Notice2021-16912
Oil Country Tubular Goods From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
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 9, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that producer/exporter Interpipe sold subject merchandise in the United State at prices below normal value during the July 10, 2019, through June 30, 2020 period of review (POR). We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 150 (Monday, August 9, 2021)</title>
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[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43522-43523]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16912]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-815]
Oil Country Tubular Goods From Ukraine: Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producer/exporter Interpipe sold subject merchandise in the United
State at prices below normal value during the July 10, 2019, through
June 30, 2020 period of review (POR). We invite interested parties to
comment on these preliminary results.
DATES: Applicable August 9, 2021.
FOR FURTHER INFORMATION CONTACT: Lauren Caserta, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4737.
SUPPLEMENTARY INFORMATION:
Background
On July 16, 2019, Commerce published the antidumping duty (AD)
order on oil country tubular goods (OCTG) from Ukraine in the Federal
Register.\1\ On December 8, 2020, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act), Commerce initiated an AD
administrative review of the Order.\2\ During the course of this
administrative review, Interpipe \3\ responded to Commerce's AD
questionnaire and supplemental questionnaires. On February 11, 2021,
Commerce extended the deadline for issuing the preliminary results of
this review.\4\ For further details, see the Preliminary Decision
Memorandum.\5\
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\1\ See Termination of the Suspension Agreement on Certain Oil
Country Tubular Goods from Ukraine, Rescission of Administrative
Review, and Issuance of Antidumping Duty Order, 84 FR 33918 (July
16, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 78990 (December 8, 2020).
\3\ As stated in our Preliminary Decision Memorandum, Commerce
continues to treat Interpipe Europe S.A.; Interpipe Ukraine LLC;
PJSC Interpipe Niznedneprovsky Tube Rolling Pipe (aka Interpipe
NTRP); and LLC Interpipe Niko Tube as a single entity. See
Memorandum, ``Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review: Oil Country Tubular Goods
from Ukraine, 2019-2020,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
\4\ See Memorandum, ``Oil Country Tubular Goods from Ukraine:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review, 2019-2020,'' dated February 11, 2021.
\5\ See Preliminary Decision Memorandum.
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Scope of the Order
The product covered by this Order is certain OCTG from Ukraine. For
a full description of the scope, see the Preliminary Decision
Memorandum.\6\
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\6\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export price has been calculated in
accordance with section 772 of the Act and normal value was 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. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period July 10, 2019, through
June 30, 2020:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Interpipe Europe S.A./Interpipe Ukraine LLC/PJSC Interpipe 30.19
Niznedneprovsky Tube Rolling Plant (aka Interpipe NTRP)/
LLC Interpipe Niko Tube...................................
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\7\
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\7\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. 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.\8\ Parties who submit case or rebuttal briefs in this
proceeding are requested to submit with each argument: (1) A statement
if the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\9\ Executive summaries should be limited to five pages
total, including footnotes. Case and rebuttal briefs should be filed
using ACCESS \10\ and must be served on interested parties.\11\
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\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (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).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See generally 19 CFR 351.303.
\11\ See 19 CFR 351.303(f).
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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. Requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined.\12\ Parties should confirm the date,
time, and location of the hearing by telephone two days before the
scheduled date.
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\12\ See 19 CFR 351.310(d).
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All hearing requests must be filed electronically using ACCESS.\13\
An electronically-filed request must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days of the date of
publication of this notice in the Federal Register.\14\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\15\
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\13\ See generally 19 CFR 351.303.
\14\ See 19 CFR 351.310(c).
\15\ See Temporary Rule.
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Assessment Rates
Upon completion of the administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, 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. If the weighted-average dumping margin for
Interpipe (i.e., the sole individually-examined respondent in this
review) is
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not zero or de minimis (i.e., greater than or equal to 0.5 percent) in
the final results of this review, we will calculate importer-specific
ad valorem assessment rates for the merchandise based on the ratio of
the total amount of dumping calculated for the examined sales made
during the POR to each importer and the total entered value of those
same sales, in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific ad valorem assessment rate is zero or de minimis in the final
results of the review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\16\ If a
respondent's weighted-average dumping margin is zero or de minimis in
the final results of the review, we will instruct CBP not to assess
duties on any of its entries in accordance with the Final Modification
for Reviews, i.e., ``{w{time} here the weighted-average margin of
dumping for the exporter is determined to be zero or de minimis, no
antidumping duties will be assessed.'' \17\
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\16\ See 19 CFR 351.106(c)(2).
\17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by
Interpipe for which the producer did not know its merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediated company (or companies) involved in the transaction.\18\
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\18\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 cash deposit requirements will be effective upon
publication of the final results of this administrative review 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 Interpipe 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 rate will be zero;
(2) for previously reviewed or investigated companies not listed above,
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 company participated; (3) if the exporter is not a firm
covered in this review, a prior review, or in the 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 the all-others rate of
7.47 percent, the rate established in the investigation of this
proceeding.\19\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order, 84 FR at 33919.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.221(b)(4).
Dated: August 2, 2021.
Christian Marsh,
Acting 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. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-16912 Filed 8-6-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 9, 2021.
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