Notice2022-20169
Oil Country Tubular Goods From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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
September 19, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that sales of oil country tubular goods (OCTG) from Ukraine were made at less than normal value during the period of review (POR) July 1, 2020, through June 30, 2021. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 180 (Monday, September 19, 2022)</title>
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[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Notices]
[Pages 57176-57178]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20169]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that sales of oil country tubular goods (OCTG) from Ukraine were made
at less than normal value during the period of review (POR) July 1,
2020, through June 30, 2021. We invite interested parties to comment on
these preliminary results.
DATES: Applicable September 19, 2022.
FOR FURTHER INFORMATION CONTACT: Toni Page, 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) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
On July 16, 2019, Commerce published in the Federal Register the
antidumping duty order on OCTG from Ukraine.\1\ On July 1, 2021,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order on OCTG from Ukraine for
the POR July 1, 2020, through June 30, 2021.\2\ On September 7, 2021,
based on timely requests for review, Commerce initiated an
administrative review of the Order.\3\ The domestic interested parties
are: Maverick Tube Corporation; Tenaris Bay City, Inc.; IPSCO Tubulars
Inc.; and United States Steel Corporation. This review covers the sole
mandatory respondent, Interpipe.\4\
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 35065 (July 1, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021).
\4\ In the most recent administrative review of this proceeding,
we treated the following companies as a single entity: Interpipe
Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky
Tube Rolling Plant; LLC Interpipe Niko Tube (collectively,
Interpipe). See Oil Country Tubular Goods from Ukraine: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR
43522 (August 9, 2021), and accompanying Preliminary Decision
Memorandum, at ``Affiliation and Collapsing,'' unchanged in Oil
Country Tubular Goods from Ukraine: Final Results of Antidumping
Duty Administrative Review; 2019-2020, 87 FR 7801 (February 10,
2022), and accompanying Issues and Decision Memorandum.
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On April 13, 2022, we extended the deadline for the preliminary
results of this review by 61 days in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213(h)(2).\5\ On June 27, 2022, Commerce further extended the
deadline for the preliminary results by an additional 59 days.\6\ For
details regarding the events that occurred subsequent to the initiation
of the review, see the Preliminary Decision Memorandum.\7\ A list of
topics discussed in the Preliminary Decision Memorandum is included in
the 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, 2020-2021,''
dated April 13, 2022.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, 2020-2021,''
dated June 27, 2022.
\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2020-2021 Administrative Review of the Antidumping
Duty Order on Oil Country Tubular Goods from Ukraine,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise under review is certain OCTG from Ukraine, which
are hollow steel products of circular cross-section, including oil well
casing and tubing, of iron (other than cast 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 Order also covers OCTG coupling stock. For a full description of
the scope, see the Preliminary Decision Memorandum.
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.
[[Page 57177]]
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period July 1, 2020, through June
30, 2021:
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Weighted-
average dumping
Producer and/or exporter margin
(percent)
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Interpipe Europe S.A./Interpipe Ukraine LLC/PJSC 1.59
Interpipe Niznedneprovsky Tube Rolling Plant/LLC
Interpipe Niko Tube...................................
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Disclosure
Commerce will disclose calculations performed for these preliminary
results to the parties within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs, or other written comments, may be submitted to the
Assistant Secretary for Enforcement and Compliance through ACCESS no
later than seven days after the date on which the final verification
report is issued in this proceeding.\8\ 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.\9\ Parties who submit case or
rebuttal briefs in this proceeding 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. Case and rebuttal briefs
should be filed using ACCESS \10\ and must be served on interested
parties.\11\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\12\
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\8\ See 19 CFR 351.309(c).
\9\ 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) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect)'').
\10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
\11\ See 19 CFR 351.303(f).
\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, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, within 30 days of the date of publication of this
notice.\13\ Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
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.\14\ Parties should confirm the date, time,
and location of the hearing two days before the scheduled date.
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\13\ See 19 CFR 351.310(c).
\14\ 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 and rebuttal briefs, within 120 days of publication
of these preliminary results in the Federal Register, unless extended,
pursuant to section 751(a)(3)(A) of the Act.
Verification
On December 16, 2021, the domestic interested parties requested,
pursuant to 19 CFR 351.307(b)(1)(v), that Commerce conduct verification
of the questionnaire responses submitted in this administrative
review.\15\ As provided in section 782(i)(1) of the Act, Commerce
intends to verify the information relied upon in making its final
determination for Interpipe.
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\15\ See Domestic Interested Parties' Letter, ``Oil Country
Tubular Goods from Ukraine: Request for On-Site Verification,''
dated December 16, 2021.
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Assessment Rates
Upon issuing the final results of this review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\16\ If the weighted-average dumping margin for Interpipe (i.e.,
the sole individually-examined respondent in this review) is 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.\17\ If Interpipe'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.'' \18\
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\16\ See 19 CFR 351.212(b)(1).
\17\ See 19 CFR 351.106(c)(2).
\18\ 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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In accordance with Commerce's ``automatic assessment'' practice,
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 those entries at
the all-others rate (i.e., 7.47 percent) \19\ if there is no rate for
the intermediate company (or companies) involved in the
transaction.\20\
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\19\ See Order, 84 FR at 33919.
\20\ 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
[[Page 57178]]
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 less-than-fair-value
investigation (LTFV) but the producer is, 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 LTFV
investigation of this proceeding.\21\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\21\ See Order, 84 FR at 33919.
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Notification to Importers
This notice also serves as a 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 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
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2).
Dated: September 9, 2022.
Lisa W. Wang,
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. Discussion of the Methodology
V. Treatment of Duties Under Section 232 of the Trade Expansion Act
of 1962
VI. Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2022-20169 Filed 9-16-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 19, 2022.
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