Certain Oil Country Tubular Goods From India and Turkey: Initiation of Countervailing Duty Investigations, 45502-45505 [2013-18165]
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Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices
(d) Delivery. The final decision and
implementing order shall be served on
the parties and will be publicly
available in accordance with § 766.20 of
this part.
[61 FR 12907, Mar. 25, 1996, as
amended at 75 FR 33683, June 15, 2010]
Shane Subler at (202) 482–0189
(Turkey), AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION
CERTIFICATE OF SERVICE
I hereby certify that I have served the
foregoing RECOMMENDED DECISION
AND ORDER as indicated below:
Mr. Eric H. Hirschhorn,
Under Secretary for Industry and
Security, Bureau of Industry and
Security, U.S. Department of
Commerce, Room H–3838, 14th Street
& Constitution Avenue, N.W.,
Washington, DC 20230, Phone: (202)
482–1460
The Petitions
On July 2, 2013, the Department of
Commerce (‘‘the Department’’) received
countervailing duty (‘‘CVD’’) petitions
concerning imports of certain oil
country tubular goods (‘‘OCTG’’) from
India and the Republic of Turkey
(‘‘Turkey’’), filed in proper form on
behalf of United States Steel
Corporation, Vallourec Star L.P., TMK
IPSCO, Energex (division of JMC Steel
Group), Northwest Pipe Company, Tejas
Tubular Products, Welded Tube
Sent by Federal Express courier
Company, Boomerang Tube LLC, and
Chan Heep Loong,
Maverick Tube Corporation
95 Havelock Road, #14–583, Singapore, (collectively, ‘‘the petitioners’’). The
160095 SG
CVD petitions were accompanied by
nine antidumping duty (AD) petitions.1
Sent by Federal Express courier
The petitioners are domestic producers
Hearing Docket Clerk,
of OCTG. On July 8, 2013, the
United States Coast Guard, ALJ
Department requested information and
Dockering Center, 40 S. Gay Street,
clarification for certain areas of the
Room 414, Baltimore, MD 21202,
Petitions.2 The petitioners filed
Telephone: (410) 962–51‘00, Fax:
responses to these requests on July 12,
(410) 962–1746
2013,3 July 15, 2013,4 and July 16,
2013.5
Sent by Hand Delivery
In accordance with section 702(b)(1)
Peter Klason, Esq.,
of the Tariff Act of 1930, as amended
Attorney-Advisor, Office of Chief
(‘‘the Act’’), the petitioners allege that
Counsel for Ind. & Security, U.S. Dept. the Governments of India and Turkey
of Commerce, Room H–3839, 14th
are providing countervailable subsidies
Street & Constitution Avenue, NW.,
(within the meaning of sections 701 and
Washington, DC 20230, Phone: (202)
771(5) of the Act) to imports of certain
482–5301, Fax: (202) 482–0085
OCTG from India and Turkey, and that
such imports are materially injuring,
Sent by Facsimile
and threaten to further cause material
llllllllllllllllll
l injury to, the domestic industry
Jenny L. Collins,
1 See Petitions for the Imposition of Antidumping
Paralegal Specialist for the
Duties on Imports of Certain Oil Country Tubular
Administrative Law Judge
Done and dated this 25th day of June, Goods from India, the Republic of Korea, the
Republic of the Philippines, Saudi Arabia, Taiwan,
2013 Baltimore, Maryland.
Thailand, the Republic of Turkey, Ukraine, and the
[FR Doc. 2013–18078 Filed 7–26–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
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[C–533–858, C–489–817]
Certain Oil Country Tubular Goods
From India and Turkey: Initiation of
Countervailing Duty Investigations
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: July 29, 2013.
FOR FURTHER INFORMATION CONTACT:
Sean Carey at (202) 482–3964 (India);
AGENCY:
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Socialist Republic of Vietnam and Countervailing
Duties on Imports of Certain Oil Country Tubular
Goods from India and the Republic of Turkey, dated
July 2, 2013 (Petitions). Neither Maverick Tube
Corporation nor Vallourec Star L.P. is participating
in the petition against Saudi Arabia.
2 See Petitions for the Imposition of Antidumping
and Countervailing Duties on Imports of Certain Oil
Country Tubular Goods from India and the
Republic of Turkey and Antidumping Duties on
Imports of Certain Oil Country Tubular Goods from
the Republic of Korea, the Republic of the
Philippines, Saudi Arabia, Taiwan, Thailand,
Ukraine, and the Socialist Republic of Vietnam:
Supplemental Questions, dated July 8, 2013.
3 See General Issues Supplement to the Petitions,
dated July 12, 2013 (General Issues Supplement)
and Turkey Supplement to the CVD Petition, dated
July 12, 2013.
