Notice2022-07722
Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Final 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
April 11, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) finds that certain oil country tubular goods (OCTG) from the Socialist Republic of Vietnam (Vietnam) were sold in the United States at less than normal value for the period of review (POR) September 1, 2019, through August 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 69 (Monday, April 11, 2022)</title>
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[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21094-21096]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07722]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-817]
Certain Oil Country Tubular Goods From the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review; 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that certain oil
country tubular goods (OCTG) from the Socialist Republic of Vietnam
(Vietnam) were sold in the United States at less than normal value for
the period of review (POR) September 1, 2019, through August 31, 2020.
DATES: Applicable April 11, 2022.
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 January 28, 2021, Commerce published the Preliminary Results.\1\
On November 8, 2021, we received case briefs from Maverick Tube
Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars, Inc.
(collectively, the petitioners) and from SeAH Steel VINA Corporation
(SeAH VINA) and Pusan Pipe America, Inc. (Pusan Pipe) (collectively,
SSV).\2\ On November 15, 2021, the petitioners and SSV submitted
rebuttal briefs.\3\ On March 16, 2022, Commerce rejected the case
briefs of the petitioners and SSV because they contained new factual
information after the deadline for such information.\4\ The petitioners
and SSV submitted redacted versions of their case briefs on March 18,
2022.\5\ On January 28, 2022, we extended the deadline for the final
results of this review until April 5, 2022.\6\
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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 55807 (October 7, 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 November 8, 2021; and SSV's Letter, ``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 November 8, 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 November 15, 2021; see also SSV's Letter, ``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 November 15, 2021.
\4\ See Commerce's Letters, ``Antidumping Duty Administrative
Review of Oil Country Tubular Goods from the Socialist Republic of
Vietnam; 2019-20: Rejection of Case Brief Filed by Maverick Tube
Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars, Inc., and
Request for Resubmission of Its Case Brief,'' dated March 16, 2022;
and ``Antidumping Duty Administrative Review of Oil Country Tubular
Goods from the Socialist Republic of Vietnam; 2019-20: Rejection of
Case Brief of SeAH Steel VINA Corporation and Pusan Pipe America,
Inc., and Request for Resubmission of Its Case Brief,'' dated March
16, 2022.
\5\ See Petitioners' Letter, ``Oil Country Tubular Goods from
the Socialist Republic of Vietnam: Resubmission of Case Brief,''
dated March 18, 2022; and SSV's Letter, ``Administrative Review of
the Antidumping Order on Oil Country Tubular Goods from Vietnam--
Redacted Case Brief of SeAH Steel VINA Corporation and Pusan Pipe
America, Inc.,'' dated March 18, 2022.
\6\ See Memorandum, ``Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated January
28, 2022.
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For a complete description of the events that followed the
Preliminary Results of this administrative review,
[[Page 21095]]
see the Issues and Decision Memorandum, dated concurrently with these
final results and hereby adopted by this notice.\7\ Commerce is
conducting an administrative review of the antidumping duty order on
OCTG from Vietnam \8\ in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Oil Country Tubular Goods from the Socialist Republic of
Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
\8\ 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) (Order).
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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 Order,
see the Issues and Decision Memorandum.
Analysis of Comments Received
Commerce addressed all issues raised in the case and rebuttal
briefs in the Issues and Decision Memorandum. A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum is attached to this notice as the appendix. 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
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the margin calculation for SSV. For a discussion of the
issues, see the Issues and Decision Memorandum.
Separate Rates
No parties commented on our preliminary separate rate findings.
Therefore, we have continued to grant SSV separate rate status.
Final Results of Review
Commerce determines that the following weighted-average dumping
margin exists for the period September 1, 2019, through August 31,
2020:
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\9\ 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 dumping
margin
(percent)
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SeAH Steel VINA Corporation \9\............................ 1.49
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Disclosure
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 its recent notice,\10\ 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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\10\ 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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Where the respondent's weighted-average dumping margin is zero or
de minimis, or where an importer- (or customer-) specific ad valorem or
per-unit rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\11\
For entries that were not reported in the U.S. sales database submitted
by an exporter individually examined during this review, but that
entered under the case number of that exporter (i.e., at the
individually-examined exporter's cash deposit rate), Commerce will
instruct CBP to liquidate such entries at the Vietnam-wide rate (i.e.,
111.47 percent).\12\
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\11\ 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).
\12\ 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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For the individually-examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), Commerce will
calculate importer-specific assessment rates on the basis of the ratio
of the total amount of antidumping duties calculated for each
importer's examined sales and the total entered value of the sales, in
accordance with 19 CFR 351.212(b)(1).
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.\13\
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\13\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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
cash deposit rate of 1.49 percent; (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; \14\ 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
[[Page 21096]]
subject merchandise. These deposit requirements, when imposed, shall
remain in effect until further notice.
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\14\ See Order.
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Notification to Importers Regarding the Reimbursement of Duties
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 the 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 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, 19 CFR 351.213, and 19 CFR
351.221(b)(5).
Dated: April 5, 2022.
Lisa W. Wang,
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. Separate Rates
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
Comment 1: Whether to Include Another Harmonized Tariff Schedule
of the United States Heading in Establishing the Surrogate Value for
Hot-Rolled Coil and How to Determine the Surrogate Value
Comment 2: Whether to Disregard Certain Financial Statements
Used in the Preliminary Results to Calculate Financial Ratios
Comment 3: Whether Commerce's Differential Pricing Methodologies
Are Appropriate
Comment 4: Whether to Value Water as a Factor of Production
Comment 5: Whether to Deduct Section 232 Duties from U.S. Price
Comment 6: Whether Commerce Made Ministerial Errors in its
Preliminary Results
VII. Recommendation
[FR Doc. 2022-07722 Filed 4-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 11, 2022.
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