Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Countervailing Duty Administrative Review; 2021, 14143-14145 [2023-04567]
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
16. Omni One, Co., Limited
17. Putian Yihong Wood Industry Co., Ltd.
18. Raoping HongRong Handicrafts, Co., Ltd.
19. Shandong Miting Household Co., Ltd.
20. Shaxian Hengtong Wood Industry Co.,
Ltd
21. Shaxian Shiyiwood, Ltd
22. Shenzhen Xinjintai Industrial Co., Ltd.
23. Shuyang Kevin International Co., Ltd
24. Sun Valley Shade Co., Ltd.
25. Suqian Sulu Import & Export Trading Co.,
Ltd
26. Tim Feng Manufacturing Co., Ltd.
27. Wuxi Boda Bamboo & Wood Industrial
Co., Ltd.
28. Zhangzhou Wangjiamei Industry & Trade
Co., Ltd.
29. Zhangzhou Yihong Industrial Co., Ltd.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix III—Companies for Which
the Review Is Rescinded
1. Anji Golden Elephant Bamboo Wooden
Industry Co., Ltd
2. Cao County Hengda Wood Products Co.,
Ltd
3. Evermark (Yantai) Co., Ltd
4. Fujian Nanping Yuanqiao Wood Industry
Co., Ltd
5. Fujian Province Youxi County Chang
Sheng Wood Machining Co., Ltd
6. Fujian Ruisen International Industrial Co.,
Ltd
7. Heze Huasheng Wooden Co., Ltd
8. Huaan Longda Wood Industry Co., Ltd
9. Lanzhou Xinyoulian Industrial Co., Ltd
10. Lianyungang Tianke New Energy
Technology Co., Ltd
11. Nanping Qiangmei Import & Export Co.,
Ltd
12. Oppein Home Group Inc
13. Pucheng County Qiangmei Wood
Company, Ltd
14. Qimen Jianxing Bamboo and Wood Goods
Co., Ltd
15. Qingdao Sanhe Dacheng International
Trade Co., Ltd
16. Rizhao Duli Trade Co., Ltd
17. Rizhao Forest International Trading Co.,
Ltd.
18. Rizhao Guantong Woodworking Co., Ltd
19. Rizhao Jiayue Industry & Trading Co., Ltd
20. Sanming Lingtong Trading Co., Ltd/
Sanming Lintong Trading Co., Ltd
21. Sanming Shitong Wood Industry Co., Ltd
22. Shandong Jicheng Decorative Material
Co., Ltd
23. Shouguang Luli Wood Industry Co., Ltd.
24. Shuyang Zhongding Decoration Materials
Co., Ltd
25. The Ancientree Cabinet Co., Ltd
26. Xiamen Oubai Industry & Trade Co., Ltd
27. Xuzhou Goodwill Resource Co., Ltd
28. Xuzhou Hexi Wood Co., Ltd
29. Yongan Tenlong Bamboo & Wood
Products Co., Ltd
30. Zhangping San Chuan Industrial & Trade
Co., Ltd
31. Zhangzhou Fukangyuan Industry and
Trade Co., Ltd
32. Zhangzhou City Jinxi Building Material
Co., Ltd
33. Zhejiang Senya Board Industry Co., Ltd
[FR Doc. 2023–04609 Filed 3–6–23; 8:45 am]
BILLING CODE 3510–DS–P
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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; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds 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, 2021, through December 31,
2021. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Eliza DeLong 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.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2018, Commerce
published the countervailing duty order
on cold-drawn mechanical tubing from
India.1 On February 8, 2022, Commerce
published a notice of initiation of an
administrative review of the Order.2 On
October 6, 2022, Commerce extended
the time period for issuing these
preliminary results by 120 days, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), to no later than February 28,
2023.3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
1 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).
2 See Initiation and Countervailing Duty
Administrative Reviews, 87 FR 21619 (April 12,
2022).
3 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,
2021,’’ dated October 6, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review: Certain Cold-Drawn
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14143
discussed in the Preliminary Decision
Memorandum is included as 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.5
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
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
Mechanical Tubing of Carbon and Alloy Steel from
India; 2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary 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.
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
in reaching the preliminary results
within five days of the date of
publication of these preliminary results
in accordance with 19 CFR 351.224(b).10
A timeline for the submission of case
and rebuttal briefs and written
comments will be provided to interested
parties at a later date. 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
Preliminary Results of Review
the issues to be discussed. Issues raised
For the period January 1, 2021,
in the hearing will be limited to those
through December 31, 2021, we
raised in the respective case and
preliminarily find that the following net rebuttal briefs.16 If a request for a
subsidy rates exist:
hearing is made, Commerce intends to
hold the hearing at a time and date to
Subsidy rate
be determined. Parties should confirm
Company
(percent ad
the date and time of the hearing two
valorem)
days before the scheduled date. Parties
Goodluck India Limited 8 .......