4 See Turkey Supplement to the CVD Petition,
dated July 15, 2013.
5 See India Supplement to the CVD Petition,
dated July 16, 2013.
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producing OCTG in the United States
pursuant to section 701 of the Act. The
Department finds that the petitioners
filed the Petitions on behalf of the
domestic industry because the
petitioners are interested parties as
defined in section 771(9)(C) of the Act,
and that the petitioners have
demonstrated sufficient industry
support with respect to the initiation of
the investigations the petitioners are
requesting.6
Period of Investigations
The period of the investigations is
January 1, 2012, through December 31,
2012.
Scope of Investigations
The product covered by these CVD
investigations is certain OCTG from
India and Turkey. For a full description
of the scope of these investigations, see
the ‘‘Scope of Investigations’’ in
Appendix I to this notice.
Comments on Scope of Investigations
During our review of the petitions, the
Department issued questions to, and
received responses from, the petitioners
pertaining to the proposed scope to
ensure that the scope language in the
Petitions would be an accurate
reflection of the products for which the
domestic industry is seeking relief. As
discussed in the preamble to the
regulations,7 we are setting aside a
period for interested parties to raise
issues regarding product coverage. The
Department encourages interested
parties to submit such comments by
5:00 p.m. EST on August 12, 2013.8 All
comments must be filed on the records
of the India and Turkey CVD
investigations, as well as the concurrent
India, Korea, Philippines, Saudi Arabia,
Taiwan, Thailand, Turkey, Ukraine, and
Vietnam AD investigations.
Filing Requirements
All submissions to the Department
must be filed electronically using
Import Administration’s Antidumping
and Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). An electronically filed
document must be received successfully
in its entirety by the time and date
noted above. Documents excepted from
the electronic submission requirements
must be filed manually (i.e., in paper
6 See ‘‘Determination of Industry Support for the
Petitions’’ below.
7 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
8 Twenty calendar days from the signature date of
this notice is August 11, 2013, which is a Sunday.
Accordingly, we are setting the deadline on the next
business day.
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form) with the Import Administration’s
APO/Dockets Unit, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, and stamped
with the date and time of receipt by the
deadline noted above.9
Consultations
Pursuant to section 702(b)(4)(A)(ii) of
the Act, the Department invited
representatives of the Government of
India (‘‘GOI’’) and the Government of
Turkey (‘‘GOT’’) for consultations with
respect to the Petitions.10 Consultations
were held with the GOT on July 19,
2013.11 All memoranda are on file
electronically via IA ACCESS.12
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Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
9 See https://www.gpo.gov/fdsys/pkg/FR–2011–07–
06/pdf/2011–16352.pdf for details of the
Department’s Electronic Filing Requirements,
which went into effect on August 5, 2011.
Information regarding IA ACCESS assistance can be
found at https://iaaccess.trade.gov/help.aspx and a
handbook can be found at https://
iaaccess.trade.gov/help/
Handbook%20on%20Electronic%20Filing
%20Procedures.pdf.
10 See Letter of Invitation Regarding
Countervailing Duty Petition on Certain Oil Country
Tubular Goods from India, dated July 3, 2013; see
also Memorandum to the File, ‘‘Countervailing
Duty Petition on Oil Country Tubular Goods from
India: Contact with the Indian Embassy,’’ dated July
8, 2013. While the Department invited the GOI to
consultations, the GOI did not respond. See Letter
of Invitation Regarding Countervailing Duty
Petition on Certain Oil Country Tubular Goods from
the Republic of Turkey, dated July 2, 2013.
11 See Ex-Parte Memorandum, ‘‘Consultations
with Officials from the Government of the Republic
of Turkey on the Countervailing Duty Petition
regarding Certain Oil Country Tubular Goods from
the Republic of Turkey,’’ dated July 22, 2013.
12 See supra note 8 for information pertaining to
IA ACCESS.
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industry support using a statistically
valid sampling method to poll the
industry.
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The U.S.
International Trade Commission
(‘‘ITC’’), which is responsible for
determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both the Department
and the ITC must apply the same
statutory definition regarding the
domestic like product,13 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.14
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of domestic like product
distinct from the scope of the
investigations. Based on our analysis of
the information submitted on the
record, we have determined that OCTG,
as defined in the scope of the
investigations, constitutes a single
domestic like product and we have
analyzed industry support in terms of
that domestic like product.15
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
15 See Countervailing Duty Investigation
Initiation Checklist: Oil Country Tubular Goods
from India (‘‘India CVD Initiation Checklist’’), at
Attachment II, and Countervailing Duty
Investigation Initiation Checklist: Oil Country
Tubular Goods from the Republic of Turkey
(‘‘Turkey CVD Initiation Checklist’’), at Attachment
II. These checklists are dated concurrently with this
notice and on file electronically via IA ACCESS.
