Certain Oil Country Tubular Goods From India and Turkey: Initiation of Countervailing Duty Investigations, 45502-45505 [2013-18165]

Download as PDF 45502 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 mstockstill on DSK4VPTVN1PROD with NOTICES [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: VerDate Mar<15>2010 18:00 Jul 26, 2013 Jkt 229001 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. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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. E:\FR\FM\29JYN1.SGM 29JYN1 Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices 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 mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 18:00 Jul 26, 2013 Jkt 229001 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 Frm 00010 Fmt 4703 Sfmt 4703 45503 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. E:\FR\FM\29JYN1.SGM 29JYN1 45504 Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 18:00 Jul 26, 2013 Jkt 229001 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, PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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. E:\FR\FM\29JYN1.SGM 29JYN1 Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 18:00 Jul 26, 2013 Jkt 229001 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). PO 00000 27 See 28 See Frm 00012 Fmt 4703 Sfmt 4703 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]


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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\
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    \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.
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    \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).
---------------------------------------------------------------------------

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