Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the People's Republic of China, the Federal Republic of Germany, India, Italy, the Republic of Korea, and Switzerland: Final Results of the Expedited First Sunset Review of the Antidumping Duty Orders, 16587-16589 [2023-05619]
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Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices
end of the meeting. Members of the
public may also submit written
comments; the comments must be
received in the Regional Programs Unit
within 30 days following the meeting.
Written comments may be emailed to
Brooke Peery (DFO) at bpeery@
usccr.gov.
Records and documents discussed
during the meeting will be available for
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meeting at https://
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FACAPublicViewCommittee
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Please click on the ‘‘Meeting Details’’
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of this Committee are directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
Regional Programs Unit at the above
email or street address.
Agenda
I. Welcome & Roll Call
II. Committee Discussion
III. Public Comment
IV. Adjournment
Dated: March 15, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–05653 Filed 3–17–23; 8:45 am]
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AGENCY:
ACTION:
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FOR FURTHER INFORMATION CONTACT:
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lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
Dated: March 15, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–05652 Filed 3–17–23; 8:45 am]
BILLING CODE 6335–01–P
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17:19 Mar 17, 2023
Jkt 259001
16587
Commerce of their intent to participate
within the 15-day period specified in 19
International Trade Administration
CFR 351.218(d)(1)(i).3 The domestic
interested
parties claimed interested
[A–570–058, A–428–845, A–533–873, A–475–
party status under section 771(9)(C) of
838, A–580–892, A–441–801]
the Act as producers of domestic like
Certain Cold-Drawn Mechanical Tubing product in the United States.
of Carbon and Alloy Steel From the
On February 1, 2023, Commerce
People’s Republic of China, the
received
complete substantive responses
Federal Republic of Germany, India,
to the Notice of Initiation with respect
Italy, the Republic of Korea, and
to the Orders from the domestic
Switzerland: Final Results of the
interested parties within the 30-day
Expedited First Sunset Review of the
period specified in 19 CFR
Antidumping Duty Orders
351.218(d)(3)(i).4 Commerce did not
AGENCY: Enforcement and Compliance,
receive a substantive response from any
International Trade Administration,
other interested parties with respect to
Department of Commerce.
the Orders covered by these sunset
SUMMARY: As a result of these expedited
reviews. On February 24, 2023,
sunset reviews, the U.S. Department of
Commerce notified the U.S.
Commerce (Commerce) finds that
International Trade Commission that it
revocation of the antidumping duty
did not receive an adequate substantive
(AD) orders on certain cold-drawn
response from respondent interested
mechanical tubing of carbon and alloy
steel from the People’s Republic of
3 See Domestic Interested Parties’ Letters, ‘‘FiveChina (China), the Federal Republic of
Year (‘‘Sunset’’) Review of Antidumping Duty
Germany (Germany), India, Italy, the
Order on Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from China—Notice of
Republic of Korea (Korea), and
Intent to Participate,’’ dated January 17, 2023;
Switzerland would be likely to lead to
‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Duty
continuation or recurrence of dumping
Order on Certain Cold-Drawn Mechanical Tubing of
at the levels indicated in the ‘‘Final
Carbon and Alloy Steel from Germany—Notice of
Results of Reviews’’ section of this
Intent to Participate,’’ dated January 18, 2023;
‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Duty
notice.
Order on Certain Cold-Drawn Mechanical Tubing of
DATES: Applicable March 20, 2023.
Carbon and Alloy Steel From India—Notice of
Intent to Participate,’’ dated January 17, 2023;
FOR FURTHER INFORMATION CONTACT:
‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Duty
Whitley Herndon, AD/CVD Operations,
Order on Certain Cold-Drawn Mechanical Tubing of
Office V, Enforcement and Compliance, Carbon and Alloy Steel from Italy—Notice of Intent
International Trade Administration,
to Participate,’’ dated January 17, 2023; ‘‘Five-Year
(‘‘Sunset’’) Review of Antidumping Duty Order on
U.S. Department of Commerce, 1401
Certain Cold-Drawn Mechanical Tubing of Carbon
Constitution Avenue NW, Washington,
and Alloy Steel From Korea—Notice of Intent to
DC 20230; telephone: (202) 482–6274.
