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 Department of Commerce International Trade Administration [A-533-873]
 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
 SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India was sold in the United States at less than normal value (NV) during the period of review (POR) of June 1, 2020, through May 31, 2021.
 DATES: Applicable July 7, 2022.
 FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0607 or (202) 482-2285, respectively.


SUPPLEMENTARY INFORMATION: Background On June 11, 2018, Commerce published the antidumping duty (AD) order on cold-drawn mechanical tubing from India.[1]
                    
                     On August 3, 2021, in accordance with 19 CFR 351.221(c)(i), Commerce initiated an administrative review of the 
                    *Order,*
                     covering one producer/exporter, Tube Products of India, Ltd., a unit of Tube Investments of India Limited (collectively, TII).[2] Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), on February 14, 2022, Commerce determined that it was not practicable to complete the preliminary results of this review within 245 days and extended the deadline for the preliminary results of this review until June 30, 2022.[3] For a detailed description of the events that followed the initiation of this review, 
                    *see*
                     the Preliminary Decision Memorandum.[4]
                    
                     The Preliminary Decision Memorandum is a public document and is available via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at 
                    *http://access.trade.gov.*
                     In addition, a complete version of the Preliminary Decision Memorandum can be accessed at 
                    *https://access.trade.gov/​public/​FRNoticesListLayout.aspx.* Scope of the Order 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 Preliminary Decision Memorandum. Methodology Commerce is conducting this administrative review in accordance with section 751(a) of the Act. For a full description of the methodology underlying these preliminary results, 
                    *see*
                     the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is attached as an appendix to this notice. Preliminary Results We preliminarily determine the following weighted-average dumping margin for the period June 1, 2020, through May 31, 2021: Exporter/producer
Weighted-
                             average  
                             dumping  
                             margin 
                             (percent)Tube Products of India, Ltd., a unit of Tube Investments of India Limited
17.31
 Verification On November 11, 2021, the petitioners, PTC Alliance Corp., Webco Industries, Inc., and Zekelman Industries, requested that Commerce conduct verification of TII's responses. Accordingly, as provided in section 782(i)(3) of the Act, Commerce intends to verify the information relied upon in making its final results of the review. Disclosure and Public Comment We intend to disclose the calculations performed for these preliminary results of review to interested parties with an Administrative Protective Order within five days of the date of public announcement of the preliminary results in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to Commerce. A timeline for the submission of case briefs and written comments will be provided to interested parties at a later date. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the date for filing case briefs.[5]
                    
                     Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.[6]
                    
                     Case and rebuttal briefs should be filed using ACCESS.[7] 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, U.S. Department of Commerce, filed electronically via ACCESS, within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, 
                    ( print page 40500)
                    address, and telephone number; (2) the number of participants; and (3) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, Commerce intends to hold a hearing at a time and date to be determined.[8]
                    
                     Parties should confirm the date, time, and location of the hearing two days before the scheduled date. An electronically filed document must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the date that the document is due. Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice.[9] Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any case or rebuttal briefs, no later than 120 days after the date of publication of this notice, unless this deadline is extended.[10] Assessment Rates Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce intends to determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this administrative 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). If TII's weighted-average dumping margin is not zero or 
                    *de minimis*
                     (
                    *i.e.,*
                     less than 0.5 percent) in the final results of this review, Commerce intends to calculate an importer-specific assessment rate based on the ratio of the total amount of dumping calculated for each importer's examined sales to the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1). Where we do not have entered values for all U.S. sales to a particular importer/customer, we will calculate a per-unit assessment rate by aggregating the antidumping duties due for all U.S. sales to that importer (or customer) and dividing this amount by the total quantity sold to that importer (or customer).[11]
                    
                     We intend to instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above 
                    *de minimis*
                     (
                    *i.e.,*
                     0.50 percent). To determine whether the duty assessment rates are 
                    *de minimis,*
                     in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculate importer (or customer) specific 
                    *ad valorem*
                     ratios based on the estimated entered value. Where either a respondent's weighted-average dumping margin is zero or 
                    *de minimis,*
                     or an importer- (or customer-) specific 
                    *ad valorem*
                     rate is zero or 
                    *de minimis,*
                     in the final results of review, we intend to instruct CBP to liquidate the appropriate entries without regard to antidumping duties.[12] In accordance with Commerce's “automatic assessment” practice, for entries of subject merchandise during the POR produced by TII for which it did not know that the merchandise was destined for the United States, we intend to instruct CBP to liquidate those entries at the all-others rate in the original less-than-fair-value (LTFV) investigation.[13]
                    
                     if there is no rate for the intermediate company(ies) involved in the transaction.[14] Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for TII will be that 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 rate will be zero; (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific cash deposit rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, a prior review, or the underlying investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 5.87 percent, the all-others rate established in the LTFV investigation.[15]
                    
                     These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice 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 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 occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: June 29, 2022. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations.
 Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the 
                        *Order* IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation


# Footnotes

1.
    
                         
                        *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); 
                        *see also Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value; Notice of Amended Final Determination Pursuant to Court Decision; and Notice of Revocation of Antidumping Duty Order, in part,*85 FR 31742 (May 27, 2020); 
                        *Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Notice of Second Amended Final Determination; Notice of Amended Order; Notice of Resumption of First and Reinitiation of Second Antidumping Duty Administrative Reviews; Notice of Opportunity for Withdrawal; and Notice of Assessment in Third Antidumping Duty Administrative Review,*86 FR 74069 (December 29, 2021) (collectively, 
                        *Order*). Back to Citation
 2.
    
                         
                        *See Initiation of Antidumping and Countervailing Duty Administrative Reviews,*86 FR 41821 (August 3, 2021) (
                        *Initiation Notice*). Back to Citation
 3.
    
                         
                        *See*
                         Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review; 2020-2021,” dated February 14, 2022. Back to Citation
 4.
    
                         
                        *See*
                         Memorandum, “Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2020-2021,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). Back to Citation
 5.
    
                         
                        *See*19 CFR 351.309(d)(1) and (2); 
                        *see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19,*85 FR 17006 (March 26, 2020); and 
                        *Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period,*85 FR 41363 (July 10, 2020) (
                        *Temporary Rule*). Back to Citation
 6.
    
                         
                        *See*19 CFR 351.309(c)(2) and (d)(2). Back to Citation
 7.
    
                         
                        *See*19 CFR 351.303(f). Back to Citation
 8.
    
                         
                        *See*19 CFR 351.310(d). Back to Citation
 9.
    
                         
                        *See Temporary Rule.* Back to Citation
 10.
    
                         
                        *See*
                         section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h). Back to Citation
 11.
    
                         
                        *See*19 CFR 351.212(b)(1). Back to Citation
 12.
    
                         
                        *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 8103 (February 14, 2012). Back to Citation
 13.
    
                         
                        *See Order,*
                         83 FR at 26965. Back to Citation
 14.
    
                         For a full discussion of this practice, 
                        *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,*68 FR 23954 (May 6, 2003). Back to Citation
 15.
    
                         
                        *See Order,*
                         83 FR at 26965. Back to Citation


[FR Doc. 2022-14425 Filed 7-6-22; 8:45 am] BILLING CODE 3510-DS-P