3.53 are reminded that all briefs and hearing
Tube Investments of India
requests must be filed electronically
Ltd 9 ...................................
3.97 using ACCESS and received
successfully in their entirety by 5:00
Review-Specific Average Rate
p.m. Eastern Time on the due date.
Applicable to the Following
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 respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available.6 We preliminarily determine
that Goodluck India Limited (Goodluck)
and Tube Investments of India Ltd. (TII)
received countervailable 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.7 The
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, are Lal Baba Seamless
Tubes Pvt. Ltd. and Metamorphosis
Engitech India Pvt. Ltd.
Verification
As provided in section 782(i)(3) of the
3.79
Act, Commerce intends to verify the
3.79 information relied upon here in advance
of the final results of this review.
Lal Baba Seamless Tubes
Pvt. Ltd ..............................
Metamorphosis Engitech
India Pvt. Ltd .....................
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
6 See, e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386, 37387 (June
29, 2010).
7 See Memorandum, ‘‘Calculation of Subsidy Rate
for Non-Selected Companies Under Review,’’ dated
concurrently with this memorandum.
8 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.
9 Tube Investments of India Ltd. is also known as
Tube Investments of India Limited.
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19:49 Mar 06, 2023
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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
10 See
19 CFR 351.224(b).
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 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).
16 See 19 CFR 351.310.
11 See
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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
shown for each of the companies listed
above 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 administrative review,
except where the rate calculated in the
final results is zero or de minimis, no
cash deposit will be required. 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 allothers rate applicable to the company,
as appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
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 28, 2023.
Abdelali Elouaradia,
Deputy 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
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
IV. Period of Review
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and
Application of Adverse Inferences
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023–04567 Filed 3–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
NIST Safety Commission
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The National Institute of
Standards and Technology (NIST)
Safety Commission (Commission) will
meet on March 9, 2023, from 8:30 a.m.
to 5 p.m. Mountain Time and March 10,
2023, from 8:30 a.m. to 5 p.m. Mountain
Time. The purpose of this meeting is for
the Commission to continue its
assessment of the state of NIST’s safety
culture and how effectively the existing
safety protocols and policies have been
implemented across NIST. The agenda
may change to accommodate
Commission business. The final agenda
will be posted on the NIST website at
https://www.nist.gov/director/nistsafety-commission/march-9-10-nistsafety-commission-meeting-agenda.
DATES: The Commission will meet on
March 9, 2023, from 8:30 a.m. to 5 p.m.
Mountain Time and March 10, 2023,
from 8:30 a.m. to 5 p.m. Mountain Time.
ADDRESSES: The meeting will be held at
the National Institute of Standards and
Technology, 325 Broadway, Boulder,
CO 80305 for the NIST Safety
Commission members and NIST Senior
Leadership with an option to participate
via webinar for NIST staff and public
participants. Please note admittance
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Corrine Lloyd, Special Programs Office,
National Institute of Standards and
Technology, at 301–975–8762 or
corrine.lloyd@nist.gov.
SUPPLEMENTARY INFORMATION:
Authority: 15 U.S.C. 1512 and the
Federal Advisory Committee Act, 5
U.S.C. 1001 et seq.
Pursuant to the Federal Advisory
Committee Act, 5 U.S.C. 1001 et seq.,
notice is hereby given that the NIST
Safety Commission will meet on March
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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9, 2023, from 8:30 a.m. to 5 p.m.
Mountain Time and March 10, 2023,
from 8:30 a.m. to 5 p.m. Mountain Time.
The meeting will be open to the public.
Members of the Commission are
appointed by the Director of NIST. The
Commission is composed of not more
than seven members who are qualified
to provide advice to the NIST Director
on matters relating to safety policies;
safety management system, practices,
and performance; and safety culture.
The primary purpose of this meeting is
for the Commission to continue its
assessment of the state of NIST’s safety
culture and how effectively the existing
safety protocols and policies have been
implemented across NIST. The agenda
may change to accommodate
Commission business. The final agenda
will be posted on the NIST website at
https://www.nist.gov/director/nistsafety-commission/march-9-10-nistsafety-commission-meeting-agenda.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Commission’s business are invited to
request a place on the agenda.
Approximately 15 minutes will be
reserved for public comments and
speaking times will be assigned on a
first come, first-serve basis. The amount
of time per speaker will be determined
by the number of requests received but
is likely to be about three minutes each.
Questions from the public will not be
considered during this period. Requests
must be submitted by email to Corrine
Lloyd at corrine.lloyd@nist.gov and
must be received by 4 p.m. Eastern
Time, March 7, 2023 to be considered.
Speakers who wish to expand upon
their oral statements, those who had
wished to speak but could not be
accommodated on the agenda, and those
who were unable to participate are
invited to submit written statements by
email to corrine.lloyd@nist.gov.