Participate,’’ dated January 18, 2023; and ‘‘FiveSUPPLEMENTARY INFORMATION:
Year (‘‘Sunset’’) Review of Antidumping Duty
DEPARTMENT OF COMMERCE
Background
On January 3, 2023, Commerce
published the notice of initiation of the
sunset review of the AD orders on
certain cold-drawn mechanical tubing of
carbon and alloy steel from China,
Germany, India, Italy, Korea, and
Switzerland 1 pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(the Act).2
On January 17, 2023, ArcelorMittal
Tubular Products, Michigan Seamless
Tube, LLC, PTC Alliance Corp., Webco
Industries, Inc., and Zekelman
Industries, Inc. (collectively, the
domestic interested parties) notified
1 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People’s Republic
of China, the Federal Republic of Germany, India,
Italy, the Republic of Korea, and Switzerland:
Antidumping Duty Orders; and Amended Final
Determinations of Sales at Less Than Fair Value for
the People’s Republic of China and Switzerland, 83
FR 26962 (June 11, 2018) (Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 63 (January 3, 2023) (Notice of Initiation).
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Order on Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from Switzerland—Notice
of Intent to Participate,’’ dated January 18, 2023
(collectively, Notices of Intent to Participate).
4 See Domestic Interested Parties’ Letters, ‘‘First
Sunset Review of the Antidumping Duty Order on
Certain Cold-Drawn Mechanical Tubing of Carbon
and Alloy Steel from the People’s Republic of
China: Substantive Response to Notice of
Initiation,’’ dated February 1, 2023; ‘‘First Sunset
Review of the Antidumping Duty Order on Certain
Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from the Federal Republic of Germany:
Substantive Response to Notice of Initiation,’’ dated
February 2, 2023; ‘‘First Sunset Review of the
Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India: Substantive Response to Notice of Initiation,’’
dated February 1, 2023; ‘‘First Sunset Review of the
Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
Italy: Substantive Response to Notice of Initiation,’’
dated February 1, 2023; ‘‘First Sunset Review of the
Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
the Republic of Korea: Substantive Response to
Notice of Initiation,’’ dated February 2, 2023; and
‘‘First Sunset Review of the Antidumping Duty
Order on Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from Switzerland:
Substantive Response to Notice of Initiation,’’ dated
February 1, 2023.
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Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices
parties in any of these sunset reviews.5
As a result, pursuant to section
751(c)(3)(8) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset
reviews of the Orders.
Scope of the Orders
The scope of the Orders is certain
cold-drawn mechanical tubing of carbon
and alloy steel from China, Germany,
India, Italy, Korea, and Switzerland. For
a complete description of the scope of
the Orders, see Appendix II to this
notice.
Analysis of Comments Received
A complete discussion of all issues
raised in these sunset reviews is
provided in the accompanying Issues
and Decision Memorandum.6 A list of
the issues discussed in the Issues and
Decision Memorandum is attached at
Appendix I 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 at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would likely lead to a continuation or
recurrence of dumping and that the
magnitude of the dumping margins
likely to prevail would be weightedaverage margins up to 186.89 percent for
China, up to 209.06 percent for
Germany, up to 33.80 percent for India,
up to 68.95 percent for Italy, up to 48.00
percent for Korea, and up to 30.48
percent for Switzerland.
lotter on DSK11XQN23PROD with NOTICES1
Administrative Protective Orders
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
5 See Commerce’s Letter, ‘‘Sunset Reviews for
January 2023,’’ dated February 24, 2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Reviews of the Antidumping Duty
Orders on Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel from the People’s
Republic of China, the Federal Republic of
Germany, India, Italy, the Republic of Korea, and
Switzerland,’’ dated concurrently with, and hereby
adopted by, this notice.
VerDate Sep<11>2014
17:19 Mar 17, 2023
Jkt 259001
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing the
results in accordance with sections
751(c), 752(c), and 771(i)(1) of the Act
and 19 CFR 351.218.
