Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Results of Antidumping Duty Administrative Reviews of Goodluck India Limited; 2017-2019 and 2019-2020, 41384-41385 [2023-13485]
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41384
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices
of cellulose fiber, paperboard, or pressboard
with a basis weight less than 300 grams per
square meter (GSM).
A non-exhaustive illustrative list of the
types of handles on shopping bags covered
by the scope include handles made from any
materials such as twisted paper, flat paper,
yarn, ribbon, rope, string, or plastic, as well
as die-cut handles (whether the punchout is
fully removed or partially attached as a flap).
Excluded from the scope are:
• Paper sacks or bags that are of a 1⁄6 or 1⁄7
barrel size (i.e., 11.5–12.5 inches in width,
6.5–7.5 inches in depth, and 13.5–17.5
inches in height) with flat paper handles or
die-cut handles;
• Paper sacks or bags with die-cut handles,
a grams per square meter paper weight of less
than 86 GSM, and a height of less than 11.5
inches; and
• Shopping bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric and (ii) that are
finished with folded tops or for which tied
knots or t-bar aglets (made of wood, metal,
or plastic) are used to secure the handles to
the bags.
The above-referenced dimensions are
provided for paper bags in the opened
position. The height of the bag is the distance
from the bottom fold edge to the top edge
(i.e., excluding the height of handles that
extend above the top edge). The depth of the
bag is the distance from the front of the bag
edge to the back of the bag edge (typically
measured at the bottom of the bag). The
width of the bag is measured from the left to
the right edges of the front and back panels
(upon which the handles typically are
located).
The merchandise is currently classifiable
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
4819.30.0040 and 4819.40.0040. The HTSUS
subheadings are provided for convenience
and customs purposes only; the written
description of the scope is dispositive.
[FR Doc. 2023–13521 Filed 6–23–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–873]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India:
Final Results of Antidumping Duty
Administrative Reviews of Goodluck
India Limited; 2017–2019 and 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Goodluck India Limited (Goodluck)
made sales of certain cold-drawn
mechanical tubing of carbon and alloy
steel (CDMT) from India in the United
States at prices below normal value
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
19:33 Jun 23, 2023
Jkt 259001
(NV) during the periods of review
(PORs) of November 22, 2017, through
May 31, 2019 (AR1) and June 1, 2019,
through May 31, 2020 (AR2).
DATES: Applicable June 26, 2023.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos 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) 482–2243.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2022, Commerce
published the Preliminary Results of
these reviews in the Federal Register.1
We invited interested parties to
comment on the Preliminary Results.
Between January 26, 2023, and February
9, 2023, Commerce received timely-filed
briefs and rebuttal briefs from Goodluck
and from ArcelorMittal Tubular
Products LLC, Michigan Seamless Tube,
LLC, Plymouth Tube, PTC Alliance
Corp., Webco Industries, Inc., and
Zekelman Industries (collectively, the
petitioners).2
On April 12, 2023, we extended the
deadline for the final results, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213(h)(2) 3 until
June 16, 2023. On May 24, 2023,
Commerce held a hearing during which
parties presented arguments in their
case briefs.4
1 See
Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Preliminary
Results of Antidumping Duty Administrative
Reviews of Goodluck India Limited; 2017–2019 and
2019–2020; 87 FR 77793 (December 20, 2022)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum); see also
Certain Cold-Drawn Mechanical Tubing of Carbon
and Alloy Steel from India: Notice of Second
Amended Final Determination; Notice of Amended
Order; Notice of Resumption of First and
Reinitiation of Second Antidumping Duty
Administrative Reviews; Notice of Opportunity for
Withdrawal; and Notice of Assessment in Third
Antidumping Duty Administrative Review, 86 FR
74069 (December 29, 2021) (AR1 Resumption and
AR2 Reinitiation Notice).
