[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60928-60929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19125]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-874]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Final Results of Countervailing Duty Administrative Review; 
2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain cold-drawn mechanical tubing of carbon and alloy steel 
(cold-drawn mechanical tubing) from India during the period of review, 
January 1, 2021, through December 31, 2021.

DATES: Applicable September 6, 2023.

FOR FURTHER INFORMATION CONTACT: Eliza DeLong or 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) 482-3878 or (202) 482-1988, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of this review on March 
7, 2023.\1\ We invited interested parties to comment on the Preliminary 
Results.\2\ On May 30, 2023, Commerce extended the deadline for the 
final results of this review until September 1, 2023.\3\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\4\
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    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from India: Preliminary Results of Countervailing Duty 
Administrative Review; 2021, 88 FR 14143 (March 7, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ Id., 88 FR at 14143.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review, 2021,'' dated May 30, 
2023.
    \4\ 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; 
2021,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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    \5\ 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).
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    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, to which we responded in the Issues and Decision 
Memorandum, is provided as 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

[[Page 60929]]

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.\6\ For a full description of the methodology underlying 
our conclusions, including any determination that relied upon the use 
of adverse facts available pursuant to section 776(a) and (b) of the 
Act, see the Issues and Decision Memorandum.
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    \6\ 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.
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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 Goodluck India 
Limited, 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.\7\
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    \7\ See Memorandum, ``Calculation of Subsidy Rate for Non-
Selected Companies Under Review,'' dated concurrently with this 
notice.
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Final Results of Review

    We determine the total estimated net countervailable subsidy rates 
for the period January 1, 2021, through December 31, 2021, to be as 
follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
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Goodluck India Limited \8\..............................            3.39
Tube Investments of India Ltd \9\.......................            3.97
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        Review-Specific Average Rate Applicable to the Following
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Lal Baba Seamless Tubes Pvt. Ltd........................            3.74
Metamorphosis Engitech India Pvt. Ltd...................            3.74
------------------------------------------------------------------------

Disclosure
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    \8\ 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.
    \9\ Tube Investments of India Ltd. is also known as Tube 
Investments of India Limited.
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    Commerce will disclose to interested parties the calculations 
performed for these final results within five days of public 
announcement or, if there is no public announcement, within five days 
of the date of publication of the notice of final results 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 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 29, 2023.
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. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether to Apply Adverse Facts Available to the 
Government of India or Otherwise Revisit Prior Financial 
Contribution and Specificity Determinations
    Comment 2: Steel Inputs Purchased from Steel Authority of India 
Ltd.
    Comment 3: Whether to Correct Certain Calculation Errors for 
Goodluck
    Comment 4: Whether to Countervail Benefits from Special Economic 
Zone Programs
IX. Recommendation

[FR Doc. 2023-19125 Filed 9-5-23; 8:45 am]
BILLING CODE 3510-DS-P