Notice2022-25401
Oil Country Tubular Goods From Argentina, Mexico, and the Russian Federation: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determination for the Russian Federation
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
November 21, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) orders on oil country tubular goods (OCTG) from Argentina, Mexico, and the Russian Federation (Russia). In addition, Commerce is amending its final determination with respect to OCTG from Russia to correct a ministerial error.
Full Text
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<title>Federal Register, Volume 87 Issue 223 (Monday, November 21, 2022)</title>
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[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70785-70787]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25401]
[[Page 70785]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-824, A-201-856, A-821-833]
Oil Country Tubular Goods From Argentina, Mexico, and the Russian
Federation: Antidumping Duty Orders and Amended Final Affirmative
Antidumping Duty Determination for the Russian Federation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) orders on
oil country tubular goods (OCTG) from Argentina, Mexico, and the
Russian Federation (Russia). In addition, Commerce is amending its
final determination with respect to OCTG from Russia to correct a
ministerial error.
DATES: Applicable November 21, 2022.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov (Argentina), Yang
Chun or Emily Bradshaw (Mexico), and George McMahon or Michael Heaney
(Russia), AD/CVD Operations, Offices I and VI, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-0665, (202) 482-5760, (202) 482-3986, (202) 482-1167, or
(202) 482-4475, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on October 5, 2022, Commerce published its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of OCTG from Argentina, Mexico, and Russia.\1\ In the
investigation of OCTG from Russia, JSC Vyksa Steel Works (OMK/VSW)
submitted a timely allegation that Commerce made a ministerial error in
the final AD determination.\2\ We reviewed the allegation and
determined that we made a ministerial error in the final AD
determination on OCTG from Russia. See ``Amendment to the Final
Determination for Russia'' section below for further discussion. On
November 14, 2022, the ITC notified Commerce of its final
determinations, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of OCTG
from Argentina, Mexico, and Russia.\3\
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\1\ See Oil Country Tubular Goods from Argentina: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Negative Determination of Critical Circumstances, 87 FR 59054
(September 29, 2022); Oil Country Tubular Goods from Mexico: Final
Affirmative Determinations of Sales at Less Than Fair Value and
Critical Circumstances, 87 FR 59041 (September 29, 2022); and 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, 87 FR
59045 (September 29, 2022) (Russia Final Determination).
\2\ See OMK/VSW's Letter, ``Oil Country Tubular Goods from the
Russian Federation: OMK's Ministerial Error Comments,'' dated
September 30, 2022 (Ministerial Error Allegation).
\3\ See ITC's Letter, Investigation Nos. 701-TA-671-672 and 731-
TA-1571-1573 (Final), dated November 14, 2022.
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Scope of the Orders
The products covered by these orders are OCTG from Argentina,
Mexico, and Russia. For a complete description of the scope of these
orders, see the appendix to this notice.
Amendment to the Final Determination for Russia
On September 30, 2022, OMK/VSW timely alleged that Commerce made a
certain ministerial error in the Russia Final Determination with
respect to the dumping margin assigned to OMK/VSW.\4\ No other party
made an allegation of ministerial errors or submitted a rebuttal to
OMK/VSW's ministerial error allegation under 19 CFR 351.224(c)(3).
Commerce reviewed the record and, on October 26, 2022, agreed that the
error alleged by OMK/VSW constituted a ministerial error within the
meaning of section 735(e) of the Act and 19 CFR 351.224(f).\5\
Specifically, Commerce found that it made an inadvertent error in not
converting into U.S. dollars a certification expense reported by OMK/
VSW in Russian rubles.\6\ Pursuant to 19 CFR 351.224(e), Commerce is
amending the Russia Final Determination to reflect the correction of
the ministerial error, as described in the Ministerial Error
Memorandum.\7\ Based on the correction, OMK/VSW's final dumping margin
changed from 12.84 to 12.01 percent. As a result, we are also revising
the all-others rate from 12.84 to 12.01 percent. The amended estimated
weighted-average dumping margins are listed in the ``Estimated
Weighted-Average Dumping Margins'' section below.
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\4\ See Ministerial Error Allegation.