All NIST staff and public participants
will be attending via webinar and must
register at: https://events.nist.gov/
profile/form/index.cfm?PKformID=
0x18963abcd by 4:00 p.m. Eastern Time,
March 7, 2023 for detailed instructions
on how to join the webinar. Any
questions regarding registration may be
directed to Corrine Lloyd at
corrine.lloyd@nist.gov.
Pursuant to 41 CFR 102–3.150(b), the
Federal Register notice for this meeting
is being published fewer than 15
calendar days prior to the meeting as
exceptional circumstances exist. It is
imperative that the meeting be held on
March 9–10, 2023, to accommodate the
tight working timeline of the
Commission as set forth in its charter.
Specifically, the charter requires the
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14145
Commission to provide an oral briefing
of its preliminary findings to the NIST
Director within 75 days of beginning its
activities, and written findings within
150 days of beginning its activities. The
Commission intends to present its
preliminary findings to NIST leadership
at this meeting. Postponing this meeting
would result in an unacceptable delay
in the Commission’s ability to report the
findings and observations from the work
of the Commission’s three
subcommittees, collect additional
information from NIST staff at the
Boulder campus, and to develop its final
recommendations for NIST leadership,
until well into the fall. The Federal
Register notice could not be published
previously due to logistical
requirements needed to accommodate
the timing requirement of the meeting,
including unanticipated additional time
required for completion of the work of
the Commission’s three subcommittees
that will be reporting out at the meeting,
and unanticipated additional time
required to confirm availability of a
representative of a third-party contractor
to present on the results of the 2023
NIST Safety Culture Survey it
conducted.
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2023–04590 Filed 3–6–23; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC742]
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Approved Monitoring Service
Providers
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of approved Northeast
multispecies at-sea and electronic
monitoring service providers for fishing
year 2023.
AGENCY:
NMFS has approved nine
companies to provide Northeast
multispecies sector at-sea catch
monitoring and/or electronic catch
monitoring services in fishing year
2023. Regulations implementing the
Northeast Multispecies Fishery
Management Plan require at-sea catch
monitoring and electronic catch
monitoring companies to be approved
SUMMARY:
E:\FR\FM\07MRN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14143-14145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04567]
-----------------------------------------------------------------------
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; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
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, 2021, through December 31, 2021. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT: Eliza DeLong 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 February 1, 2018, Commerce published the countervailing duty
order on cold-drawn mechanical tubing from India.\1\ On February 8,
2022, Commerce published a notice of initiation of an administrative
review of the Order.\2\ On October 6, 2022, Commerce extended the time
period for issuing these preliminary results by 120 days, in accordance
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), to no later than February 28, 2023.\3\
---------------------------------------------------------------------------
\1\ 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).
\2\ See Initiation and Countervailing Duty Administrative
Reviews, 87 FR 21619 (April 12, 2022).
\3\ 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,
2021,'' dated October 6, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included as 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.
---------------------------------------------------------------------------
\4\ 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;
2021,'' 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.\5\ For a full description of the
methodology underlying our conclusions, see the Preliminary 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
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
[[Page 14144]]
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 respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\6\ We preliminarily determine that Goodluck India Limited
(Goodluck) and Tube Investments of India Ltd. (TII) received
countervailable 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.\7\ The 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, are
Lal Baba Seamless Tubes Pvt. Ltd. and Metamorphosis Engitech India Pvt.
Ltd.
---------------------------------------------------------------------------
\6\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this
memorandum.
---------------------------------------------------------------------------
Preliminary Results of Review
For the period January 1, 2021, through December 31, 2021, we
preliminarily find that the following net subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Goodluck India Limited \8\.............................. 3.53
Tube Investments of India Ltd \9\....................... 3.97
------------------------------------------------------------------------
Review-Specific Average Rate
Applicable to the Following
------------------------------------------------------------------------
Lal Baba Seamless Tubes Pvt. Ltd........................ 3.79
Metamorphosis Engitech India Pvt. Ltd................... 3.79
------------------------------------------------------------------------
Disclosure and Public Comment
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\8\ 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.
\9\ Tube Investments of India Ltd. is also known as Tube
Investments of India Limited.
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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 in accordance with 19
CFR 351.224(b).\10\
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\10\ See 19 CFR 351.224(b).
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A timeline for the submission of case and rebuttal briefs and
written comments will be provided to interested parties at a later
date. 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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\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 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 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 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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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon here in advance of the final results
of this review.
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 shown for each of the companies listed above 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 administrative review, except where the rate calculated
in the final results is zero or de minimis, no cash deposit will be
required. 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.
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 28, 2023.
Abdelali Elouaradia,
Deputy 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
[[Page 14145]]
IV. Period of Review
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and Application of Adverse
Inferences
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-04567 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P
