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, 10493-10495 [2014-04106]

Download as PDF 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. E:\FR\FM\25FEN1.SGM 25FEN1 10494 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices emcdonald on DSK67QTVN1PROD with NOTICES Methodology The Department conducted this investigation in accordance with section 731 of the Act. Export price (EP) and constructed export price (CEP) are calculated in accordance with section 772 of the Act. Normal value (NV) is 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 http:// enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. 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 weighted-average dumping margins calculated for the or producers or exporters individually examined, excluding rates that are zero, de minimis or determined entirely under section 776 of the Act. Since we calculated a weighted-average dumping margin for only one of the mandatory respondents (Jindal SAW) that was not zero, de minimis or determined entirely under section 776 of the Act, we assigned to all other producers and exporters the rate calculated for Jindal SAW. 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 Preliminary Affirmative Determination the deadline date for case briefs.8 of Critical Circumstances, in Part Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or On December 18, 2013, petitioners rebuttal briefs in this proceeding are filed a timely critical circumstances allegation, pursuant to section 773(e)(1) encouraged to submit with each argument: (1) A statement of the issue; of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist (2) a brief summary of the argument; and, (3) a table of authorities. with respect to imports of the Pursuant to 19 CFR 351.310(c), merchandise under consideration.6 Based on our analysis, we preliminarily interested parties who wish to request a find that critical circumstances exist for hearing, or to participate in a hearing if one is requested, must submit a written Jindal SAW, but not for GVN Fuels Limited (GVN) or for all other producers request to the Assistant Secretary for Enforcement and Compliance, U.S. and exporters.7 Department of Commerce. All Preliminary Determination documents must be filed electronically using IA ACCESS. An electronically The Department preliminarily determines that the following weighted- filed request must be received successfully in its entirety by IA average dumping margins exist: ACCESS, by 5:00 p.m. Eastern Standard WeightedTime, within 30 days after the date of average publication of this notice.9 Requests Exporter or producer dumping should contain the party’s name, margin address, and telephone number, the Jindal SAW Ltd ......................... 55.29 number of participants, and a list of the GVN Fuels Limited, issues to be discussed. If a request for Maharashtra Seamless Lima hearing is made, the Department ited and Jindal Pipe Limited 0.0 intends to hold the hearing at the U.S. All Others .................................. 55.29 Department of Commerce, 14th Street and Constitution Avenue NW., 6 See Letter from petitioners, ‘‘Amendment to Washington, DC 20230, at a time and Petition for the Imposition of Antidumping and date to be determined. Parties should Countervailing Duties: Oil Country Tubular Goods confirm by telephone the date, time, and from India,’’ December 18, 2013. 7 For a full description of the methodology and results of our analysis, see the Preliminary Decision Memorandum. VerDate Mar<15>2010 17:58 Feb 24, 2014 Jkt 232001 8 See 9 See PO 00000 19 CFR 351.309. 19 CFR 351.310(c). Frm 00029 Fmt 4703 Sfmt 4703 location of the hearing two days before the scheduled date. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of OCTG from India 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, except for Jindal SAW and GVN, as described below. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. As discussed above, we preliminarily find that critical circumstances exist for imports produced or exported by Jindal SAW. For Jindal SAW, in accordance with section 733(e)(2)(A) of the Act, suspension of liquidation of OCTG from India, as described in the ‘‘Scope of the Investigation’’ section, shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice, the date suspension of liquidation is first ordered. Because we find critical circumstances do not exist for all other producers and exporters, we will begin suspension of liquidation for such firms on the date of publication of this notice in the Federal Register. Further, because we reached a negative preliminary determination for GVN, we will not instruct CBP to suspend liquidation of entries for this company. Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit 10 equal to the preliminary weighted-average amount by which NV exceeds U.S. price, as indicated in the chart above, as follows: (1) The rate for Jindal SAW will be the weighted-average dumping margin we determine in this preliminary determination; (2) if the exporter is not a firm identified in this investigation, but the producer is, then the rate will be the rate established for the producer of the subject merchandise; (3) the rate for 10 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). E:\FR\FM\25FEN1.SGM 25FEN1 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices all other producers or exporters will be 55.29 percent. There will be no cash deposit requirement for GVN, since, as noted above, there will be no suspension of liquidation. These suspension of liquidation instructions will remain in effect until further notice. Postponement of Final Determination and Extension of Provisional Measures Pursuant to a request from Jindal SAW, a 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.11 Further, Jindal SAW 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. International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we notified the ITC of our preliminary affirmative 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). Appendix II Dated: February 14, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. List of Topics Discussed in the Preliminary Decision Memorandum Appendix I emcdonald on DSK67QTVN1PROD with NOTICES 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 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. 1. Summary 2. Background 3. Period of Investigation 4. Postponement of Preliminary Determination 5. Postponement of Final Determination and Extension of Provisional Measures 6. Scope of the Investigation 7. Scope Comments 8. Affiliation and Single Entity 9. Discussion of the Methodology a. Fair Value Comparison b. Product Comparisons c. Determination of Comparison Method d. U.S. Price e. Normal Value 10. Currency Conversion 11. Critical Circumstances 12. Verification 13. Conclusion [FR Doc. 2014–04106 Filed 2–24–14; 8:45 am] 11 See also 19 CFR 351.210(e). VerDate Mar<15>2010 17:58 Feb 24, 2014 BILLING CODE 3510–DS–P Jkt 232001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 10495 DEPARTMENT OF COMMERCE International Trade Administration [A–583–850] Certain Oil Country Tubular Goods From Taiwan: Affirmative 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 Taiwan 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. DATES: Effective Date: February 25, 2014. FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Hermes Pinilla, 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) 482–0410 or (202) 482– 3477, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 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 E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10493-10495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04106]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-857]


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

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 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 weighted-average 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.