2 See Petitioners’ Letters, ‘‘Petitioners’ Case Brief
for Goodluck India Limited,’’ dated January 26,
2023; ‘‘Petitioners’ Case Brief for Goodluck India
Limited,’’ dated January 26, 2023; and Goodluck’s
Letters, ‘‘Goodluck Administrative Case Brief,’’
dated January 26, 2023; ‘‘Goodluck Administrative
Case Brief,’’ dated January 26, 2023. See also
Petitioners’ Letters, ‘‘Petitioners’ Rebuttal Brief for
Goodluck India Limited,’’ dated February 9, 2023;
‘‘Petitioners’ Rebuttal Brief for Goodluck India
Limited,’’ dated February 9, 2023; and Goodluck’s
Letters, ‘‘Goodluck Administrative Rebuttal Brief,’’
dated February 9, 2023; ‘‘Goodluck Administrative
Rebuttal Brief,’’ dated February 9, 2023.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2017–2019 and 2019–2020
Antidumping Duty Administrative Reviews for
Goodluck India Limited,’’ dated April 12, 2023.
4 See Hearing Transcript, ‘‘Public Hearing in the
Matter of the Administrative Review of the
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Based on an analysis of the comments
received, we did not make changes to
the weighted-average dumping margins
calculated for Goodluck. The weightedaverage dumping margins are listed in
the ‘‘Final Results of Review’’ section,
below. Commerce conducted these
reviews in accordance with section
751(a) of the Act.
Scope of the Order 5
The merchandise covered by the
Order is CDMT from India. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.6
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. The issues are
identified in the appendix to this notice.
The Issues and Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of
the comments received from parties, we
did not make changes to Goodluck’s
margin calculations. See the Issues and
Decision Memorandum.
Final Results of Reviews
We are assigning the following
weighted-average dumping margin to
Goodluck for the period November 22,
2017, through May 31, 2019:
Antidumping Duty Order on Cold-Drawn
Mechanical Tubing from India,’’ dated May 24,
2023.
5 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) (Order).
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Reviews of
Goodluck India Limited: Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India 2017–2019 & 2019–2020,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
E:\FR\FM\26JNN1.SGM
26JNN1
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Goodluck India Limited .........
1.59
We are assigning the following
weighted-average dumping margin to
Goodluck for the period June 1, 2019,
through May 31, 2020:
Exporter/producer 7
Weightedaverage
dumping
margin
(percent)
Goodluck India Limited .........
1.39
Assessment
ddrumheller on DSK120RN23PROD with NOTICES1
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of these reviews.
Where an importer- (or customer-)
specific ad valorem or per-unit rate is
greater than de minimis (i.e., 0.50
percent), Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation.8 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.9
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the 2017–2019 POR produced by
Goodluck for which the company did
not know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate those entries at
the all-others rate established in the
original less-than-fair-value
investigation if there is no rate for the
intermediate company(ies) involved in
the transaction.10 Additionally, for the
7 Commerce previously completed a 2019–2020
review of entries for which Goodluck India Limited
was either the exporter or the producer, but not
both. See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2019–2020,
86 FR 59982 (October 29, 2021) (CDMT AR2 2021
Final). Here, Commerce has completed its review of
entries exported and produced by Goodluck India
Limited. Accordingly, with the conclusion of this
review, Commerce has assigned a cash deposit rate
to all Goodluck entries, consistent with its standard
practice.
8 See 19 CFR 351.212(b)(1).
9 See 19 CFR 351.106(c)(2).
10 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
VerDate Sep<11>2014
19:33 Jun 23, 2023
Jkt 259001
2017–2019 POR, we intend to instruct
CBP to take into account the
‘‘provisional measures deposit cap,’’ in
accordance with 19 CFR 351.212(d).
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of these
reviews 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 for all
shipments of CDMT from India entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication of the final results as
provided by section 751(a)(2) of the Act:
(1) the cash deposit rate for entries for
Goodluck will be equal to the weightedaverage dumping margin established in
the final results of the 2020–2021
review; (2) for merchandise exported by
companies not covered in these reviews
but covered in another completed
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published in the
most recently-completed segment; and
(3) the cash deposit rate for all other
producers or exporters will continue to
be 5.87 percent, the all-others rate
established in the LTFV investigation in
this proceeding.11
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during these PORs. Failure to comply
with this requirement could result in
the presumption that reimbursement of
antidumping duties occurred and the
41385
subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written 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 these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: June 16, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Erred in
Applying its Differential Pricing
Analysis
Comment 2: Whether Goodluck Properly
Assigned Grades to Subject Merchandise
Comment 3: Whether Goodluck Properly
Relied on Theoretical Weight in its
Reporting
Comment 4: Whether Commerce Should
Accept Goodluck’s Reported Scrap Offset
VI. Recommendation
[FR Doc. 2023–13485 Filed 6–23–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–084; C–570–085]
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003). We note that the 2019–2020
administrative review only covers entries produced
and exported by Goodluck during the POR. See AR1
Resumption and AR2 Reinitiation Notice; see also
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 47731 (August 6,
2020); see also CDMT AR2 2021 Final, 86 FR at
59983 (finding that Goodluck had no shipments
during the POR under the producer/exporter
combinations under review). We note that
Commerce’s ‘‘automatic assessment’’ practice,
referenced above, does not apply to entries during
the 2019–2020 POR under these circumstances,
because Commerce previously issued the final
results of review with respect to such entries, along
with corresponding customs instructions.
