Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, in Part, and Postponement of Final Determination, 10478-10480 [2014-04036]
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10478
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2924, (202) 482–1121, or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
1. Summary
2. History of the Order
3. Background
4. Scope of the Order
5. Discussion of the Issues
a. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
b. Net Countervailable Subsidy Likely To
Prevail
6. Nature of the Subsidies
7. Final Results of Review
8. Recommendation
[FR Doc. 2014–04068 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–817]
Certain Oil Country Tubular Goods
From the Socialist Republic of
Vietnam: Preliminary Determination of
Sales at Less Than Fair Value,
Affirmative Preliminary Determination
of Critical Circumstances, in Part, and
Postponement of Final Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) preliminarily determines
that certain oil country tubular goods
(OCTG) from the Socialist Republic of
Vietnam (Vietnam) are being, or are
likely to be, sold in the United States at
less-than-fair value (LTFV), as provided
in section 733(b) of the Tariff Act of
1930, as amended (the Act). The period
of investigation (POI) is January 1, 2013,
through June 30, 2013. The estimated
weighted-average dumping margins of
sales at LTFV are shown in the
‘‘Preliminary Determination’’ section of
this notice. The final determination will
be issued 135 days after publication of
this preliminary determination in the
Federal Register. We invite interested
parties to comment on these preliminary
results.
DATES: Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, Tyler Weinhold, or Robert James,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
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17:58 Feb 24, 2014
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Scope of the Investigation
The merchandise covered by the
investigation 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
investigation also covers OCTG
coupling stock. For a complete
description of the scope of the
investigation, see Appendix I to this
notice.
Scope Comments
On August 12, 2013, WSP Pipe Co.,
Ltd. (the sole mandatory respondent in
the concurrent LTFV investigation of
OCTG from Thailand) submitted scope
comments to the Department regarding
‘‘pierced billets’’ and asked that the
Department determine that such
merchandise was outside of the scope of
this and other OCTG investigations.
Petitioners filed rebuttal comments on
August 22, 2013. We have made no
modifications to the scope of the
investigations. For more information,
see the Preliminary Decision
Memorandum.1
Tolling of Deadlines for Preliminary
Determination
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.2
1 See
Decision Memorandum for the Preliminary
Determination in the Antidumping Duty
Investigation of Certain Oil Country Tubular Goods
from the Socialist Republic of Vietnam, from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated concurrently with this
determination and hereby adopted by this notice
(Preliminary Decision Memorandum).
2 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government’’ (October 18, 2013).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days. If the new deadline falls on
a non-business day, in accordance with
the Department’s practice, the deadline
will become the next business day.3 The
revised deadline for the preliminary
determination of this investigation is
now February 14, 2014.4
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. Constructed export price
(CEP) has been calculated in accordance
with section 772 of the Act. Because
Vietnam is a non-market economy
within the meaning of section 771(18) of
the Act, and available information does
not permit the calculation of normal
value (NV) under 773(a) of the Act, we
calculated NV in accordance with
section 773(c) of the Act. Further, we
determined to apply facts otherwise
available with an adverse inference to
the Vietnam-wide entity in accordance
with section 776(a) and (b) of the Act.
For a full description of the
methodology underlying our
conclusions, please see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and
is available to all parties in the
Department’s Central Records Unit,
located at room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
On December 18, 2013, petitioners 5
filed a timely critical circumstances
3 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
4 Due to the closure of the Federal Government on
February 13, 2014, Commerce completed this
determination on the next business day (i.e.,
February 14, 2014). See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005).
5 United States Steel Corporation, Maverick Tube
Corporation, Boomerang Tube LLC, Energex Tube,
Northwest Pipe Company, Tejas Tubular Products
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
allegation, pursuant to section 773(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of the
merchandise under consideration.6 We
preliminarily determine that critical
circumstances do not exist for SeAH
VINA Corporation (SeAH) but do exist
with respect to the Vietnam-wide entity.
For a full description of the
methodology and results of our analysis,
please see the Preliminary Decision
Memorandum.
Combination Rates
As explained in the Initiation Notice,
the Department calculated exporterproducer combination rates for the
respondents that are eligible for a
separate rate in this investigation.7
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Weighted-average
dumping margin
(percent)
Exporter
Producer
SeAH Steel VINA Corporation .................................................
SeAH Steel VINA Corporation ................................................
