Notice2021-23714
Oil Country Tubular Goods From the Republic of Korea and the Russian Federation: Initiation of Countervailing Duty Investigations
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
November 1, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 86 Issue 208 (Monday, November 1, 2021)</title>
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[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60210-60214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23714]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-913, C-821-834]
Oil Country Tubular Goods From the Republic of Korea and the
Russian Federation: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 26, 2021.
FOR FURTHER INFORMATION CONTACT: Paul Litwin (the Republic of Korea) or
Allison Hollander (the Russian Federation), AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6002 or (202) 482-2805, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 6, 2021, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of oil
country tubular goods (OCTG) from the Republic of Korea (Korea) and the
Russian Federation (Russia), filed in proper form on behalf of Borusan
Mannesmann Pipe U.S., Inc.; PTC Liberty Tubulars LLC; U.S. Steel
Tubular Products, Inc.; the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC; and Welded Tube USA, Inc. (the
petitioners), domestic producers of OCTG and a certified union that
represents workers engaged in the production of OCTG.\1\ The Petitions
were accompanied by antidumping duty (AD) petitions concerning imports
of OCTG from Argentina, Mexico, and Russia.\2\
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\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Oil Country Tubular Goods
from Argentina, Mexico, the Republic of Korea, and Russia,'' dated
October 6, 2021 (Petitions).
\2\ Id.
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On October 8, 12, and 19, 2021, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ The
petitioners filed responses to these requests on October 12, 13, 15,
and 21, 2021.\4\
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\3\ See Commerce's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Oil Country
Tubular Goods from Argentina, Mexico, the Republic of Korea, and the
Russian Federation: Supplemental Questions,'' dated October 8, 2021
(General Issues Questionnaire); Commerce's Letter, ``Petition for
the Imposition of Countervailing Duties on Imports of Oil Country
Tubular Goods from the Russian Federation: Supplemental Questions,''
dated October 8, 2021; Commerce's Letter, ``Petition for the
Imposition of Countervailing Duties on Imports of Oil Country
Tubular Goods from the Republic of Korea: Supplemental Questions,''
dated October 12, 2021; and Commerce's Letter, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Oil Country Tubular Goods from Argentina, Mexico, the Republic of
Korea, and the Russian Federation: Supplemental Questions,'' dated
October 19, 2021.
\4\ See Petitioners' Letter, ``Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and Russia: Response to
General Issues Questionnaire,'' dated October 12, 2021 (First
General Issues Supplement); Petitioners' Letter, ``Oil Country
Tubular Goods from the Russian Federation: Responses to Supplemental
Questions,'' dated October 13, 2021; Petitioners' Letter, ``Oil
Country Tubular Goods from the Republic of Korea: Responses to
Supplemental Questions,'' dated October 15, 2021; and Petitioners'
Letter, ``Oil Country Tubular Goods from Argentina, Mexico, the
Republic of Korea, and Russia: Response to Second General Issues
Questionnaire,'' dated October 21, 2021 (Second General Issues
Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Government of Korea
(GOK) and the Government of Russia (GOR) are providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of OCTG in Korea and Russia, and that such imports are
materially injuring, or threatening material injury to, the domestic
industry producing OCTG in the United States. Consistent with section
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs
on which we are initiating CVD investigations, the Petitions were
accompanied by information reasonably available to the petitioners
supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry because the petitioners are interested
parties, as defined in sections 771(9)(C) and (D) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support with respect to the initiation of the requested CVD
investigations.\5\
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\5\ See ``Determination of Industry Support for the Petitions''
section, infra.
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Period of Investigation
Because the Petitions were filed on October 6, 2021, the period of
investigation (POI) for these CVD investigations is January 1, 2020,
through December 31, 2020.\6\
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\6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The merchandise covered by these investigations are oil country
tubular goods from Korea and Russia. For a full description of the
scope of these investigations, see the appendix to this notice.
