Notice2022-21170
Oil Country Tubular Goods From Mexico: Final Affirmative Determinations of Sales at Less Than Fair Value and Critical Circumstances
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 29, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of oil country tubular goods (OCTG) from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation October 1, 2020, through September 30, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 188 (Thursday, September 29, 2022)</title>
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[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59041-59043]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21170]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-856]
Oil Country Tubular Goods From Mexico: Final Affirmative
Determinations of Sales at Less Than Fair Value and Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of oil country tubular goods (OCTG) from Mexico are being, or
are likely to be, sold in the United States at less than fair value
(LTFV) during the period of investigation October 1, 2020, through
September 30, 2021.
DATES: Applicable September 29, 2022.
FOR FURTHER INFORMATION CONTACT: Emily Bradshaw or Yang Jin Chun, 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) 482-3896 or (202)
482-5760, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2022, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of OCTG
from Mexico, in which it also postponed the final determination until
September 23, 2022.\1\ We invited interested parties to comment on the
Preliminary Determination. A summary of the events that occurred since
Commerce published the Preliminary Determination, as well as a full
discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum.\2\
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\1\ See Oil Country Tubular Goods from Mexico: Preliminary
Affirmative Determinations of Sales at Less Than Fair Value and
Critical Circumstances, Postponement of Final Determination, and
Extension of Provisional Measures, 87 FR 28808 (May 11, 2022)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Oil Country Tubular Goods from Mexico:
Issues and Decision Memorandum for the Final Affirmative
Determinations of Sales at Less Than Fair Value and Critical
Circumstances,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are OCTG from Mexico.
For a complete description of the scope of this investigation, see
appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as appendix II. 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>.
Verification
Commerce was unable to conduct on-site verifications of the
information relied upon in making its final determination in this
investigation for reasons beyond its control. However, we conducted
virtual verifications in lieu of on-site verifications to verify the
information relied upon in making this final determination, in
accordance with section 782(i) of the Tariff Act of 1930, as amended
(the Act). Specifically, Commerce conducted virtual verifications of
the home market sales, U.S. sales, cost of production, and further
manufacturing responses submitted by Tubos de Acero de Mexico, S.A.
(TAMSA).
Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since the Preliminary Determination, we made
certain changes to the margin calculation for this final determination.
For a discussion of these changes, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act, i.e., facts otherwise available.
In this investigation, Commerce calculated an individual estimated
weighted-average dumping margin for the sole mandatory respondent,
TAMSA, that is not zero, de minimis, or
[[Page 59042]]
based entirely on facts otherwise available. Consequently, Commerce
assigned the estimated weighted-average dumping margin calculated for
TAMSA to all other producers and exporters of the merchandise under
consideration, pursuant to section 735(c)(5)(A) of the Act.
Final Affirmative Determination of Critical Circumstances
In accordance with section 735(a)(3) of the Act and 19 CFR 351.206,
Commerce continues to find that critical circumstances exist for all
companies in Mexico. For a full description of the methodology and
results of Commerce's critical circumstances analysis, see the Issues
and Decision Memorandum.\3\
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\3\ See Issues and Decision Memorandum at 3-4.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period October 1, 2020, through September
30, 2021:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Tubos de Acero de Mexico, S.A............................... 44.93
All Others.................................................. 44.93
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of this notice, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of subject merchandise, as described
in Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after May 11, 2022, the date of
publication of the Preliminary Determination in the Federal Register.
Further, in accordance with 735(c)(4) of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all entries of
subject merchandise, as described in Appendix I of this notice, which
were entered, or withdrawn from warehouse, for consumption on or after
February 10, 2022, which is 90 days before the date of publication of
the Preliminary Determination in the Federal Register. These suspension
of liquidation instructions will remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for the respondent listed
in the table above is the company-specific estimated weighted-average
dumping margin listed for the respondent in the table; (2) if the
exporter is not the respondent listed in the table above, but the
producer is, then the cash deposit rate is the company-specific
estimated weighted-average dumping margin listed for the 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.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of OCTG no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
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). 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).
Dated: September 23, 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 this 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.
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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 Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Final Affirmative Determination of Critical Circumstances
VI. Discussion of the Issues
Comment 1: U.S. Indirect Selling Expenses (ISE) Incurred in a
Third Country
Comment 2: Constructed Export Price (CEP) Offset
Comment 3: Additional Coupling Code
Comment 4: Additional Thread Codes
Comment 5: U.S. Early Payment Discounts
Comment 6: U.S. Inventory Carrying Costs
Comment 7: Affiliated Raw Material Input Purchases for Further
Manufacturing (FM)
Comment 8: FM Yield Losses
Comment 9: Research and Development (R&D) Expenses
Comment 10: Virtual Verification
VII. Recommendation
[FR Doc. 2022-21170 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 29, 2022.
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