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[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Notices]
[Pages 92091-92092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27319]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-502]

Welded Carbon Steel Standard Pipes and Tubes From India: Notice 
of Court Decision Not in Harmony With the Results of Antidumping 
Administrative Review; Notice of Amended Final Results

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

SUMMARY: On November 7, 2024, the U.S. Court of International Trade 
(CIT) issued its final judgment in Garg Tube Export LLP and Garg Tube 
Limited v. United States, Court No. 21-00169, sustaining the U.S. 
Department of Commerce's (Commerce) first and second remand results 
pertaining to the administrative review of the antidumping duty (AD) 
order on welded carbon steel standard pipes and tubes (pipe and tube) 
from India covering the period May 1, 2018, through April 30, 2019. 
Commerce is notifying the public that the CIT's final judgment is not 
in harmony with Commerce's final results of the administrative review 
and that Commerce is amending the final results with respect to the 
dumping margin assigned to Garg Tube Limited and Garg Tube Export LLP 
(collectively, Garg Tube).

DATES: Applicable November 17, 2024.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0665.

SUPPLEMENTARY INFORMATION:

Background

    On March 19, 2021, Commerce published its Final Results in the 
2018-2019 AD administrative review of pipe and tube from India.\1\ 
Commerce calculated a weighted-average dumping margin of 13.90 percent 
for Garg Tube.\2\
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    \1\ See Welded Carbon Steel Standard Pipes and Tubes from India: 
Final Results of Antidumping Duty Administrative Review; 2018-2019, 
86 FR 14872 (March 19, 2021) (Final Results), and accompanying 
Issues and Decision Memorandum.
    \2\ Id. at 14873.
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    Garg Tube appealed Commerce's Final Results. On February 3, 2023, 
the CIT granted Commerce's request for a voluntary remand to 
recalculate Garg Tube's weighted-average dumping margin established in 
the Final Results without making a cost-based particular market 
situation (PMS) adjustment.\3\ In its final results of the first remand 
redetermination, issued in March 2023, Commerce reversed a PMS 
adjustment made to the cost of production (COP) in the Final Results 
and recalculated Garg Tube's weighted-average dumping margin 
accordingly.\4\
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    \3\ See Garg Tube Export LLP and Garg Tube Limited v. United 
States, Court No. 21-00169 (CIT February 3, 2023); see also 
Commerce's February 2, 2023, consent motion for a voluntary remand 
(the CIT granted the motion without modification).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Garg Tube Export LLP and Garg Tube Limited v. United States, 
Court No. 21-00169, (CIT February 3, 2023), dated March 16, 2023.
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    On April 8, 2024, the CIT remanded the Final Results to Commerce, 
holding that it was not reasonably discernable from Commerce's analysis 
which statutory provision under section 776 of the Tariff Act of 1930, 
as amended (the Act), it was relying upon in applying partial adverse 
facts available (AFA) with respect to COP for pipe and tube sourced 
from an unaffiliated supplier.\5\ The CIT further held that to the 
extent that Commerce relied on section 776(a) of the Act, Commerce must 
further support its determination by addressing the Mueller \6\ 
factors, and to the extent Commerce relied on section 776(b) of the 
Act, Commerce must explain why Garg Tube did not act to the best of its 
ability and do all that it could to cooperate.\7\
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    \5\ See Garg Tube Export LLP and Garg Tube Limited v. United 
States, 698 F. Supp. 3d 1230 (CIT 2024) (Garg Tube).
    \6\ See Mueller Comercial de Mexico, S. de R.L. de C.V. v. 
United States, 753 F.3d 1227 (Fed. Cir. 2014) (Mueller).
    \7\ See Garg Tube.
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    In its final results of the second remand redetermination, issued 
in July 2024, Commerce clarified its methodology and, under respectful 
protest, modified the margin calculations for Garg Tube by relying on 
facts available, with no adverse inference, to fill the gap in the 
record on the unaffiliated supplier's missing COP information caused by 
its non-cooperation.\8\ The CIT sustained

[[Page 92092]]

Commerce's final results of the first and second redeterminations.\9\
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    \8\ See Final Results of Redetermination Pursuant to Court 
Remand, Garg Tube Export LLP and Garg Tube Limited v. United States, 
698 F. Supp. 3d 1230 (CIT 2024), dated July 8, 2024.
    \9\ See Garg Tube Export LLP and Garg Tube Limited v. United 
States, Court No. 21-00169, Slip Op. 24-124 and Judgment Order (CIT 
November 7, 2024).
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Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to sections 516A(c) and (e) of the Act, Commerce must 
publish a notice of court decision that is not ``in harmony'' with a 
Commerce determination and must suspend liquidation of entries pending 
a ``conclusive'' court decision. The CIT's November 7, 2024, judgment 
constitutes a final decision of the CIT that is not in harmony with 
Commerce's Final Results. Thus, this notice is published in fulfillment 
of the publication requirements of Timken.
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    \10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Garg Tube as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
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Garg Tube Export LLP and Garg Tube Limited.................        4.25
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Garg Tube does not have a superseding cash deposit rate, 
i.e., there have not been final results published in a subsequent 
administrative review, we will issue revised cash deposit instructions 
to U.S. Customs and Border Protection (CBP).

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced and/or exported by Garg Tube, 
and were entered, or withdrawn from warehouse, for consumption during 
the period May 1, 2018, through April 30, 2019. These entries will 
remain enjoined pursuant to the terms of the injunction during the 
pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise produced and/or exported by Garg Tube in accordance 
with 19 CFR 351.212(b). We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific ad valorem assessment rate is not zero or de minimis. 
Where an import-specific ad valorem assessment rate is zero or de 
minimis,\12\ we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
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    \12\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: November 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-27319 Filed 11-20-24; 8:45 am]
BILLING CODE 3510-DS-P
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