Vietnam-Wide Entity Rate
emcdonald on DSK67QTVN1PROD with NOTICES
Disclosure and Public Comment
We will disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
proceeding and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.8
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce. All
documents must be filed electronically
using IA ACCESS. An electronically
filed request must be received
successfully in its entirety by IA
ACCESS, by 5:00 p.m. Eastern Standard
Time, within 30 days after the date of
publication of this notice.9 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
Inc., TMK IPSCO, Vallourec Star, L.P., and Welded
Tube USA, Inc. (collectively, petitioners).
6 See Letter from petitioners to the Department,
Re: ‘‘Amendment to Petition for the Imposition of
Antidumping Duties: Oil Country Tubular Goods
from Vietnam,’’ December 18, 2013.
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19:19 Feb 24, 2014
Jkt 232001
111.47
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we shall direct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all entries of OCTG from
Vietnam as described in the scope of the
investigation. For entries of OCTG
produced and exported by SeAH VINA,
the suspension of liquidation shall
apply to all entries of merchandise,
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. As
described above, we preliminarily find
that critical circumstances exist for
imports produced or exported by the
Vietnam-wide entity. For the Vietnamwide entity, in accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to
unliquidated entries of merchandise
7 See 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, 78 FR 45505, 45511 (July 29,
2013).
8 See 19 CFR 351.309.
PO 00000
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Fmt 4703
Sfmt 4703
9.57
entered, or withdrawn from warehouse,
for consumption on or after the date
which is 90 days before the publication
of this notice.
We will instruct CBP to require a cash
deposit for all suspended entries at an
ad valorem rate equal to the weightedaverage dumping margins, as indicated
in the chart above.10 These suspension
of liquidation instructions will remain
in effect until further notice.
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to a request from SeAH
VINA, we are postponing the final
determination and extending the
provisional measures from a four-month
period to no more than six months .
Accordingly, we will make our final
determination no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.11
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we notified the ITC of our
preliminary determination of sales at
LTFV. If our final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry. Because we are
postponing the deadline for our final
determination to 135 days from the date
of publication of this preliminary
determination, as discussed above, the
ITC will make its final determination no
9 See
19 CFR 351.310(c).
Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
11 See also 19 CFR 351.210(e).
10 See
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later than 45 days after our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
emcdonald on DSK67QTVN1PROD with NOTICES
Appendix I
Scope of the Investigation
The merchandise covered by the
investigation 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 investigation
also covers OCTG coupling stock.
Excluded from the scope of the
investigation 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
investigation 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
investigation 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
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17:58 Feb 24, 2014
Jkt 232001
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Initiation
2. Postponement of Preliminary
Determination
3. Postponement of Final Determination and
Extension of Provisional Measures
4. Scope of Investigation
a. Scope Comments
5. Non-Market Economy Country
6. Surrogate Country
a. Economic Comparability
b. Significant Producer of Identical or
Comparable Merchandise
c. Data Availability
7. Surrogate Value Comments
8. Separate Rates
9. Vietnam-Wide Entity
10. Date of Sale
11. Discussion of Methodology
a. Fair Value Comparisons
b. Export Price
c. Normal Value
d. Factor Values
e. Application of Adverse Facts Available
f. Rate for the Vietnam-Wide Entity
g. Corroboration
h. Determination of Comparison Method
i. Results of Differential Pricing Analysis
12. Currency Conversion
13. Critical Circumstances
14. Verification
[FR Doc. 2014–04036 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea: Negative
Preliminary Determination of Sales at
Less Than Fair Value, Negative
Preliminary Determination of Critical
Circumstances and Postponement of
Final Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) preliminarily determines
that certain oil country tubular goods
(OCTG) from the Republic of Korea is
not being, or is not likely to be, sold in
the United States at less than fair value
(LTFV), as provided in section 733(b) of
the Tariff Act of 1930, as amended (the
Act). The period of investigation (POI)
is July 1, 2012, through June 30, 2013.
The estimated weighted-average
dumping margins are shown in the
‘‘Preliminary Determination’’ section of
this notice. The Department
preliminarily found that critical
AGENCY:
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Fmt 4703
Sfmt 4703
circumstances do not exist. Finally, in
response to a request from petitioners,
we are postponing the final
determination. The final determination
will be issued 135 days after the
publication of this preliminary
determination in the Federal Register.
We invite interested parties to comment
on the preliminary determination.