\5\ See Memorandum, ``Antidumping Duty Investigation of Oil
Country Tubular Goods from the Russian Federation: Allegation of
Ministerial Error in the Final Determination,'' dated October 26,
2022 (Ministerial Error Memorandum).
\6\ See Memorandum, ``Amended Final Analysis Memorandum for JSC
Vyksa Steel Works,'' dated October 26, 2022.
\7\ Id.
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Antidumping Duty Orders
On November 14, 2022, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of OCTG from Argentina,
Mexico, and Russia. Therefore, in accordance with section 735(c)(2) of
the Act, Commerce is issuing these AD orders. Because the ITC
determined that imports of OCTG from Argentina, Mexico, and Russia are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Argentina, Mexico, and Russia, entered or withdrawn
from warehouse for consumption, are subject to the assessment of ADs.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, ADs equal to the amount
by which the normal value of the merchandise exceeds the export price
(or constructed export price) of the merchandise, for all relevant
entries of OCTG from Argentina, Mexico, and Russia. With the exception
of entries occurring after the expiration of the provisional measures
period and before publication of the ITC's final affirmative injury
determinations, as further described below, antidumping duties will be
assessed on unliquidated entries of OCTG from Argentina, Mexico, and
Russia, entered, or withdrawn from warehouse, for consumption, on or
after May 11, 2022, the date of publication of the Preliminary
Determinations.\8\
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\8\ 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); 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); and 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) (collectively, Preliminary Determinations).
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 735(c)(1)(B) of
[[Page 70786]]
the Act, Commerce will instruct CBP to continue to suspend liquidation
on all relevant entries of OCTG from Argentina, Mexico, and Russia.
These instructions suspending liquidation will remain in effect until
further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed in the table below. The all-others
rate applies to all producers or exporters not specifically listed, as
appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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Exporter or producer Estimated weighted-average dumping
margin (percent)
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Argentina:
Siderca S.A.I.C............. 78.30
All Others.................. 78.30
Mexico:
Tubos de Acero de Mexico,
S.A........................ 44.93
All Others.................. 44.93
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Estimated Cash deposit rate
weighted- (adjusted for
Exporter or producer average subsidy offset(s))
dumping margin (percent)
(percent)
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Russia:
JSC Vyksa Steel Works....... 12.01 11.70
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
*..........................
All Others.................. 12.01 11.87
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* Rate based on adverse facts available.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of OCTG from Argentina, Mexico, and Russia, Commerce extended the four-
month period to six months in each of these investigations. Commerce
published the Preliminary Determinations on May 11, 2022.\9\
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\9\ Id.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on November 6,
2022. Therefore, in accordance with section 733(d) of the Act and our
practice,\10\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of OCTG from Argentina, Mexico, and Russia entered
or withdrawn from warehouse, for consumption after November 6, 2022,
the final day on which the provisional measures were in effect, until
and through the day preceding the date of publication of the ITC's
final affirmative injury determinations in the Federal Register.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determinations in
the Federal Register.
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\10\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\11\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\12\ The Final Rule and Procedural
Guidance provide that Commerce will maintain an annual inquiry service
list for each order or suspended investigation, and any interested
party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\13\
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\11\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\12\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\13\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and
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under a specific segment type called ``AISL-Annual Inquiry Service
List.'' \14\
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\14\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
published in the Federal Register in January, the relevant segment
and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \15\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\15\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD orders with respect to OCTG from
Argentina, Mexico, and Russia pursuant to section 736(a) of the Act.
Interested parties can find a list of AD orders currently in effect at
<a href="https://www.trade.gov/data-visualization/adcvd-proceedings">https://www.trade.gov/data-visualization/adcvd-proceedings</a>.
The amended Russia final determination and these AD orders are
published in accordance with sections 735(e) and 736(a) of the Act and
19 CFR 351.224(e) and 19 CFR 351.211(b).
Dated: November 16, 2022
Lisa W. Wang,
Assistant Secretary,for Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise covered by these orders 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 these orders 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 these orders if performed in the
country of manufacture of the OCTG.
Excluded from the scope of these orders 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 these orders 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 these orders 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 these orders is dispositive.
[FR Doc. 2022-25401 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-DS-P
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