Certain Oil Country Tubular Goods From Ukraine: Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination, 10482-10484 [2014-04101]
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10482
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
Suspension of Liquidation
Because the Department has not made
an affirmative preliminary
determination of sales at less than fair
value, we are not directing U.S. Customs
and Border Protection to suspend
liquidation of any entries of OCTG from
Korea.
Postponement of Final Determination
Pursuant to a request from U.S.
Steel 10 in this investigation, we are
postponing the final determination
pursuant to 735(a)(2)(B) of the Act.
Because our preliminary determination
is negative, in accordance with section
735(a)(2)(B) of the Act, we are granting
U.S. Steel’s request and are postponing
the final determination until no later
than 135 days after the publication of
the preliminary determination notice in
the Federal Register.11
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
preliminary negative 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.
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
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. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination
5. Scope of the Investigation
6. Scope Comments
7. Model Match Comments
8. Affiliation
9. Critical Circumstances
10. Discussion of Methodology
11. Currency Conversion
12. Verification
[FR Doc. 2014–04110 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
10 On February 11, 2014, petitioner, United States
Steel Corporation (U.S. Steel), requested that the
Department postpone the final determination in the
event of a negative preliminary determination.
11 See also 19 CFR 351.210(e).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–815]
Certain Oil Country Tubular Goods
From Ukraine: 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 Ukraine 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.
Interested parties are invited to
comment on this preliminary
determination. We intend to issue the
final determination 135 days after
publication of this preliminary
determination in the Federal Register.
DATES: Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT:
David Lindgren, 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) 482–3870.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Investigation
The merchandise covered by this
investigation is OCTG, which are
hollow steel products of circular crosssection, 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
E:\FR\FM\25FEN1.SGM
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
description of the scope of the
investigation, see Appendix I.
Methodology
Scope Comments
On August 12, 2013, WSP Pipe Co.,
Ltd. (the sole mandatory respondent in
the concurrent antidumping duty OCTG
from Thailand 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.1
Petitioners 2 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.3
emcdonald on DSK67QTVN1PROD with NOTICES
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, 2013.4
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.5 The
revised deadline for the preliminary
determination of this investigation is
now February 14, 2014.6
1 See Letter from WSP Pipe Co., Ltd. Regarding
‘‘Comments on Scope of Investigations:
Antidumping Duty Investigations of Oil Country
Tubular Goods From India, Korea, Philippines,
Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine
and Vietnam; Countervailing Duty Investigation of
Oil Country Tubular Goods from India and
Turkey,’’ dated August 12, 2013 at 2.
2 United States Steel Corporation, Vallourec Star
L.P., TMK IPSCO, Energex Tube (a 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 Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance ‘‘Decision
Memorandum for the Preliminary Determination in
the Antidumping Duty Investigation of Certain Oil
Country Tubular Goods From Ukraine’’, dated
concurrently with this determination and hereby
adopted by this notice (Preliminary Decision
Memorandum).
4 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.
5 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).
6 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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17:58 Feb 24, 2014
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The Department conducted this
investigation in accordance with section
731 of the Tariff Act of 1930, as
amended (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 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 December 18, 2013, petitioners
filed a timely critical circumstances
allegation, pursuant to section 733(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.7
Based on our analysis, we preliminarily
determine that there is not a reasonable
basis to believe or suspect that critical
circumstances exist with respect to
OCTG from Ukraine. For a full
description of the methodology and
results of our analysis, please see the
Preliminary Decision Memorandum.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
7 See Letter to the Department from Petitioners
regarding ‘‘Amendment to Petition for the
Imposition of Antidumping Duties: Oil Country
Tubular Goods from Ukraine,’’ dated December 18,
2013.
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Exporter/producer
Interpipe Europe S.A.; Interpipe
Ukraine LLC; PJSC Interpipe
Niznedneprovsky Tube Rolling
Pipe (aka Interpipe NTRP);
LLC Interpipe Niko Tube 8 ......
All Others ....................................
10483
Weightedaverage
dumping
margin
(percent)
5.31
5.31
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 weightedaverage 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
Interpipe, the sole mandatory
respondent in the investigation.9
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.10
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
8 The Department preliminarily determines that
Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC
Interpipe Niznedneprovsky Tube Rolling Pipe (aka
Interpipe NTRP); LLC Interpipe Niko Tube; North
American Interpipe, Inc. (collectively, Interpipe) are
affiliated and should be considered a single entity.
For a more detailed discussion on the Department’s
analysis regarding affiliation and treatment of
Interpipe Europe S.A. and certain affiliated
companies as a single entity, see Preliminary
Decision Memorandum at ‘‘Affiliation and Single
Entity.’’ As North American Interpipe is the U.S.based importer, it is excluded from the Exporter/
Producer table above.
9 See section 735(c)(5)(A) of the Act.
10 See 19 CFR 351.309.
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
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.11 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.
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 Ukraine 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.
Pursuant to section 733(d)(1) of the
Act and 19 CFR 351.205(d), we will
instruct CBP to require a cash deposit
equal to the weighted-average amount
by which the NV exceeds CEP, as
indicated in the chart above.12 These
suspension of liquidation instructions
will remain in effect until further notice.
emcdonald on DSK67QTVN1PROD with NOTICES
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to a request from Interpipe,
the respondent in this investigation, we
are postponing the final determination.
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.13 Further,
Interpipe 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. Suspension of liquidation will
be extended accordingly.
11 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).
13 See also 19 CFR 351.210(e).
12 See
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17:58 Feb 24, 2014
Jkt 232001
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we notified the International
Trade Commission (ITC) of our
preliminary affirmative determination of
sales at LTFV. If our final determination
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
OCTG from Ukraine before the later of
120 days after the date of this
preliminary determination or 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.
