Notice2021-21901
Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
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Published
October 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that certain oil country tubular goods (OCTG) from the Socialist Republic of Vietnam were sold in the United States at less than normal value (NV) during the period of review (POR) September 1, 2019 through August 31, 2020. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 192 (Thursday, October 7, 2021)</title>
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[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Notices]
[Pages 55807-55809]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21901]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-817]
Certain Oil Country Tubular Goods From the Socialist Republic of
Vietnam: 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 certain oil country tubular goods (OCTG) from the Socialist
Republic of Vietnam were sold in the United States at less than normal
value (NV) during the period of review (POR) September 1, 2019 through
August 31, 2020. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable October 7, 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
On October 30, 2020, Commerce initiated an administrative review of
the antidumping duty order on OCTG from Vietnam.\1\ The review covers
SeAH Steel VINA Corporation (SeAH VINA) and its U.S. affiliate Pusan
Pipe America, Inc. (Pusan Pipe) (collectively, SSV).\2\ On May 27,
2021, Commerce extended the deadline for these preliminary results by
120 days, to September 30, 2021, in accordance with section 751
(a)(3)(A) of the Act, and 19 CFR 351.213(h)(2).\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020) (Initiation
Notice).
\2\ Pusan Pipe is the importer of record for all of SeAH VINA's
shipments of subject merchandise to the United States during the
POR. 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 4 Questionnaire,'' dated
December 4, 2020 at 1.
\3\ See Memorandum, ``Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated May 27,
2021.
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For a full description of events that have occurred since the
Initiation Notice, see the Preliminary Decision Memorandum.\4\ A list
of topics included in the Preliminary Decision Memorandum is included
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="http://access.trade.gov">http://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>.
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\4\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review,''
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 order is certain OCTG. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce conducted this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended
(the Act). Constructed export prices have been calculated in accordance
with section 772(b) of the Act. Because Vietnam is a non-market economy
(NME) within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
[[Page 55808]]
Vietnam-Wide Entity
Commerce's policy regarding conditional review of the Vietnam-wide
entity applies to this administrative review.\5\ Under this policy, the
Vietnam-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the Vietnam-wide entity
in this review, the entity is not under review and the entity's rate
(i.e., 111.47 percent) \6\ is not subject to change.
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\5\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\6\ 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); see also Certain Oil Country Tubular
Goods from India, the Republic of Korea, Taiwan, the Republic of
Turkey, and the Socialist Republic of Vietnam: Notice of Correction
to the Antidumping Duty Orders with Respect to Turkey and the
Socialist Republic of Vietnam, 79 FR 59740 (October 3, 2014).
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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period September 1, 2019, through
August 31, 2020:
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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 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 4 Questionnaire,'' dated December 4, 2020
at 1. Therefore, we have not calculated a rate for Pusan Pipe.
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Weighted-
average
Exporter margin
(percent)
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SeAH Steel VINA Corporation \7\............................. 4.67
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Disclosure, Public Comment and Opportunity To Request a Hearing
Commerce will disclose the calculations used in our analysis to
parties in this review within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b). Interested parties
may submit case briefs within 30 days after the date of publication of
these preliminary results of review in the Federal Register.\8\
Rebuttals to case briefs, which must be limited to issues raised in the
case briefs, may be filed within seven days after the time limit for
filing case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this review are
requested to submit with each argument: (a) A statement of the issue,
(b) a brief summary of the argument, and (c) a table of
authorities.\10\ Parties submitting briefs should do so pursuant to
Commerce's electronic filing system, ACCESS.\11\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information.\12\
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d)(1)-(2).
\10\ See 19 CFR 351.309(c)(2), (d)(2).
\11\ See 19 CFR 351.303 (for general filing requirements).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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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 within 30 days of the date of
publication of this notice. Requests should contain the party's name,
address and telephone number, the number of participants, whether any
participant is a foreign national and a list of the issues to be
discussed. 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 the hearing at a date and time to be
determined.\13\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\13\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case briefs, within 120 days of publication of these
preliminary results in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\14\ 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).
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\14\ See 19 CFR 351.212(b).
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For assessment purposes, Commerce applied the assessment rate
calculation method adopted in Antidumping Final Modification.\15\ For
any individually examined respondent whose weighted average dumping
margin is above de minimis (i.e., 0.50 percent) in the final results of
this review, Commerce will calculate importer-specific assessment rates
on the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of sales, in
accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-)
specific ad valorem rate is greater than de minimis, Commerce will
instruct CBP to collect the appropriate duties at the time of
liquidation.\16\ Where either a respondent's weighted average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
ad valorem is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\17\
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\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Antidumping Final Modification) described in more detail in the
Preliminary Decision Memorandum.
\16\ See 19 CFR 351.212(b)(1).
\17\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from Vietnam entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously examined Vietnamese and non-Vietnamese exporters not listed
above that at the time of entry are eligible for a separate rate based
on a prior completed segment of this proceeding, the cash deposit rate
will continue to be the existing exporter-specific cash deposit rate;
(3) for all Vietnamese exporters of subject merchandise that have not
been found to be entitled to a separate rate at the time of entry, the
cash deposit rate will be that for the Vietnamese-wide entity; and (4)
for all non-Vietnamese exporters of subject merchandise that at the
time of entry are
[[Page 55809]]
not eligible for a separate rate, the cash deposit rate will be the
rate applicable to the Vietnamese exporter that supplied that non-
Vietnamese exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
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 duties prior to liquidation
of the relevant entries during the POR. 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
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: September 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--October 28, 2021 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
[FR Doc. 2021-21901 Filed 10-6-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 7, 2021.
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