Welded Stainless Pressure Pipe From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 100954-100957 [2024-29327]

Download as PDF 100954 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices khammond on DSK9W7S144PROD with NOTICES companies and individuals in the United States and abroad that they should avoid dealing with Siberian, in connection with export and reexport transactions involving items subject to the Regulations and in connection with any other activity subject to the Regulations. IV. Order It is therefore ordered: First, Siberian Airlines d/b/a S7 Airlines, 633104, Novosibirskaya obl., g. Ob, prospekt Mozzherina, d. 10 ofis 201, when acting for or on their behalf, any successors or assigns, agents, or employees may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR including, but not limited to: A. Applying for, obtaining, or using any license (except directly related to safety of flight), license exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to § 764.3(a)(2) of the Regulations, or engaging in any other activity subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to § 764.3(a)(2) of the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or from any other activity subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to § 764.3(a)(2) of the Regulations. Second, that no person may, directly or indirectly, do any of the following: A. Export, reexport, or transfer (incountry) to or on behalf of Siberian any item subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to § 764.3(a)(2) of the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by Siberian of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby Siberian acquires VerDate Sep<11>2014 18:12 Dec 12, 2024 Jkt 265001 or attempts to acquire such ownership, possession or control except directly related to safety of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the Regulations; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from Siberian of any item subject to the EAR that has been exported from the United States except directly related to safety of flight and authorized by BIS pursuant to § 764.3(a)(2) of the Regulations; D. Obtain from Siberian in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States except directly related to safety of flight and authorized by BIS pursuant to § 764.3(a)(2) of the Regulations; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by Siberian, or service any item, of whatever origin, that is owned, possessed or controlled by Siberian if such service involves the use of any item subject to the EAR that has been or will be exported from the United States except directly related to safety of flight and authorized by BIS pursuant to § 764.3(a)(2) of the Regulations. For purposes of this paragraph, servicing means installation, maintenance, repair, modification, or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to Siberian by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order. In accordance with the provisions of Sections 766.24(e) of the EAR, Siberian may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of § 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Siberian as provided in § 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 A copy of this Order shall be provided to Siberian, and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for one year. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2024–29187 Filed 12–12–24; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–867] Welded Stainless Pressure Pipe From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds that Suncity Sheets Pvt., Ltd. (Suncity Sheets) made sales of welded stainless pressure pipe (WSPP) from India at less than normal value (NV) in the United States during the period of review (POR), November 1, 2022, through October 31, 2023. Additionally, Commerce is rescinding this administrative review with respect to certain companies. We invite interested parties to comment on these preliminary results. DATES: Applicable December 13, 2024. FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1009. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 17, 2016, Commerce published the antidumping duty (AD) order on WSPP from India in the Federal Register.1 On November 2, 2023, Commerce published a notice of opportunity to request an administrative review of the Order.2 On December 29, 2023, based on timely requests for review, in accordance with section 751(a)(1) of the Tariff Act of 1930, as 1 See Welded Stainless Pressure Pipe from India: Antidumping and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016) (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 75270 (November 2, 2023). E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices amended (the Act), and 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the Order covering five companies.3 On February 16, 2024, we selected Seth Steelage Pvt. Ltd. (Seth Steelage) and Suncity Sheets as the mandatory respondents in this administrative review.4 On March 4, 2024, Seth Steelage timely withdrew its request for review.5 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.6 Pursuant to section 751(a)(3)(A) of the Act, on August 5, 2024, Commerce extended the deadline for the preliminary results until December 6, 2024.7 For a complete description of the events that followed the initiation of the review, see the Preliminary Decision Memorandum.8 A list of topics included in the Preliminary Decision Memorandum is included in the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access. trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Order The merchandise covered by the scope of the Order is WSPP from India. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology khammond on DSK9W7S144PROD with NOTICES Commerce is conducting this review in accordance with section 751(a)(2) of the Act. Export price is calculated in accordance with section 772 of the Act. Normal value is calculated in 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation Notice). 4 See Memorandum, ‘‘Respondent Selection,’’ dated February 16, 2024, at 1. 5 See Seth Steelage’s Letter, ‘‘Withdrawal Request for Administrative Review of Anti-Dumping Duty of Seth Steelage Private Limited,’’ dated March 4, 2024 (Seth Steelage’s Withdrawal Letter). 