Comments on Scope of the Investigations
On October 13, 2021, Commerce spoke with counsel to the petitioners
regarding the proposed scope to ensure that the scope language in the
Petitions is an accurate reflection of the products for which the
domestic industry is seeking relief.\7\
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\7\ See Memorandum, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Oil Country
Tubular Goods from Argentina, Mexico, the Republic of Korea, and the
Russian Federation; Phone Call with Counsel to the Petitioners,''
dated October 13, 2021.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate
[[Page 60211]]
preparation of its questionnaires, Commerce requests that all
interested parties submit scope comments by 5:00 p.m. Eastern Time (ET)
on November 15, 2021, which is 20 calendar days from the signature date
of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on November 26, 2021, which
is the first business day after 10 calendar days from the initial
comment deadline.\10\
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\8\ See Countervailing Duties, 62 FR 27323 (May 19, 1997).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ The deadline for rebuttal comments falls on November 25,
2021, which is a Federal holiday. Commerce's practice dictates that
where a deadline falls on a weekend or Federal holiday, the
appropriate deadline is the next business day (in this instance,
November 26, 2021). See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005).
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Commerce requests that any factual information the parties consider
relevant to the scope of the investigations be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigations may
be relevant, the party may contact Commerce and request permission to
submit the additional information. All such comments must be filed on
the records of each of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOK and the GOR of the receipt of the Petitions and
provided an opportunity for consultations with respect to the
Petitions.\12\ Commerce held consultations with the GOK and the GOR on
October 14 and 21, 2021, respectively.\13\
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\12\ See Commerce's Letter, ``Countervailing Duty Petition on
Oil Country Tubular Goods from the Republic of Korea,'' dated
October 8, 2021; and Commerce's Letter, ``Invitation for
Consultations,'' dated October 7, 2021.
\13\ See Memorandum, ``Consultations with Government of the
Republic of Korea,'' dated October 15, 2021; and Memorandum,
``Countervailing Duty Petition on Oil Country Tubular Goods from the
Russian Federation: Consultations with Officials from the Government
of the Russian Federation,'' dated October 21, 2021.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\16\ Based on our analysis of the information
submitted on the record, we have determined that OCTG, as defined in
the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\17\
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\16\ See Petitions at Volume I at 20-22 and Exhibits I-11, I-13,
I-14, and I-18.
\17\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Country-Specific Checklists, ``Countervailing Duty Investigation
Initiation Checklists: Oil Country Tubular Goods from the Republic
of Korea and the Russian Federation,'' dated concurrently with this
Federal Register notice and on file electronically via ACCESS
(Country-Specific CVD Initiation Checklists) at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Oil Country Tubular Goods from Argentina,
Mexico, the Republic of Korea, and the Russian Federation
(Attachment II).
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the 2020 production of OCTG for the U.S. producers that support the
Petitions.\18\ The petitioners estimated the 2020 production by non-
petitioning companies using shipment data available for the entire OCTG
industry and publicly available information on production and domestic
shipments from the ITC's 2020 report from the sunset review of OCTG
from India, Korea, Turkey, Ukraine, and the Socialist Republic of
Vietnam.\19\ The petitioners estimated the total 2020 production of the
domestic like product
[[Page 60212]]
for the entire industry by adding their production to the estimated
production of the non-petitioning producers.\20\ We relied on data
provided by the petitioners for purposes of measuring industry
support.\21\
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\18\ See Petitions at Volume I at Exhibits I-1 and I-3; see also
First General Issues Supplement at 4 and Exhibits 4 and 8; and
Second General Issues Supplement at Exhibits 3-5.
\19\ See Petitions at Volume I at Exhibits I-1 and I-2; see also
First General Issues Supplement at 6-10 and Exhibit 1 (containing
Oil Country Tubular Goods from India, Korea, Turkey, Ukraine, and
Vietnam, Inv. No. 701-TA-499-500 and 731-TA-1215-1216, 1221-1223
(Review), USITC Pub. 5090 (July 2020) (OCTG Review)) and Exhibit 8
(containing OCTG Review at Table III-5); and Second General Issues
Supplement at Exhibit 5.
\20\ See First General Issues Supplement at 7 and Exhibit 8; see
also Second General Issues Supplement at Exhibit 5.
\21\ See Petitions at Volume I at Exhibits I-1 and I-2; see also
First General Issues Supplement at 3-10 and Exhibits 1, 4, 5, and 8;
and Second General Issues Supplement at 1-2 and Exhibits 2-5.
