubes
Private Ltd.; Apurvi Industries; Arihant
Tubes; Divine Tubes Pvt. Ltd.; Heavy
Metal & Tubes; Hindustan Inox; J.S.S.
Steelitalia Ltd.; Linkwell Seamless
Tubes Private Limited; Maxim Tubes
Company Pvt. Ltd.; MBM Tubes Pvt.
Ltd.; Mukat Tanks & Vessel Ltd.; Neotiss
Ltd.; Prakash Steelage Ltd.; Quality
Stainless Pvt. Ltd.; Raajratna Metal
Industries Ltd.; Ratnadeep Metal &
Tubes Ltd.; Ratnamani; Remi Edelstahl
Tubulars; Shubhlaxmi Metals & Tubes
Private Limited; SLS Tubes Pvt. Ltd.;
and Steamline Industries Ltd.4
On January 25, 2022, we limited the
number of respondents selected for
individual examination in this
administrative review to Hindustan Inox
and Ratnamani.5 We did not select the
remaining companies for individual
examination, and these companies
remain subject to this administrative
review.
Scope of the Order
The products covered by the scope of
the Order are welded stainless pressure
pipe from India. For a complete
description of the scope, see the
Preliminary Decision Memorandum.6
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
1 See Welded Stainless Pressure Pipe from India:
Antidumping and Countervailing Duty Orders, 81
FR 81062 (November 17, 2016) (Order).
2 See Initiation of Antidumping Duty and
Countervailing Duty Administrative Reviews, 86 FR
73734 (December 28, 2021) (Initiation Notice).
3 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results,’’ dated July 19, 2022.
4 See Initiation Notice, 86 FR at 73736.
5 See Memorandum, ‘‘Respondent Selection,’’
dated January 25, 2022.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Recission of the
Administrative Review of the Antidumping Duty
Order on Welded Stainless Pressure Pipe from
India; 2020–2021,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
E:\FR\FM\06DEN1.SGM
06DEN1
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
the Act. Export price was calculated in
accordance with section 772 of the Act.
Normal value was calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included in Appendix
I 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.
lotter on DSK11XQN23PROD with NOTICES1
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
a timely-filed withdrawal request from
Felker Brothers Corporation (the
petitioner), on March 28, 2022,
withdrawing its request for Hindustan
Inox.7 Because the withdrawal request
was timely filed, and no other party
requested a review of the company, in
accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review of
the Order with respect to Hindustan
Inox.
Non-Individually Examined Companies
For the rate for non-selected
companies in an administrative review,
generally, Commerce looks to section
735(c)(5) of the Act, which provides
instructions for calculating the allothers rate in a market economy
investigation. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ We
preliminarily calculated a margin for
Ratnamani that was not zero, de
minimis, or based on facts available.
7 See Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated March
28, 2022.
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17:51 Dec 05, 2022
Jkt 259001
Accordingly, we have preliminarily
applied the margin calculated for
Ratnamani to the non-selected
companies.
Preliminary Results of Review
We preliminarily determine that, for
the period November 1, 2020, through
October 31, 2021, the following
weighted-average dumping margins
exist:
Exporter/producer
Ratnamani Metals & Tubes Ltd ..
Non-Selected Companies 8 ........
Weightedaverage
dumping
margin
(percent)
34.32
34.32
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to parties within five days after the date
of publication of this notice.9
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice.10 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.11 Parties who submit case 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.12 Case and
rebuttal briefs should be filed using
ACCESS.13 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 submit a written request
to the Assistant Secretary for
Enforcement and Compliance within 30
days of the date of publication of this
notice.15 Requests should contain: (1)
the party’s name, address and telephone
number; (2) the number of participants;
and (3) a list of issues parties intend to
discuss. Issues raised in the hearing will
be limited to those raised in the
respective case and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
8 See Appendix II for a full list of companies not
individually examined in this review.
9 See 19 CFR 351.224(b).
10 See 19 CFR 351.309(c)(1)(ii).
11 See 19 CFR 351.309(d)(1).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See 19 CFR 351.303.
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
15 See 19 CFR 351.310(c).
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74603
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case and rebuttal briefs, within 120 days
of publication of these preliminary
results in the Federal Register, pursuant
to section 751(a)(3)(A) of the Act, unless
extended.