6 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 7 See Memorandum, ‘‘Extension of Deadline for the Preliminary Results of Antidumping Duty Administrative Review,’’ dated August 5, 2024. 8 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Welded Stainless Pressure Pipe from India; 2022–2023,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 18:12 Dec 12, 2024 Jkt 265001 accordance with section 773 of the Act. For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. Rescission of Administrative Review, In Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. Seth Steelage, Ratnamani Metals & Tubes Ltd. (Ratnamani), and Prakash Steelage Ltd (PSL) timely withdrew the requests for review for each company.9 No other parties requested an administrative review of Seth Steelage, Ratnamani, and PSL. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this administrative review with respect to Seth Steelage, Ratnamani, and PSL. Remaining Firms Subject to the Review Pursuant to the above-referenced rescission, two firms listed in the Initiation Notice remain under review: Suncity Sheets and Suncity Metals and Tubes Private Limited (Suncity Metals). In Suncity Sheet’s initial request for review, it identified that ‘‘Suncity {Sheets Pvt., Ltd.} exported and entered into the U.S. subject merchandise in the POR . . . since Suncity {Sheets Pvt., Ltd.} exported the subject merchandise, it changed its name from Suncity Sheets Pvt., Ltd., to Suncity Metals and Tubes Private Limited. Therefore, it is requesting a review of both companies.’’ 10 This fact pattern is confirmed by the U.S. Customs and Border Protection (CBP) entry data released to the record for the purposes of respondent selection, which identifies Suncity Sheets as the exporter of entries during the POR and Suncity Metals with no attributable entries in the period.11 As Suncity Sheets was selected as the mandatory respondent for individual review and reflects the sole firm with entries during the period not otherwise rescinded upon, these 9 See Ratnamani’s Letter, ‘‘Withdrawal Request for Administrative Review of Antidumping Duty of Ratnamani Metals & Tubes Ltd.,’’ dated March 1, 2024; see also PSL’s Letter, ‘‘Withdrawal Request for Administrative Review of Anti-Dumping Duty of Prakash Steelage Ltd,’’ dated March 4, 2024, and Seth Steelage’s Withdrawal Letter. 10 See Suncity Sheet’s Letter, ‘‘Request for Administrative Review of Suncity Metals and Tubes Private Limited and/or Suncity Sheets Pvt., Ltd.,’’ dated November 30, 2023. 11 See Memorandum, ‘‘Release of U.S. Customs and Border Protection Enny Data,’’ dated January 4, 2024. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 100955 preliminary results apply only Suncity Sheets. Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), when Commerce receives information concerning, or a request from an interested party for a review of, an order which shows changed circumstances sufficient to warrant a review of such order after publishing notice of the review in the Federal Register, Commerce shall conduct a review of the determination based on those changed circumstances. Commerce has used changed circumstance reviews (CCRs) to consider the applicability of cash deposit rates after there have been changes in the name or the structure of a respondent, such as a merger or spinoff (successor-in-interest, or successorship, determinations). Commerce has also made successor-ininterest determinations in the context of administrative reviews and investigations.12 Based on Suncity Sheets’s identification of Suncity Metals as the successor to Suncity Sheets, Commerce finds it appropriate to conduct a successor-in-interest analysis to determine the status of Suncity Metals in this review. However, because the record currently lacks sufficient information regarding the name change identified to allow for a complete analysis at present, we hereby notify parties of our intent to seek more information about the name change from Suncity Sheets to Suncity Metals in the post-preliminary stage, with the intent to conduct a successor in interest determination for purposes of the final results of administrative review. Preliminary Results of Review We preliminarily determine the following estimated weighted-average dumping margin exists for the period November 1, 2022, through October 31, 2023: Exporter/producer Weightedaverage dumping margin (percent) Suncity Sheets Pvt., Ltd ............. 56.39 Disclosure and Public Comment We intend to disclose the calculations and analysis performed for these preliminary results to interested parties 12 See, e.g., Certain Frozen Warmwater Shrimp from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018–2019, 85 FR 83891 (December 23, 2020), and accompanying Issues and Decision Memorandum at Comment 3. E:\FR\FM\13DEN1.SGM 13DEN1 100956 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices within five days of any public announcement or, if there is no public announcement, within five days after the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Commerce will announce the briefing schedule to interested parties at a later date. Interested parties may submit case briefs on the deadline that Commerce will announce.13 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.14 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.15 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.16 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not 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).17 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 ACCESS. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants and whether any participant is a foreign natioanl; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case 19 CFR 351.309 (c)(1)(ii) and (d)(2). 19 CFR 351.309(d)(1); 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). 15 See 19 351.309(c)(2) and (d)(2). 