Dated: March 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. History of the Orders
IV. Legal Framework
V. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins of Dumping
Likely To Prevail
VI. Final Results of Sunset Reviews
VII. Recommendation
Appendix II
Scope of the Orders
The products covered by these orders are
cold-drawn mechanical tubing of carbon and
alloy steel (cold-drawn mechanical tubing) of
circular cross-section, 304.8 mm or more in
length, in actual outside diameters less than
331mm, and regardless of wall thickness,
surface finish, end finish or industry
specification. The subject cold-drawn
mechanical tubing is a tubular product with
a circular cross-sectional shape that has been
cold-drawn or otherwise cold-finished after
the initial tube formation in a manner that
involves a change in the diameter or wall
thickness of the tubing, or both. The subject
cold-drawn mechanical tubing may be
produced from either welded (e.g., electric
resistance welded, continuous welded, etc.)
or seamless (e.g., pierced, pilgered or
extruded, etc.) carbon or alloy steel tubular
products. It may also be heat treated after
cold working. Such heat treatments may
include, but are not limited to, annealing,
normalizing, quenching and tempering, stress
relieving or finish annealing. Typical colddrawing methods for subject merchandise
include, but are not limited to, drawing over
mandrel, rod drawing, plug drawing, sink
drawing and similar processes that involve
reducing the outside diameter of the tubing
with a die or similar device, whether or not
controlling the inside diameter of the tubing
with an internal support device such as a
mandrel, rod, plug or similar device. Other
cold-finishing operations that may be used to
produce subject merchandise include coldrolling and cold-sizing the tubing.
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Subject cold-drawn mechanical tubing is
typically certified to meet industry
specifications for cold-drawn tubing
including but not limited to:
(1) American Society for Testing and
Materials (ASTM) or American Society of
Mechanical Engineers (ASME) specifications
ASTM A–512, ASTM A–513 Type 3 (ASME
SA513 Type 3), ASTM A–513 Type 4 (ASME
SA513 Type 4), ASTM A–513 Type 5 (ASME
SA513 Type 5), ASTM A–513 Type 6 (ASME
SA513 Type 6), ASTM A–519 (cold-finished);
(2) SAE International (Society of
Automotive Engineers) specifications SAE
J524, SAE J525, SAE J2833, SAE J2614, SAE
J2467, SAE J2435, SAE J2613;
(3) Aerospace Material Specification (AMS)
AMS T–6736 (AMS 6736), AMS 6371, AMS
5050, AMS 5075, AMS 5062, AMS 6360,
AMS 6361, AMS 6362, AMS 6371, AMS
6372, AMS 6374, AMS 6381, AMS 6415;
(4) United States Military Standards (MIL)
MIL–T–5066 and MIL–T–6736;
(5) foreign standards equivalent to one of
the previously listed ASTM, ASME, SAE,
AMS or MIL specifications including but not
limited to:
(a) German Institute for Standardization
(DIN) specifications DIN 2391–2, DIN 2393–
2, DIN 2394–2);
(b) European Standards (EN) EN 10305–1,
EN 10305–2, EN 10305–4, EN 10305–6 and
European national variations on those
standards (e.g., British Standard (BS EN),
Irish Standard (IS EN) and German Standard
(DIN EN) variations, etc.);
(c) Japanese Industrial Standard (JIS) JIS G
3441 and JIS G 3445; and
(6) proprietary standards that are based on
one of the above-listed standards.
The subject cold-drawn mechanical tubing
may also be dual or multiple certified to
more than one standard. Pipe that is multiple
certified as cold-drawn mechanical tubing
and to other specifications not covered by
this scope, is also covered by the scope of
these orders when it meets the physical
description set forth above.
Steel products included in the scope of
these orders are products in which: (1) Iron
predominates, by weight, over each of the
other contained elements; and (2) the carbon
content is 2 percent or less by weight.