11 See Orders, 83 FR at 24964.
PO 00000
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Fmt 4703
Sfmt 4703
Certain Quartz Surface Products From
the People’s Republic of China:
Initiation of Antidumping and
Countervailing Duty Changed
Circumstances Reviews; AM Stone
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
AM Stone Cabinets, Inc. (AM Stone), the
U.S. Department of Commerce
(Commerce) is initiating changed
circumstances reviews (CCR) of the
AGENCY:
E:\FR\FM\26JNN1.SGM
26JNN1
Agencies
[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41384-41385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13485]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-873]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Final Results of Antidumping Duty Administrative Reviews of
Goodluck India Limited; 2017-2019 and 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Goodluck India Limited (Goodluck) made sales of certain cold-drawn
mechanical tubing of carbon and alloy steel (CDMT) from India in the
United States at prices below normal value (NV) during the periods of
review (PORs) of November 22, 2017, through May 31, 2019 (AR1) and June
1, 2019, through May 31, 2020 (AR2).
DATES: Applicable June 26, 2023.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos 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) 482-2243.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2022, Commerce published the Preliminary Results of
these reviews in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results. Between January 26, 2023, and
February 9, 2023, Commerce received timely-filed briefs and rebuttal
briefs from Goodluck and from ArcelorMittal Tubular Products LLC,
Michigan Seamless Tube, LLC, Plymouth Tube, PTC Alliance Corp., Webco
Industries, Inc., and Zekelman Industries (collectively, the
petitioners).\2\
---------------------------------------------------------------------------
\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from India: Preliminary Results of Antidumping Duty
Administrative Reviews of Goodluck India Limited; 2017-2019 and
2019-2020; 87 FR 77793 (December 20, 2022) (Preliminary Results),
and accompanying Preliminary Decision Memorandum); see also Certain
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India:
Notice of Second Amended Final Determination; Notice of Amended
Order; Notice of Resumption of First and Reinitiation of Second
Antidumping Duty Administrative Reviews; Notice of Opportunity for
Withdrawal; and Notice of Assessment in Third Antidumping Duty
Administrative Review, 86 FR 74069 (December 29, 2021) (AR1
Resumption and AR2 Reinitiation Notice).
\2\ See Petitioners' Letters, ``Petitioners' Case Brief for
Goodluck India Limited,'' dated January 26, 2023; ``Petitioners'
Case Brief for Goodluck India Limited,'' dated January 26, 2023; and
Goodluck's Letters, ``Goodluck Administrative Case Brief,'' dated
January 26, 2023; ``Goodluck Administrative Case Brief,'' dated
January 26, 2023. See also Petitioners' Letters, ``Petitioners'
Rebuttal Brief for Goodluck India Limited,'' dated February 9, 2023;
``Petitioners' Rebuttal Brief for Goodluck India Limited,'' dated
February 9, 2023; and Goodluck's Letters, ``Goodluck Administrative
Rebuttal Brief,'' dated February 9, 2023; ``Goodluck Administrative
Rebuttal Brief,'' dated February 9, 2023.
---------------------------------------------------------------------------
On April 12, 2023, we extended the deadline for the final results,
in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.213(h)(2) \3\ until June 16, 2023. On
May 24, 2023, Commerce held a hearing during which parties presented
arguments in their case briefs.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Deadline for Final Results of
2017-2019 and 2019-2020 Antidumping Duty Administrative Reviews for
Goodluck India Limited,'' dated April 12, 2023.