16 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 17 See APO and Service Final Rule. briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Assessment Rates Upon completion of this administrative review, pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review.18 For Suncity Sheets, whose weightedaverage dumping margin is not zero or de minimis (i.e., less than 0.50 percent), we will calculate importer-specific ad valorem AD 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 in accordance with 19 CFR 351.212(b)(1). If the respondent has not reported entered values, we will calculate a per-unit assessment rate for each importer by dividing the total amount of dumping calculated for the examined sales made to that importer by the total quantity associated with those sales. To determine whether an importer-specific, per-unit assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also will calculate an importer-specific ad valorem ratio based on estimated entered values. If Suncity Sheet’s final weighted-average dumping margin is zero or de minimis, or an importerspecific ad valorem assessment rate is zero or de minimis, we intend to instruct CBP to liquidate appropriate entries without regard to antidumping duties.19 In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by Suncity Sheets for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate in the original less-than-fair-value (LTFV) investigation (i.e., 8.35 percent) if there is no rate for the intermediate company(ies) involved in the transaction.20 13 See khammond on DSK9W7S144PROD with NOTICES 14 See VerDate Sep<11>2014 18:12 Dec 12, 2024 Jkt 265001 18 See 19 CFR 351.212(b)(1). 19 CFR 351.106(c)(2); see also Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012). 20 See Order, 81 FR at 81063; see also Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 19 See PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 For the companies listed above for which this review is being rescinded, antidumping duties shall be assessed on entries at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP for the rescinded companies no earlier than 35 days after the date of publication of this notice in the Federal Register. 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.21 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 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 each specific company listed above 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 rates will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the producer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash 21 See E:\FR\FM\13DEN1.SGM section 751(a)(2)(C) of the Act. 13DEN1 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices deposit rate for all other producers or exporters will continue to be the allothers rate established in the LTFV investigation (i.e., 8.35 percent).22 These cash deposit requirements, when imposed, shall remain in effect until further notice. Final Results of Review Unless otherwise extended, we intend to issue the final results of this administrative review, which will include the results of our analysis of all issues raised 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).23 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 and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties. Notification to Interested Parties We are issuing and publishing these preliminary results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 19 CFR 351.221(b)(4). Dated: December 6, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix khammond on DSK9W7S144PROD with NOTICES List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Partial Rescission of Review V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2024–29327 Filed 12–12–24; 8:45 am] BILLING CODE 3510–DS–P 22 See Order, 81 FR at 81063. section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h). 23 See VerDate Sep<11>2014 18:12 Dec 12, 2024 Jkt 265001 DEPARTMENT OF COMMERCE International Trade Administration [C–489–819] Steel Concrete Reinforcing Bar From the Republic of Türkiye: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of steel concrete reinforcing bar (rebar) from the Republic of Türkiye (Türkiye) during the period of review (POR) January 1, 2022, through December 31, 2022. Additionally, Commerce is rescinding this review with respect to six companies. Interested parties are invited to comment on these preliminary results. AGENCY: Applicable December 13, 2024. Ajay Menon, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0208. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: Background On November 6, 2014, Commerce published in the Federal Register the countervailing duty (CVD) order on rebar from Türkiye.1 On November 2, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order for the POR.2 On December 29, 2023, Commerce published the notice of the initiation of this administrative review in the Federal Register.3 On July 11, 2024, Commerce extended the time period for issuing these preliminary results by 117 days, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).4 On July 22, 2024, Commerce 1 See Steel Concrete Reinforcing Bar from the Republic of Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) (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 75270 (November 2, 2023). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 90168 (December 29, 2023). 4 See Memorandum, ‘‘Steel Concrete Reinforcing Bar from the Republic of Türkiye: Extension of PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 100957 tolled certain deadlines in this administrative proceeding by seven days.5 On November 22, 2024, Commerce extended the time period for issuing these preliminary results by an additional three days.6 The deadline for these preliminary results is now December 6, 2024. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.7 A list of topics included in the Preliminary Decision Memorandum is provided in the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Order The merchandise covered by the Order is rebar from Türkiye. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, i.e., a financial contribution that gives rise to a benefit to the recipient, and the subsidy is specific.8 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Deadline for Preliminary Results of 2022 Countervailing Duty Administrative Review,’’ dated July 11, 2024. 5 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 6 See Memorandum, ‘‘Steel Concrete Reinforcing Bar from Türkiye: Second Extension of Deadline for Preliminary Results of 2022 Countervailing Duty Administrative Review,’’ dated November 22, 2024. 7 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Steel Concrete Reinforcing Bar from the Republic of Türkiye; 2022,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100954-100957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29327]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-867]


