Certain Welded Carbon Steel Standard Pipes and Tubes From India: Preliminary Determination of No Shipments and Partial Rescission of Review; 2022-2023, 8160-8162 [2024-02295]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8160-8162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02295]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-502]


Certain Welded Carbon Steel Standard Pipes and Tubes From India: 
Preliminary Determination of No Shipments and Partial Rescission of 
Review; 2022-2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Surya Roshni Limited (Surya) made no shipments during 
the period of review (POR), May 1, 2022, through April 30, 2023. In 
addition, we are rescinding this review, in part, with respect to 29 
companies. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable February 6, 2024.

FOR FURTHER INFORMATION CONTACT: Jacob Keller, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4849.

SUPPLEMENTARY INFORMATION: 

Background

    On May 12, 1986, Commerce published in the Federal Register the 
order on certain welded carbon steel standard pipes and tubes (pipe and 
tube) from India.\1\ On May 2, 2023, Commerce published in the Federal 
Register a notice of opportunity to request an administrative review of 
the Order.\2\ On July 12, 2023, based on timely requests for an 
administrative review, Commerce initiated an antidumping duty 
administrative review of 30 companies.\3\ For a detailed description of 
the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\4\
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    \1\ See Antidumping Duty Order; Certain Welded Carbon Steel 
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023) (Initiation 
Notice).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of No Reviewable Sales and Partial Rescission of 
Review: Certain Welded Carbon Steel Standard Pipes and Tubes from 
India; 2022-2023,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as Appendix I 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 directly available at: https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Order

    The products covered by the Order include certain welded carbon 
steel standard pipes and tubes with an outside diameter of 0.375 inch 
or more but not over 16 inches. A full description of the scope of the 
Order is contained in the Preliminary Decision Memorandum.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws its request within 90 days of the date of 
publication of the notice of initiation. Nucor Tubular Products Inc. 
(Nucor), a domestic interested party, timely withdrew its request for 
an administrative review of the 29 companies listed in Appendix II 
within 90 days of the date of publication of the Initiation Notice.\5\ 
As a result, Commerce is rescinding this review with respect to these 
companies, in accordance with 19 CFR 351.213(d)(1).
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    \5\ See Nucor's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated September 29, 2023.
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Preliminary Determination of No Shipments

    Based on record information, we preliminarily determine that Surya 
did not have knowledge that the subject merchandise was destined for 
the United States, and, thus, Surya is not considered the exporter of 
subject merchandise during the POR for the purposes of this review.\6\ 
Therefore, we preliminarily determine that Surya made no shipments of 
subject merchandise during the POR. Consistent with Commerce's 
practice, we find that it is not appropriate to rescind the review with 
respect to Surya, but rather to complete the review and issue

[[Page 8161]]

appropriate instructions to CBP based on the final results of this 
review.\7\
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    \6\ See Preliminary Decision Memorandum at 3-4.
    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Disclosure

    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with the preliminary results 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of the notice 
of the preliminary results in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce is rescinding the review 
for 29 companies and preliminarily finding that Surya made no shipments 
of subject merchandise during the POR, there are no calculations to 
disclose.

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\8\ Interested parties who submit case briefs or rebuttal briefs 
in this proceeding must submit: (1) a table of contents listing each 
issue; and (2) a table of authorities.\9\
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    \8\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings, we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide, at the beginning of their briefs, a public 
executive summary for each issue raised in their briefs.\10\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, no including citations. We intend 
to use the executive summaries as the basis of the comment summaries 
included in the issues and decision memorandum that will accompany the 
final results in this administrative review. We request that interested 
parties include footnotes for relevant citations in the executive 
summary of each issue. Note that Commerce has amended certain of its 
requirements pertaining to the service of documents in 19 CFR 
351.303(f).\11\
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    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \11\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
Commerce's electronic records system, ACCESS. Requests should contain: 
(1) the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs.
    A submission in ACCESS must be received successfully in its 
entirety by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.

Assessment Rates

    For entries of subject merchandise during the POR produced by 
Surya, we will instruct CBP to liquidate suspended entries at the all-
others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\12\
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    \12\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess antidumping duties 
on all appropriate entries at a rate equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period May 1, 
2022, through April 30, 2023, in accordance with 19 CFR 
351.212(c)(l)(i).
    For the remaining companies, 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).
    The final results of this administrative review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.

Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of issues raised by interested parties in the 
case and rebuttal briefs, within 120 days of publication of these 
preliminary results in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice 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

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: January 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Preliminary Determination of No Shipments
VI. Recommendation

Appendix II

List of Companies Subject to Rescission of Review

1. Apl Apollo Tubes Limited.
2. Asian Contec Ltd.
3. Bhandari Foils & Tubes Ltd.
4. Bhushan Steel Ltd.
5. Blue Moon Logistics Pvt. Ltd.
6. CH Robinson Worldwide.
7. Ess-Kay Engineers.
8. Manushi Enterprise.
9. Nishi Boring Corporation.
10. Garg Tube Export LLP; Garg Tube Limited.
11. GCL Private Limited.

[[Page 8162]]

12. Goodluck India Ltd.
13. GVN Fuels Ltd.
14. Fiber Tech Composite Pvt. Ltd.
15. Hydromatik.
16. Jindal Quality Tubular Ltd.
17. KLT Automatic & Tubular Products Ltd.
18. Lloyds Line Pipes Ltd.; Lloyds Metals & Engineers Limited.
19. MARINEtrans India Private Ltd.
20. Patton International Ltd.
21. Raajratna Ventures Ltd.
22. Ratnamani Metals Tubes Ltd.
23. SAR Transport Systems Pvt. Ltd.
24. Surya Global Steel Tubes Ltd.
25. Vallourec Heat Exchanger Tubes Ltd.
26. Welspun India Ltd.
27. Zenith Birla (India) Ltd.
28. Zenith Birla Steels Private Ltd.
29. Zenith Dyeintermediates Ltd.

[FR Doc. 2024-02295 Filed 2-5-24; 8:45 am]
BILLING CODE 3510-DS-P