Certain Oil Country Tubular Goods From Thailand: Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination, 10487-10489 [2014-04096]
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
a. Home Market Viability and ComparisonMarket Selection
b. Level of Trade
c. Calculation of Normal Value Based on
Home-Market Prices
d. Calculation of Normal Value Based on
Constructed Value
13. Cost of Production
14. Currency Conversion
15. Verification
[FR Doc. 2014–04108 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–832]
Certain Oil Country Tubular Goods
From Thailand: Preliminary
Determination of Sales at Less Than
Fair Value, and Postponement of Final
Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain oil country
tubular goods (OCTG) from Thailand 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 July 1, 2012, through June 30, 2013.
The estimated weighted-average
dumping margins of sales at LTFV are
shown in the ‘‘Preliminary
Determination’’ section of this notice.
We intend to issue the final
determination 135 days after
publication of this preliminary
determination in the Federal Register.
We invite interested parties to comment
on this preliminary determination.
DATES: Effective Date: February 25,
2014.
AGENCY:
John
Drury or Yasmin Nair, 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) 482–0195 or (202) 482–
3813, respectively.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK67QTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
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
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
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.
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, 2013.1
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.2 The
revised deadline for the preliminary
determination of this investigation is
now February 14, 2014.3
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. The Department
preliminarily determined the estimated
antidumping duty margins in
accordance with section 776 of the Act.
For a full description of the
methodology underlying our
1 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government,’’ dated October 18,
2013.
2 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).
3 On October 31, 2013, the Department extended
the deadline for the issuance of the preliminary
determination by 50 days, or until February 13,
2014. 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: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 78 FR 65268 (October 31, 2013).).
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).
PO 00000
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Fmt 4703
Sfmt 4703
10487
conclusions, see the ‘‘Decision
Memorandum for the Preliminary
Determination in the Antidumping Duty
Investigation of Certain Oil Country
Tubular Goods from the Thailand,’’
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). 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.
Scope Comments
On August 12, 2013, WSP Pipe Co.,
Ltd. (WSP), the sole respondent in this
investigation, 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 not made any
modifications to the scope of the
investigation. For more information, see
the Preliminary Decision Memorandum.
Application of Adverse Facts Available
On October 18, 2013, WSP submitted
a letter informing the Department ‘‘that
WSP will not be responding to the
Department of Commerce’s August 28,
2013 Request for Information.’’
Therefore, the Department preliminarily
applied adverse facts available to WSP
in accordance with section 776 of the
Act. See the Preliminary Decision
Memorandum for a complete
explanation of the methodology and
analysis underlying our preliminary
application of adverse facts available.
Preliminary Determination
The Department preliminarily
determines that the following dumping
margins exist:
E:\FR\FM\25FEN1.SGM
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10488
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
Exporter/Manufacturer
WSP Pipe Co., Ltd ...............
All Others ..............................
in the chart above.6 These suspension of
liquidation instructions will remain in
effect until further notice.
Dumping
margin
%
118.32
118.32
All Others Rate
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. We cannot apply
the methodology described in section
735(c)(5)(A) of the Act to calculate the
‘‘all others’’ rate, as all of the margins in
this preliminary determination were
calculated under section 776 of the Act.
In cases where no weighted-average
dumping margins besides zero, de
minimis, or those determined entirely
under section 776 of the Act have been
established for individually investigated
entities, in accordance with section 735
(c)(5)(B) of the Act, the Department
averages the margins calculated by the
petitioners in the petition and applies
the result to all other entities not
individually examined.4 In this case,
however, petitioners calculated only
one margin in the petition.5 Therefore,
we assigned as the all others rate the
only margin in the petition; that rate is
118.32 percent.
Suspension of Liquidation
emcdonald on DSK67QTVN1PROD with NOTICES
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 Thailand 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 margins indicated
4 See Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 21909
(April 23, 2008); unchanged in Notice of Final
Determination of Sales at Less Than Fair Value:
Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986 (July 8, 2008).
5 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) at
45508; see also Antidumping Duty Investigation
Initiation Checklist: Oil Country Tubular Goods
from Thailand at 7–8.
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
Disclosure and Public Comment
Normally, the Department discloses
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). As
the Department preliminarily applied
adverse facts available to WSP in
accordance with section 776 of the Act,
there are no further calculations to
disclose.
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 50 days after
the date on which the the preliminary
determination is published, 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.7 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.8 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.
6 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).
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
8 See 19 CFR 351.310(c).
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
The Department’s regulations, at 19 CFR
351.210(e)(2), require that requests by
respondents for postponement of a final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to
not more than six months.
On February 7, 2014, WSP requested
that in the event of an affirmative
preliminary determination in this
investigation, the Department postpone
its final determination by 60 days (135
days after publication of the preliminary
determination), and agreed 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.9 In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting producer/
exporter accounts for a significant
proportion of exports of the subject
merchandise; and (3) no compelling
reasons for denial exist, we are
postponing the final determination until
no later than 135 days after the
publication of this notice in the Federal
Register. Suspension of liquidation will
be extended accordingly. We are also
extending 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.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 733(f) of
the Act, we will notify 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 of
9 See Letter from WSP to the Department, dated
February 7, 2014.
E:\FR\FM\25FEN1.SGM
25FEN1
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
OCTG from Thailand 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 the 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.
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. Application of Adverse Facts Available
2. All Others rate
3. Scope
[FR Doc. 2014–04096 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
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,
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17:58 Feb 24, 2014
Jkt 232001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–517–804]
Certain Oil Country Tubular Goods
From Saudi Arabia: Preliminary
Determination of Sales at Less Than
Fair Value, 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 Saudi Arabia is being, or
is 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
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 this preliminary
determination.
