Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 43281-43283 [2023-14429]
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Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: June 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce
Appropriately Limited Its Comparison
Market Analysis
Comment 2: Whether Commerce Should
Weight Average and Match Home Market
Sales to U.S. Sales by Month Instead of
Quarter
VI. Recommendation
ddrumheller on DSK120RN23PROD with NOTICES1
BILLING CODE 3510–DS–P
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International Trade Administration
[A–475–838]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From Italy:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on certain
cold-drawn mechanical tubing of carbon
and alloy steel (cold-drawn mechanical
tubing) from Italy with respect to one
exporter/producer of subject
merchandise. The period of review
(POR) is June 1, 2021, through May 31,
2022. Commerce preliminarily finds
that sales of cold-drawn mechanical
tubing from Italy were made at less than
normal value (NV) during the POR. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable July 7, 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:
AGENCY:
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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 the terms of an APO is
a sanctionable violation.
[FR Doc. 2023–14368 Filed 7–6–23; 8:45 am]
DEPARTMENT OF COMMERCE
Background
On June 11, 2018, Commerce
published the AD order on cold-drawn
mechanical tubing from Italy.1 On
August 9, 2022, Commerce initiated an
administrative review of the Order, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the
Act).2 This administrative review covers
one producer/exporter of the subject
merchandise, Dalmine S.p.A.
(Dalmine).3
On February 2, 2023, Commerce
extended the deadline for the
preliminary results until June 30, 2023.4
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) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
48459 (August 9, 2022).
3 Id.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated February 2, 2023.
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43281
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.5
Scope of the Order
The products covered by this Order
are certain cold-drawn mechanical
tubing of carbon and alloy steel from
Italy. For a full description of the scope,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price is calculated in
accordance with section 772 of the Act.
NV is calculated in accordance with
section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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 is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period June 1,
2021, through May 31, 2022:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Dalmine S.p.A .............................
2.00
Assessment Rates
Upon completion of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. Pursuant to 19 CFR
351.212(b)(1), if Dalmine’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from Italy; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
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in the final results of this review, we
will calculate importer-specific
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales.
If Dalmine’s weighted-average dumping
margin is zero or de minimis, or if an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.6
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Dalmine for
which it 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-thanfair value (LTFV) investigation (i.e.,
47.87 percent) 7 if there is no rate for the
intermediate company(ies) involved in
the transaction.8
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 expire (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Dalmine in the
final results of review will be equal to
the weighted-average dumping margin
established in the final results of this
administrative review except if the rate
is less than 0.50 percent and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
merchandise exported by a company not
6 See
section 751(a)(2)(C) of the Act.
Order.
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
7 See
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covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment in
which it was reviewed; (3) if the
exporter is not a firm covered in this
review or the original LTFV
investigation, but the producer is, then
the cash deposit rate will be the rate
established for the most recentlycompleted segment of this proceeding
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 47.87 percent,9 the all-others rate
established in the LTFV investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
review. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.10 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, filed electronically
Order.
10 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
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.
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9 See
Frm 00020
Fmt 4703
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via ACCESS.15 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, whether any participant is
a foreign national, 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.
Verification
As provided in section 782(i)(3) of the
Act, on June 8–9, 2023, Commerce
verified the information reported by
Dalmine’s U.S. affiliate, Tenaris Global
Services USA, at its offices in Houston,
TX.17 Commerce intends to verify
Dalmine’s remaining U.S. and home
market sales information in Italy prior to
the final results of this review.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
15 See
19 CFR 351.310(c).
19 CFR 351.310.
17 See Memorandum, ‘‘Verification of the
Questionnaire Response of Tenaris Global Services
(U.S.A.) Corporation in the Administrative Review
of Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from Italy,’’ dated June 16,
2023.
16 See
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Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
Dated: June 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–14429 Filed 7–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Ruling Applications
Filed in Antidumping and
Countervailing Duty Proceedings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) received scope
ruling applications, requesting that
scope inquiries be conducted to
determine whether identified products
are covered by the scope of antidumping
duty (AD) and/or countervailing duty
(CVD) orders and that Commerce issue
scope rulings pursuant to those
inquiries. In accordance with
Commerce’s regulations, we are
notifying the public of the filing of the
scope ruling applications listed below
in the month of May 2023.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Terri Monroe, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–1384.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Notice of Scope Ruling Applications
In accordance with 19 CFR
351.225(d)(3), we are notifying the
public of the following scope ruling
applications related to AD and CVD
orders and findings filed in or around
the month of May 2023. This
notification includes, for each scope
application: (1) identification of the AD
and/or CVD orders at issue (19 CFR
351.225(c)(1)); (2) concise public
descriptions of the products at issue,
including the physical characteristics
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(including chemical, dimensional and
technical characteristics) of the products
(19 CFR 351.225(c)(2)(ii)); (3) the
countries where the products are
produced and the countries from where
the products are exported (19 CFR
351.225(c)(2)(i)(B)); (4) the full names of
the applicants; and (5) the dates that the
scope applications were filed with
Commerce and the name of the ACCESS
scope segment where the scope
applications can be found.1 This notice
does not include applications which
have been rejected and not properly
resubmitted. The scope ruling
applications listed below are available
on Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS), at
https://access.trade.gov.
