Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Results of Countervailing Duty Administrative Review; 2020
The U.S. Department of Commerce (Commerce) finds countervailable subsidies are being provided to producers and exporters of certain cold-drawn mechanical tubing of carbon and al...
Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) finds countervailable subsidies are being provided to producers and exporters of
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certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India during the period of review, January 1, 2020, through December 31, 2020.
DATES:
Applicable September 12, 2022.
FOR FURTHER INFORMATION CONTACT:
Eric Hawkins, 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) 482-1988.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the
Preliminary Results
of this review on March 3, 2022.[1]
On June 21, 2022, Commerce extended the deadline for the final results of this review until August 30, 2022.[2]
For a complete description of the events that occurred since the
Preliminary Results, see
the Issues and Decision Memorandum.[3]
The merchandise covered by the
Order
is cold-drawn mechanical tubing from India. For a complete description of the scope of the
Order, see
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in the Issues and Decision Memorandum. A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum is provided in an appendix to this notice. 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
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from interested parties regarding our
Preliminary Results,
and for the reasons explained in the Issues and Decision Memorandum, we made certain changes for these final results of review.
Methodology
Commerce conducted this review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy,
i.e.,
a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and the subsidy is specific.[5]
For a full description of the methodology underlying our conclusions,
see
the Issues and Decision Memorandum.
Companies Not Selected for Individual Review
We made no changes to the methodology for determining a rate for companies not selected for individual examination from the
Preliminary Results.
However, due to changes in calculations for Tube Investments of India Ltd., the non-selected rate changed for each of the non-selected companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents.[6]
Final Results of Review
We determine the total estimated net countervailable subsidy rates for the period January 1, 2020, through December 31, 2020, to be as follows:
Company
Subsidy rate
(percent
ad valorem)
Goodluck India Limited 7
3.30
Tube Investments of India Ltd 8
5.94
Review-Specific Average Rate Applicable to the Following Companies
KLT Automotive and Tubular Products Limited
4.07
Metamorphosis Engitech India Private Limited
4.07
Pennar Industries Limited India
4.07
Disclosure
Commerce will disclose to interested parties the calculations performed in connection with final results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the
Federal Register
, in accordance with 19 CFR 351.224(b).
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35 days after publication of these final results. 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).
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts indicated above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to an
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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 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 terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: August 30, 2022.
Lisa W. Wang,
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. Subsidies Valuation Information
VI. Analysis of the Programs
VII. Discussion of the Issues
Comment 1: Whether to Correct for Certain Calculation Errors for TII
Comment 2: Countervailability of Steel Authority of India Ltd. (SAIL) for Less Than Adequate Renumeration (LTAR) Program
Comment 3: Whether to Revise the Calculation for the Merchandise Export from India Scheme (MEIS) for TII
Comment 4: Whether to Countervail Certain Programs Located in a Special Economic Zone (SEZ)
Comment 5: Whether to Include Deemed Exports in Certain Denominators
VIII. Recommendation
Footnotes
1.
See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Preliminary Results of Countervailing Duty Administrative Review; 2020,87 FR 12084 (March 3, 2022) (
Preliminary Results), and accompanying Preliminary Decision Memorandum.
2.
See
Memorandum, “Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Extension of Deadline for Final Results of Countervailing Duty Administrative Review, 2020,” dated June 21, 2022.
3.
See
Memorandum, “Issues and Decision Memorandum for the Final Results of Countervailing Duty Administrative Review: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India; 2020,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
4.
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) (
Order);
see also Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China and India: Countervailing Duty Orders; Correction,86 FR 30595 (June 9, 2021).
5.
See
sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.
7.
Entries for Goodluck India Limited may have been made under the following company names: Goodluck India Limited (formerly Good Luck Steel Tubes Limited); Good Luck Steel Tubes Limited Good Luck House; and Good Luck Industries.
8.
Tube Investments of India Ltd. is also known as Tube Investments of India Limited.
Use this for formal legal and research references to the published document.
87 FR 55783
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Results of Countervailing Duty Administrative Review; 2020,” thefederalregister.org (September 12, 2022), https://thefederalregister.org/documents/2022-19629/certain-cold-drawn-mechanical-tubing-of-carbon-and-alloy-steel-from-india-final-results-of-countervailing-duty-administr.