For purposes of this scope, the place of
cold-drawing determines the country of
origin of the subject merchandise. Subject
merchandise that is subject to minor working
in a third country that occurs after drawing
in one of the subject countries including, but
not limited to, heat treatment, cutting to
length, straightening, nondestruction testing,
deburring or chamfering, remains within the
scope of these orders.
All products that meet the written physical
description are within the scope of these
orders unless specifically excluded or
covered by the scope of an existing order.
Merchandise that meets the physical
description of cold-drawn mechanical tubing
above is within the scope of these orders
even if it is also dual or multiple certified to
an otherwise excluded specification listed
below. The following products are outside of,
and/or specifically excluded from, the scope
of these orders:
(1) Cold-drawn stainless steel tubing,
containing 10.5 percent or more of chromium
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Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices
by weight and not more than 1.2 percent of
carbon by weight;
(2) products certified to one or more of the
ASTM, ASME or American Petroleum
Institute (API) specifications listed below:
ASTM A–53;
ASTM A–106;
ASTM A–179 (ASME SA 179);
ASTM A–192 (ASME SA 192);
ASTM A–209 (ASME SA 209);
ASTM A–210 (ASME SA 210);
ASTM A–213 (ASME SA 213);
ASTM A–334 (ASME SA 334);
ASTM A–423 (ASME SA 423);
ASTM A–498;
ASTM A–496 (ASME SA 496);
ASTM A–199;
ASTM A–500;
ASTM A–556;
ASTM A–565;
API 5L; and
API 5CT
except that any cold-drawn tubing product
certified to one of the above excluded
specifications will not be excluded from the
scope if it is also dual- or multiple-certified
to any other specification that otherwise
would fall within the scope of these orders.
The products subject to these orders are
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
item numbers: 7304.31.3000, 7304.31.6050,
7304.51.1000, 7304.51.5005, 7304.51.5060,
7306.30.5015, 7306.30.5020, 7306.50.5030.
Subject merchandise may also enter under
numbers 7306.30.1000 and 7306.50.1000.
The HTSUS subheadings above are provided
for convenience and customs purposes only.
The written description of the scope of these
orders are dispositive.
[FR Doc. 2023–05619 Filed 3–17–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–073]
Common Alloy Aluminum Sheet From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) continues to
determine that Alcha International
Holdings Limited (Alcha International),
Jiangsu Alcha Aluminum Group Co.,
Ltd (Jiangsu Alcha), and Baotou Alcha
Aluminum Co., Ltd. (Batou Alcha)
(collectively, Alcha), the only entity
subject to this administrative review of
the antidumping duty (AD) order on
common alloy aluminum sheet
(aluminum sheet) from the People’s
Republic of China (China), is part of the
China-wide entity. The period of review
(POR) is February 1, 2021, through
January 31, 2022.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
17:19 Mar 17, 2023
Jkt 259001
DATES:
Applicable March 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Frank Schmitt, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4880.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary
results of this administrative review on
November 16, 2022.1 We invited
interested parties to comment on the
Preliminary Results.2 No party
submitted comments. Accordingly, the
final results are unchanged from the
Preliminary Results. Commerce
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 3
The merchandise covered by the
Order is common alloy aluminum sheet
from China. For a full description of the
scope of the Order, see the Preliminary
Results.4
Final Results of Administrative Review
We received no comments
concerning, and we have made no
changes to, the Preliminary Results. We
continue to find that Alcha,5 the only
1 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Partial Recission of Antidumping Administrative
Review; 2021–2022, 87 FR 68677 (November 16,
2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 Id., 87 FR at 68678–79.
3 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Antidumping Duty
Order, 84 FR 2813 (February 8, 2019) (Order).