DATES: Effective Date: February 25,
2014.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Jason Rhoads, 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) 482–0123.
SUPPLEMENTARY INFORMATION:
PO 00000
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Sfmt 4703
10489
Scope Comments
On August 12, 2013, WSP Pipe Co.,
Ltd. (the sole mandatory respondent in
the concurrent antidumping duty
investigation on OCTG from Thailand)
submitted scope comments to the
Department regarding certain ‘‘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 not made any modifications to
the scope of the investigation. For more
information, see the ‘‘Decision
Memorandum for the Preliminary
Determination in the Antidumping Duty
Investigation of Certain Oil Country
Tubular Goods from Saudi Arabia,’’
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, 2013.1
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.2 The
revised deadline for the preliminary
determination of this investigation is
now February 14, 2014.3
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. Normal
value (NV) has been calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
1 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).
2 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).
3 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 10487-10489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04096]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-832]
Certain Oil Country Tubular Goods From Thailand: Preliminary
Determination of Sales at Less Than Fair Value, and Postponement of
Final Determination
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that certain oil country tubular goods (OCTG) from Thailand
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 July
1, 2012, through June 30, 2013. The estimated weighted-average dumping
margins of sales at LTFV are shown in the ``Preliminary Determination''
section of this notice. We intend to issue the final determination 135
days after publication of this preliminary determination in the Federal
Register. We invite interested parties to comment on this preliminary
determination.
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: John Drury or Yasmin Nair, 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-
0195 or (202) 482-3813, 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.
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.\1\ 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.\2\ The revised deadline for the preliminary determination
of this investigation is now February 14, 2014.\3\
---------------------------------------------------------------------------
\1\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government,'' dated October 18, 2013.
\2\ 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).
\3\ On October 31, 2013, the Department extended the deadline
for the issuance of the preliminary determination by 50 days, or
until February 13, 2014. 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: Postponement of Preliminary
Determinations of Antidumping Duty Investigations, 78 FR 65268
(October 31, 2013).). 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. The Department preliminarily determined the
estimated antidumping duty margins in accordance with section 776 of
the Act. For a full description of the methodology underlying our
conclusions, see the ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Certain Oil
Country Tubular Goods from the Thailand,'' 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). 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.
Scope Comments
On August 12, 2013, WSP Pipe Co., Ltd. (WSP), the sole respondent
in this investigation, 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 not made any modifications to the scope of the investigation.
For more information, see the Preliminary Decision Memorandum.
Application of Adverse Facts Available
On October 18, 2013, WSP submitted a letter informing the
Department ``that WSP will not be responding to the Department of
Commerce's August 28, 2013 Request for Information.'' Therefore, the
Department preliminarily applied adverse facts available to WSP in
accordance with section 776 of the Act. See the Preliminary Decision
Memorandum for a complete explanation of the methodology and analysis
underlying our preliminary application of adverse facts available.
Preliminary Determination
The Department preliminarily determines that the following dumping
margins exist:
[[Page 10488]]
------------------------------------------------------------------------
Dumping
Exporter/Manufacturer margin %
------------------------------------------------------------------------
WSP Pipe Co., Ltd....................................... 118.32
All Others.............................................. 118.32
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All Others Rate
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. We cannot apply the methodology described in section
735(c)(5)(A) of the Act to calculate the ``all others'' rate, as all of
the margins in this preliminary determination were calculated under
section 776 of the Act. In cases where no weighted-average dumping
margins besides zero, de minimis, or those determined entirely under
section 776 of the Act have been established for individually
investigated entities, in accordance with section 735 (c)(5)(B) of the
Act, the Department averages the margins calculated by the petitioners
in the petition and applies the result to all other entities not
individually examined.\4\ In this case, however, petitioners calculated
only one margin in the petition.\5\ Therefore, we assigned as the all
others rate the only margin in the petition; that rate is 118.32
percent.
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\4\ See Notice of Preliminary Determination of Sales at Less
Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909 (April 23, 2008); unchanged in Notice of Final
Determination of Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 38986 (July 8, 2008).
\5\ 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) at 45508; see also Antidumping Duty
Investigation Initiation Checklist: Oil Country Tubular Goods from
Thailand at 7-8.
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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 Thailand 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 margins
indicated in the chart above.\6\ These suspension of liquidation
instructions will remain in effect until further notice.
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\6\ 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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Disclosure and Public Comment
Normally, the Department discloses 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). As the Department
preliminarily applied adverse facts available to WSP in accordance with
section 776 of the Act, there are no further calculations to disclose.
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 50
days after the date on which the the preliminary determination is
published, 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.\7\ 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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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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.\8\ 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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\8\ See 19 CFR 351.310(c).
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Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. The Department's regulations, at 19 CFR 351.210(e)(2),
require that requests by respondents for postponement of a final
determination be accompanied by a request for extension of provisional
measures from a four-month period to not more than six months.
On February 7, 2014, WSP requested that in the event of an
affirmative preliminary determination in this investigation, the
Department postpone its final determination by 60 days (135 days after
publication of the preliminary determination), and agreed 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.\9\ In accordance with section 735(a)(2)(A) of the Act and
19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is
affirmative; (2) the requesting producer/exporter accounts for a
significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, we are postponing the final
determination until no later than 135 days after the publication of
this notice in the Federal Register. Suspension of liquidation will be
extended accordingly. We are also extending 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.
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\9\ See Letter from WSP to the Department, dated February 7,
2014.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify 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 of
[[Page 10489]]
OCTG from Thailand 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 the 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 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. Application of Adverse Facts Available
2. All Others rate
3. Scope
[FR Doc. 2014-04096 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P
