Notice2022-21182
Oil Country Tubular Goods From the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Critical Circumstances Determination, in Part
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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 the Russian Federation (Russia) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) 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 59045-59047]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21182]
[[Page 59045]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-833]
Oil Country Tubular Goods From the Russian Federation: Final
Affirmative Determination of Sales at Less Than Fair Value, and Final
Affirmative Critical Circumstances Determination, in Part
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 the Russian Federation
(Russia) are being, or are likely to be, sold in the United States at
less than fair value (LTFV) for the period of investigation (POI)
October 1, 2020, through September 30, 2021.
DATES: Applicable September 29, 2022.
FOR FURTHER INFORMATION CONTACT: George McMahon or Mike Heaney, 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) 482-1167 or (202) 482-4475,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2022, Commerce published in the Federal Register the
preliminary affirmative determination in the LTFV investigation of OCTG
from Russia, 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 may be found in the
Issues and Decision Memorandum.\2\
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\1\ See Oil Country Tubular Goods from the Russian Federation:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Preliminary Negative Critical Circumstances Determination,
Postponement of Final Determination, and Extension of Provisional
Measures, 87 FR 28804 (May 11, 2022) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Oil Country Tubular Goods from the Russian
Federation,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is OCTG from Russia. For
a complete description of the scope of this investigation, see appendix
I.
Analysis of Comments Received
All the issues raised in the case and rebuttal briefs that were
submitted by 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 verification 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 an on-site verification to verify the
information relied upon in making this final determination with respect
to JSC Vyksa Steel Works (OMK/VSW), in accordance with section 782(i)
of the Tariff Act of 1930, as amended (the Act).\3\ Specifically,
Commerce conducted virtual verifications of OMK/VSW's information and
data on home market sales, U.S. sales, and cost of production.
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\3\ See Commerce's Letter, ``Less-Than-Fair-Value Investigation
of Oil Country Tubular Goods from the Russian Federation:
Verification of the Home Market and U.S. Sales Questionnaire
Response of JSC Vyksa Steel Works and OMK Tube,'' dated July 15,
2022; see also Commerce's Letter, ``Verification of the Cost
Response of Vyksa Steel Works in the Less-Than-Fair-Value
Investigation of Oil Country Tubular Goods from the Russian
Federation,'' dated July 8, 2022. Commerce did not issue a similar
request for documentation from the mandatory respondent, Volzhsky
Pipe Plant, Joint Stock Company (VTZ), because VTZ withdrew its
participation in this investigation subsequent to the Preliminary
Determination. See VTZ/TMK's Letter, ``Antidumping Investigation of
Oil Country Tubular Goods from Russia--VTZ and TMK Notice of
Withdrawal from the Investigation,'' dated May 27, 2022.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, we have made
certain changes to the margin calculations for OMK/VSW, and we applied
a margin based on adverse facts available for Volzhsky Pipe Plant,
Joint Stock Company (TMK/VTZ). 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
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act (i.e., facts otherwise available).
Commerce calculated an individual estimated weighted-average
dumping margin for OMK/VSW and assigned a rate based entirely on facts
available to TMK/VTZ, the two respondents selected for individual
examination in this investigation. Because the only individually
calculated dumping margin that is not zero, de minimis, or based
entirely on facts otherwise available, is the estimated weighted-
average dumping margin calculated for OMK/VSW, we have assigned the
margin calculated for OMK/VSW to all other producers and exporters,
pursuant to section 735(c)(5)(A) of the Act.