\4\ See Hearing Transcript, ``Public Hearing in the Matter of
the Administrative Review of the Antidumping Duty Order on Cold-
Drawn Mechanical Tubing from India,'' dated May 24, 2023.
---------------------------------------------------------------------------
Based on an analysis of the comments received, we did not make
changes to the weighted-average dumping margins calculated for
Goodluck. The weighted-average dumping margins are listed in the
``Final Results of Review'' section, below. Commerce conducted these
reviews in accordance with section 751(a) of the Act.
Scope of the Order 5
---------------------------------------------------------------------------
\5\ 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) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is CDMT from India. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Reviews of
Goodluck India Limited: Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India 2017-2019 & 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum, which is hereby adopted by this
notice. The issues are identified in the appendix to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from
parties, we did not make changes to Goodluck's margin calculations. See
the Issues and Decision Memorandum.
Final Results of Reviews
We are assigning the following weighted-average dumping margin to
Goodluck for the period November 22, 2017, through May 31, 2019:
[[Page 41385]]
------------------------------------------------------------------------
Weighted-
average dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Goodluck India Limited................................. 1.59
------------------------------------------------------------------------
We are assigning the following weighted-average dumping margin to
Goodluck for the period June 1, 2019, through May 31, 2020:
---------------------------------------------------------------------------
\7\ Commerce previously completed a 2019-2020 review of entries
for which Goodluck India Limited was either the exporter or the
producer, but not both. See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2019-
2020, 86 FR 59982 (October 29, 2021) (CDMT AR2 2021 Final). Here,
Commerce has completed its review of entries exported and produced
by Goodluck India Limited. Accordingly, with the conclusion of this
review, Commerce has assigned a cash deposit rate to all Goodluck
entries, consistent with its standard practice.
------------------------------------------------------------------------
Weighted-
average dumping
Exporter/producer \7\ margin
(percent)
------------------------------------------------------------------------
Goodluck India Limited................................. 1.39
------------------------------------------------------------------------
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
these reviews.
Where an importer- (or customer-) specific ad valorem or per-unit
rate is greater than de minimis (i.e., 0.50 percent), Commerce will
instruct CBP to collect the appropriate duties at the time of
liquidation.\8\ Where an importer- (or customer-) specific ad valorem
or per-unit rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(b)(1).
\9\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the 2017-2019 POR produced by
Goodluck for which the company did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the original less-than-
fair-value investigation if there is no rate for the intermediate
company(ies) involved in the transaction.\10\ Additionally, for the
2017-2019 POR, we intend to instruct CBP to take into account the
``provisional measures deposit cap,'' in accordance with 19 CFR
351.212(d).
---------------------------------------------------------------------------
\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003). We note that the 2019-2020 administrative
review only covers entries produced and exported by Goodluck during
the POR. See AR1 Resumption and AR2 Reinitiation Notice; see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 85 FR 47731 (August 6, 2020); see also CDMT AR2 2021 Final,
86 FR at 59983 (finding that Goodluck had no shipments during the
POR under the producer/exporter combinations under review). We note
that Commerce's ``automatic assessment'' practice, referenced above,
does not apply to entries during the 2019-2020 POR under these
circumstances, because Commerce previously issued the final results
of review with respect to such entries, along with corresponding
customs instructions.
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of
these reviews 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 for all
shipments of CDMT from India entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results as
provided by section 751(a)(2) of the Act: (1) the cash deposit rate for
entries for Goodluck will be equal to the weighted-average dumping
margin established in the final results of the 2020-2021 review; (2)
for merchandise exported by companies not covered in these reviews but
covered in another completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published in
the most recently-completed segment; and (3) the cash deposit rate for
all other producers or exporters will continue to be 5.87 percent, the
all-others rate established in the LTFV investigation in this
proceeding.\11\
---------------------------------------------------------------------------
\11\ See Orders, 83 FR at 24964.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during these PORs. Failure to comply with this
requirement could result in the presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
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 these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: June 16, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Erred in Applying its Differential
Pricing Analysis
Comment 2: Whether Goodluck Properly Assigned Grades to Subject
Merchandise
Comment 3: Whether Goodluck Properly Relied on Theoretical
Weight in its Reporting
Comment 4: Whether Commerce Should Accept Goodluck's Reported
Scrap Offset
VI. Recommendation
[FR Doc. 2023-13485 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-DS-P