4 See Preliminary Results PDM at 3.
5 Commerce previously determined that the
following companies should be treated as a single
entity: Alcha International); Jiangsu Alcha; and
Baotou Alcha. Additionally, Commerce previously
determined that Jiangsu Alcha Aluminum Group
Co., Ltd is the successor-in-interest to Jiangsu
Alcha. See Common Alloy Aluminum Sheet from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, Final
Successor-In-Interest Determination, and Final
Determination of No Shipments; 2018–2020, 86 FR
74066, 74067 (December 29, 2021), unchanged in
Common Alloy Aluminum Sheet from the People’s
Republic of China: Amended Final Results of
Antidumping Duty Administrative Review, 2018–
2020, 87 FR 6504 (February 4, 2022); see also
Common Alloy Aluminum Sheet from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2020–2021, 87 FR
54975 (September 8, 2022), as corrected by
Common Alloy Aluminum Sheet from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2020–2021;
Correction, 87 FR 59059 (September 29, 2022).
Accordingly, we are treating the single entity of
Alcha International, Jiangsu Alcha, and Baotou
Alcha (collectively, Alcha) as the companies under
review in this proceeding.
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16589
entity subject to this review, did not
demonstrate its eligibility for a separate
rate. Therefore, for these final results,
we determine that Alcha is part of the
China-wide entity.
Because no party requested a review
of the China-wide entity, and we did not
self-initiate a review, the China-wide
entity rate (i.e., 59.72 percent) 6 is not
subject to change as a result of this
review.
Assessment Rates
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review in accordance with section
751(a)(2)(C) of the Act. For Alcha, we
will instruct CBP to apply the Chinawide rate of 59.72 percent to all entries
of subject merchandise during the POR.
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
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice, as
provided by section 751(a)(2)(C) of the
Act: (1) for previously investigated or
reviewed Chinese and non-Chinese
exporters that are not under review in
this segment of the proceeding but have
separate rates, the cash deposit rate will
continue to be the exporter’s existing
cash deposit rate; (2) for all Chinese
exporters of subject merchandise that do
not have a separate rate, including
Alcha, the cash deposit rate will be the
China-wide rate of 59.72 percent; and
(3) for all non-Chinese exporters of
subject merchandise that do not have a
separate rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter(s) that supplied the nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
6 See
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Order.
20MRN1
]]>Agencies
[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16587-16589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05619]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-058, A-428-845, A-533-873, A-475-838, A-580-892, A-441-801]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From the People's Republic of China, the Federal Republic of Germany,
India, Italy, the Republic of Korea, and Switzerland: Final Results of
the Expedited First Sunset Review of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) orders on certain cold-drawn mechanical tubing of
carbon and alloy steel from the People's Republic of China (China), the
Federal Republic of Germany (Germany), India, Italy, the Republic of
Korea (Korea), and Switzerland would be likely to lead to continuation
or recurrence of dumping at the levels indicated in the ``Final Results
of Reviews'' section of this notice.
DATES: Applicable March 20, 2023.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, 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) 482-6274.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2023, Commerce published the notice of initiation of
the sunset review of the AD orders on certain cold-drawn mechanical
tubing of carbon and alloy steel from China, Germany, India, Italy,
Korea, and Switzerland \1\ pursuant to section 751(c) of the Tariff Act
of 1930, as amended (the Act).\2\
---------------------------------------------------------------------------
\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from the People's Republic of China, the Federal Republic of
Germany, India, Italy, the Republic of Korea, and Switzerland:
Antidumping Duty Orders; and Amended Final Determinations of Sales
at Less Than Fair Value for the People's Republic of China and
Switzerland, 83 FR 26962 (June 11, 2018) (Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 63
(January 3, 2023) (Notice of Initiation).
---------------------------------------------------------------------------
On January 17, 2023, ArcelorMittal Tubular Products, Michigan
Seamless Tube, LLC, PTC Alliance Corp., Webco Industries, Inc., and
Zekelman Industries, Inc. (collectively, the domestic interested
parties) notified Commerce of their intent to participate within the
15-day period specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic
interested parties claimed interested party status under section
771(9)(C) of the Act as producers of domestic like product in the
United States.