Final Affirmative Determination of Critical Circumstances, in Part
In accordance with section 735(a)(3) of the Act and 19 CFR
351.206(h), we find that critical circumstances exist for certain
companies in Russia. For a full description of the methodology and
results of Commerce's critical circumstances analysis, see the ``Final
Affirmative Determination of Critical Circumstances, in Part'' section
of the Issues and Decision Memorandum.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter or producer average dumping subsidy offset(s))
margin (percent) (percent) \4\
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JSC Vyksa Steel Works.......... 12.84 12.53
Volzhsky Pipe Plant, Joint * 184.21 * 184.21
Stock Company/Public Joint-
Stock Company Trubnaya
Metallurgicheskaya Kompaniya/
Sinarsky Pipe Plant, Joint
Stock Company/Seversky Pipe
Plant, Joint Stock Company/
Taganrog Metallurgical Plant,
Joint Stock Company/
Pervouralsk Pipe Plant, Joint
Stock Company/Chelyabinsk Pipe
Plant, Joint Stock Company/
Orsky Machine Building Plant,
Joint Stock Company \5\.......
All Others..................... 12.84 12.70
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* Adverse Facts Available (AFA).
Disclosure
We intend to disclose the 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).
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\4\ See Memoranda, ``Less-Than-Fair-Value Investigation of Oil
Country Tubular Goods from the Russian Federation: Final
Determination Analysis Memorandum for JSC Vyksa Steel Works,'' dated
concurrently with this memorandum; and ``Less-Than-Fair-Value
Investigation of Oil Country Tubular Goods from the Russian
Federation: Final Determination Calculation for the All-Others,''
dated concurrently with this memorandum.
\5\ Commerce preliminarily determined that Volzhsky Pipe Plant,
Joint Stock Company; Public Joint-Stock Company Trubnaya
Metallurgicheskaya Kompaniya; Sinarsky Pipe Plant, Joint Stock
Company; Seversky Pipe Plant, Joint Stock Company; Taganrog
Metallurgical Plant, Joint Stock Company; Pervouralsk Pipe Plant,
Joint Stock Company; Chelyabinsk Pipe Plant, Joint Stock Company;
Orsky Machine Building Plant, Joint Stock Company are affiliated
within the meaning of 771(33)(F) of the Act, and should be treated
as a single entity, in accordance with 19 CFR 351.401(f). See
Preliminary Determination; see also Memorandum, ``Less-Than-Fair-
Value Investigation of Oil Country Tubular Goods from Russia:
Preliminary Affiliation and Collapsing Memorandum for Volzhsky Pipe
Plant,'' dated May 4, 2022. Commerce received no comments regarding
the determination of affiliation among these companies. Accordingly,
Commerce continues to find these companies are affiliated and
continues to treat these companies as a single entity.
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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 the liquidation of all appropriate entries of subject
merchandise, as described in appendix I of this notice, entered, or
withdrawn from warehouse, for consumption on or after May 11, 2022, the
date of publication in the Federal Register of the affirmative
Preliminary Determination.
Section 735(c)(4)(B) of the Act provides that if there is an
affirmative final determination of critical circumstances following a
negative preliminary determination of critical circumstances,
suspension of liquidation shall apply to unliquidated entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the date on
which the suspension of liquidation was first ordered. As noted above,
Commerce finds that critical circumstances exist for imports of subject
merchandise produced and/or exported by TMK/VTZ. Therefore, in
accordance with section 735(c)(4)(B) of the Act, suspension of
liquidation shall apply to unliquidated entries of subject merchandise
produced or exported by TMK/VTZ that were entered, or withdrawn from
warehouse, for consumption on or after the date 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), 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 companies listed above will be equal to the
company-specific estimated weighted-average dumping margins determined
in this final determination; (2) if the exporter is not a company
identified above, but the producer is identified above, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
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, and 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 above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice will serve as a final reminder to the 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 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
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
[[Page 59047]]
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 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 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 Determinations of Affiliation and Single Entity Treatment
VI. Application of Facts Available and Use of Adverse Inferences
VII. Final Affirmative Determination of Critical Circumstances in
Part
VIII. Discussion of the Issues
Comment 1: OMK/VSW's Cost Reporting
Comment 2: Retention of TMK/VTZ's Business Proprietary
Information (BPI) on the Record of the Investigation
Comment 3: TMK/VTZ Adverse Facts Available (AFA) Margin and
Critical Circumstances Determination
IX. Recommendation
[FR Doc. 2022-21182 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-DS-P
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