Notice2022-10049
Oil Country Tubular Goods From Argentina: Preliminary Affirmative Determinations of Sales at Less Than Fair Value and Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
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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
May 11, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that oil country tubular goods (OCTG) from Argentina are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 87 Issue 91 (Wednesday, May 11, 2022)</title>
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[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Notices]
[Pages 28801-28804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10049]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-824]
Oil Country Tubular Goods From Argentina: Preliminary Affirmative
Determinations of Sales at Less Than Fair Value and Critical
Circumstances, Postponement of Final Determination, and Extension of
Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that oil country tubular goods (OCTG) from Argentina are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is October 1, 2020, through September
30, 2021. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable May 11, 2022.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this LTFV investigation on
November 1, 2021.\1\ On February 17, 2022, Commerce postponed the
preliminary determination of this investigation until May 4, 2022.\2\
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\1\ See Oil Country Tubular Goods from Argentina, Mexico, and
the Russian Federation: Initiation of Less-Than-Fair-Value
Investigations, 86 FR 60205 (November 1, 2021) (Initiation Notice).
\2\ See Oil Country Tubular Goods from Argentina, Mexico, and
the Russian Federation: Postponement of Preliminary Determinations
in the Less-Than-Fair-Value Investigations, 87 FR 9034 (February 17,
2022).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of sections in the Preliminary Decision
Memorandum is included as Appendix II 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determinations of Sales at less Than Fair Value and
Critical Circumstances in Investigation of Oil Country Tubular Goods
from Argentina,'' dated concurrently with, and hereby adopted by
this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are OCTG from Argentina.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ in
the Initiation Notice Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\5\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this investigation and accompanying discussion and analysis of all
comments timely received, see the Preliminary
[[Page 28802]]
Scope Decision Memorandum.\6\ As discussed in the Preliminary Scope
Decision Memorandum, Commerce preliminarily modified the scope language
that appeared in the Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 86 FR at 60205-60206.
\6\ See Memorandum, ``Antidumping Duty Investigations of Oil
Country Tubular Goods from Argentina, Mexico, and the Russian
Federation and Countervailing Duty Investigations of Oil Country
Tubular Goods from the Republic of Korea, and the Russian
Federation: Preliminary Scope Decision Memorandum,'' dated March 7,
2022 (Preliminary Scope Decision Memorandum).
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In the Preliminary Scope Decision Memorandum Commerce established
the deadline for parties to submit scope case briefs.\7\ Commerce did
not receive any comments from interested parties regarding the scope as
stated in the Preliminary Scope Decision Memorandum prior to the
deadline. As explained in the Preliminary Scope Decision Memorandum,
there will be no further opportunity for comments on scope-related
issues.\8\
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\7\ Case briefs, other written comments, and rebuttal briefs
submitted by parties in response to this preliminary LTFV
determination should not include scope-related issues. See
Preliminary Scope Decision Memorandum, and ``Public Comment''
section of this notice.
\8\ See Preliminary Scope Decision Memorandum at 4.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated constructed export prices
in accordance with section 772(b) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. The rate shall be equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero and de
minimis margins, and any margins determined entirely under section 776
of the Act.
In this investigation, Commerce calculated an estimated weighted-
average dumping margin above de minimis for the sole mandatory
respondent, Siderca S.A.I.C. (Siderca). Because Siderca is the sole
mandatory respondent for which Commerce calculated a weighted-average
dumping margin, Commerce assigned Siderca's preliminary margin to all
other producers and exporters of the merchandise under consideration.
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances exist for all
companies in Argentina. For a full description of the methodology and
results of Commerce's critical circumstances analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist in this investigation:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Siderca S.A.I.C............................................. 76.43
All Others.................................................. 76.43
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of OCTG from Argentina, as described in Appendix I, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondent
listed in the table above is the company-specific estimated weighted-
average dumping margin calculated in this preliminary determination;
(2) if the exporter is not the respondent identified in the table
above, but the producer is, then the cash deposit rate is the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise in the table above; and (3) the
cash deposit rate for all other producers and exporters is the ``All-
Others'' estimated weighted-average dumping margin listed in the table
above.