Access to documents filed via IA ACCESS is also
available in the Central Records Unit, Room 7046
of the main Department of Commerce building.
PO 00000
13 See
14 See
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In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of Investigations’’ section above.
To establish industry support, the
petitioners provided their production of
the domestic like product in 2012, and
compared this to the estimated total
production of the domestic like product
for the entire domestic industry.16 The
petitioners estimated total 2012
production of the domestic like product
using domestic shipment data for the
OCTG industry adjusted by the ratio of
the petitioners’ production to domestic
shipments.17
On July 10, 2013, we received a
submission from EVRAZ Rocky
Mountain Steel (‘‘Evraz’’), a domestic
producer of OCTG. In the submission,
Evraz states that it supports the AD and
CVD petitions on OCTG from India, the
Philippines, Saudi Arabia, South Korea,
Taiwan, Thailand, Turkey, Ukraine, and
Vietnam. In addition, Evraz provided its
2012 production of the domestic like
product.18
We have relied upon data the
petitioners and Evraz provided for
purposes of measuring industry
support.19
Based on information provided in the
Petitions, supplemental submissions,
and other information readily available
to the Department, we determine that
the petitioners have met the statutory
criteria for industry support under
section 702(c)(4)(A)(i) of the Act for all
of the petitions because the domestic
producers (or workers) who support the
Petitions account for at least 25 percent
of the total production of the domestic
like product.20 Based on information
provided in the Petitions and other
submissions, the domestic producers (or
workers) have met the statutory criteria
for industry support under section
702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who
support the Petitions account for more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
Petitions. Accordingly, the Department
determines that the Petitions were filed
on behalf of the domestic industry
16 See
Volume I of the Petitions, 3–4 and Exhibit
I–3.
17 Id.
18 See Letter from EVRAZ Rocky Mountain Steel,
dated July 10, 2013, at 1–2.
19 See India CVD Initiation Checklist and Turkey
CVD Initiation Checklist, at Attachment II.
20 Id.
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within the meaning of section 702(b)(1)
of the Act.21
The Department finds that the
petitioners filed the Petitions on behalf
of the domestic industry because they
are interested parties as defined in
section 771(9)(C) of the Act and they
have demonstrated sufficient industry
support with respect to the CVD
investigations that they are requesting
the Department initiate.22
Injury Test
Because India and Turkey are
‘‘Subsidies Agreement Countries’’
within the meaning of section 701(b) of
the Act, section 701(a)(2) of the Act
applies to these investigations.
Accordingly, the ITC must determine
whether imports of the subject
merchandise from India and Turkey
materially injure, or threaten material
injury to, a U.S. industry.
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Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act. The
petitioners further submit that subject
imports from India exceed the
negligibility threshold provided under
section 771(24)(B) of the Act, which
states that in CVD petitions, imports of
subject merchandise from developing
countries must exceed the negligibility
threshold of four percent.23
The petitioners contend that the
industry’s injured condition is
illustrated by reduced market share;
underselling and price depression or
suppression; lost sales and revenues;
stunted production, shipments, and
capacity utilization; hindered growth in
employment-related variables; and
decline in financial performance.24 We
have assessed the allegations and
supporting evidence regarding material
injury, threat of material injury, and
causation, and we have determined that
these allegations are properly supported
by adequate evidence and meet the
statutory requirements for initiation.25
21 Id.
22 Id.
23 See General Issues Supplement, at 7–8 and
Exhibit Supp. I–66.
24 See Volume I of the Petitions, at 17–64 and
Exhibits I–6 and I–8 through I–54; see also General
Issues Supplement, at 8–9.
25 See India CVD Initiation Checklist, at
Attachment III; see also Turkey CVD Initiation
Checklist, at Attachment III.
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Initiation of Countervailing Duty
Investigations
Section 702(b)(1) of the Act requires
the Department to initiate a CVD
investigation whenever an interested
party files a CVD petition on behalf of
an industry that: (1) alleges the elements
necessary for an imposition of a duty
under section 701(a) of the Act; and (2)
is accompanied by information
reasonably available to the petitioner
supporting the allegations. In the
Petitions, the petitioners allege that
producers of OCTG in India and Turkey
benefited from countervailable subsidies
bestowed by their respective
governments. The Department has
examined the Petitions and finds that
they comply with the requirements of
section 702(b)(1) of the Act. Therefore,
in accordance with section 702(b)(1) of
the Act, we are initiating CVD
investigations to determine whether
manufacturers, producers, or exporters
of OCTG from India and Turkey receive
countervailable subsidies from their
respective governments.