DATES: Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Deborah Scott, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5075 or (202) 482–
2657, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 2, 2013, the Department
received an antidumping duty (AD)
petition 1 concerning imports of OCTG
from Korea filed in proper form on
behalf of the petitioners.2 On July 22,
2013, the Department initiated a LTFV
investigation of OCTG from Korea.3 On
December 18, 2013, petitioners filed a
timely critical circumstances allegation.
In accordance with 19 CFR
351.206(c)(2)(i), when a critical
circumstances allegation is submitted 20
days or more before the scheduled date
of the preliminary determination, the
Department will issue a preliminary
finding not later than the preliminary
determination.4
1 See Petitions for the Imposition of Antidumping
and Countervailing Duties: 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, dated July
2, 2013.
2 United States Steel Corporation, Vallourec Star
L.P., TMK IPSCO, Energex (division of JMC Steel
Group), Northwest Pipe Company, Tejas Tubular
Products, Welded Tube USA Inc., Boomerang Tube
LLC, and Maverick Tube Corporation (collectively,
petitioners).
3 See 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, 78 FR 45505 (July 29, 2013)
(Initiation Notice).
4 Petitioners also alleged critical circumstances
exist with respect to imports of merchandise in the
companion CVD investigations. In accordance with
19 CFR 351.206(c)(2)(ii), the Department issued
preliminary critical circumstances findings in those
investigations on January 17, 2014. On December
31, 2013, the Department requested that
respondents report their shipment data for a threeyear period ending in February 2014, the month of
the preliminary AD determinations, requesting
Quantity and Value (Q&V) data from April 2010 to
February 2014. On January 7, 2014 and January 17,
2014, HYSCO and NEXTEEL submitted its
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[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10478-10480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04036]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-817]
Certain Oil Country Tubular Goods From the Socialist Republic of
Vietnam: Preliminary Determination of Sales at Less Than Fair Value,
Affirmative Preliminary Determination of Critical Circumstances, in
Part, and Postponement of Final Determination
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that certain oil country tubular goods (OCTG) from the
Socialist Republic of Vietnam (Vietnam) are being, or are likely to be,
sold in the United States at less-than-fair value (LTFV), as provided
in section 733(b) of the Tariff Act of 1930, as amended (the Act). The
period of investigation (POI) is January 1, 2013, through June 30,
2013. The estimated weighted-average dumping margins of sales at LTFV
are shown in the ``Preliminary Determination'' section of this notice.
The final determination will be issued 135 days after publication of
this preliminary determination in the Federal Register. We invite
interested parties to comment on these preliminary results.
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Fred Baker, Tyler Weinhold, or Robert
James, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-2924, (202) 482-1121, or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by the investigation 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 investigation also
covers OCTG coupling stock. For a complete description of the scope of
the investigation, see Appendix I to this notice.
Scope Comments
On August 12, 2013, WSP Pipe Co., Ltd. (the sole mandatory
respondent in the concurrent LTFV investigation of OCTG from Thailand)
submitted scope comments to the Department regarding ``pierced
billets'' and asked that the Department determine that such merchandise
was outside of the scope of this and other OCTG investigations.
Petitioners filed rebuttal comments on August 22, 2013. We have made no
modifications to the scope of the investigations. For more information,
see the Preliminary Decision Memorandum.\1\
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\1\ See Decision Memorandum for the Preliminary Determination in
the Antidumping Duty Investigation of Certain Oil Country Tubular
Goods from the Socialist Republic of Vietnam, from Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance, to Paul
Piquado, Assistant Secretary for Enforcement and Compliance, dated
concurrently with this determination and hereby adopted by this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Tolling of Deadlines for Preliminary Determination
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\2\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day.\3\ The revised deadline for the preliminary determination
of this investigation is now February 14, 2014.\4\
---------------------------------------------------------------------------
\2\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
\3\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
\4\ Due to the closure of the Federal Government on February 13,
2014, Commerce completed this determination on the next business day
(i.e., February 14, 2014). See Notice of Clarification: Application
of ``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005).
---------------------------------------------------------------------------
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. Constructed export price (CEP) has been
calculated in accordance with section 772 of the Act. Because Vietnam
is a non-market economy within the meaning of section 771(18) of the
Act, and available information does not permit the calculation of
normal value (NV) under 773(a) of the Act, we calculated NV in
accordance with section 773(c) of the Act. Further, we determined to
apply facts otherwise available with an adverse inference to the
Vietnam-wide entity in accordance with section 776(a) and (b) of the
Act.