Further, section 733(e)(2) of the Act provides that, in the event
of an affirmative determination of critical circumstances, any
suspension of liquidation shall apply to unliquidated entries of
merchandise entered, or withdrawn from warehouse, for consumption on or
after the later of: (a) The date which is 90 days before the date on
which the suspension of liquidation was first ordered; or (b) the date
on which notice of initiation of the investigation was published. As
noted above, Commerce preliminarily finds that critical circumstances
exist for imports of OCTG from Argentina produced and exported by all
companies. In accordance with 733(e)(2)(A), suspension of liquidation
shall apply to unliquidated entries of subject merchandise for
shipments that are entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this notice, the date suspension of liquidation is first
ordered. These suspension of liquidation instructions will remain in
effect until further notice.
Disclosure
Commerce intends to disclose its preliminary calculations and
related analysis to interested parties within five days of any public
announcement of the preliminary determination or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final
determination.\9\
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\9\ See Commerce's Letter, ``Antidumping Duty Investigation of
Oil Country Tubular Goods from Argentina: Notification of Intent to
Conduct Virtual Verification,'' dated March 16, 2022.
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Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and
Compliance.\10\ Interested parties will be notified of the timeline for
the submission of such case briefs and written comments at a later
date. Rebuttal briefs, limited to issues
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raised in case briefs, may be submitted no later than seven days after
the deadline date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities. Commerce has modified certain of its requirements
for serving documents containing business proprietary information until
further notice.\12\
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\10\ Case briefs, other written comments, and rebuttal briefs
submitted by parties in response to this preliminary LTFV
determination should not include scope-related issues. The scope
case briefs deadline expired on April 13, 2022. See Preliminary
Scope Decision Memorandum at 3-4; see also Oil Country Tubular Goods
from the Republic of Korea: Preliminary Negative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 87 FR 14248 (March 14, 2022); and
Oil Country Tubular Goods from the Russian Federation: Preliminary
Affirmative Countervailing Duty Determination, Preliminary Negative
Critical Circumstances Determination, and Alignment of Final
Determination With Final Antidumping Duty Determination, 87 FR 14249
(March 14, 2022).
\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\12\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests for a hearing should contain: (1) The requesting party's name,
address, and telephone number; (2) the number of individuals from the
requesting party that will attend the hearing, including whether any
individuals are foreign nationals; and (3) a list of the issues the
party intends to discuss at the hearing. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination in the Federal Register
if, in the event of an affirmative preliminary determination, a request
for such postponement is made by exporters who account for a
significant proportion of exports of the subject merchandise, or in the
event of a negative preliminary determination, a request for such
postponement is made by the petitioner. Section 19 CFR 351.210(e)(2) of
Commerce's regulations requires that a request by exporters for
postponement of the final determination be accompanied by a request for
extension of provisional measures from a four-month period to a period
not more than six months in duration.
On April 27, 2022, pursuant to 19 CFR 351.210(b) and (e), Siderca
requested that, contingent upon an affirmative preliminary
determination of sales at LTFV, Commerce postpone the final
determination in this investigation up to 135 days after publication of
this notice and that the provisional measures be extended to a period
not to exceed six months.\13\
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\13\ See Siderca's Letter, ``Oil Country Tubular Goods from
Argentina: Request for Postponement of Final Determination and
Extension of Provisional Measures Period,'' dated April 27, 2022.
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In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; \14\ and (3) no
compelling reasons for denial exist, Commerce is postponing the final
determination in this investigation and extending the provisional
measures from a four-month period to a period not greater than six
months. Accordingly, Commerce will make its final determination no
later than 135 days after the date of publication of this preliminary
determination in the Federal Register, pursuant to section 735(a)(2) of
the Act.\15\
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\14\ See Memorandum, ``Antidumping Duty Investigation of Oil
Country Tubular Goods from Argentina: Respondent Selection,'' dated
November 10, 2021.
\15\ See also 19 CFR 351.210(e).
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If Commerce's final determination is affirmative, then
the ITC will determine before the later of 120 days after the date of
this preliminary determination or 45 days after the final determination
whether imports of OCTG from Argentina into the United States are
materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR
351.205(c).
Dated: May 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation is certain 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 this investigation 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 investigation if performed in the
country of manufacture of the OCTG.
Excluded from the scope of the investigation are: casing,
tubing, or coupling stock containing 10.5 percent or more by weight
of chromium; drill pipe; unattached couplings; and unattached thread
protectors.
The merchandise subject to this investigation 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 this investigation 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 and specifications above are provided for
convenience and customs purposes only. The written description of
the scope of this investigation is dispositive.
Appendix II--List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
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V. Discussion of the Methodology
VI. Preliminary Affirmative Determination of Critical Circumstances
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-10049 Filed 5-10-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 11, 2022.
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