---------------------------------------------------------------------------
\3\ See Domestic Interested Parties' Letters, ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from China--Notice of
Intent to Participate,'' dated January 17, 2023; ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from Germany--Notice of
Intent to Participate,'' dated January 18, 2023; ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel From India--Notice of
Intent to Participate,'' dated January 17, 2023; ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from Italy--Notice of
Intent to Participate,'' dated January 17, 2023; ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel From Korea--Notice of
Intent to Participate,'' dated January 18, 2023; and ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from Switzerland--Notice
of Intent to Participate,'' dated January 18, 2023 (collectively,
Notices of Intent to Participate).
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On February 1, 2023, Commerce received complete substantive
responses to the Notice of Initiation with respect to the Orders from
the domestic interested parties within the 30-day period specified in
19 CFR 351.218(d)(3)(i).\4\ Commerce did not receive a substantive
response from any other interested parties with respect to the Orders
covered by these sunset reviews. On February 24, 2023, Commerce
notified the U.S. International Trade Commission that it did not
receive an adequate substantive response from respondent interested
[[Page 16588]]
parties in any of these sunset reviews.\5\ As a result, pursuant to
section 751(c)(3)(8) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted expedited (120-day) sunset reviews of the Orders.
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\4\ See Domestic Interested Parties' Letters, ``First Sunset
Review of the Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from the People's
Republic of China: Substantive Response to Notice of Initiation,''
dated February 1, 2023; ``First Sunset Review of the Antidumping
Duty Order on Certain Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from the Federal Republic of Germany: Substantive
Response to Notice of Initiation,'' dated February 2, 2023; ``First
Sunset Review of the Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from India: Substantive
Response to Notice of Initiation,'' dated February 1, 2023; ``First
Sunset Review of the Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from Italy: Substantive
Response to Notice of Initiation,'' dated February 1, 2023; ``First
Sunset Review of the Antidumping Duty Order on Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from the Republic of
Korea: Substantive Response to Notice of Initiation,'' dated
February 2, 2023; and ``First Sunset Review of the Antidumping Duty
Order on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from Switzerland: Substantive Response to Notice of
Initiation,'' dated February 1, 2023.
\5\ See Commerce's Letter, ``Sunset Reviews for January 2023,''
dated February 24, 2023.
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Scope of the Orders
The scope of the Orders is certain cold-drawn mechanical tubing of
carbon and alloy steel from China, Germany, India, Italy, Korea, and
Switzerland. For a complete description of the scope of the Orders, see
Appendix II to this notice.
Analysis of Comments Received
A complete discussion of all issues raised in these sunset reviews
is provided in the accompanying Issues and Decision Memorandum.\6\ A
list of the issues discussed in the Issues and Decision Memorandum is
attached at Appendix I 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 at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Reviews of the
Antidumping Duty Orders on Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People's Republic of China, the
Federal Republic of Germany, India, Italy, the Republic of Korea,
and Switzerland,'' dated concurrently with, and hereby adopted by,
this notice.
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Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Orders would likely lead to
a continuation or recurrence of dumping and that the magnitude of the
dumping margins likely to prevail would be weighted-average margins up
to 186.89 percent for China, up to 209.06 percent for Germany, up to
33.80 percent for India, up to 68.95 percent for Italy, up to 48.00
percent for Korea, and up to 30.48 percent for Switzerland.
Administrative Protective Orders
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305. Timely notification of the return or 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing the results in accordance with
sections 751(c), 752(c), and 771(i)(1) of the Act and 19 CFR 351.218.
Dated: March 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. History of the Orders
IV. Legal Framework
V. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely To Prevail
VI. Final Results of Sunset Reviews
VII. Recommendation
Appendix II
Scope of the Orders
The products covered by these orders are cold-drawn mechanical
tubing of carbon and alloy steel (cold-drawn mechanical tubing) of
circular cross-section, 304.8 mm or more in length, in actual
outside diameters less than 331mm, and regardless of wall thickness,
surface finish, end finish or industry specification. The subject
cold-drawn mechanical tubing is a tubular product with a circular
cross-sectional shape that has been cold-drawn or otherwise cold-
finished after the initial tube formation in a manner that involves
a change in the diameter or wall thickness of the tubing, or both.