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. If the weighted-average
dumping margin for Ratnamani is not
zero or de minimis (i.e., less than 0.50
percent) in the final results of this
review, we will calculate importerspecific ad valorem duty assessment
rates for the merchandise based on the
ratio of the total amount of dumping
calculated for the examined sales made
during the POR to each importer and the
total entered value of those same sales,
in accordance with 19 CFR
351.212(b)(1). Where an importerspecific ad valorem assessment rate is
zero or de minimis in the final results
of review, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties,
in accordance with 19 CFR
351.106(c)(2). If a respondent’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties,
in accordance with the Final
Modification for Reviews, i.e., ‘‘{w}here
the weighted-average margin of
dumping for the exporter is determined
to be zero or de minimis, no
antidumping duties will be assessed.’’ 16
For entries of subject merchandise
during the POR produced by each
respondent for which the producer did
not know its merchandise was destined
for the United States, we will instruct
CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for
the intermediate company (or
16 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
E:\FR\FM\06DEN1.SGM
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74604
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
companies) involved in the
transaction.17
For the companies which were not
individually examined, we intend to
assign an assessment rate based on the
review-specific average rate, calculated
as noted in the ‘‘Preliminary Results of
Review’’ section, above. The final
results of this review shall be the basis
for the assessment of antidumping
duties on entries of merchandise
covered by this review and for future
deposits of estimated duties, where
applicable.18 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).
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
The following deposit requirements
will be effective upon the publication of
the final results of this administrative
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date of the final
results of this administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for each
specific company listed above will be
that established in the final results of
this administrative review, except if the
rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recently completed segment of
this proceeding in which the producer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the
investigation but the producer is, the
cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 8.35 percent.19
These cash deposit requirements, when
17 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
18 See section 751(a)(2)(C) of the Act.
19 See Order, 81 FR at 81063.
VerDate Sep<11>2014
17:51 Dec 05, 2022
Jkt 259001
imposed, shall remain in effect until
further notice.
DEPARTMENT OF COMMERCE
Notification to Importers
National Oceanic and Atmospheric
Administration
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: November 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
List of Companies Not Selected for
Individual Examination
1. Apex Tubes Private Ltd.
2. Apurvi Industries
3. Arihant Tubes
4. Divine Tubes Pvt. Ltd.
5. Heavy Metal & Tubes
6. J.S.S. Steelitalia Ltd.
7. Linkwell Seamless Tubes Private Limited
8. Maxim Tubes Company Pvt. Ltd.
9. MBM Tubes Pvt. Ltd.
10. Mukat Tanks & Vessel Ltd.
11. Neotiss Ltd.
12. Prakash Steelage Ltd.
13. Quality Stainless Pvt. Ltd.
14. Raajratna Metal Industries Ltd.
15. Ratnadeep Metal & Tubes Ltd.
16. Remi Edelstahl Tubulars
17. Shubhlaxmi Metals & Tubes Private
Limited
18. SLS Tubes Pvt. Ltd.
19. Steamline Industries Ltd.
[FR Doc. 2022–26449 Filed 12–5–22; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
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[RTID 0648–XC564]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of Letter of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico,
notification is hereby given that a Letter
of Authorization (LOA) has been issued
to Woodside Energy, L.L.C. (Woodside)
for the take of marine mammals
incidental to geophysical survey activity
in the Gulf of Mexico.
DATES: The LOA is effective from
December 15, 2022, through June 15,
2023.
SUMMARY:
The LOA, LOA request, and
supporting documentation are available
online at: www.fisheries.noaa.gov/
action/incidental-take-authorization-oiland-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems
accessing these documents, please call
the contact listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74602-74604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26449]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867]
Welded Stainless Pressure Pipe From India: Preliminary Results
and Partial Rescission of Antidumping Duty Administrative Review; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Ratnamani Metals & Tubes Ltd. (Ratnamani) made sales of subject
merchandise at less than normal value (NV) in the United States during
the November 1, 2020, through October 31, 2021, period of review (POR).
We are also rescinding this review for Hindustan Inox, Ltd. (Hindustan
Inox) where timely requests for withdrawal were filed by the party who
requested its review. We invite interested parties to comment on these
preliminary results.
DATES: Applicable December 6, 2022.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On November 17, 2016, Commerce published the antidumping duty order
in the Federal Register.\1\ On December 28, 2021, pursuant to section
751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce
initiated an administrative review of the Order.\2\ On July 19, 2022,
we extended the deadline for the preliminary results to November 30,
2022.\3\
---------------------------------------------------------------------------
\1\ See Welded Stainless Pressure Pipe from India: Antidumping
and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016)
(Order).
\2\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 86 FR 73734 (December 28, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for the Preliminary
Results,'' dated July 19, 2022.
---------------------------------------------------------------------------
Commerce initiated this administrative review covering the
following companies: Apex Tubes Private Ltd.; Apurvi Industries;
Arihant Tubes; Divine Tubes Pvt. Ltd.; Heavy Metal & Tubes; Hindustan
Inox; J.S.S. Steelitalia Ltd.; Linkwell Seamless Tubes Private Limited;
Maxim Tubes Company Pvt. Ltd.; MBM Tubes Pvt. Ltd.; Mukat Tanks &
Vessel Ltd.; Neotiss Ltd.; Prakash Steelage Ltd.; Quality Stainless
Pvt. Ltd.; Raajratna Metal Industries Ltd.; Ratnadeep Metal & Tubes
Ltd.; Ratnamani; Remi Edelstahl Tubulars; Shubhlaxmi Metals & Tubes
Private Limited; SLS Tubes Pvt. Ltd.; and Steamline Industries Ltd.\4\
---------------------------------------------------------------------------
\4\ See Initiation Notice, 86 FR at 73736.
