Notice2024-17636
Oil Country Tubular Goods From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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
August 8, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that oil country tubular goods (OCTG) from Ukraine were sold in the United States at less than normal value during the period of review (POR), July 1, 2022, through June 30, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 153 (Thursday, August 8, 2024)</title>
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[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Pages 64872-64874]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17636]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that oil country tubular goods (OCTG) from Ukraine were sold in the
United States at less than normal value during the period of review
(POR), July 1, 2022, through June 30, 2023. We invite interested
parties to comment on these preliminary results.
DATES: Applicable August 8, 2024.
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 the antidumping duty order on
OCTG from Ukraine.\1\ On July 3, 2023, Commerce published in the
Federal Register a notice of opportunity to request an administrative
review of the Order for the POR.\2\ Pursuant to section 751(a)(1) of
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b)(1),
Commerce received timely requests to conduct an administrative review
of the Order with respect to Interpipe from Borusan Mannesmann Pipe
U.S., Inc. and Welded Tube USA, Inc (collectively, the domestic
interested parties); and Interpipe.\3\ On September 11, 2023, Commerce
initiated an administrative review of the Order.\4\ This review covers
the sole mandatory respondent, Interpipe.\5\ On March 21, 2024, we
extended the deadline for these preliminary results until no later than
July 30, 2024.\6\ On July 22, 2024,
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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 and Join Annual Inquiry Service List, 88 FR 42693 (July 3,
2023).
\3\ See Domestic Interested Parties' Letter, ``Request for
Administrative Review,'' dated July 31, 2023; and Interpipe's
Letter, ``Request for Review--2022-2023,'' dated July 31, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 62323, 62333 (September 11, 2023).
\5\ The following companies are 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; 2021-2022, 88 FR
51289 (August 3, 2023), and accompanying Preliminary Decision
Memorandum unchanged in Oil Country Tubular Goods from Ukraine:
Final Results of Antidumping Duty Administrative Review; 2021-2022,
88 FR 88362 (December 21, 2023), and accompanying Issues and
Decision Memorandum.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 21,
2024.
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[[Page 64873]]
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\7\ The deadline for these preliminary results is now August
6, 2024.
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\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
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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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Oil Country
Tubular Goods from Ukraine; 2022-2023,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order \9\
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\9\ See Order, 84 FR at 33919.
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The merchandise subject to the Order is certain OCTG from Ukraine.
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.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists for the period July 1, 2022,
through June 30, 2023:
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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 1.39
Interpipe Niznedneprovsky Tube Rolling Plant/LLC
Interpipe Niko Tube (collectively, Interpipe).........
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Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\10\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; (2) a brief summary of the argument;
and (3) a table of authorities.\11\ Case and rebuttal briefs should be
filed using ACCESS \12\ and must be served on interested parties.\13\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ Id.; see also 19 CFR 351.303 (for general filing
requirements).
\13\ See 19 CFR 351.303(f).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\14\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. 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 briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Assessment Rates
Upon completion of the administrative 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 is not zero or de
minimis (i.e., less than 0.5 percent), then Commerce will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for each importer's
examined sales to 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. 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
[[Page 64874]]
determined to be zero or de minimis, no antidumping duties will be
assessed.'' \17\
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\16\ See 19 CFR 351.212(b).
\17\ 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) \18\ if there is no rate for
the intermediate company (or companies) involved in the
transaction.\19\
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\18\ See Order, 84 FR at 33919.
\19\ 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 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.\20\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\20\ See Order, 84 FR at 33919.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary 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 review period. 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
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(h)(2) and 351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
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. Currency Conversion
VI. Recommendation
[FR Doc. 2024-17636 Filed 8-7-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 8, 2024.
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