Scope Ruling Applications
Certain Vertical Shaft Engines
Between 99cc and Up to 225cc and Parts
Thereof from the People’s Republic of
China (China) (A–570–124/C–570–125);
Ducar DVO 150 Engine; 2 produced in
and exported from China; submitted by
Seago, Inc.; May 10, 2023; ACCESS
scope segment ‘‘Ducar DVO150.’’
Certain Quartz Surface Products from
China (A–570–084/C–570–085); Mineral
Based Surface Products; 3 produced in
and exported from China; submitted by
Vanguard Trading Company; May 12,
2023; ACCESS scope segment ‘‘Mineralbased surface products.’’
Certain Cold-Rolled Steel Flat
Products from India (A–533–865/C–
570–866); End Module Side Cover and
Cable Tray Connection Bracket; 4
1 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300, 52316 (September 20,
2021) (Final Rule) (‘‘It is our expectation that the
Federal Register list will include, where
appropriate, for each scope application the
following data: (1) identification of the AD and/or
CVD orders at issue; (2) a concise public summary
of the product’s description, including the physical
characteristics (including chemical, dimensional
and technical characteristics) of the product; (3) the
country(ies) where the product is produced and the
country from where the product is exported; (4) the
full name of the applicant; and (5) the date that the
scope application was filed with Commerce.’’)
2 The product is a 150cc engine with a sevenpoint mounting bracket, with integrated cable
guide, built into the aluminum crankcase. It has
integrated fuel pump and the capability for
sustained operation at 45-degree slope. The HTSUS
code is 8407.90.9040.
3 The product is Fritech, a waste mineral-based
surface product produced from silicate materials
where Silicon Dioxide/Silica is not the material of
chief weight. The slab is produced in large slabs
with dimensions of approximately 63’’ by 126’’.
Finished slab is either 20mm or 30mm thick and
mimics the feel and appearance of natural stone
such as marble.
4 The two products are components of a modular
battery storage assembly. The first product is
described as an end module side cover, which is
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43283
produced in and exported from India;
submitted by SIGMA Corp.; May 19,
2023; ACCESS scope segment ‘‘Side
Cover & Cable Tray Bracket.’’
Certain Hot-Rolled Carbon Steel Flat
Products from China (A–570–865);
Front Foot and Front Foot Caster
Assembly for Exercise Equipment; 5
produced in and exported from China;
submitted by Concept2, Inc. (Concept2);
May 25, 2023; ACCESS scope segment
‘‘Concept2 Front Foot and Caster
Assembly.’’
Fresh Garlic from China (A–570–831);
whole garlic cloves in brine; 6 produced
in and exported from China; submitted
by Marcatus QED, Inc.; May 26, 2023;
ACCESS scope segment ‘‘Marcatus.’’
Notification to Interested Parties
This list of scope ruling applications
is not an identification of scope
inquiries that have been initiated. In
accordance with 19 CFR 351.225(d)(1),
if Commerce has not rejected a scope
ruling application nor initiated the
scope inquiry within 30 days after the
filing of the application, the application
will be deemed accepted and a scope
inquiry will be deemed initiated the
following day—day 31.7 Commerce’s
made by bending cold-rolled flat ASTEM A1008
grade steel into shape. Prior to bending the coldrolled flat steel into shape, the product is holepunched or laser cut. Three clinched nuts are also
attached to the bent plate after forming. The
product is powder coated with paint. The second
product is described as a cable tray connection
bracket, which is made by bending cold-rolled flat
ASTEM A1008 grade steel into shape. The cable
tray is bent into two right-angle brackets that, once
adjoined, form a rectangle. Prior to bending the
cold-rolled flat steel into shape, the product is hole
punched or laser cut. The product is powder coated
with paint. The final product includes
accompanying size 18–8 stainless steel washers and
passivated size 18–8 stainless steel, M4 x 0.70 mm
threaded 16mm screws.