FOR FURTHER INFORMATION CONTACT: 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 products) or 
unfinished (including green tubes and limited service OCTG products), 
whether or not thread protectors are attached. The scope of the 
investigation also covers OCTG coupling stock. For a complete 
description of the scope of the investigation, see Appendix I to this 
notice.

Scope Comments

    On August 12, 2013, WSP Pipe Co., Ltd. (the sole mandatory 
respondent in the concurrent LTFV investigation of OCTG from Thailand) 
submitted scope comments to the Department regarding ``pierced 
billets'' and asked that the Department determine that such merchandise 
was outside of the scope of this and other OCTG investigations. 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\
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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 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).
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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.\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\
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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).
    \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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[[Page 10494]]

Methodology

    The Department conducted this investigation in accordance with 
section 731 of the Act. Export price (EP) and constructed export price 
(CEP) are calculated in accordance with section 772 of the Act. Normal 
value (NV) is 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 http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    On December 18, 2013, petitioners filed a timely critical 
circumstances allegation, pursuant to section 773(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of the merchandise under consideration.\6\ Based on 
our analysis, we preliminarily find that critical circumstances exist 
for Jindal SAW, but not for GVN Fuels Limited (GVN) or for all other 
producers and exporters.\7\
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    \6\ See Letter from petitioners, ``Amendment to Petition for the 
Imposition of Antidumping and Countervailing Duties: Oil Country 
Tubular Goods from India,'' December 18, 2013.
    \7\ For a full description of the methodology and results of our 
analysis, see the Preliminary Decision Memorandum.
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Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
------------------------------------------------------------------------
Jindal SAW Ltd.............................................        55.29
GVN Fuels Limited, Maharashtra Seamless Limited and Jindal          0.0
 Pipe Limited..............................................
All Others.................................................        55.29
------------------------------------------------------------------------

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 
weighted-average dumping margins calculated for the or producers or 
exporters individually examined, excluding rates that are zero, de 
minimis or determined entirely under section 776 of the Act. Since we 
calculated a weighted-average dumping margin for only one of the 
mandatory respondents (Jindal SAW) that was not zero, de minimis or 
determined entirely under section 776 of the Act, we assigned to all 
other producers and exporters the rate calculated for Jindal SAW.

Disclosure and Public Comment

    We will disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the final verification report is issued in 
this proceeding and rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and, (3) a table of 
authorities.
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    \8\ See 19 CFR 351.309.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate in a hearing if one is requested, 
must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce. All documents 
must be filed electronically using IA ACCESS. An electronically filed 
request must be received successfully in its entirety by IA ACCESS, by 
5:00 p.m. Eastern Standard Time, within 30 days after the date of 
publication of this notice.\9\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
the Department intends to hold the hearing at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \9\ See 19 CFR 351.310(c).
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of OCTG from India 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, except for Jindal SAW and GVN, as described below. 
Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. As discussed above, we 
preliminarily find that critical circumstances exist for imports 
produced or exported by Jindal SAW. For Jindal SAW, in accordance with 
section 733(e)(2)(A) of the Act, suspension of liquidation of OCTG from 
India, as described in the ``Scope of the Investigation'' section, 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date which is 
90 days before the publication of this notice, the date suspension of 
liquidation is first ordered. Because we find critical circumstances do 
not exist for all other producers and exporters, we will begin 
suspension of liquidation for such firms on the date of publication of 
this notice in the Federal Register. Further, because we reached a 
negative preliminary determination for GVN, we will not instruct CBP to 
suspend liquidation of entries for this company.
    Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to 
require a cash deposit \10\ equal to the preliminary weighted-average 
amount by which NV exceeds U.S. price, as indicated in the chart above, 
as follows: (1) The rate for Jindal SAW will be the weighted-average 
dumping margin we determine in this preliminary determination; (2) if 
the exporter is not a firm identified in this investigation, but the 
producer is, then the rate will be the rate established for the 
producer of the subject merchandise; (3) the rate for

[[Page 10495]]

all other producers or exporters will be 55.29 percent. There will be 
no cash deposit requirement for GVN, since, as noted above, there will 
be no suspension of liquidation. These suspension of liquidation 
instructions will remain in effect until further notice.
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    \10\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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Postponement of Final Determination and Extension of Provisional 
Measures

    Pursuant to a request from Jindal SAW, a 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.\11\ Further, Jindal SAW 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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    \11\ See also 19 CFR 351.210(e).
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International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we notified the ITC 
of our preliminary affirmative 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.

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 Preliminary Determination
5. Postponement of Final Determination and Extension of Provisional 
Measures
6. Scope of the Investigation
7. Scope Comments
8. Affiliation and Single Entity
9. Discussion of the Methodology
    a. Fair Value Comparison
    b. Product Comparisons
    c. Determination of Comparison Method
    d. U.S. Price
    e. Normal Value
10. Currency Conversion
11. Critical Circumstances
12. Verification
13. Conclusion

[FR Doc. 2014-04106 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P