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On October 8, 15, and 20, 2021, we received comments on industry
support from Tenaris Bay City, Inc.; IPSCO Tubulars Inc.; Maverick Tube
Corporation; and Tenaris Global Services (U.S.A.) Corporation
(collectively, Tenaris USA), U.S. producers of OCTG.\22\ On October 18,
2021, the petitioners responded to the comments from Tenaris USA.\23\
On October 21, 2021, the GOR raised industry support comments during
the consultations held regarding the Russia CVD Petition.\24\ On
October 21, 2021, we received comments from TMK Group (TMK), a Russian
producer and exporter of OCTG.\25\ On October 22, 2021, Tenaris USA
filed its fourth submission with Commerce and formally indicated that
it opposes the Petitions.\26\ Also on October 22, 2021, the petitioners
responded to TMK's comments.\27\
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\22\ See Tenaris USA's Letters, ``Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and Russia: Factual Errors
in Petitions,'' dated October 8, 2021; and ``Oil Country Tubular
Goods from Argentina, Mexico, the Republic of Korea, and Russia:
Comments on Petitioners' Standing,'' dated October 15, 2021; and
``Oil Country Tubular Goods from Mexico: Reply Comments on
Petitioners' Standing,'' dated October 20, 2021. In addition, on
October 21, 2021, Commerce met via video conference with counsel to
Tenaris USA to discuss its industry support comments. See
Memorandum, ``Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and the Russian
Federation,'' dated October 21, 2021.
\23\ See Petitioners' Letter, ``Oil Country Tubular Goods from
Argentina, Mexico, Russia, and the Republic of Korea: Response to
Tenaris Submission Concerning Petitioners' Standing,'' dated October
18, 2021 (Petitioners' Letter).
\24\ See Memorandum, ``Countervailing Duty Petition on Oil
Country Tubular Goods from the Russian Federation: Consultations
with Officials from the Government of the Russian Federation,''
dated October 21, 2021; see also GOR's Letter, ``Countervailing Duty
Investigation of Certain Oil Country Tubular Goods from the Russian
Federation: Consultations,'' dated October 25, 2021.
\25\ See TMK's Letter, ``Oil Country Tubular Goods from Russia:
Comments on Petitioners' Standing,'' dated October 21, 2021.
\26\ See Tenaris USA's Letter, ``Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and Russia: Comments on
Petitioners' Second General Issues Questionnaire Response,'' dated
October 22, 2021. We note that, though Tenaris USA opposes the
Petitions, it has not provided any production data for Commerce to
include in the industry support calculation. See Country-Specific
CVD Initiation Checklists at Attachment II at footnote 47.
\27\ See Petitioners' Letter, ``Oil Country Tubular Goods from
Russia: Response to TMK's Comments on Petitioners' Standing,'' dated
October 22, 2021 (Petitioners' Letter II).
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Based on the information provided in the Petitions, the First
General Issues Supplement, Petitioners' Letter, the Second General
Issues Supplement, Petitioners' Letter II, and other information
readily available to Commerce, we determine that the domestic producers
and workers have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\28\ Because the
Petitions and supplemental submissions did not establish support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product, Commerce was
required to take further action in order to evaluate industry
support.\29\ In this case, Commerce was able to rely on other
information, in accordance with section 702(c)(4)(D)(i) of the Act, to
determine industry support.\30\ Based on information provided in the
Petitions, the First General Issues Supplement, Petitioners' Letter,
the Second General Issues Supplement, Petitioners' Letter II, and other
information readily available to Commerce, the domestic producers and
workers have met the statutory criteria for industry support under
section 702(c)(4)(A)(ii) of the Act because the domestic producers (or
workers) who support the Petitions account for more than 50 percent of
the production of the domestic like product produced by that portion of
the industry expressing support for, or opposition to, the
Petitions.\31\ We note that, even if all other U.S. producers of OCTG
oppose the Petitions (including Tenaris USA), the supporters of the
Petitions would still have the requisite level of industry support
pursuant to section 702(c)(4)(A)(ii) of the Act.\32\ Accordingly,
Commerce determines that the Petitions were filed on behalf of the
domestic industry within the meaning of section 702(b)(1) of the
Act.\33\
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\28\ See Country-Specific CVD Initiation Checklists at
Attachment II.