India
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation of 60 alleged programs.
For a full discussion of the basis for our
decision to initiate or not initiate on
each program, see India CVD Initiation
Checklist.
Turkey
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation of 16 alleged programs.
For three of these programs, however,
we find that there is sufficient evidence
to initiate on part of the allegation, but
not sufficient evidence to initiate on
another part of the allegation. For a full
discussion of the basis for our decision
to initiate or not initiate on each
program, see Turkey CVD Initiation
Checklist.
A public version of the initiation
checklist for each investigation is
available on IA ACCESS and at https://
ia.ita.doc.gov/ia-highlights-andnews.html.
Respondent Selection
For these investigations, the
Department expects to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports of subject merchandise during
the period of investigation under the
following Harmonized Tariff Schedule
of the United States numbers:
7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40,
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7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
We intend to release the CBP data
under Administrative Protective Order
(APO) to all parties with access to
information protected by APO shortly
after the announcement of these case
initiations. Interested parties must
submit applications for disclosure under
APO in accordance with 19 CFR
351.305(b). Instructions for filing such
applications may be found on the
Department’s Web site at https://
ia.ita.doc.gov/apo.
Interested parties may submit
comments regarding the CBP data and
respondent selection by 5:00 p.m. EST
on the seventh calendar day after
publication of this notice. Comments
must be filed in accordance with the
filing requirements stated above. We
intend to make our decision regarding
respondent selection within 20 days of
publication of this notice.
Distribution of Copies of the Petitions
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the representatives of the GOI and GOT.
Because of the particularly large number
of producers/exporters identified in the
Petitions, the Department considers the
service of the public version of the
Petitions to the foreign producers/
exporters satisfied by the delivery of the
public versions of the Petitions to the
GOI and GOT, consistent with 19 CFR
351.203(c)(2).
ITC Notification
We have notified the ITC of our
initiation, as required by section 702(d)
of the Act.
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Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of OCTG from India and Turkey are
materially injuring, or threatening
material injury to, a U.S. industry.26 A
negative ITC determination for any
country will result in the investigation
being terminated with respect to that
country; otherwise, these investigations
will proceed according to statutory and
regulatory time limits.
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Submission of Factual Information
On April 10, 2013, the Department
published Definition of Factual
Information and Time Limits for
Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10,
2013), which modified two regulations
related to AD and CVD proceedings: the
definition of factual information (19
CFR 351.102(b)(21)), and the time limits
for the submission of factual
information (19 CFR 351.301). The final
rule identifies five categories of factual
information in 19 CFR 351.102(b)(21),
which are summarized as follows: (i)
evidence submitted in response to
questionnaires; (ii) evidence submitted
in support of allegations; (iii) publicly
available information to value factors
under 19 CFR 351.408(c) or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2); (iv) evidence placed
on the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The final rule
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
final rule also modified 19 CFR 351.301
so that, rather than providing general
time limits, there are specific time limits
based on the type of factual information
being submitted. These modifications
are effective for all proceeding segments
initiated on or after May 10, 2013, and
thus are applicable to these
investigations. Please review the final
rule, available at https://ia.ita.doc.gov/
frn/2013/1304frn/2013–08227.txt, prior
to submitting factual information in
these investigations.
26 See
section 703(a) of the Act.
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Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.27
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives, in all
segments of any AD or CVD proceedings
initiated on or after March 14, 2011.28
The formats for the revised certifications
are provided at the end of the Interim
Final Rule. Foreign governments and
their officials may continue to submit
certifications in either the format that
was in use prior to the effective date of
the Interim Final Rule, or in the format
provided in the Interim Final Rule.29
The Department intends to reject factual
information submissions if the
submitting party does not comply with
the revised certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in either investigation should ensure
that they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to section 777(i) of the Act.
Dated: July 22, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Scope of the Investigations
The merchandise covered by the
investigations is certain oil country tubular
goods (‘‘OCTG’’), which are hollow steel
products of circular cross-section, including
oil well casing and tubing, of iron (other than
cast 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,
section 782(b) of the Act.
Certification of Factual Information for
Import Administration during Antidumping and
Countervailing Duty Proceedings: Interim Final
Rule, 76 FR 7491 (February 10, 2011) (Interim Final
Rule), amending 19 CFR 351.303(g)(1) and (2).
29 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings: Supplemental
Interim Final Rule, 76 FR 54697 (September 2,
2011).
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27 See
28 See
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45505
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 the investigations
also covers OCTG coupling stock.
Excluded from the scope of the
investigations are: casing or tubing
containing 10.5 percent or more by weight of
chromium; drill pipe; unattached couplings;
and unattached thread protectors.
