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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100954-100957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29327]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-867]

Welded Stainless Pressure Pipe From India: Preliminary Results 
and Partial Rescission of Antidumping Duty Administrative Review; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Suncity Sheets Pvt., Ltd. (Suncity Sheets) made sales of welded 
stainless pressure pipe (WSPP) from India at less than normal value 
(NV) in the United States during the period of review (POR), November 
1, 2022, through October 31, 2023. Additionally, Commerce is rescinding 
this administrative review with respect to certain companies. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 13, 2024.

FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1009.

SUPPLEMENTARY INFORMATION:

Background

    On November 17, 2016, Commerce published the antidumping duty (AD) 
order on WSPP from India in the Federal Register.\1\ On November 2, 
2023, Commerce published a notice of opportunity to request an 
administrative review of the Order.\2\ On December 29, 2023, based on 
timely requests for review, in accordance with section 751(a)(1) of the 
Tariff Act of 1930, as

[[Page 100955]]

amended (the Act), and 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the Order covering five companies.\3\ On 
February 16, 2024, we selected Seth Steelage Pvt. Ltd. (Seth Steelage) 
and Suncity Sheets as the mandatory respondents in this administrative 
review.\4\ On March 4, 2024, Seth Steelage timely withdrew its request 
for review.\5\ On July 22, 2024, Commerce tolled certain deadlines in 
this administrative proceeding by seven days.\6\ Pursuant to section 
751(a)(3)(A) of the Act, on August 5, 2024, Commerce extended the 
deadline for the preliminary results until December 6, 2024.\7\
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    \1\ See Welded Stainless Pressure Pipe from India: Antidumping 
and Countervailing Duty Orders, 81 FR 81062 (November 17, 2016) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 75270 (November 
2, 2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation 
Notice).
    \4\ See Memorandum, ``Respondent Selection,'' dated February 16, 
2024, at 1.
    \5\ See Seth Steelage's Letter, ``Withdrawal Request for 
Administrative Review of Anti-Dumping Duty of Seth Steelage Private 
Limited,'' dated March 4, 2024 (Seth Steelage's Withdrawal Letter).
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \7\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of Antidumping Duty Administrative Review,'' dated August 5, 
2024.
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    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\8\ A 
list of topics included in the Preliminary Decision Memorandum is 
included in the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Welded Stainless Pressure Pipe from India; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise covered by the scope of the Order is WSPP from 
India. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Act. Export price is calculated in accordance with 
section 772 of the Act. Normal value is calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum.

Rescission of Administrative Review, In Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Seth Steelage, Ratnamani 
Metals & Tubes Ltd. (Ratnamani), and Prakash Steelage Ltd (PSL) timely 
withdrew the requests for review for each company.\9\ No other parties 
requested an administrative review of Seth Steelage, Ratnamani, and 
PSL. Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is 
rescinding this administrative review with respect to Seth Steelage, 
Ratnamani, and PSL.
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    \9\ See Ratnamani's Letter, ``Withdrawal Request for 
Administrative Review of Antidumping Duty of Ratnamani Metals & 
Tubes Ltd.,'' dated March 1, 2024; see also PSL's Letter, 
``Withdrawal Request for Administrative Review of Anti-Dumping Duty 
of Prakash Steelage Ltd,'' dated March 4, 2024, and Seth Steelage's 
Withdrawal Letter.
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Remaining Firms Subject to the Review

    Pursuant to the above-referenced rescission, two firms listed in 
the Initiation Notice remain under review: Suncity Sheets and Suncity 
Metals and Tubes Private Limited (Suncity Metals). In Suncity Sheet's 
initial request for review, it identified that ``Suncity {Sheets Pvt., 
Ltd.{time}  exported and entered into the U.S. subject merchandise in 
the POR . . . since Suncity {Sheets Pvt., Ltd.{time}  exported the 
subject merchandise, it changed its name from Suncity Sheets Pvt., 
Ltd., to Suncity Metals and Tubes Private Limited. Therefore, it is 
requesting a review of both companies.'' \10\ This fact pattern is 
confirmed by the U.S. Customs and Border Protection (CBP) entry data 
released to the record for the purposes of respondent selection, which 
identifies Suncity Sheets as the exporter of entries during the POR and 
Suncity Metals with no attributable entries in the period.\11\ As 
Suncity Sheets was selected as the mandatory respondent for individual 
review and reflects the sole firm with entries during the period not 
otherwise rescinded upon, these preliminary results apply only Suncity 
Sheets.
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    \10\ See Suncity Sheet's Letter, ``Request for Administrative 
Review of Suncity Metals and Tubes Private Limited and/or Suncity 
Sheets Pvt., Ltd.,'' dated November 30, 2023.
    \11\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Enny Data,'' dated January 4, 2024.
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    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), 
when Commerce receives information concerning, or a request from an 
interested party for a review of, an order which shows changed 
circumstances sufficient to warrant a review of such order after 
publishing notice of the review in the Federal Register, Commerce shall 
conduct a review of the determination based on those changed 
circumstances. Commerce has used changed circumstance reviews (CCRs) to 
consider the applicability of cash deposit rates after there have been 
changes in the name or the structure of a respondent, such as a merger 
or spinoff (successor-in-interest, or successorship, determinations). 
Commerce has also made successor-in-interest determinations in the 
context of administrative reviews and investigations.\12\
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    \12\ See, e.g., Certain Frozen Warmwater Shrimp from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2018-
2019, 85 FR 83891 (December 23, 2020), and accompanying Issues and 
Decision Memorandum at Comment 3.
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    Based on Suncity Sheets's identification of Suncity Metals as the 
successor to Suncity Sheets, Commerce finds it appropriate to conduct a 
successor-in-interest analysis to determine the status of Suncity 
Metals in this review. However, because the record currently lacks 
sufficient information regarding the name change identified to allow 
for a complete analysis at present, we hereby notify parties of our 
intent to seek more information about the name change from Suncity 
Sheets to Suncity Metals in the post-preliminary stage, with the intent 
to conduct a successor in interest determination for purposes of the 
final results of administrative review.

