Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Germany, India, Italy, the People's Republic of China, the Republic of Korea, and Switzerland: Continuation of Antidumping Duty Orders and Countervailing Duty Orders
| Published date | 23 February 2024 |
| Record Number | 2024-03684 |
| Citation | 89 FR 13687 |
| Court | International Trade Administration |
| Section | Notices |
Federal Register, Volume 89 Issue 37 (Friday, February 23, 2024)
[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13687-13688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03684]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-845, A-533-873, A-475-838, A-570-058, A-580-892, A-441-801, C-
533-874, C-570-059]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From Germany, India, Italy, the People's Republic of China, the
Republic of Korea, and Switzerland: Continuation of Antidumping Duty
Orders and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders on certain cold-
drawn mechanical tubing of carbon and alloy steel (cold-drawn
mechanical tubing) from the Federal Republic of Germany (Germany),
India, Italy, the People's Republic of China (China), the Republic of
Korea (Korea), and Switzerland, and the countervailing duty (CVD)
orders on cold-drawn mechanical tubing from India and China would
likely lead to a continuation or recurrence of dumping, countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD and CVD
orders.
DATES: Applicable February 14, 2024.
FOR FURTHER INFORMATION CONTACT: Emily Halle or Brendan Quinn, AD/CVD
Operations, Office V and Office III, respectively, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-0176 or (202) 482-2923, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2018, Commerce published in the Federal Register the
CVD orders on cold-drawn mechanical tubing from India and China, and on
June 11, 2018, Commerce published in the Federal Register and the AD
orders on cold-drawn mechanical tubing from Germany, India, Italy,
China, Korea, and Switzerland.\1\ On January 3, 2023, the ITC
instituted,\2\ and Commerce initiated,\3\ the first sunset review of
the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its reviews, Commerce determined that
revocation of the Orders would likely lead to continuation or
recurrence of dumping and/or countervailable subsidies, and therefore,
notified the ITC of the magnitude of the margins of dumping and net
countervailable subsidy rates likely to prevail should the Orders be
revoked.\4\
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\1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
Steel from the People's Republic of China and India: Countervailing
Duty Orders, 83 FR 4637 (February 1, 2018); 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) (collectively, Orders).
\2\ See Cold-Drawn Mechanical Tubing from China, Germany, India,
Italy, South Korea, and Switzerland; Institution of Five-Year
Reviews, 88 FR 114 (January 1, 2023).
\3\ See Initiation of Five-Year (Sunset) Review, 88 FR 63, 64
(January 3, 2023).
\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: Final
Results of the Expedited First Sunset Review of the Antidumping Duty
Orders, 88 FR 16587 (March 20, 2023); see also Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from the People's
Republic of China: Final Results of Expedited First Sunset Review of
Antidumping Duty Order, 88 FR 19612 (April 3, 2023) (while the title
of this Federal Register notice indicates the AD order, this Federal
Register notices is in fact for the CVD order); and Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Final
Results of the Expedited First Sunset Review of the Countervailing
Duty Order, 88 FR 24386 (April 20, 2023).
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On February 14, 2024, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Cold-Drawn Mechanical Tubing from China, Germany, India,
Italy, South Korea, and Switzerland, 89 FR 11315 (February 14,
2024).
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Scope of the Orders
The scope of the Orders covers cold-drawn mechanical tubing of
circular cross-section, 304.8 mm or more in length, in actual outside
diameters less than 331 mm, and regardless of wall thickness, surface
finish, end finish or industry specification. The subject cold-drawn
mechanical tubing is a tubular product with a circular cross-sectional
shape that has been cold-drawn or otherwise cold-finished after the
initial tube formation in a manner that involves a change in the
diameter or wall thickness of the tubing, or both. The subject cold-
drawn mechanical tubing may be produced from either welded (e.g.,
electric resistance welded, continuous welded, etc.) or seamless
[[Page 13688]]
(e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel
tubular products. It may also be heat treated after cold working. Such
heat treatments may include, but are not limited to, annealing,
normalizing, quenching and tempering, stress relieving or finish
annealing. Typical cold-drawing methods for subject merchandise
include, but are not limited to, drawing over mandrel, rod drawing,
plug drawing, sink drawing and similar processes that involve reducing
the outside diameter of the tubing with a die or similar device,
whether or not controlling the inside diameter of the tubing with an
internal support device such as a mandrel, rod, plug or similar device.