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum. The
Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (IA
ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Department's
Central Records Unit, located at room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be found at https://enforcement.trade.gov/frn/.
The signed and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
On December 18, 2013, petitioners \5\ filed a timely critical
circumstances
[[Page 10479]]
allegation, pursuant to section 773(e)(1) of the Act and 19 CFR
351.206(c)(1), alleging that critical circumstances exist with respect
to imports of the merchandise under consideration.\6\ We preliminarily
determine that critical circumstances do not exist for SeAH VINA
Corporation (SeAH) but do exist with respect to the Vietnam-wide
entity. For a full description of the methodology and results of our
analysis, please see the Preliminary Decision Memorandum.
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\5\ United States Steel Corporation, Maverick Tube Corporation,
Boomerang Tube LLC, Energex Tube, Northwest Pipe Company, Tejas
Tubular Products Inc., TMK IPSCO, Vallourec Star, L.P., and Welded
Tube USA, Inc. (collectively, petitioners).
\6\ See Letter from petitioners to the Department, Re:
``Amendment to Petition for the Imposition of Antidumping Duties:
Oil Country Tubular Goods from Vietnam,'' December 18, 2013.
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Combination Rates
As explained in the Initiation Notice, the Department calculated
exporter-producer combination rates for the respondents that are
eligible for a separate rate in this investigation.\7\
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\7\ See 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,
78 FR 45505, 45511 (July 29, 2013).
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Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
SeAH Steel VINA Corporation... SeAH Steel VINA 9.57
Corporation.
------------------------------------------------------
Vietnam-Wide Entity Rate 111.47
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Disclosure and Public Comment
We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\8\ See 19 CFR 351.309.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce. All documents must be filed
electronically using IA ACCESS. An electronically filed request must be
received successfully in its entirety by IA ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days after the date of publication of
this notice.\9\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
date to be determined. Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
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\9\ See 19 CFR 351.310(c).
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we shall direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of OCTG from Vietnam as described in the scope of the
investigation. For entries of OCTG produced and exported by SeAH VINA,
the suspension of liquidation shall apply to all entries of
merchandise, entered, or withdrawn from warehouse, for consumption on
or after the date of publication of this notice in the Federal
Register.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. As described above, we
preliminarily find that critical circumstances exist for imports
produced or exported by the Vietnam-wide entity. For the Vietnam-wide
entity, in accordance with section 733(e)(2)(A) of the Act, the
suspension of liquidation shall apply to unliquidated entries of
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date which is 90 days before the publication of this notice.
We will instruct CBP to require a cash deposit for all suspended
entries at an ad valorem rate equal to the weighted-average dumping
margins, as indicated in the chart above.\10\ These suspension of
liquidation instructions will remain in effect until further notice.
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\10\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to a request from SeAH VINA, we are postponing the final
determination and extending the provisional measures from a four-month
period to no more than six months . Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\11\
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\11\ See also 19 CFR 351.210(e).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we notified the ITC
of our preliminary determination of sales at LTFV. If our final
determination is affirmative, the ITC will determine before the later
of 120 days after the date of this preliminary determination or 45 days
after our final determination whether these imports are materially
injuring, or threaten material injury to, the U.S. industry. Because we
are postponing the deadline for our final determination to 135 days
from the date of publication of this preliminary determination, as
discussed above, the ITC will make its final determination no
[[Page 10480]]
later than 45 days after our final determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the investigation 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 investigation also covers OCTG coupling stock.
Excluded from the scope of the investigation 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 investigation 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 investigation 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
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
1. Initiation
2. Postponement of Preliminary Determination
3. Postponement of Final Determination and Extension of Provisional
Measures
4. Scope of Investigation
a. Scope Comments
5. Non-Market Economy Country
6. Surrogate Country
a. Economic Comparability
b. Significant Producer of Identical or Comparable Merchandise
c. Data Availability
7. Surrogate Value Comments
8. Separate Rates
9. Vietnam-Wide Entity
10. Date of Sale
11. Discussion of Methodology
a. Fair Value Comparisons
b. Export Price
c. Normal Value
d. Factor Values
e. Application of Adverse Facts Available
f. Rate for the Vietnam-Wide Entity
g. Corroboration
h. Determination of Comparison Method
i. Results of Differential Pricing Analysis
12. Currency Conversion
13. Critical Circumstances
14. Verification
[FR Doc. 2014-04036 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P