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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. Postponement of Preliminary
Determination
2. Postponement of Final Determination and
Extension of Provisional Measures
3. Scope of the Investigation
4. Scope Comments
5. Affiliation and Single Entity
6. Fair Value Comparisons
7. Product Comparison
8. Determination of Comparison Method
9. Constructed Export Price
10. Normal Value
a. Home Market Viability
b. Level of Trade
c. Cost of Production
d. Constructed Value
e. Price-to-CV Comparison
f. Calculation of Normal Value Based on
Comparison Market Prices
g. Re-Export Sales
11. Date of Sale
12. Currency Conversion
13. Critical Circumstances
14. Verification
[FR Doc. 2014–04101 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–816]
Certain Oil Country Tubular Goods
From the Republic of Turkey:
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 Turkey
(Turkey) are being sold, or are likely to
AGENCY:
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]]>Agencies
[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10482-10484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04101]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-815]
Certain Oil Country Tubular Goods From Ukraine: Preliminary
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 (OCTG) from Ukraine
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 weighted-average dumping
margins of sales at LTFV are shown in the ``Preliminary Determination''
section of this notice. Interested parties are invited to comment on
this preliminary determination. We intend to issue the final
determination 135 days after publication of this preliminary
determination in the Federal Register.
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: David Lindgren, 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-
3870.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this investigation is 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
[[Page 10483]]
description of the scope of the investigation, see Appendix I.
Scope Comments
On August 12, 2013, WSP Pipe Co., Ltd. (the sole mandatory
respondent in the concurrent antidumping duty OCTG from Thailand
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.\1\ Petitioners \2\ 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.\3\
---------------------------------------------------------------------------
\1\ See Letter from WSP Pipe Co., Ltd. Regarding ``Comments on
Scope of Investigations: Antidumping Duty Investigations of Oil
Country Tubular Goods From India, Korea, Philippines, Saudi Arabia,
Taiwan, Thailand, Turkey, Ukraine and Vietnam; Countervailing Duty
Investigation of Oil Country Tubular Goods from India and Turkey,''
dated August 12, 2013 at 2.
\2\ United States Steel Corporation, Vallourec Star L.P., TMK
IPSCO, Energex Tube (a 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 Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Enforcement and Compliance ``Decision Memorandum for
the Preliminary Determination in the Antidumping Duty Investigation
of Certain Oil Country Tubular Goods From Ukraine'', 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
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.\4\ 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.\5\ The revised deadline for the preliminary determination
of this investigation is now February 14, 2014.\6\
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\4\ 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.
\5\ 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).
\6\ 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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Methodology
The Department conducted this investigation in accordance with
section 731 of the Tariff Act of 1930, as amended (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 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 December 18, 2013, petitioners filed a timely critical
circumstances allegation, pursuant to section 733(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.\7\ Based on
our analysis, we preliminarily determine that there is not a reasonable
basis to believe or suspect that critical circumstances exist with
respect to OCTG from Ukraine. For a full description of the methodology
and results of our analysis, please see the Preliminary Decision
Memorandum.
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\7\ See Letter to the Department from Petitioners regarding
``Amendment to Petition for the Imposition of Antidumping Duties:
Oil Country Tubular Goods from Ukraine,'' dated December 18, 2013.
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Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe 5.31
Niznedneprovsky Tube Rolling Pipe (aka Interpipe NTRP); LLC
Interpipe Niko Tube \8\....................................
All Others.................................................. 5.31
------------------------------------------------------------------------
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 Interpipe, the sole mandatory respondent
in the investigation.\9\
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\8\ The Department preliminarily determines that Interpipe
Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky
Tube Rolling Pipe (aka Interpipe NTRP); LLC Interpipe Niko Tube;
North American Interpipe, Inc. (collectively, Interpipe) are
affiliated and should be considered a single entity. For a more
detailed discussion on the Department's analysis regarding
affiliation and treatment of Interpipe Europe S.A. and certain
affiliated companies as a single entity, see Preliminary Decision
Memorandum at ``Affiliation and Single Entity.'' As North American
Interpipe is the U.S.-based importer, it is excluded from the
Exporter/Producer table above.
\9\ 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.\10\ 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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\10\ 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
[[Page 10484]]
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.\11\ 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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\11\ 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 Ukraine 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.
Pursuant to section 733(d)(1) of the Act and 19 CFR 351.205(d), we
will instruct CBP to require a cash deposit equal to the weighted-
average amount by which the NV exceeds CEP, as indicated in the chart
above.\12\ These suspension of liquidation instructions will remain in
effect until further notice.
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\12\ 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 Interpipe, the respondent in this
investigation, we are postponing the final determination. 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.\13\ Further, Interpipe 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. Suspension of liquidation will be
extended accordingly.
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\13\ See also 19 CFR 351.210(e).
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International Trade Commission Notification
In accordance with section 733(f) of the Act, we notified the
International Trade Commission (ITC) of our preliminary affirmative
determination of sales at LTFV. If our final determination 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 OCTG from Ukraine before the later of
120 days after the date of this preliminary determination or 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. Postponement of Preliminary Determination
2. Postponement of Final Determination and Extension of Provisional
Measures
3. Scope of the Investigation
4. Scope Comments
5. Affiliation and Single Entity
6. Fair Value Comparisons
7. Product Comparison
8. Determination of Comparison Method
9. Constructed Export Price
10. Normal Value
a. Home Market Viability
b. Level of Trade
c. Cost of Production
d. Constructed Value
e. Price-to-CV Comparison
f. Calculation of Normal Value Based on Comparison Market Prices
g. Re-Export Sales
11. Date of Sale
12. Currency Conversion
13. Critical Circumstances
14. Verification
[FR Doc. 2014-04101 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P
