Notice2022-21184
Oil Country Tubular Goods From Argentina: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances
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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
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 Argentina 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 59054-59056]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21184]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-824]
Oil Country Tubular Goods From Argentina: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Negative
Determination of 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 Argentina 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: 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
On May 11, 2022, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of OCTG
from Argentina, 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 Argentina: Preliminary
Affirmative Determinations of Sales at Less Than Fair Value and
Critical Circumstances, Postponement of Final Determination, and
Extension of Provisional Measures, 87 FR 28801 (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 Argentina, and Final
Negative Determination of Critical Circumstances,'' 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 Argentina.
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 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 at 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. However, in June 2022, we took additional steps 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
performed virtual verifications of the cost of production response,
home market and U.S. sales responses, as well as a further-
manufacturing cost response.\3\
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\3\ See Memoranda, ``Verification of the Sales Questionnaire
Response of Siderca S.A.I.C. in the Less-Than-Fair-Value
Investigation of Oil Country Tubular Goods from Argentina,'' dated
June 30 2022; ``Verification of the Sales Questionnaire Response of
Tenaris Global Services (U.S.A.) Corporation in the Less-Than-Fair-
Value Investigation of Oil Country Tubular Goods from Argentina,''
dated June 30, 2022; ``Virtual Verification of the Further
Manufacturing Cost Response of Siderca S.A.I.C. in the Antidumping
Duty Investigation of Oil Country Tubular Goods from Argentina,''
dated July 28, 2022; and ``Virtual Verification of the Cost of
Manufacturing Response of Siderca S.A.I.C. in the Antidumping Duty
Investigation of Oil Country Tubular Goods from Argentina,'' dated
July 28, 2022.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the margin calculations for this final determination. For a
discussion of these changes, see the ``Changes from the Preliminary
Determination'' section of 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 Siderca
S.A.I.C. (Siderca), the only individually examined producer or exporter
in this investigation. Because the only individually calculated
estimated weighted-average dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for all other producers and/or
exporters is equal to the estimated weighted-average dumping margin
calculated for the single examined respondent, Siderca, pursuant to
section 735(c)(5)(A) of the Act.
Final Negative Determination of Critical Circumstances
In accordance with section 735(a)(3) of the Act and 19 CFR
351.206(h), Commerce finds that critical
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circumstances do not exist for all companies in Argentina. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the ``Final Negative Determination of
Critical Circumstances'' section of the Issues and Decision Memorandum.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Siderca S.A.I.C............................................. 78.30
All Others.................................................. 78.30
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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 the
suspension of liquidation of all appropriate 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
this investigation 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
respondent-specific estimated weighted-average dumping margin
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 respondent-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.
As noted above, Commerce finds that critical circumstances do not
exist for imports of OCTG from Argentina produced and exported by all
companies. In accordance with section 735(c)(3) of the Act, Commerce
will instruct CBP to terminate any retroactive suspension of
liquidation required under section 733(e)(2) of the Act, and release
any bond or other security, and refund any cash deposit required, under
section 733(d)(1)(B) of the Act, with respect to entries of the
merchandise the liquidation of which was suspended retroactively under
section 733(e)(2) of the Act before May 11, 2022.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
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 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 ``Suspension of Liquidation'' section.
Administrative Protective Order
This notice will serve as a final reminder to the 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). 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 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).
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,
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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. Changes from the Preliminary Determination
IV. Final Negative Determination of Critical Circumstances
V. Discussion of the Issues
Comment 1: Constructed Export Price (CEP) Offset
Comment 2: Third-Country Indirect Selling Expenses (ISE)
Comment 3: Research and Development (R&D) Expenses for Further
Manufacturing Costs
VI. Recommendation
[FR Doc. 2022-21184 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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