Other cold-finishing operations that may be used to produce subject
merchandise include cold-rolling and cold-sizing the tubing.
Subject cold-drawn mechanical tubing is typically certified to meet
industry specifications for cold-drawn tubing including but not limited
to:
(1) American Society for Testing and Materials (ASTM) or
American Society of Mechanical Engineers (ASME) specifications ASTM
A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4
(ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-
513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);
(2) SAE International (Society of Automotive Engineers)
specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467,
SAE J2435, SAE J2613;
(3) Aerospace Material Specification (AMS) AMS T-6736 (AMS
6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361,
AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
(4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-
6736;
(5) foreign standards equivalent to one of the previously listed
ASTM, ASME, SAE, AMS or MIL specifications including but not limited
to:
(a) German Institute for Standardization (DIN) specifications
DIN 2391-2, DIN 2393-2, DIN 2394-2);
(b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4,
EN 10305-6 and European national variations on those standards
(e.g., British Standard (BS EN), Irish Standard (IS EN) and German
Standard (DIN EN) variations, etc.);
(c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G
3445; and
(6) proprietary standards that are based on one of the above-
listed standards.
The subject cold-drawn mechanical tubing may also be dual or
multiple certified to more than one standard. Pipe that is multiple
certified as cold-drawn mechanical tubing and to other specifications
not covered by this scope, is also covered by the scope of these Orders
when it meets the physical description set forth above.
Steel products included in the scope of these Orders are products
in which: (1) iron predominates, by weight, over each of the other
contained elements; and (2) the carbon content is 2 percent or less by
weight.
For purposes of these scopes, the place of cold-drawing determines
the country of origin of the subject merchandise. Subject merchandise
that is subject to minor working in a third country that occurs after
drawing in one of the subject countries including, but not limited to,
heat treatment, cutting to length, straightening, nondestructive
testing, deburring or chamfering, remains within the scope of the
Orders.
All products that meet the written physical description are within
the scope of the Orders unless specifically excluded or covered by the
scope of an existing order. Merchandise that meets the physical
description of cold-drawn mechanical tubing above is within the scope
of the Orders even if it is also dual or multiple certified to an
otherwise excluded specification listed below. The following products
are outside of, and/or specifically excluded from, the scope of these
Orders:
(1) Cold-drawn stainless steel tubing, containing 10.5 percent
or more of chromium by weight and not more than 1.2 percent of
carbon by weight;
(2) products certified to one or more of the ASTM, ASME or
American Petroleum Institute (API) specifications listed below:
ASTM A-53;
ASTM A-106;
ASTM A-179 (ASME SA 179);
ASTM A-192 (ASME SA 192);
ASTM A-209 (ASME SA 209);
ASTM A-210 (ASME SA 210);
ASTM A-213 (ASME SA 213);
ASTM A-334 (ASME SA 334);
ASTM A-423 (ASME SA 423);
ASTM A-498;
ASTM A-496 (ASME SA 496);
ASTM A-199;
ASTM A-500;
ASTM A-556;
ASTM A-565;
API 5L; and
API 5CT
except that any cold-drawn tubing product certified to one of the above
excluded specifications will not be excluded from these scopes if it is
also dual- or multiple-certified to any other specification that
otherwise would fall within the scope of these Orders.
The products subject to these Orders are currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005,
7304.51.5060, 7306.30.5015, 7306.30.5020, 7306.50.5030. Subject
merchandise may also enter under numbers 7306.30.1000 and 7306.50.1000.
The HTSUS subheadings above are provided for convenience and customs
purposes only. The written description of the scope of these Orders is
dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or a
recurrence of dumping and/or countervailable subsidies, and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the
continuation of the Orders. U.S. Customs and Border Protection will
continue to collect AD and CVD cash deposits at the rates in effect at
the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be
February 14, 2024. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Orders no later than 30 days prior to the fifth anniversary of
the date of the last determination by the ITC.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return, destruction, or conversion to judicial
protective order of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3). Timely written notification of
the return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply is a violation
of the APO which may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: February 16, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-03684 Filed 2-22-24; 8:45 am]
BILLING CODE 3510-DS-P
