[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Pages 31742-31743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11325]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-873]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Notice of Court Decision Not in Harmony With Final
Determination of Sales at Less Than Fair Value; Notice of Amended Final
Determination Pursuant to Court Decision; and Notice of Revocation of
Antidumping Duty Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 30, 2020, the United States Court of International
Trade (the CIT) sustained the final results of redetermination
pertaining to the less-than-fair-value (LTFV) investigation of certain
cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn
mechanical tubing) from India. The Department of Commerce (Commerce) is
notifying the public that the final judgment in this case is not in
harmony with the final determination in the LTFV investigation, and
that Commerce is amending the final determination and resulting
antidumping duty (AD) order with respect to the dumping margin assigned
to Goodluck India Limited (Goodluck). We are also revoking the AD
order, in part, with respect to Goodluck.
DATES: Applicable May 10, 2020.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, 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) 482-4047.
SUPPLEMENTARY INFORMATION:
Background
On April 16, 2018, Commerce published its Final Determination in
the LTFV investigation of cold-drawn mechanical tubing from India.\1\
In the Final Determination, Commerce applied a rate based on adverse
facts available to Goodluck after finding that the company failed to
accurately report product ``control numbers'' in its home market sales
and cost of production databases.\2\ Although Goodluck attempted to
submit new databases at the start of verification of Goodluck's
questionnaire responses, Commerce declined to accept the revised
information, determining that such a revision did not constitute a
``minor correction.'' \3\ On June 11, 2018, Commerce published its AD
order on cold-drawn mechanical tubing from India.\4\
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\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from India: Final Affirmative Determination of Sales at Less
than Fair Value, 83 FR 16296 (April 16, 2018) (Final Determination)
and accompanying Issues and Decision Memorandum (IDM).
\2\ See IDM at Comments 1 and 2.
\3\ Id. at Comment 1.
\4\ 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) (AD Order).
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On August 13, 2019, the CIT remanded the Final Determination to
Commerce and instructed Commerce to consider the revised databases
provided
[[Page 31743]]
by Goodluck.\5\ On remand, and under respectful protest, Commerce
issued its final results of redetermination in accordance with the
Court's order.\6\ In calculating an AD margin for Goodluck, Commerce
relied on the corrections provided by Goodluck. On April 30, 2020, the
CIT sustained Commerce's Final Remand Redetermination.\7\
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\5\ See Goodluck India Limited v. United States, Court No. 18-
00162, Slip Op. 19-110 (CIT August 13, 2019) (Remand Order).
\6\ See Final Results of Redetermination Pursuant to Court
Remand, Goodluck India Limited v. United States, Court No. 18-00162,
Slip Op. 19-110 (CIT August 13, 2019), dated December 23, 2019
(Final Remand Redetermination).
\7\ See Goodluck India Limited v. United States, Court No. 18-
00162, Slip Op. 20-57 (CIT April 30, 2020).
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Timken Notice
In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant
to section 516A of the Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of a court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's April 30,
2020 judgment sustaining the Final Remand Redetermination constitutes a
final decision of the CIT that is not in harmony with Commerce's Final
Determination. This notice is published in fulfillment of the
publication requirements of Timken.
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\8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\9\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court decision, Commerce is amending
its Final Determination with respect to Goodluck.\10\ Goodluck's
revised dumping margin is as follows:
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\10\ For purposes of this notice, the all-others rate for the AD
Order will not be amended. Section 735(c)(5)(A) of the Act provides
that the estimated all-others rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero or de minimis margins, and any margins determined
entirely under section 776 of the Act. As discussed above,
Goodluck's margin has been changed from a rate determined entirely
under section 776 of the Act to zero. Therefore, Tube Products of
India, Ltd. a unit of Tube Investments of India Limited
(collectively, TPI) remains the only respondent in the underlying
investigation for which Commerce calculated a company-specific rate
which is not zero, de minimis or based entirely on facts available.
As a result, pursuant to section 735(c)(5)(A) of the Act, the
weighted-average dumping margin calculated for TPI continues to be
the estimated weighted-average dumping margin assigned to all other
producers and exporters of the merchandise under consideration. See
Final Determination, 83 FR at 16296-97; AD Order, 83 FR at 26964.
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Weighted-
average
Producer and exporter dumping
margin
(percent)
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Goodluck India Limited..................................... 0.00
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Partial Exclusion from Antidumping Duty Order
Pursuant to section 735(a)(4) of the Act, Commerce ``shall
disregard any weighted average dumping margin that is de minimis as
defined in section 733(b)(3) of the Act.'' \11\ Furthermore, section
735(c)(2) of the Act states that ``the investigation shall be
terminated upon publication of that negative determination'' and
Commerce shall ``terminate the suspension of liquidation'' and
``release any bond or other security, and refund any cash deposit.''
\12\ As a result of this amended final determination, in which Commerce
has calculated an estimated weighted-average dumping margin of 0.00
percent for Goodluck, Commerce is hereby excluding merchandise produced
and exported by Goodluck from the AD Order. Accordingly, Commerce will
direct U.S. Customs and Border Protection (CBP) to release any bonds or
other security and refund cash deposits pertaining to any suspended
entries from Goodluck. Pursuant to Timken, the suspension of
liquidation must continue during the pendency of the appeals process.
Additionally, we will instruct CBP to suspend liquidation of all
unliquidated entries from Goodluck at a cash deposit rate of 0.00
percent which are entered, or withdrawn from warehouse, for consumption
on or after May 10, 2020, which is ten days after the CIT's final
decision, in accordance with section 516A of the Act.\13\ In the event
the CIT's ruling is not appealed, or if appealed and upheld by the
CAFC, Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate entries produced and exported by Goodluck
without regard to antidumping duties.
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\11\ Section 733(b)(3) of the Act defines de minimis dumping
margin as ``less than 2 percent ad valorem or the equivalent
specific rate for the subject merchandise.''
\12\ See sections 735(c)(2)(A) and (B) of the Act.
\13\ See, e.g., Drill Pipe from the People's Republic of China:
Notice of Court Decision Not in Harmony with International Trade
Commission's Injury Determination, Revocation of Antidumping and
Countervailing Duty Orders Pursuant to Court Decision, and
Discontinuation of Countervailing Duty Administrative Review, 79 FR
78037, 78038 (December 29, 2014); High Pressure Steel Cylinders From
the People's Republic of China: Notice of Court Decision Not in
Harmony With Final Determination in Less Than Fair Value
Investigation, Notice of Amended Final Determination Pursuant to
Court Decision, Notice of Revocation of Antidumping Duty Order in
Part, and Discontinuation of Fifth Antidumping Duty Administrative
Review, 82 FR 46758, 46760 (October 6, 2017).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c)(1) and (e) of the Act.
Dated: May 19, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-11325 Filed 5-26-20; 8:45 am]
BILLING CODE 3510-DS-P