The merchandise subject to the
investigations is currently classified in the
Harmonized Tariff Schedule of the United
States (‘‘HTSUS’’) under item numbers:
7304.29.10.10, 7304.29.10.20, 7304.29.10.30,
7304.29.10.40, 7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10, 7304.29.20.20,
7304.29.20.30, 7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80, 7304.29.31.10,
7304.29.31.20, 7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60, 7304.29.31.80,
7304.29.41.10, 7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50, 7304.29.41.60,
7304.29.41.80, 7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60, 7304.29.50.75,
7304.29.61.15, 7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75, 7305.20.20.00,
7305.20.40.00, 7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90, 7306.29.20.00,
7306.29.31.00, 7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the
investigations may also enter under the
following HTSUS item numbers:
7304.39.00.24, 7304.39.00.28, 7304.39.00.32,
7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72,
7304.39.00.76, 7304.39.00.80, 7304.59.60.00,
7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50, 7304.59.80.55,
7304.59.80.60, 7304.59.80.65, 7304.59.80.70,
7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50,
and 7306.50.50.70.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigations is dispositive.
[FR Doc. 2013–18165 Filed 7–26–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–857, A–580–870, A–565–802, A–517–
804, A–583–850, A–549–832, A–489–816, A–
823–815, A–552–817]
Certain Oil Country Tubular Goods
from India, the Republic of Korea, the
Republic of the Philippines, Saudi
Arabia, Taiwan, Thailand, the Republic
of Turkey, Ukraine, and the Socialist
Republic of Vietnam: Initiation of
Antidumping Duty Investigations
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\29JYN1.SGM
29JYN1
Agencies
[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Notices]
[Pages 45502-45505]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18165]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-858, C-489-817]
Certain Oil Country Tubular Goods From India and Turkey:
Initiation of Countervailing Duty Investigations
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: July 29, 2013.
FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482-3964 (India);
Shane Subler at (202) 482-0189 (Turkey), AD/CVD Operations, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION
The Petitions
On July 2, 2013, the Department of Commerce (``the Department'')
received countervailing duty (``CVD'') petitions concerning imports of
certain oil country tubular goods (``OCTG'') from India and the
Republic of Turkey (``Turkey''), filed in proper form on behalf of
United States Steel Corporation, Vallourec Star L.P., TMK IPSCO,
Energex (division of JMC Steel Group), Northwest Pipe Company, Tejas
Tubular Products, Welded Tube Company, Boomerang Tube LLC, and Maverick
Tube Corporation (collectively, ``the petitioners''). The CVD petitions
were accompanied by nine antidumping duty (AD) petitions.\1\ The
petitioners are domestic producers of OCTG. On July 8, 2013, the
Department requested information and clarification for certain areas of
the Petitions.\2\ The petitioners filed responses to these requests on
July 12, 2013,\3\ July 15, 2013,\4\ and July 16, 2013.\5\
---------------------------------------------------------------------------
\1\ See Petitions for the Imposition of Antidumping Duties on
Imports of Certain Oil Country Tubular Goods from India, the
Republic of Korea, the Republic of the Philippines, Saudi Arabia,
Taiwan, Thailand, the Republic of Turkey, Ukraine, and the Socialist
Republic of Vietnam and Countervailing Duties on Imports of Certain
Oil Country Tubular Goods from India and the Republic of Turkey,
dated July 2, 2013 (Petitions). Neither Maverick Tube Corporation
nor Vallourec Star L.P. is participating in the petition against
Saudi Arabia.
\2\ See Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Oil Country Tubular
Goods from India and the Republic of Turkey and Antidumping Duties
on Imports of Certain Oil Country Tubular Goods from the Republic of
Korea, the Republic of the Philippines, Saudi Arabia, Taiwan,
Thailand, Ukraine, and the Socialist Republic of Vietnam:
Supplemental Questions, dated July 8, 2013.
\3\ See General Issues Supplement to the Petitions, dated July
12, 2013 (General Issues Supplement) and Turkey Supplement to the
CVD Petition, dated July 12, 2013.
\4\ See Turkey Supplement to the CVD Petition, dated July 15,
2013.
\5\ See India Supplement to the CVD Petition, dated July 16,
2013.
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (``the Act''), the petitioners allege that the Governments of
India and Turkey are providing countervailable subsidies (within the
meaning of sections 701 and 771(5) of the Act) to imports of certain
OCTG from India and Turkey, and that such imports are materially
injuring, and threaten to further cause material injury to, the
domestic industry producing OCTG in the United States pursuant to
section 701 of the Act. The Department finds that the petitioners filed
the Petitions on behalf of the domestic industry because the
petitioners are interested parties as defined in section 771(9)(C) of
the Act, and that the petitioners have demonstrated sufficient industry
support with respect to the initiation of the investigations the
petitioners are requesting.\6\
---------------------------------------------------------------------------
\6\ See ``Determination of Industry Support for the Petitions''
below.