\29\ See section 702(c)(4)(D) of the Act.
\30\ See Country-Specific CVD Initiation Checklists at
Attachment II.
\31\ Id.
\32\ Id.
\33\ Id.
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Injury Test
Because Korea and Russia are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from Korea and/or
Russia materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports
threaten to cause material injury to the U.S. industry producing the
domestic like product. In addition, the petitioners allege that subject
imports exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\34\
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\34\ See Petitions at Volume I at 28 and Exhibit I-22.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price suppression; lost sales
and revenues; declines in production, U.S. shipments, and capacity
utilization; decline in employment; and adverse impact on the domestic
industry's financial performance.\35\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\36\
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\35\ Id. at 1-2, 28-48 and Exhibits I-1, I-5, I-6, I-8, I-9, I-
11, I-13, I-14, I-20, I-22 through I-34; see also First General
Issues Supplement at 10.
\36\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Oil Country Tubular Goods from Argentina, Mexico,
the Republic of Korea, and the Russian Federation.
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Initiation of CVD Investigations
Based upon our examination of the Petitions on OCTG from Korea and
Russia, including supplemental information provided by the petitioners,
we find that the Petitions meet the requirements of section 702 of the
Act. Therefore, we are initiating CVD investigations to determine
whether imports of OCTG from Korea and Russia benefit from
countervailable subsidies conferred by the GOK and the GOR,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR
[[Page 60213]]
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the publication date of
these initiations.
Korea
Based on our review of the Petition on Korean OCTG, we find that
there is sufficient information to initiate a CVD investigation on 46
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see Korea CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
Russia
Based on our review of the Petition on Russian OCTG, we find that
there is sufficient information to initiate a CVD investigation on 12
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see Russia CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
Respondent Selection
The petitioners named 287 companies in Korea and 14 companies in
Russia as producers/exporters of OCTG.\37\ Commerce intends to follow
its standard practice in CVD investigations and calculate company-
specific subsidy rates in these investigations.
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\37\ See Volume I of the Petitions at Exhibit I-19.
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In the event that Commerce determines that the number of companies
in Korea or Russia is large and it cannot individually examine each
company based upon Commerce's resources, where appropriate, Commerce
intends to select respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of OCTG from Korea and Russia
during the POI under the appropriate Harmonized Tariff Schedule of the
United States subheadings listed in the ``Scope of the
Investigations,'' in the appendix.
On October 19, 2021, Commerce released CBP data for U.S. imports of
OCTG from Korea and Russia under administrative protective order (APO)
to all parties with access to information protected by APO and
indicated that interested parties wishing to comment regarding the CBP
data and respondent selection must do so within three business days of
the publication date of the notice of initiation of these CVD
investigations.\38\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection. Interested parties must
submit applications for disclosure under APO in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
the Commerce's website at <a href="http://enforcement.trade.gov/apo">http://enforcement.trade.gov/apo</a>.
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\38\ See Memoranda, ``Countervailing Duty Petition on Imports of
Oil Country Tubular Goods from the Russian Federation: Release of
U.S. Customs and Border Protection Data,'' dated October 19, 2021;
and ``Countervailing Duty Petition on Imports of Oil Country Tubular
Goods from the from the Republic of Korea: Release of U.S. Customs
and Border Protection Data,'' dated October 19, 2021.
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Comments on CBP data and respondent selection must be filed
electronically using ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the specified deadline.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOK and GOR via ACCESS. To the extent practicable,
Commerce will attempt to provide a copy of the public version of the
Petitions to each exporter named in the Petitions, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of OCTG from Korea and Russia are materially
injuring or threatening material injury to a U.S. industry.\39\ A
negative ITC determination for any country will result in the
investigation being terminated with respect to that country.\40\
Otherwise, the investigations will proceed according to statutory and
regulatory time limits.
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\39\ See section 733(a) of the Act.
