[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Pages 44860-44861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16075]
[[Page 44860]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-502]
Certain Welded Carbon Steel Standard Pipes and Tubes From India:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
the sole producer/exporter subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR) May 1, 2018 through April 30, 2019. We invite
interested parties to comment on these preliminary results.
DATES: Applicable July 24, 2020.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, Office I, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-5760.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on certain welded carbon steel standard pipes and tubes
(pipes and tubes) from India. Commerce extended the time limit for the
preliminary results of this review to May 29, 2020, in accordance with
section 751(a)(3)(A) of The Tariff Act of 1930, as amended (the
Act).\1\ Commerce tolled all deadlines in administrative reviews by 50
days, thereby extending the deadline for the preliminary results of
this administrative review to July 20, 2020.\2\
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\1\ See Memorandum, ``Certain Welded Carbon Steel Standard Pipes
and Tubes from India: Extension of Deadline for Preliminary Results
of Antidumping Duty Administrative Review,'' dated January 13, 2020.
\2\ See Memorandum ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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We initiated this administrative review with respect to 29
companies.\3\ On December 31, 2019, we rescinded this administrative
review with respect to 28 companies.\4\ Garg Tube is the sole remaining
respondent in this administrative review.\5\
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739, 33741 (July 15, 2019).
\4\ See Welded Carbon Steel Standard Pipes and Tubes from India:
Rescission of Antidumping Duty Administrative Review, in Part; 2018-
2019, 84 FR 72298 (December 31, 2019).
\5\ Consistent with the last administrative review, we continue
to treat Garg Tube Export LLP and Garg Tube Limited as a single
collapsed entity and refer to this single entity as Garg Tube. See
Memorandum, ``Certain Welded Carbon Steel Standard Pipes and Tubes
from India: Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated
concurrently with and hereby adopted by this notice (Preliminary
Decision Memorandum) at 2, n.6.
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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 Preliminary Decision Memorandum.
Methodology
Commerce conducted 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 our
conclusions, see Preliminary Decision Memorandum. 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 http://access.trade.gov. In addition,
a complete version of the Preliminary Decision Memorandum can be found
at http://enforcement.trade.gov/frn/index.html. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an appendix to this notice.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2018 through April 30,
2019.
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Garg Tube Export LLP and Garg Tube Limited (collectively 8.42
Garg Tube)................................................
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
administrative review within five days after public announcement of the
preliminary results in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not 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 seven days after the date for filing case
briefs.\6\ Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\7\ 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.\8\
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\6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect).'').
\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\8\ See 19 CFR 351.303 (for general filing requirements).
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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
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. 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.\9\ If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined.
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\9\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review,
[[Page 44861]]
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, unless extended, pursuant to section 751(a)(3)(A) of
the Act.
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. If a respondent's weighted-average
dumping margin is not zero or de minimis in the final results of this
review, then we will calculate importer-specific antidumping duty
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 such sales in accordance with 19 CFR
351.212(b)(1).\10\ If Garg Tube's weighted-average dumping margin is
zero or de minimis in the final results of review, or if an importer-
specific antidumping duty assessment rate is zero or de minimis, we
will instruct CBP to liquidate appropriate entries without regards to
antidumping duties.\11\
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\10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\11\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by Garg
Tube for which it did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed
entries.\12\
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\12\ 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 the final results of this review. The final results of
this administrative review shall be the basis for the assessment of
antidumping duties on entries of merchandise under review and for
future cash deposits of estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of pipes and tubes 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 company-specific weighted-average dumping margin
established in the final results of the review; (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 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
is, 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 be
the all-others rate established in the less-than-fair-value
investigation for this proceeding, 7.08 percent.\13\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\13\ See Antidumping Duty Order; Certain Welded Carbon Steel
Standard Pipes and Tubes from India, 51 FR 17384, 17385 (May 12,
1986).
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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 review period. 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 to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.
Dated: July 20, 2020.
Jeffrey I. Kessler,
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. 2020-16075 Filed 7-23-20; 8:45 am]
BILLING CODE 3510-DS-P