---------------------------------------------------------------------------
Period of Investigations
The period of the investigations is January 1, 2012, through
December 31, 2012.
Scope of Investigations
The product covered by these CVD investigations is certain OCTG
from India and Turkey. For a full description of the scope of these
investigations, see the ``Scope of Investigations'' in Appendix I to
this notice.
Comments on Scope of Investigations
During our review of the petitions, the Department issued questions
to, and received responses from, the petitioners pertaining to the
proposed scope to ensure that the scope language in the Petitions would
be an accurate reflection of the products for which the domestic
industry is seeking relief. As discussed in the preamble to the
regulations,\7\ we are setting aside a period for interested parties to
raise issues regarding product coverage. The Department encourages
interested parties to submit such comments by 5:00 p.m. EST on August
12, 2013.\8\ All comments must be filed on the records of the India and
Turkey CVD investigations, as well as the concurrent India, Korea,
Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine, and
Vietnam AD investigations.
---------------------------------------------------------------------------
\7\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\8\ Twenty calendar days from the signature date of this notice
is August 11, 2013, which is a Sunday. Accordingly, we are setting
the deadline on the next business day.
---------------------------------------------------------------------------
Filing Requirements
All submissions to the Department must be filed electronically
using Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). An
electronically filed document must be received successfully in its
entirety by the time and date noted above. Documents excepted from the
electronic submission requirements must be filed manually (i.e., in
paper
[[Page 45503]]
form) with the Import Administration's APO/Dockets Unit, Room 1870,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, and stamped with the date and time of receipt by
the deadline noted above.\9\
---------------------------------------------------------------------------
\9\ See https://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf for details of the Department's Electronic Filing
Requirements, which went into effect on August 5, 2011. Information
regarding IA ACCESS assistance can be found at https://iaaccess.trade.gov/help.aspx and a handbook can be found at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department
invited representatives of the Government of India (``GOI'') and the
Government of Turkey (``GOT'') for consultations with respect to the
Petitions.\10\ Consultations were held with the GOT on July 19,
2013.\11\ All memoranda are on file electronically via IA ACCESS.\12\
---------------------------------------------------------------------------
\10\ See Letter of Invitation Regarding Countervailing Duty
Petition on Certain Oil Country Tubular Goods from India, dated July
3, 2013; see also Memorandum to the File, ``Countervailing Duty
Petition on Oil Country Tubular Goods from India: Contact with the
Indian Embassy,'' dated July 8, 2013. While the Department invited
the GOI to consultations, the GOI did not respond. See Letter of
Invitation Regarding Countervailing Duty Petition on Certain Oil
Country Tubular Goods from the Republic of Turkey, dated July 2,
2013.
\11\ See Ex-Parte Memorandum, ``Consultations with Officials
from the Government of the Republic of Turkey on the Countervailing
Duty Petition regarding Certain Oil Country Tubular Goods from the
Republic of Turkey,'' dated July 22, 2013.
\12\ See supra note 8 for information pertaining to IA ACCESS.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the industry.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission
(``ITC''), which is responsible for determining whether ``the domestic
industry'' has been injured, must also determine what constitutes a
domestic like product in order to define the industry. While both the
Department and the ITC must apply the same statutory definition
regarding the domestic like product,\13\ they do so for different
purposes and pursuant to a separate and distinct authority. In
addition, the Department's determination is subject to limitations of
time and information. Although this may result in different definitions
of the like product, such differences do not render the decision of
either agency contrary to law.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of domestic like product distinct from the scope of
the investigations. Based on our analysis of the information submitted
on the record, we have determined that OCTG, as defined in the scope of
the investigations, constitutes a single domestic like product and we
have analyzed industry support in terms of that domestic like
product.\15\
---------------------------------------------------------------------------
\15\ See Countervailing Duty Investigation Initiation Checklist:
Oil Country Tubular Goods from India (``India CVD Initiation
Checklist''), at Attachment II, and Countervailing Duty
Investigation Initiation Checklist: Oil Country Tubular Goods from
the Republic of Turkey (``Turkey CVD Initiation Checklist''), at
Attachment II. These checklists are dated concurrently with this
notice and on file electronically via IA ACCESS. Access to documents
filed via IA ACCESS is also available in the Central Records Unit,
Room 7046 of the main Department of Commerce building.
