Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Final Results of Antidumping Duty Administrative Review; 2017-2019

Citation86 FR 22390
Published date28 April 2021
Record Number2021-08793
SectionNotices
CourtCommerce Department,International Trade Administration
Federal Register, Volume 86 Issue 80 (Wednesday, April 28, 2021)
[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
                [Notices]
                [Pages 22390-22392]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-08793]
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                DEPARTMENT OF COMMERCE
                International Trade Administration
                [A-475-838]
                Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
                From Italy: Final Results of Antidumping Duty Administrative Review;
                2017-2019
                AGENCY: Enforcement and Compliance, International Trade Administration,
                Department of Commerce.
                SUMMARY: The Department of Commerce (Commerce) determines that certain
                cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn
                mechanical tubing) from Italy was sold in the United States at less
                than normal value during the period of review (POR) November 22, 2017,
                through May 31, 2019.
                DATES: Applicable April 28, 2021.
                FOR FURTHER INFORMATION CONTACT: Robert Scully, 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) 482-0572.
                SUPPLEMENTARY INFORMATION:
                [[Page 22391]]
                Background
                 On October 23, 2020, Commerce published the Preliminary Results.\1\
                Commerce extended the deadline for the final results by 60 days on
                January 13, 2021.\2\ The deadline for the final results of this review
                is now April 21, 2021. For a complete description of the events that
                occurred since the Preliminary Results, see the Issues and Decision
                Memorandum.\3\
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                 \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy
                Steel from Italy: Preliminary Results of the Administrative Review
                of the Antidumping Duty Order; 2017-2019, 85 FR 67509 (October 23,
                2020) (Preliminary Results), and accompanying Preliminary Decision
                Memorandum.
                 \2\ See Memorandum, ``Cold-Drawn Mechanical Tubing of Carbon and
                Alloy Steel from Italy: Extension of Deadline for Final Results of
                Antidumping Duty Administrative Review, 2017-2019,'' dated January
                13, 2021.
                 \3\ See Memorandum, ``Issues and Decision Memorandum for the
                Final Results of the 2017-2019 Administrative Review of the
                Antidumping Duty Order on Certain Cold-Drawn Mechanical Tubing of
                Carbon and Alloy Steel from Italy,'' dated concurrently with, and
                hereby adopted by, this notice (Issues and Decision Memorandum).
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                Scope of the Order
                 The products covered by this order are certain cold-drawn
                mechanical tubing of carbon and alloy steel products from Italy. For a
                full description of the scope, see the Issues and Decision Memorandum.
                Analysis of Comments Received
                 All issues raised in the case and rebuttal briefs are addressed in
                the Issues and Decision Memorandum. A list of the issues that parties
                raised and to which we responded in the Issues and Decision Memorandum
                is attached to this notice as an Appendix. The Issues and 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 Issues and Decision Memorandum can be accessed directly
                at http://enforcement.trade.gov/frn/index.html/.
                Changes Since the Preliminary Results
                 Based on a review of the record and comments received from
                interested parties, we made changes to the programming language to
                correct two errors.\4\
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                 \4\ Id. at Comments 3 and 4.
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                Final Results of the Review
                 Commerce determines that the following weighted-average dumping
                margin exists for the period November 22, 2017, through May 31, 2019:
                ------------------------------------------------------------------------
                 Weighted-
                 average
                 Exporter/producer dumping
                 margin
                 (percent)
                ------------------------------------------------------------------------
                Dalmine S.p.A............................................... 10.99
                ------------------------------------------------------------------------
                Assessment Rate
                 Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
                amended (the Act), and 19 CFR 351.212(b)(1), Commerce shall determine,
                and U.S. Customs and Border Protection (CBP) shall assess, antidumping
                duties on all appropriate entries covered by this review.
                 Because Dalmine's weighted-average dumping margin is not zero or de
                minimis (i.e., less than 0.5 percent), Commerce has calculated
                importer-specific antidumping duty assessment rates. We calculated
                importer-specific antidumping duty assessment rates by aggregating the
                total amount of dumping calculated for the examined sales of each
                importer and dividing each of these amounts by the total sales value
                associated with those sales. Where either the respondent's weighted-
                average dumping margin is zero or de minimis within the meaning of 19
                CFR 351.106(c)(1), or an importer-specific assessment rate is zero or
                de minimis, we will instruct CBP to liquidate the appropriate entries
                without regard to antidumping duties.
                 For entries of subject merchandise during the POR produced by
                Dalmine for which it did not know 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.\5\
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                 \5\ For a full discussion of this practice, see Antidumping and
                Countervailing Duty Proceedings: Assessment of Antidumping Duties,
                68 FR 23954 (May 6, 2003).
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                 We intend to instruct CBP to take into account the ``provisional
                measures deposit cap,'' in accordance with 19 CFR 351.212(d).
                 Consistent with its recent notice,\6\ 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).
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                 \6\ See Notice of Discontinuation of Policy to Issue Liquidation
                Instructions After 15 Days in Applicable Antidumping and
                Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
                15, 2021).
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                Cash Deposit Requirements
                 The following cash 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 Dalmine will be
                the rate established in the final results of this administrative
                review; (2) for merchandise exported by producers or exporters not
                covered in this administrative review but covered in a prior segment of
                the proceeding, the cash deposit rate will continue to be the company-
                specific rate published for the most recently completed segment of this
                proceeding; (3) if the exporter is not a firm covered in this review or
                the original less-than-fair-value (LTFV) 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 deposit rate for all other
                producers or exporters will continue to be 47.87 percent,\7\ the all-
                others rate established in the LTFV investigation. These cash deposit
                requirements, when imposed, shall remain in effect until further
                notice.
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                 \7\ 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).
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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 Commerce's presumption that reimbursement
                of antidumping duties has occurred and the subsequent assessment of
                double antidumping duties.
                Administrative Protective Order
                 This notice also serves as a final reminder to parties subject to
                administrative protective order (APO) of their responsibility
                concerning the return or destruction of proprietary
                [[Page 22392]]
                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/destruction of APO materials, or conversion
                to judicial protective order, is hereby requested. Failure to comply
                with the regulations and the terms of an APO is a sanctionable
                violation.
                Notification to Interested Parties
                 We are issuing and publishing this notice in accordance with
                sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
                and 19 CFR 351.213(h)(1).
                 Dated: April 21, 2021.
                Christian Marsh,
                Acting 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
                 Comment 1: Dalmine's Cutting Costs
                 Comment 2: Major Input Adjustment for Hollows
                 Comment 3: Correct Level of Trade (LOT) Variables
                 Comment 4: Ministerial Error Regarding Inventory Carrying Costs
                VI. Recommendation
                [FR Doc. 2021-08793 Filed 4-27-21; 8:45 am]
                BILLING CODE 3510-DS-P
                

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