---------------------------------------------------------------------------
On January 25, 2022, we limited the number of respondents selected
for individual examination in this administrative review to Hindustan
Inox and Ratnamani.\5\ We did not select the remaining companies for
individual examination, and these companies remain subject to this
administrative review.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Respondent Selection,'' dated January 25,
2022.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the scope of the Order are welded stainless
pressure pipe from India. For a complete description of the scope, see
the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Recission of the Administrative Review of the
Antidumping Duty Order on Welded Stainless Pressure Pipe from India;
2020-2021,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of
[[Page 74603]]
the Act. Export price was calculated in accordance with section 772 of
the Act. Normal value was calculated in accordance with section 773 of
the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included in Appendix
I 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.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Felker Brothers Corporation (the
petitioner), on March 28, 2022, withdrawing its request for Hindustan
Inox.\7\ Because the withdrawal request was timely filed, and no other
party requested a review of the company, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to Hindustan Inox.
---------------------------------------------------------------------------
\7\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated March 28, 2022.
---------------------------------------------------------------------------
Non-Individually Examined Companies
For the rate for non-selected companies in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' We preliminarily calculated a margin
for Ratnamani that was not zero, de minimis, or based on facts
available. Accordingly, we have preliminarily applied the margin
calculated for Ratnamani to the non-selected companies.
Preliminary Results of Review
We preliminarily determine that, for the period November 1, 2020,
through October 31, 2021, the following weighted-average dumping
margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Ratnamani Metals & Tubes Ltd................................ 34.32
Non-Selected Companies \8\.................................. 34.32
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\8\ See Appendix II for a full list of companies not
individually examined in this review.
---------------------------------------------------------------------------
We intend to disclose the calculations performed for these
preliminary results to parties within five days after the date of
publication of this notice.\9\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice.\10\ 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.\11\ Parties who submit case 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.\12\ Case and rebuttal briefs should be filed
using ACCESS.\13\ Note that Commerce has temporarily modified certain
of its requirements for serving documents containing business
proprietary information, until further notice.\14\
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\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of the date of publication of this
notice.\15\ Requests should contain: (1) the party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\15\ See 19 CFR 351.310(c).
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Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case and rebuttal briefs, within 120 days
of publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act, unless extended.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If the weighted-average
dumping margin for Ratnamani is not zero or de minimis (i.e., less than
0.50 percent) in the final results of this review, we will calculate
importer-specific ad valorem duty assessment rates for the merchandise
based on the ratio of the total amount of dumping calculated for the
examined sales made during the POR to each importer and the total
entered value of those same sales, in accordance with 19 CFR
351.212(b)(1). Where an importer-specific ad valorem assessment rate is
zero or de minimis in the final results of review, we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties, in accordance with 19 CFR 351.106(c)(2). If a respondent's
weighted-average dumping margin is zero or de minimis in the final
results of review, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties, in accordance with the
Final Modification for Reviews, i.e., ``{w{time} here the weighted-
average margin of dumping for the exporter is determined to be zero or
de minimis, no antidumping duties will be assessed.'' \16\ For entries
of subject merchandise during the POR produced by each respondent for
which the producer did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate company
(or
[[Page 74604]]
companies) involved in the transaction.\17\
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\16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not individually examined, we intend
to assign an assessment rate based on the review-specific average rate,
calculated as noted in the ``Preliminary Results of Review'' section,
above. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review and for future deposits of estimated duties, where
applicable.\18\ 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).
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\18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following deposit requirements will be effective upon the
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for each specific
company listed above will be that established in the final results of
this administrative review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the producer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the investigation but
the producer is, the cash deposit rate will be the rate established for
the most recently completed segment of this proceeding for the producer
of the merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be the all-others rate of 8.35
percent.\19\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order, 81 FR at 81063.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: November 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Apex Tubes Private Ltd.
2. Apurvi Industries
3. Arihant Tubes
4. Divine Tubes Pvt. Ltd.
5. Heavy Metal & Tubes
6. J.S.S. Steelitalia Ltd.
7. Linkwell Seamless Tubes Private Limited
8. Maxim Tubes Company Pvt. Ltd.
9. MBM Tubes Pvt. Ltd.
10. Mukat Tanks & Vessel Ltd.
11. Neotiss Ltd.
12. Prakash Steelage Ltd.
13. Quality Stainless Pvt. Ltd.
14. Raajratna Metal Industries Ltd.
15. Ratnadeep Metal & Tubes Ltd.
16. Remi Edelstahl Tubulars
17. Shubhlaxmi Metals & Tubes Private Limited
18. SLS Tubes Pvt. Ltd.
19. Steamline Industries Ltd.
[FR Doc. 2022-26449 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-DS-P