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of Investigations'' section above. To
establish industry support, the petitioners provided their production
of the domestic like product in 2012, and compared this to the
estimated total production of the domestic like product for the entire
domestic industry.\16\ The petitioners estimated total 2012 production
of the domestic like product using domestic shipment data for the OCTG
industry adjusted by the ratio of the petitioners' production to
domestic shipments.\17\
---------------------------------------------------------------------------
\16\ See Volume I of the Petitions, 3-4 and Exhibit I-3.
\17\ Id.
---------------------------------------------------------------------------
On July 10, 2013, we received a submission from EVRAZ Rocky
Mountain Steel (``Evraz''), a domestic producer of OCTG. In the
submission, Evraz states that it supports the AD and CVD petitions on
OCTG from India, the Philippines, Saudi Arabia, South Korea, Taiwan,
Thailand, Turkey, Ukraine, and Vietnam. In addition, Evraz provided its
2012 production of the domestic like product.\18\
---------------------------------------------------------------------------
\18\ See Letter from EVRAZ Rocky Mountain Steel, dated July 10,
2013, at 1-2.
---------------------------------------------------------------------------
We have relied upon data the petitioners and Evraz provided for
purposes of measuring industry support.\19\
---------------------------------------------------------------------------
\19\ See India CVD Initiation Checklist and Turkey CVD
Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
Based on information provided in the Petitions, supplemental
submissions, and other information readily available to the Department,
we determine that the petitioners have met the statutory criteria for
industry support under section 702(c)(4)(A)(i) of the Act for all of
the petitions because the domestic producers (or workers) who support
the Petitions account for at least 25 percent of the total production
of the domestic like product.\20\ Based on information provided in the
Petitions and other submissions, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petitions account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petitions.
Accordingly, the Department determines that the Petitions were filed on
behalf of the domestic industry
[[Page 45504]]
within the meaning of section 702(b)(1) of the Act.\21\
---------------------------------------------------------------------------
\20\ Id.
\21\ Id.
---------------------------------------------------------------------------
The Department finds that the petitioners filed the Petitions on
behalf of the domestic industry because they are interested parties as
defined in section 771(9)(C) of the Act and they have demonstrated
sufficient industry support with respect to the CVD investigations that
they are requesting the Department initiate.\22\
---------------------------------------------------------------------------
\22\ Id.
---------------------------------------------------------------------------
Injury Test
Because India and Turkey are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from India and
Turkey materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act. The petitioners further submit
that subject imports from India exceed the negligibility threshold
provided under section 771(24)(B) of the Act, which states that in CVD
petitions, imports of subject merchandise from developing countries
must exceed the negligibility threshold of four percent.\23\
---------------------------------------------------------------------------
\23\ See General Issues Supplement, at 7-8 and Exhibit Supp. I-
66.
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by reduced market share; underselling and price depression
or suppression; lost sales and revenues; stunted production, shipments,
and capacity utilization; hindered growth in employment-related
variables; and decline in financial performance.\24\ We have assessed
the allegations and supporting evidence regarding material injury,
threat of material injury, and causation, and we have determined that
these allegations are properly supported by adequate evidence and meet
the statutory requirements for initiation.\25\
---------------------------------------------------------------------------
\24\ See Volume I of the Petitions, at 17-64 and Exhibits I-6
and I-8 through I-54; see also General Issues Supplement, at 8-9.
\25\ See India CVD Initiation Checklist, at Attachment III; see
also Turkey CVD Initiation Checklist, at Attachment III.
---------------------------------------------------------------------------
Initiation of Countervailing Duty Investigations
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party files a CVD petition on
behalf of an industry that: (1) alleges the elements necessary for an
imposition of a duty under section 701(a) of the Act; and (2) is
accompanied by information reasonably available to the petitioner
supporting the allegations. In the Petitions, the petitioners allege
that producers of OCTG in India and Turkey benefited from
countervailable subsidies bestowed by their respective governments. The
Department has examined the Petitions and finds that they comply with
the requirements of section 702(b)(1) of the Act. Therefore, in
accordance with section 702(b)(1) of the Act, we are initiating CVD
investigations to determine whether manufacturers, producers, or
exporters of OCTG from India and Turkey receive countervailable
subsidies from their respective governments.
India
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation of 60 alleged
programs. For a full discussion of the basis for our decision to
initiate or not initiate on each program, see India CVD Initiation
Checklist.
Turkey
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation of 16 alleged
programs. For three of these programs, however, we find that there is
sufficient evidence to initiate on part of the allegation, but not
sufficient evidence to initiate on another part of the allegation. For
a full discussion of the basis for our decision to initiate or not
initiate on each program, see Turkey CVD Initiation Checklist.
A public version of the initiation checklist for each investigation
is available on IA ACCESS and at https://ia.ita.doc.gov/ia-highlights-and-news.html.
