Certain Oil Country Tubular Goods From the Republic of the Philippines: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination, 10491-10493 [2014-04093]
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
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. Scope of the Investigation
2. Affiliation
3. Postponement of Preliminary
Determination
4. Postponement of Final Determination and
Extension of Provisional Measures
5. Discussion of Methodology
a. Home Market Viability
b. Affiliated Party Transactions and Arm’sLength Test
c. Cost of Production
d. Constructed Value
e. Constructed Export Price
f. Level of Trade/CEP Offset
g. Determination of Comparison Method
h. Currency Conversion
6. Verification
[FR Doc. 2014–04102 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–565–802]
Certain Oil Country Tubular Goods
From the Republic of the Philippines:
Preliminary Affirmative 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
from the Republic of the Philippines
(the Philippines) are being sold, 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 July 1, 2012,
through June 30, 2013. The estimated
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
weighted-average dumping margins of
sales at LTFV are listed in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
DATES: Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0665.
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.
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,
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
10491
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.
Scope Comments
On August 12, 2013, WSP Pipe Co.,
Ltd. (the sole mandatory respondent in
the concurrent antidumping duty
investigation involving 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. The petitioners 1
filed rebuttal comments on August 22,
2013. We have not made any
modifications to the scope of the
investigations. For more information,
see the Preliminary Decision
Memorandum.2
Tolling of Deadlines for Preliminary
Determination
As explained in the memorandum
from the Assistant Secretary for
1 Boomerang Tube, Energex Tube, a division of
JMC Steel Group, Maverick Tube Corporation,
Northwest Pipe Company, Tejas Tubular Products,
TMK IPSCO, United States Steel Corporation,
Vallourec Star, L.P., and Welded Tube USA Inc.
(collectively, the petitioners).
2 See the ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Certain Oil Country Tubular
Goods from the Republic of the Philippines’’, 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).
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Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.3
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.4 The
revised deadline for the preliminary
determination of this investigation is
now February 14, 2014.
Methodology
The Department has conducted this
investigation in accordance with section
731 of the Act. Export prices have been
calculated in accordance with section
772 of the Act. Normal value has been
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, 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 Negative Determination of
Critical Circumstances
On January 7, 2014, the petitioners
filed a timely critical circumstances
allegation, pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(c)(1). We
have preliminarily determined that
critical circumstances do not exist for
imports of OCTG from the Philippines.
For a full description of the
methodology and results of our analysis,
see the Preliminary Decision
Memorandum.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weighted-average
dumping margin
%
Exporter/Manufacturer
HLD Clark Steel Pipe Co., Inc. ....................................................................................................................................................
All Others .....................................................................................................................................................................................
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.6
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.7 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
3 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).
4 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).
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). Id.
5 See section 735(c)(5)(A) of the Act.
6 See 19 CFR 351.309.
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all others’’
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely under
section 776 of the Act. The ‘‘All Others’’
rate is based on the weighted-average
dumping margin calculated for HLD
Clark Steel Pipe Co., Inc., the only
company for which the Department
calculated a rate.5
emcdonald on DSK67QTVN1PROD with NOTICES
Disclosure and Public Comment
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
8.90
8.90
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 are directing U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
OCTG from the Philippines as described
in the scope of the investigation section
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register.
We will instruct CBP to require a cash
deposit equal to the weighted-average
amount by which the normal value
exceeds export price, as indicated in the
chart above.8 The 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 HLD Clark
Steel Pipe Co., Inc., in this investigation,
we are postponing the final
determination. Accordingly, we will
issue our final determination no later
7 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).
8 See
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.9 Further, HLD Clark
Steel Pipe Co., Inc., requested to extend
the application of the provisional
measures prescribed under section
733(d) of the Act and 19 CFR
351.210(e)(2), from a four-month period
to a six-month period. The suspension
of liquidation described above will be
extended accordingly.
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
preliminary affirmative determination of
sales at LTFV. Because the preliminary
determination in this proceeding is
affirmative, section 735(b)(2) of the Act
requires that the ITC make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports
OCTG from the Philippines before the
later of 120 days after the date of this
preliminary determination or 45 days
after our final determination. 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
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
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Postponement of Final Determination and
Extension of Provisional Measures
2. Scope of the Investigation
3. Scope Comments
4. Selection of Respondents
5. Critical Circumstances
6. Fair Value Comparisons
7. Product Comparisons
8. Date of Sale
9. U.S. Price
10. Normal Value
a. Home Market Viability and ComparisonMarket Selection
b. Level of Trade
c. Calculation of Normal Value Based on
Third-Country Prices
d. Calculation of Normal Value Based on
Constructed Value
11. Cost of Production
also 19 CFR 351.210(b)(2) and (e).
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
[FR Doc. 2014–04093 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–857]
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 India 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 is July 1, 2012, through
June 30, 2013. The estimated weightedaverage dumping margins of sales at
LTFV are shown in the ‘‘Preliminary
Determination’’ section of this notice.
We invite interested parties to comment
on this preliminary determination. The
final determination will be issued 135
days after publication of this
preliminary determination in the
Federal Register.
DATES: Effective Date: February 25,
2014.