5 The products are two component parts of a
stationary exercise bicycle. Part 7165 BikeErg Front
Foot is made of 13GA, 2.278 mm thick hot-rolled
pickled and oiled steel sheet, bent along its width
four times to form a C shape with rounded corners.
The finished part has punched hex holes and a
powder coat finish. This component is 23.63 inches
in length, 2.50 inches in width and 1.50 inches in
height. Part 2465 Front Foot with Large Caster
Assembly is an assembly comprising Part 7165, two
casters, and fasteners. The foot caster assemblies
each include a foot caster housing made of 10%
glass-filled polypropylene, and a large hard rubber
wheel, held together with a stainless steel retaining
clip and clevis pin. These foot caster assemblies are
installed on the ends of Part 7165 BikeErg Front
Foot to form the completed Part 2465 Front Foot
with Large Caster Assembly, which will be
imported in assembled condition.
6 The product is processed whole garlic cloves
preserved in brine that are blanched in boiling
water and preserved in brine consisting of 20–25
percent salinity. Citric acid is added to the finished
product as a preservative.
7 In accordance with 19 CFR 351.225(d)(2), within
30 days after the filing of a scope ruling application,
if Commerce determines that it intends to address
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[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43281-43283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14429]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-838]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From Italy: Preliminary Results of Antidumping Duty Administrative
Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on certain
cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn
mechanical tubing) from Italy with respect to one exporter/producer of
subject merchandise. The period of review (POR) is June 1, 2021,
through May 31, 2022. Commerce preliminarily finds that sales of cold-
drawn mechanical tubing from Italy were made at less than normal value
(NV) during the POR. We invite interested parties to comment on these
preliminary results.
DATES: Applicable July 7, 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 June 11, 2018, Commerce published the AD order on cold-drawn
mechanical tubing from Italy.\1\ On August 9, 2022, Commerce initiated
an administrative review of the Order, in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\2\ This
administrative review covers one producer/exporter of the subject
merchandise, Dalmine S.p.A. (Dalmine).\3\
---------------------------------------------------------------------------
\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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9, 2022).
\3\ Id.
---------------------------------------------------------------------------
On February 2, 2023, Commerce extended the deadline for the
preliminary results until June 30, 2023.\4\ For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
2, 2023.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
from Italy; 2021-2022,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this Order are certain cold-drawn
mechanical tubing of carbon and alloy steel from Italy. For a full
description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price is calculated in accordance with
section 772 of the Act. NV is calculated in accordance with section 773
of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period June 1, 2021, through May 31,
2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Dalmine S.p.A.............................................. 2.00
------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), if
Dalmine's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.5 percent)
[[Page 43282]]
in the final results of this review, we will calculate importer-
specific assessment rates based on the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of those same sales. If Dalmine's weighted-average
dumping margin is zero or de minimis, or if an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by this review
and for future deposits of estimated duties, where applicable.\6\
---------------------------------------------------------------------------
\6\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Dalmine
for which it 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 (LTFV)
investigation (i.e., 47.87 percent) \7\ if there is no rate for the
intermediate company(ies) involved in the transaction.\8\
---------------------------------------------------------------------------
\7\ See Order.
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 expire (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Dalmine in the
final results of review will be equal to the weighted-average dumping
margin established in the final results of this administrative review
except if the rate is less than 0.50 percent and, therefore, de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for merchandise exported by a company
not covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment in
which it was reviewed; (3) if the exporter is not a firm covered in
this review or the original LTFV investigation, but the producer is,
then the cash deposit rate will be the rate established for the most
recently-completed segment of this proceeding for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 47.87 percent,\9\ the all-others rate
established in the LTFV investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\9\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b). Case
briefs or other written comments may be submitted to the Assistant
Secretary for Enforcement and Compliance no later than seven days after
the date on which the last verification report is issued in this
review. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\10\ 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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\10\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\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.
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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, filed electronically via
ACCESS.\15\ Requests should contain the party's name, address, and
telephone number, the number of participants, whether any participant
is a foreign national, 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, on June 8-9, 2023,
Commerce verified the information reported by Dalmine's U.S. affiliate,
Tenaris Global Services USA, at its offices in Houston, TX.\17\
Commerce intends to verify Dalmine's remaining U.S. and home market
sales information in Italy prior to the final results of this review.
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\17\ See Memorandum, ``Verification of the Questionnaire
Response of Tenaris Global Services (U.S.A.) Corporation in the
Administrative Review of Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from Italy,'' dated June 16, 2023.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance
[[Page 43283]]
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: June 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-14429 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