Respondent Selection
For these investigations, the Department expects to select
respondents based on U.S. Customs and Border Protection (``CBP'') data
for U.S. imports of subject merchandise during the period of
investigation under the following Harmonized Tariff Schedule of the
United States numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30,
7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80,
7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40,
7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10,
7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50,
7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20,
7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60,
7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45,
7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30,
7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00,
7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30,
7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00,
7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
We intend to release the CBP data under Administrative Protective
Order (APO) to all parties with access to information protected by APO
shortly after the announcement of these case initiations. Interested
parties must submit applications for disclosure under APO in accordance
with 19 CFR 351.305(b). Instructions for filing such applications may
be found on the Department's Web site at https://ia.ita.doc.gov/apo.
Interested parties may submit comments regarding the CBP data and
respondent selection by 5:00 p.m. EST on the seventh calendar day after
publication of this notice. Comments must be filed in accordance with
the filing requirements stated above. We intend to make our decision
regarding respondent selection within 20 days of publication of this
notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the representatives of the GOI and GOT. Because of the
particularly large number of producers/exporters identified in the
Petitions, the Department considers the service of the public version
of the Petitions to the foreign producers/exporters satisfied by the
delivery of the public versions of the Petitions to the GOI and GOT,
consistent with 19 CFR 351.203(c)(2).
ITC Notification
We have notified the ITC of our initiation, as required by section
702(d) of the Act.
[[Page 45505]]
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of OCTG from India and Turkey are materially
injuring, or threatening material injury to, a U.S. industry.\26\ A
negative ITC determination for any country will result in the
investigation being terminated with respect to that country; otherwise,
these investigations will proceed according to statutory and regulatory
time limits.
---------------------------------------------------------------------------
\26\ See section 703(a) of the Act.
---------------------------------------------------------------------------
Submission of Factual Information
On April 10, 2013, the Department published Definition of Factual
Information and Time Limits for Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10, 2013), which modified two
regulations related to AD and CVD proceedings: the definition of
factual information (19 CFR 351.102(b)(21)), and the time limits for
the submission of factual information (19 CFR 351.301). The final rule
identifies five categories of factual information in 19 CFR
351.102(b)(21), which are summarized as follows: (i) evidence submitted
in response to questionnaires; (ii) evidence submitted in support of
allegations; (iii) publicly available information to value factors
under 19 CFR 351.408(c) or to measure the adequacy of remuneration
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the
Department; and (v) evidence other than factual information described
in (i)-(iv). The final rule requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted and, if the information is submitted
to rebut, clarify, or correct factual information already on the
record, to provide an explanation identifying the information already
on the record that the factual information seeks to rebut, clarify, or
correct. The final rule also modified 19 CFR 351.301 so that, rather
than providing general time limits, there are specific time limits
based on the type of factual information being submitted. These
modifications are effective for all proceeding segments initiated on or
after May 10, 2013, and thus are applicable to these investigations.
Please review the final rule, available at https://ia.ita.doc.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in
these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\27\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives, in all segments of any AD or CVD proceedings initiated
on or after March 14, 2011.\28\ The formats for the revised
certifications are provided at the end of the Interim Final Rule.
Foreign governments and their officials may continue to submit
certifications in either the format that was in use prior to the
effective date of the Interim Final Rule, or in the format provided in
the Interim Final Rule.\29\ The Department intends to reject factual
information submissions if the submitting party does not comply with
the revised certification requirements.
---------------------------------------------------------------------------
\27\ See section 782(b) of the Act.
\28\ See Certification of Factual Information for Import
Administration during Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011)
(Interim Final Rule), amending 19 CFR 351.303(g)(1) and (2).
\29\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September
2, 2011).
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in either investigation
should ensure that they meet the requirements of these procedures
(e.g., the filing of letters of appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: July 22, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Scope of the Investigations
The merchandise covered by the investigations is certain oil
country tubular goods (``OCTG''), which are hollow steel products of
circular cross-section, including oil well casing and tubing, of
iron (other than cast 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 the investigations also covers OCTG coupling stock.
Excluded from the scope of the investigations are: casing or
tubing containing 10.5 percent or more by weight of chromium; drill
pipe; unattached couplings; and unattached thread protectors.
The merchandise subject to the investigations is currently
classified in the Harmonized Tariff Schedule of the United States
(``HTSUS'') under item numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the investigations may also enter
under the following HTSUS item numbers: 7304.39.00.24,
7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76,
7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20,
7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60,
7304.59.80.65, 7304.59.80.70, 7304.59.80.80, 7305.31.40.00,
7305.31.60.90, 7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and
7306.50.50.70.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigations is dispositive.
[FR Doc. 2013-18165 Filed 7-26-13; 8:45 am]
BILLING CODE 3510-DS-P