Notice2021-16474
Certain Oil Country Tubular Goods From the Social Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 3, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) finds that exporters of oil country tubular goods (OCTG) from the Socialist Republic of Vietnam (Vietnam) did not sell subject merchandise in the United States at prices below normal value during the period of review (POR) September 1, 2018, through August 31, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 146 (Tuesday, August 3, 2021)</title>
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41820-41821]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16474]
[[Page 41820]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-817]
Certain Oil Country Tubular Goods From the Social Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that exporters of
oil country tubular goods (OCTG) from the Socialist Republic of Vietnam
(Vietnam) did not sell subject merchandise in the United States at
prices below normal value during the period of review (POR) September
1, 2018, through August 31, 2019.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2924.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on OCTG from Vietnam in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the Act). On January 28, 2021,
Commerce published the Preliminary Results of this administrative
review.\1\ On March 10, 2021, we received case briefs from Maverick
Tube Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars, Inc. (the
petitioners) and from SeAH Steel VINA Corporation SeAH VINA and Pusan
Pipe America, Inc. (Pusan Pipe) (collectively, SSV).\2\ On March 17,
2021, the petitioners and SSV submitted rebuttal briefs.\3\ On May 18,
2021, we extended the deadline for the final results of review until
July 27, 2021.\4\
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\1\ See Certain Oil Country Tubular Goods from the Socialist
Republic of Vietnam: Preliminary Results of Antidumping Duty
Administrative Review, 86 FR 7358 (January 28, 2021) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See Petitioners' Letter, ``Oil Country Tubular Goods from
the Socialist Republic of Vietnam: Case Brief of Maverick Tube
Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc.,''
dated March 10, 2021; SSV's Case Brief, ``Administrative Review of
the Antidumping Duty Order on Certain Oil Country Tubular Goods from
Vietnam--Case Brief of SeAH Steel VINA Corporation and Pusan Pipe
America, Inc.,'' dated March 10, 2021.
\3\ See Petitioners' Letter, ``Oil Country Tubular Goods from
the Socialist Republic of Vietnam: Rebuttal Brief of Maverick Tube
Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc.,''
dated March 17, 2021; SSV Rebuttal Brief, ``Administrative Review of
the Antidumping Duty Order on Certain Oil Country Tubular Goods from
Vietnam--Rebuttal Brief of SeAH Steel VINA Corporation and Pusan
Pipe America, Inc.,'' dated March 17, 2021.
\4\ See Memorandum, ``Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated May 18,
2021.
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For a complete description of the events that followed the
Preliminary Results of this administrative review, see the Issues and
Decision Memorandum, dated concurrently with these final results and
hereby adopted by this notice.\5\ 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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly on the internet at
<a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Oil Country Tubular Goods from the
Socialist Republic of Vietnam,'' dated concurrently with this notice
(Issues and Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is OCTG from Vietnam. For a
full description of the merchandise covered by the scope of the
antidumping duty order on OCTG from Vietnam, see the Issues and
Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
filed by interested parties in the Issues and Decision Memorandum.
Attached to this notice as an appendix is a list of the issues which
parties raised.
Verification
Commerce was unable to conduct an on-site verification of the
information relied upon in reaching these final results of review as
provided for in section 782(i)(3) of the Act. Accordingly, in lieu of
an on-site verification, we requested additional documentation and
information from SSV.\6\
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\6\ See Commerce's Letter, dated February 19, 2021; see also
SSV's Letter, ``Administrative Review of the Antidumping Duty Order
on Oil Country Tubular Goods from Vietnam--Response to the
Department's February 19 In Lieu of Verification Questionnaire,''
dated February 26, 2021.
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Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculation. For a discussion of the issues, see
the Issues and Decision Memorandum.
Final Results of Review
Commerce determines that the following weighted-average dumping
margin exists for the period September 1, 2018, through August 31,
2019:
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Weighted-
average
Exporter dumping margin
(percent)
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SeAH Steel VINA Corporation \7\......................... 0.00
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Disclosure
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\7\ Commerce initiated a review of both SeAH VINA and Pusan
Pipe, but the record shows that Pusan Pipe is a U.S. importer of
OCTG that is affiliated with SeAH VINA and does not produce or
export OCTG. See SSV's Letter, ``Administrative Review of the
Antidumping Duty Order on Certain Oil Country Tubular Goods from
Vietnam--Response to the Department's November 15 Questionnaire,''
dated December 13, 2019 at 1. Therefore, we have not calculated a
rate for Pusan Pipe.
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Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Consistent with Commerce's assessment practice in non-market
economy cases, for entries that were not reported in the U.S. sales
database submitted by companies individually examined during the
administrative review, Commerce will instruct CBP to liquidate such
entries at the Vietnam-wide rate. Additionally, if Commerce determines
that an exporter under review had no shipments of subject merchandise,
any suspended entries that entered under the exporter's case number
(i.e., at that exporter's rate) will be liquidated at the Vietnam-wide
rate.\8\
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Consistent with its recent notice,\9\ Commerce intends to issue
assessment
[[Page 41821]]
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).
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\9\ See Notice of Discontinuation Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from Vietnam entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For SeAH VINA, a
zero cash deposit rate; (2) for previously investigated or reviewed
Vietnamese and non-Vietnamese exporters not listed above that received
a separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the exporter-specific rate published for the
most-recently completed segment of this proceeding in which the
exporter was reviewed; (3) for all Vietnamese exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the rate established for the
Vietnam-wide entity, which is 111.47 percent; \10\ and (4) for all non-
Vietnamese exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the Vietnamese exporter that supplied that non-Vietnamese exporter with
the subject merchandise. These deposit requirements, when imposed,
shall remain in effect until further notice.
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\10\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods from the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691 (September 10, 2014).
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Notification to Importers
This notice serves as a final 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 Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: July 27, 2021.
Christian Marsh,
Acting 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. Discussion of the Issues
Comment 1: Adverse Facts Available
Comment 2: Surrogate Country
Comment 3: Financial Statements
Comment 4: Brokerage and Handling
Comment 5: Inland Freight
Comment 6: Differential Pricing
Comment 7: Water
Comment 8: Section 232 Duties
Comment 9: Ministerial Errors
VI. Recommendation
[FR Doc. 2021-16474 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P
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