Welded Stainless Pressure Pipe From India: Preliminary Results 
and Partial Rescission of Antidumping Duty Administrative Review; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Suncity Sheets Pvt., Ltd. (Suncity Sheets) made sales of welded 
stainless pressure pipe (WSPP) from India at less than normal value 
(NV) in the United States during the period of review (POR), November 
1, 2022, through October 31, 2023. Additionally, Commerce is rescinding 
this administrative review with respect to certain companies. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 13, 2024.

FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1009.

SUPPLEMENTARY INFORMATION:

Background

    On November 17, 2016, Commerce published the antidumping duty (AD) 
order on WSPP from India in the Federal Register.\1\ On November 2, 
2023, Commerce published a notice of opportunity to request an 
administrative review of the Order.\2\ On December 29, 2023, based on 
timely requests for review, in accordance with section 751(a)(1) of the 
Tariff Act of 1930, as

[[Page 100955]]

amended (the Act), and 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the Order covering five companies.\3\ On 
February 16, 2024, we selected Seth Steelage Pvt. Ltd. (Seth Steelage) 
and Suncity Sheets as the mandatory respondents in this administrative 
review.\4\ On March 4, 2024, Seth Steelage timely withdrew its request 
for review.\5\ On July 22, 2024, Commerce tolled certain deadlines in 
this administrative proceeding by seven days.\6\ Pursuant to section 
751(a)(3)(A) of the Act, on August 5, 2024, Commerce extended the 
deadline for the preliminary results until December 6, 2024.\7\
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    \1\ See Welded Stainless Pressure Pipe from India: Antidumping 
and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016) 
(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 75270 (November 
2, 2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation 
Notice).
    \4\ See Memorandum, ``Respondent Selection,'' dated February 16, 
2024, at 1.
    \5\ See Seth Steelage's Letter, ``Withdrawal Request for 
Administrative Review of Anti-Dumping Duty of Seth Steelage Private 
Limited,'' dated March 4, 2024 (Seth Steelage's Withdrawal Letter).
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \7\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of Antidumping Duty Administrative Review,'' dated August 5, 
2024.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\8\ A 
list of topics included in the Preliminary Decision Memorandum is 
included in the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Welded Stainless Pressure Pipe from India; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the scope of the Order is WSPP from 
India. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Act. Export price is calculated in accordance with 
section 772 of the Act. Normal value 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.

Rescission of Administrative Review, In Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Seth Steelage, Ratnamani 
Metals & Tubes Ltd. (Ratnamani), and Prakash Steelage Ltd (PSL) timely 
withdrew the requests for review for each company.\9\ No other parties 
requested an administrative review of Seth Steelage, Ratnamani, and 
PSL. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is 
rescinding this administrative review with respect to Seth Steelage, 
Ratnamani, and PSL.
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    \9\ See Ratnamani's Letter, ``Withdrawal Request for 
Administrative Review of Antidumping Duty of Ratnamani Metals & 
Tubes Ltd.,'' dated March 1, 2024; see also PSL's Letter, 
``Withdrawal Request for Administrative Review of Anti-Dumping Duty 
of Prakash Steelage Ltd,'' dated March 4, 2024, and Seth Steelage's 
Withdrawal Letter.
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Remaining Firms Subject to the Review

    Pursuant to the above-referenced rescission, two firms listed in 
the Initiation Notice remain under review: Suncity Sheets and Suncity 
Metals and Tubes Private Limited (Suncity Metals). In Suncity Sheet's 
initial request for review, it identified that ``Suncity {Sheets Pvt., 
Ltd.{time}  exported and entered into the U.S. subject merchandise in 
the POR . . . since Suncity {Sheets Pvt., Ltd.{time}  exported the 
subject merchandise, it changed its name from Suncity Sheets Pvt., 
Ltd., to Suncity Metals and Tubes Private Limited. Therefore, it is 
requesting a review of both companies.'' \10\ This fact pattern is 
confirmed by the U.S. Customs and Border Protection (CBP) entry data 
released to the record for the purposes of respondent selection, which 
identifies Suncity Sheets as the exporter of entries during the POR and 
Suncity Metals with no attributable entries in the period.\11\ As 
Suncity Sheets was selected as the mandatory respondent for individual 
review and reflects the sole firm with entries during the period not 
otherwise rescinded upon, these preliminary results apply only Suncity 
Sheets.
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    \10\ See Suncity Sheet's Letter, ``Request for Administrative 
Review of Suncity Metals and Tubes Private Limited and/or Suncity 
Sheets Pvt., Ltd.,'' dated November 30, 2023.
    \11\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Enny Data,'' dated January 4, 2024.
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    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), 
when Commerce receives information concerning, or a request from an 
interested party for a review of, an order which shows changed 
circumstances sufficient to warrant a review of such order after 
publishing notice of the review in the Federal Register, Commerce shall 
conduct a review of the determination based on those changed 
circumstances. Commerce has used changed circumstance reviews (CCRs) to 
consider the applicability of cash deposit rates after there have been 
changes in the name or the structure of a respondent, such as a merger 
or spinoff (successor-in-interest, or successorship, determinations). 
Commerce has also made successor-in-interest determinations in the 
context of administrative reviews and investigations.\12\
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    \12\ See, e.g., Certain Frozen Warmwater Shrimp from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2018-
2019, 85 FR 83891 (December 23, 2020), and accompanying Issues and 
Decision Memorandum at Comment 3.
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    Based on Suncity Sheets's identification of Suncity Metals as the 
successor to Suncity Sheets, Commerce finds it appropriate to conduct a 
successor-in-interest analysis to determine the status of Suncity 
Metals in this review. However, because the record currently lacks 
sufficient information regarding the name change identified to allow 
for a complete analysis at present, we hereby notify parties of our 
intent to seek more information about the name change from Suncity 
Sheets to Suncity Metals in the post-preliminary stage, with the intent 
to conduct a successor in interest determination for purposes of the 
final results of administrative review.

