India Cold-Drawn Mechanical Tubing: Goodluck Again Subject to AD Duties, Commerce Says

Goodluck India Limited is again subject to antidumping duties on cold-drawn mechanical tubing from India (A-533-873), after the Commerce Department again amended its antidumping duty order to reinstate the company following a recent U.S. Court of Appeals for the Federal Circuit decision. Effective Sept. 10, 2021, subject merchandise from Goodluck will be subject to the 33.7% adjusted AD duty cash deposit rate originally assigned to it in the 2018 AD duty order (see 1806130068).

Commerce had exempted Goodluck from the AD duty order in 2020 (see 2005260023), after implementation of a Court of International Trade decision caused Goodluck’s rate from the original AD duty investigation to fall to zero. However, CAFC overturned that CIT decision in August, and CIT vacated its original decision in November, so Commerce’s original final determination resumes effect.

Commerce will resume its first two administrative reviews on cold-drawn mechanical tubing from India to re-examine Goodluck, given that reviews were requested for the company prior to the court-ordered partial revocation. Commerce will first allow for those that requested the reviews to withdraw their requests, before deciding on how to conduct the reviews if they don’t. "Given the unique circumstances at issue, Commerce is permitting parties an opportunity to withdraw their request(s) for either administrative review, if they wish to do so. Any such withdrawal requests must be submitted within 14 days of publication of this Federal Register notice," i.e., Jan. 12, 2022, the notice said.

If the review requests are withdrawn, Commerce will assess AD duties at 33.7% on entries from Goodluck Nov. 22, 2017, through May 31, 2019, and June 1, 2019, through May 31, 2020, which are the periods covered by the first and second reviews, respectively.

Nobody requested Goodluck’s review in the third administrative review on cold-drawn mechanical tubing from India, which covers the period June 1, 2020, through May 31, 2021. Commerce will order liquidation of entries during that period at an AD duty assessment rate of 33.7%, it said.