AGENCY:
Emily Halle, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0176.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this
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
PO 00000
Frm 00028
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
Certain Oil Country Tubular Goods
From India: Preliminary Determination
of Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances, in Part, and
Postponement of Final Determination
FOR FURTHER INFORMATION CONTACT:
Appendix
9 See
12. Currency Conversion
13. Verification
10493
Fmt 4703
Sfmt 4703
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. The
petitioners 1 filed rebuttal comments on
August 22, 2013. We made no
modifications to the scope of the
investigations. For more information,
see the Preliminary Decision
Memorandum.2
Tolling of Deadlines for Preliminary
Determination
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.3
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.4 The
revised deadline for the preliminary
determination of this investigation is
now February 14, 2014.5
1 Boomerang Tube, Energex Tube, a division of
JMC Steel Group, Maverick Tube Corporation,
Northwest Pipe Company, Tejas Tubular Products,
TMK IPSCO, United States Steel Corporation,
Vallourec Star, L.P., and Welded Tube USA Inc.
(collectively, the petitioners).
2 See Memorandum to Paul Piquado, ‘‘Decision
Memorandum for the Preliminary Determination in
the Less-Than-Fair-Value Investigation of Certain
Oil Country Tubular Goods from India,’’ dated
concurrently with this determination and hereby
adopted by this notice (Preliminary Decision
Memorandum).
3 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).
4 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 Due to the closure of the Federal Government on
February 13, 2014, the Department completed this
determination on the next business day (i.e.,
February 14, 2014). Id.
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]]>Agencies
[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10491-10493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04093]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-565-802]
Certain Oil Country Tubular Goods From the Republic of the
Philippines: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Negative Preliminary Determination of Critical
Circumstances, 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 from the Republic of
the Philippines (the Philippines) are being sold, 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 July 1, 2012, through June 30, 2013.
The estimated weighted-average dumping margins of sales at LTFV are
listed in the ``Preliminary Determination'' section of this notice.
Interested parties are invited to comment on this preliminary
determination.
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0665.
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.
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.
Scope Comments
On August 12, 2013, WSP Pipe Co., Ltd. (the sole mandatory
respondent in the concurrent antidumping duty investigation involving
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. The petitioners \1\ filed rebuttal comments on August
22, 2013. We have not made any modifications to the scope of the
investigations. For more information, see the Preliminary Decision
Memorandum.\2\
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\1\ Boomerang Tube, Energex Tube, a division of JMC Steel Group,
Maverick Tube Corporation, Northwest Pipe Company, Tejas Tubular
Products, TMK IPSCO, United States Steel Corporation, Vallourec
Star, L.P., and Welded Tube USA Inc. (collectively, the
petitioners).
\2\ See the ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Certain Oil
Country Tubular Goods from the Republic of the Philippines'', 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).
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Tolling of Deadlines for Preliminary Determination
As explained in the memorandum from the Assistant Secretary for
[[Page 10492]]
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\3\ 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.\4\ The revised deadline for the preliminary determination
of this investigation is now February 14, 2014.
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\3\ 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).
\4\ 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). 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). Id.
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Methodology
The Department has conducted this investigation in accordance with
section 731 of the Act. Export prices have been calculated in
accordance with section 772 of the Act. Normal value has been
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, 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 Negative Determination of Critical Circumstances
On January 7, 2014, the petitioners filed a timely critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1). We have preliminarily determined that critical
circumstances do not exist for imports of OCTG from the Philippines.
For a full description of the methodology and results of our analysis,
see the Preliminary Decision Memorandum.
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-average
Exporter/Manufacturer dumping margin %
------------------------------------------------------------------------
HLD Clark Steel Pipe Co., Inc....................... 8.90
All Others.......................................... 8.90
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Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. The ``All Others'' rate is based on the weighted-average
dumping margin calculated for HLD Clark Steel Pipe Co., Inc., the only
company for which the Department calculated a rate.\5\
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\5\ See section 735(c)(5)(A) of the Act.
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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.\6\ 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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\6\ 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.\7\ 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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\7\ See 19 CFR 351.310(c).
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we are directing
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of OCTG from the Philippines as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register.
We will instruct CBP to require a cash deposit equal to the
weighted-average amount by which the normal value exceeds export price,
as indicated in the chart above.\8\ The suspension of liquidation
instructions will remain in effect until further notice.
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\8\ 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 HLD Clark Steel Pipe Co., Inc., in this
investigation, we are postponing the final determination. Accordingly,
we will issue our final determination no later
[[Page 10493]]
than 135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.\9\ Further,
HLD Clark Steel Pipe Co., Inc., requested to extend the application of
the provisional measures prescribed under section 733(d) of the Act and
19 CFR 351.210(e)(2), from a four-month period to a six-month period.
The suspension of liquidation described above will be extended
accordingly.
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\9\ See also 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our preliminary affirmative determination of sales at LTFV.
Because the preliminary determination in this proceeding is
affirmative, section 735(b)(2) of the Act requires that the ITC make
its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports OCTG from the Philippines before the later
of 120 days after the date of this preliminary determination or 45 days
after our final determination. 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 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
List of Topics Discussed in the Preliminary Decision Memorandum
1. Postponement of Final Determination and Extension of Provisional
Measures
2. Scope of the Investigation
3. Scope Comments
4. Selection of Respondents
5. Critical Circumstances
6. Fair Value Comparisons
7. Product Comparisons
8. Date of Sale
9. U.S. Price
10. Normal Value
a. Home Market Viability and Comparison-Market Selection
b. Level of Trade
c. Calculation of Normal Value Based on Third-Country Prices
d. Calculation of Normal Value Based on Constructed Value
11. Cost of Production
12. Currency Conversion
13. Verification
[FR Doc. 2014-04093 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P
