Notice2024-23488
Oil Country Tubular Goods From India: 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
October 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that oil country tubular goods (OCTG) from India were not sold by Surya Roshni Limited (Surya) in the United States at less than normal value (NV) during the period of review (POR) September 1, 2022, through August 31, 2023. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 197 (Thursday, October 10, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Notices]
[Pages 82223-82225]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23488]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-857]
Oil Country Tubular Goods From India: 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 India were not sold by Surya
Roshni Limited (Surya) in the United States at less than normal value
(NV) during the period of review (POR) September 1, 2022, through
August 31, 2023. We invite interested parties to comment on these
preliminary results.
DATES: Applicable October 10, 2024.
FOR FURTHER INFORMATION CONTACT: Brian Warnes, 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) 482-0028.
SUPPLEMENTARY INFORMATION:
Background
On September 10, 2014, Commerce published the antidumping duty
order on OCTG from India.\1\ On September 6, 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 a timely request to conduct an
administrative review of the Order from Surya.\3\ On November 15, 2023,
Commerce initiated an administrative review of the Order.\4\ This
review covers the sole mandatory respondent, Surya.
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods From the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691 (September 10, 2014) (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 60923 (September
6, 2023).
\3\ See Surya's Letter, ``Request for Administrative Review of
Antidumping Duty Order,'' dated September 28, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 78298 (November 15, 2023).
---------------------------------------------------------------------------
On May 20, 2024, we extended the deadline for these preliminary
results until no later than September 27, 2024.\5\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\6\ The deadline for these preliminary results is now
October 4, 2024.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 21,
2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
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>.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Oil Country Tubular Goods from India; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>8</SUP>
---------------------------------------------------------------------------
\8\ See Order, 84 FR at 33919.
---------------------------------------------------------------------------
The merchandise subject to the Order is certain OCTG from India.
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. Export prices have been calculated in accordance
with section 771 of the Act and NV 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 September 1,
2022, through August 31, 2023:
[[Page 82224]]
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Surya Roshni Limited....................................... 0.00
------------------------------------------------------------------------
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.\9\ 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.\10\ Case and rebuttal briefs should be
filed using ACCESS \11\ and must be served on interested parties.\12\
---------------------------------------------------------------------------
\9\ 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).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ Id.; see also 19 CFR 351.303 (for general filing
requirements).
\12\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
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.\13\ 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).\14\
---------------------------------------------------------------------------
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Final Rule.
---------------------------------------------------------------------------
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.\15\ 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 Surya'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 determined to be zero or de minimis, no antidumping duties will be
assessed.'' \16\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.212(b).
\16\ 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).
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Surya 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., 5.79 percent) \17\ if there is no rate for the
intermediate company (or companies) involved in the transaction.\18\
---------------------------------------------------------------------------
\17\ See Order, 79 FR at 53693.
\18\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 Surya 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 5.79 percent, the rate established in the LTFV
investigation of this proceeding.\19\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\19\ See Order, 79 FR at 53693.
---------------------------------------------------------------------------
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
[[Page 82225]]
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: October 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
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. 2024-23488 Filed 10-9-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 10, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.