Preliminary Results of Review

    We preliminarily determine the following estimated weighted-average 
dumping margin exists for the period November 1, 2022, through October 
31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Suncity Sheets Pvt., Ltd...................................       56.39
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Disclosure and Public Comment

    We intend to disclose the calculations and analysis performed for 
these preliminary results to interested parties

[[Page 100956]]

within five days of any public announcement or, if there is no public 
announcement, within five days after the date of publication of this 
notice in the Federal Register in accordance with 19 CFR 351.224(b).
    Commerce will announce the briefing schedule to interested parties 
at a later date. Interested parties may submit case briefs on the 
deadline that Commerce will announce.\13\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs.\14\ Interested parties who 
submit case briefs or rebuttal briefs in this proceeding must submit: 
(1) a table of contents listing each issue; and (2) a table of 
authorities.\15\
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    \13\ See 19 CFR 351.309 (c)(1)(ii) and (d)(2).
    \14\ See 19 CFR 351.309(d)(1); see also Administrative 
Protective Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \15\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\16\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\17\
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    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants and whether any 
participant is a foreign natioanl; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. An electronically filed hearing request 
must be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after 
the date of publication of this notice.

Assessment Rates

    Upon completion of this administrative review, pursuant to section 
751(a)(2)(A) of the Act, Commerce shall determine, and CBP shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise covered by this review.\18\
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    \18\ See 19 CFR 351.212(b)(1).
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    For Suncity Sheets, whose weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.50 percent), we will calculate 
importer-specific ad valorem AD assessment rates based on the ratio of 
the total amount of dumping calculated for the importer's examined 
sales to the total entered value of those same sales in accordance with 
19 CFR 351.212(b)(1). If the respondent has not reported entered 
values, we will calculate a per-unit assessment rate for each importer 
by dividing the total amount of dumping calculated for the examined 
sales made to that importer by the total quantity associated with those 
sales. To determine whether an importer-specific, per-unit assessment 
rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also 
will calculate an importer-specific ad valorem ratio based on estimated 
entered values. If Suncity Sheet's final weighted-average dumping 
margin is zero or de minimis, or an importer-specific ad valorem 
assessment rate is zero or de minimis, we intend to instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\19\
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    \19\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Suncity 
Sheets for which it did not know that the merchandise was destined for 
the United States, we will instruct CBP to liquidate such entries at 
the all-others rate in the original less-than-fair-value (LTFV) 
investigation (i.e., 8.35 percent) if there is no rate for the 
intermediate company(ies) involved in the transaction.\20\
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    \20\ See Order, 81 FR at 81063; see also Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the companies listed above for which this review is being 
rescinded, antidumping duties shall be assessed on entries at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
assessment instructions to CBP for the rescinded companies no earlier 
than 35 days after the date of publication of this notice in the 
Federal Register.
    The final results of this administrative review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.\21\
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    \21\ See section 751(a)(2)(C) of the Act.
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    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).

Cash Deposit Requirements

    The following 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 each specific 
company listed above will be equal to the weighted-average dumping 
margin established in the final results of this administrative review, 
except if the rate is less than 0.50 percent and, therefore, de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rates will be zero; (2) for previously reviewed or investigated 
companies not participating in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the producer or 
exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original 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

[[Page 100957]]

deposit rate for all other producers or exporters will continue to be 
the all-others rate established in the LTFV investigation (i.e., 8.35 
percent).\22\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \22\ See Order, 81 FR at 81063.
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Final Results of Review

    Unless otherwise extended, we intend to issue the final results of 
this administrative review, which will include the results of our 
analysis of all issues raised in the case and rebuttal briefs, within 
120 days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).\23\
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    \23\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of doubled antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213(h)(2), and 19 CFR 351.221(b)(4).

    Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-29327 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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