[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2715-2717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00641]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-502]
Welded Carbon Steel Standard Pipes and Tubes From India: Final
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producers/exporters subject to this review made sales of subject
merchandise in the United States at less than normal value during the
period of review (POR) May 1, 2017 through April 30, 2018.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.
SUPPLEMENTARY INFORMATION:
[[Page 2716]]
Background
On July 16, 2019, Commerce published the Preliminary Results of the
2017-2018 administrative review of the antidumping duty order on welded
carbon steel standard pipes and tubes (pipe and tube) from India.\1\
The administrative review covers 27 producers or exporters of the
subject merchandise. We invited interested parties to comment on the
Preliminary Results and received case and rebuttal briefs from
interested parties.\2\ On October 24, 2019, Commerce extended the
deadline for the final results by 57 days to January 9, 2020.\3\
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\1\ See Welded Carbon Steel Standard Pipes and Tubes from India:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 33916 (July 16, 2019) (Preliminary Results) and
accompanying Decision Memorandum (Preliminary Decision Memorandum).
\2\ See Independence Tube Corporation and Southland Tube,
Incorporated's (collectively, the domestic interested parties (i.e.,
DIPs)) Letter, ``Certain Welded Carbon Steel Standard Pipes and
Tubes from India: Case Brief,'' dated August 27, 2019; see also Garg
Tube Export LLP and Garg Tube Limited's (collectively, Garg Tube)
Letter, ``Garg Tube's Administrative Case Brief: Administrative
Review of the Antidumping Duty Order on Certain Welded Carbon Steel
Standard Pipes and Tubes from India,'' dated August 27, 2019; DIPs'
Letter, ``Certain Welded Carbon Steel Standard Pipes and Tubes from
India: Rebuttal Brief,'' dated September 3, 2019; and Garg Tube's
Letter, ``Garg Tube's Rebuttal Brief: Administrative Review of the
Antidumping Duty Order on Certain Welded Carbon Steel Standard Pipes
and Tubes from India,'' dated September 3, 2019.
\3\ See Memorandum, ``Welded Carbon Steel Standard Pipes and
Tubes from India: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated October 24, 2019.
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Commerce conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order is pipe and tube. The pipe and
tube subject to the order is currently classifiable under subheadings
7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055,
7306.30.5085, 7306.30.5090 of the Harmonized Tariff Schedule of the
United States (HTSUS). While the HTSUS subheadings are provided for
convenience and customs purposes, the written description is
dispositive. A full description of the scope of the order is contained
in the Issues and Decision Memorandum.\4\
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\4\ See Memorandum, ``Welded Carbon Steel Standard Pipes and
Tubes from India: Issues and Decision Memorandum for the Final
Results of Antidumping Duty Administrative Review; 2017/18'' dated
concurrently with, and hereby adopted by this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Issues and Decision Memorandum. The
Issues and 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 http://access.trade.gov, and
ACCESS is available to all parties in the Central Records Unit, Room
B8024 of the main Commerce building. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly on the
Enforcement and Compliance website at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic
version of the Issues and Decision Memorandum are identical in content.
A list of the topics discussed in the Issues and Decision Memorandum is
attached as an Appendix to this notice.
Changes Since the Preliminary Results
Based on the comments received we made changes for these final
results which are enumerated in the Issues and Decision Memorandum.
Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the period May 1, 2017 through April 30, 2018.
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Weighted-average
Producer or exporter dumping margin
(percent)
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Apl Apollo Tubes Limited............................. 87.39
Garg Tube Export LLP and Garg Tube Limited 11.83
(collectively Garg Tube)............................