The subject cold-drawn mechanical tubing may be produced from either
welded (e.g., electric resistance welded, continuous welded, etc.)
or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or
alloy steel tubular products. It may also be heat treated after cold
working. Such heat treatments may include, but are not limited to,
annealing, normalizing, quenching and tempering, stress relieving or
finish annealing. Typical cold-drawing methods for subject
merchandise include, but are not limited to, drawing over mandrel,
rod drawing, plug drawing, sink drawing and similar processes that
involve reducing the outside diameter of the tubing with a die or
similar device, whether or not controlling the inside diameter of
the tubing with an internal support device such as a mandrel, rod,
plug or similar device. Other cold-finishing operations that may be
used to produce subject merchandise include cold-rolling and cold-
sizing the tubing.
Subject cold-drawn mechanical tubing is typically certified to
meet industry specifications for cold-drawn tubing including but not
limited to:
(1) American Society for Testing and Materials (ASTM) or
American Society of Mechanical Engineers (ASME) specifications ASTM
A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4
(ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-
513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);
(2) SAE International (Society of Automotive Engineers)
specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467,
SAE J2435, SAE J2613;
(3) Aerospace Material Specification (AMS) AMS T-6736 (AMS
6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361,
AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
(4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-
6736;
(5) foreign standards equivalent to one of the previously listed
ASTM, ASME, SAE, AMS or MIL specifications including but not limited
to:
(a) German Institute for Standardization (DIN) specifications
DIN 2391-2, DIN 2393-2, DIN 2394-2);
(b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4,
EN 10305-6 and European national variations on those standards
(e.g., British Standard (BS EN), Irish Standard (IS EN) and German
Standard (DIN EN) variations, etc.);
(c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G
3445; and
(6) proprietary standards that are based on one of the above-
listed standards.
The subject cold-drawn mechanical tubing may also be dual or
multiple certified to more than one standard. Pipe that is multiple
certified as cold-drawn mechanical tubing and to other
specifications not covered by this scope, is also covered by the
scope of these orders when it meets the physical description set
forth above.
Steel products included in the scope of these orders are
products in which: (1) Iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less by weight.
For purposes of this scope, the place of cold-drawing determines
the country of origin of the subject merchandise. Subject
merchandise that is subject to minor working in a third country that
occurs after drawing in one of the subject countries including, but
not limited to, heat treatment, cutting to length, straightening,
nondestruction testing, deburring or chamfering, remains within the
scope of these orders.
All products that meet the written physical description are
within the scope of these orders unless specifically excluded or
covered by the scope of an existing order. Merchandise that meets
the physical description of cold-drawn mechanical tubing above is
within the scope of these orders even if it is also dual or multiple
certified to an otherwise excluded specification listed below. The
following products are outside of, and/or specifically excluded
from, the scope of these orders:
(1) Cold-drawn stainless steel tubing, containing 10.5 percent
or more of chromium
[[Page 16589]]
by weight and not more than 1.2 percent of carbon by weight;
(2) products certified to one or more of the ASTM, ASME or
American Petroleum Institute (API) specifications listed below:
ASTM A-53;
ASTM A-106;
ASTM A-179 (ASME SA 179);
ASTM A-192 (ASME SA 192);
ASTM A-209 (ASME SA 209);
ASTM A-210 (ASME SA 210);
ASTM A-213 (ASME SA 213);
ASTM A-334 (ASME SA 334);
ASTM A-423 (ASME SA 423);
ASTM A-498;
ASTM A-496 (ASME SA 496);
ASTM A-199;
ASTM A-500;
ASTM A-556;
ASTM A-565;
API 5L; and
API 5CT
except that any cold-drawn tubing product certified to one of the
above excluded specifications will not be excluded from the scope if
it is also dual- or multiple-certified to any other specification
that otherwise would fall within the scope of these orders.
The products subject to these orders are currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000,
7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020,
7306.50.5030. Subject merchandise may also enter under numbers
7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are
provided for convenience and customs purposes only. The written
description of the scope of these orders are dispositive.
[FR Doc. 2023-05619 Filed 3-17-23; 8:45 am]
BILLING CODE 3510-DS-P