Preliminary Results of Review

    We preliminarily determine the following estimated weighted-average 
dumping margin exists for the period November 1, 2022, through October 
31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Suncity Sheets Pvt., Ltd...................................       56.39
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations and analysis performed for 
these preliminary results to interested parties

[[Page 100956]]

within five days of any public announcement or, if there is no public 
announcement, within five days after the date of publication of this 
notice in the Federal Register in accordance with 19 CFR 351.224(b).
    Commerce will announce the briefing schedule to interested parties 
at a later date. Interested parties may submit case briefs on the 
deadline that Commerce will announce.\13\ 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.\14\ 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.\15\
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    \13\ See 19 CFR 351.309 (c)(1)(ii) and (d)(2).
    \14\ See 19 CFR 351.309(d)(1); 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).
    \15\ See 19 351.309(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.\16\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not 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).\17\
---------------------------------------------------------------------------

    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    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 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants and whether any 
participant is a foreign natioanl; 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. An electronically filed hearing request 
must be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after 
the date of publication of this notice.

Assessment Rates

    Upon completion of this administrative review, pursuant to section 
751(a)(2)(A) of the Act, Commerce shall determine, and CBP shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise covered by this review.\18\
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    \18\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For Suncity Sheets, whose weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.50 percent), we will calculate 
importer-specific ad valorem AD 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 in accordance with 
19 CFR 351.212(b)(1). If the respondent has not reported entered 
values, we will calculate a per-unit assessment rate for each importer 
by dividing the total amount of dumping calculated for the examined 
sales made to that importer by the total quantity associated with those 
sales. To determine whether an importer-specific, per-unit assessment 
rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also 
will calculate an importer-specific ad valorem ratio based on estimated 
entered values. If Suncity Sheet's final weighted-average dumping 
margin is zero or de minimis, or an importer-specific ad valorem 
assessment rate is zero or de minimis, we intend to instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\19\
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    \19\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
---------------------------------------------------------------------------

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Suncity 
Sheets for which it did not know that the merchandise was destined for 
the United States, we will instruct CBP to liquidate such entries at 
the all-others rate in the original less-than-fair-value (LTFV) 
investigation (i.e., 8.35 percent) if there is no rate for the 
intermediate company(ies) involved in the transaction.\20\
---------------------------------------------------------------------------

    \20\ See Order, 81 FR at 81063; see also Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the companies listed above for which this review is being 
rescinded, antidumping duties shall be assessed on entries at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
assessment instructions to CBP for the rescinded companies no earlier 
than 35 days after the date of publication of this notice in the 
Federal Register.
    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.\21\
---------------------------------------------------------------------------

    \21\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    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 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 each specific 
company listed above 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 rates will be zero; (2) for previously reviewed or investigated 
companies not participating in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the producer or 
exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original investigation but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash

[[Page 100957]]

deposit rate for all other producers or exporters will continue to be 
the all-others rate established in the LTFV investigation (i.e., 8.35 
percent).\22\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \22\ See Order, 81 FR at 81063.
---------------------------------------------------------------------------

Final Results of Review

    Unless otherwise extended, we intend to issue the final results of 
this administrative review, which will include the results of our 
analysis of all issues raised 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).\23\
---------------------------------------------------------------------------

    \23\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
---------------------------------------------------------------------------

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 and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of doubled antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213(h)(2), and 19 CFR 351.221(b)(4).

    Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-29327 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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