Asian Contec Ltd..................................... 11.83
Bhandari Foils & Tubes Ltd........................... 11.83
Bhushan Steel Ltd.................................... 11.83
Blue Moon Logistics Pvt. Ltd......................... 11.83
CH Robinson Worldwide................................ 11.83
Ess-Kay Engineers.................................... 11.83
Manushi Enterprise................................... 11.83
Nishi Boring Corporation............................. 11.83
Fiber Tech Composite Pvt. Ltd........................ 11.83
GCL Private Limited.................................. 11.83
Goodluck India Ltd................................... 11.83
GVN Fuels Ltd........................................ 11.83
Hydromatik........................................... 11.83
Jindal Quality Tubular Ltd........................... 11.83
KLT Automatic & Tubular Products Ltd................. 11.83
Lloyds Line Pipes Ltd................................ 11.83
MARINEtrans India Private Ltd........................ 11.83
Patton International Ltd............................. 11.83
SAR Transport Systems Pvt. Ltd....................... 11.83
Surya Global Steel Tubes Ltd......................... 11.83
Surya Roshni Ltd..................................... 11.83
Welspun India Ltd.................................... 11.83
Zenith Birla (India) Ltd............................. 11.83
Zenith Birla Steels Private Ltd...................... 11.83
Zenith Dyeintermediates Ltd.......................... 11.83
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[[Page 2717]]
Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days
after the date of publication of the final results, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
For Garg Tube, we calculated importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of those
sales in accordance with 19 CFR 351.212(b)(1).\5\ Where an importer-
specific assessment rate is de minimis (i.e., less than 0.5 percent),
the entries by that importer will be liquidated without reference to
antidumping duties. For entries of Garg Tube's merchandise during the
period of review for which it did not know the merchandise was destined
for the United States, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
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\5\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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For Apl Apollo Tubes Limited \6\ and the 25 companies which were
not selected for individual examination,\7\ we will instruct CBP to
assess antidumping duties at a rate equal to each company's weighted-
average dumping margin in these final results of review.
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\6\ The rate for this company was determined on the basis of
facts otherwise available with an adverse inference. See Preliminary
Decision Memorandum, section ``Application of Facts Available with
an Adverse Inference,'' uncontested and unchanged in these final
results.
\7\ These companies are Asian Contec Ltd., Bhandari Foils &
Tubes Ltd., Bhushan Steel Ltd., Blue Moon Logistics Pvt. Ltd., CH
Robinson Worldwide, Ess-Kay Engineers, Manushi Enterprise, Nishi
Boring Corporation, Fiber Tech Composite Pvt. Ltd., GCL Private
Limited, Goodluck India Ltd., GVN Fuels Ltd., Hydromatik, Jindal
Quality Tubular Ltd., KLT Automatic & Tubular Products Ltd., Lloyds
Line Pipes Ltd., MARINEtrans India Private Ltd., Patton
International Ltd., SAR Transport Systems Pvt. Ltd., Surya Global
Steel Tubes Ltd., Surya Roshni Ltd., Welspun India Ltd., Zenith
Birla (India) Ltd., Zenith Birla Steels Private Ltd., and Zenith
Dyeintermediates Ltd.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\8\
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\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue liquidation instructions to CBP 15 days after
publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of this notice for all shipments of
pipe and tube from India entered, or withdrawn from warehouse, for
consumption on or after the date of publication as provided by section
751(a)(2) of the Act: (1) The cash deposit rate for companies subject
to this review will be equal to the weighted-average dumping margin
established in the final results of the review; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published in
the completed segment for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation but the producer has been covered in a prior completed
segment of this proceeding, then the cash deposit rate will be the rate
established in the completed segment for the most recent period for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 7.08 percent, the all-others
rate established in the less-than-fair-value investigation for this
proceeding.\9\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ See Antidumping Duty Order; Certain Welded Carbon Steel
Standard Pipes and Tubes from India, 51 FR 17384 (May 12, 1986).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
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
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: January 9, 2020.
Jeffrey I. Kessler,
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
VI. Recommendation
[FR Doc. 2020-00641 Filed 1-15-20; 8:45 am]
BILLING CODE 3510-DS-P