\40\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Any party, when submitting factual
information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, provide an explanation identifying
the information already on the record that the factual information
seeks to rebut, clarify, or correct.\41\ Time limits for the submission
of factual information are addressed in 19 CFR 351.301, which provides
specific time limits based on the type of factual information being
submitted. Interested parties should review the regulations prior to
submitting factual information in these investigations.
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\41\ See 19 CFR 351.301(b).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301 or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, standalone submission; under limited circumstances Commerce
will grant untimely-filed requests for the extension of time limits.
Parties should review Commerce's regulations concerning the extension
of time limits prior to submitting extension requests in these
investigations.\42\
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\42\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at <a href="http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\43\
Parties must use the certification formats provided in 19 CFR
351.303(g).\44\ Commerce intends to
[[Page 60214]]
reject factual submissions if the submitting party does not comply with
the applicable certification requirements.
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\43\ See section 782(b) of the Act.
\44\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Instructions for filing such
applications may be found on the Commerce website at <a href="http://enforcement.trade.gov/apo">http://enforcement.trade.gov/apo</a>. Parties wishing to participate in these
investigations should ensure that they meet the requirements of 19 CFR
351.103(d) (e.g., by filing a letter of appearance). Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\45\
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\45\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
Dated: October 26, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by the investigations is certain oil
country tubular goods (OCTG), which are hollow steel products of
circular cross-section, including oil well casing and tubing, of
iron (other than case iron) or steel (both carbon and alloy),
whether seamless or welded, regardless of end finish (e.g., whether
or not plain end, threaded, or threaded and coupled) whether or not
conforming to American Petroleum Institute (API) or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service
OCTG products), whether or not thread protectors are attached. The
scope of the investigations also covers OCTG coupling stock.
Subject merchandise includes material matching the above
description that has been finished, packaged, or otherwise processed
in a third country, including by performing any heat treatment,
cutting, upsetting, threading, coupling, or any other finishing,
packaging, or processing that would not otherwise remove the
merchandise from the scope of the investigations if performed in the
country of manufacture of the OCTG.
Excluded from the scope of the investigations are: Casing or
tubing containing 10.5 percent or more by weight of chromium; drill
pipe; unattached couplings; and unattached thread protectors.
The merchandise subject to these investigations is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7304.29.1010, 7304.29.1020,
7304.29.1030, 7304.29.1040, 7304.29.1050, 7304.29.1060,
7304.29.1080, 7304.29.2010, 7304.29.2020, 7304.29.2030,
7304.29.2040, 7304.29.2050, 7304.29.2060, 7304.29.2080,
7304.29.3110, 7304.29.3120, 7304.29.3130, 7304.29.3140,
7304.29.3150, 7304.29.3160, 7304.29.3180, 7304.29.4110,
7304.29.4120, 7304.29.4130, 7304.29.4140, 7304.29.4150,
7304.29.4160, 7304.29.4180, 7304.29.5015, 7304.29.5030,
7304.29.5045, 7304.29.5060, 7304.29.5075, 7304.29.6115,
7304.29.6130, 7304.29.6145, 7304.29.6160, 7304.29.6175,
7305.20.2000, 7305.20.4000, 7305.20.6000, 7305.20.8000,
7306.29.1030, 7306.29.1090, 7306.29.2000, 7306.29.3100,
7306.29.4100, 7306.29.6010, 7306.29.6050, 7306.29.8110, and
7306.29.8150.
The merchandise subject to the investigations may also enter
under the following HTSUS item numbers: 7304.39.0024, 7304.39.0028,
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044,
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.39.0076, 7304.39.0080,
7304.59.6000, 7304.59.8015, 7304.59.8020, 7304.59.8025,
7304.59.8030, 7304.59.8035, 7304.59.8040, 7304.59.8045,
7304.59.8050, 7304.59.8055, 7304.59.8060, 7304.59.8065,
7304.59.8070, 7304.59.8080, 7305.31.4000, 7305.31.6090,
7306.30.5055, 7306.30.5090, 7306.50.5050, and 7306.50.5070.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigations is dispositive.
[FR Doc. 2021-23714 Filed 10-29-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 1, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.