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, 10484-10487 [2014-04108]
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10484
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entered, or withdrawn from warehouse,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
VerDate Mar<15>2010
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.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
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:
E:\FR\FM\25FEN1.SGM
25FEN1
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
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 listed in the ‘‘Preliminary
Determination’’ section of this notice.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos, 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)
482–1757.
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.
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,
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the
investigation may also enter under the
following HTSUS item numbers:
7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36,
7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52,
7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72,
7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15,
7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35,
7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55,
7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80,
7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90,
7306.50.50.50, and 7306.50.50.70.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description
of the scope of the investigation is
dispositive.
Scope Comments
On August 12, 2013, WSP Pipe Co.,
Ltd. (the sole mandatory respondent in
the concurrent antidumping duty
investigation involving OCTG from
Thailand) submitted scope comments to
the Department regarding ‘‘pierced
billets’’ and asked that the Department
determine that such merchandise was
outside of the scope of this and other
OCTG investigations. The petitioners 1
filed rebuttal comments on August 22,
2013. We have not made any
modifications to the scope of the
investigations. For more information,
see the Preliminary Decision
Memorandum.2
1 Boomerang Tube, Energex Tube, a division of
JMC Steel Group, Maverick Tube Corporation,
Northwest Pipe Company, Tejas Tubular Products,
TMK IPSCO, United States Steel Corporation,
Vallourec Star, L.P., and Welded Tube USA Inc.
(collectively, the petitioners).
2 See the ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Certain Oil Country Tubular
Goods From the Republic of Turkey’’, from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated concurrently with this
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
10485
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.
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. Export prices and
constructed export prices have been
calculated in accordance with section
772 of the Act. Normal value has been
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and
is available to all parties in the
Department’s Central Records Unit,
located at room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Negative Determination of
Critical Circumstances
On December 18, 2013, the petitioners
filed a timely critical circumstances
allegation, pursuant to section 733(e)(1)
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).
Due to the closure of the Federal Government on
February 13, 2014, Commerce completed these
determinations on the next business day (i.e.,
February 14, 2014). Id.
E:\FR\FM\25FEN1.SGM
25FEN1
10486
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
(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
Preliminary Determination
Enforcement and Compliance, U.S.
The Department preliminarily
Department of Commerce. All
determines that the following weighted- documents must be filed electronically
average dumping margins exist:
using IA ACCESS. An electronically
filed request must be received
Weighted- successfully in its entirety by IA
average
ACCESS, by 5:00 p.m. Eastern Standard
Exporter/manufacturer
dumping
Time, within 30 days after the date of
margin
publication of this notice.8 Requests
(percent)
should contain the party’s name,
Borusan Mannesmann Boru
address, and telephone number, the
Sanayi ve Ticaret and
number of participants, and a list of the
Borusan Istikbal Ticaret (colissues to be discussed. If a request for
lectively Borusan) ....................
0.00
a hearing is made, the Department
Cayirova Boru Sanayi ve Ticaret
¸
intends to hold the hearing at the U.S.
¨
A.S. and Yucel Boru Ithalat¸
Department of Commerce, 14th Street
Ihracat ve Pazarlama A.S.
¸
¨
(collectively Yucel) ..................
4.87 and Constitution Avenue NW.,
All Others ....................................
4.87 Washington, DC 20230, at a time and
date to be determined. Parties should
Section 735(c)(5)(A) of the Act
confirm by telephone the date, time, and
provides that the estimated ‘‘all others’’
location of the hearing two days before
rate shall be an amount equal to the
the scheduled date.
weighted average of the estimated
Suspension of Liquidation
weighted-average dumping margins
In accordance with section 733(d)(2)
established for exporters and producers
individually investigated, excluding any of the Act, we are directing U.S.
Customs and Border Protection (CBP) to
zero or de minimis margins, and any
suspend liquidation of all entries of
margins determined entirely under
section 776 of the Act. The ‘‘All Others’’ OCTG from Turkey as described in the
rate is based on the weighted-average
scope of the investigation section
¨
dumping margin calculated for Yucel,
entered, or withdrawn from warehouse,
the only mandatory respondent for
for consumption on or after the date of
which the Department calculated a rate
publication of this notice in the Federal
that was not zero or de minimis.6
Register except for those produced and
exported by Borusan. Because the
Disclosure and Public Comment
estimated weighted-average dumping
We will disclose the calculations
margin for Borusan is zero, we are not
performed to parties in this proceeding
directing CBP to suspend liquidation of
within five days of the date of
entries of the merchandise it produced
publication of this notice in accordance and exported.
with 19 CFR 351.224(b).
We will instruct CBP to require a cash
Case briefs or other written comments deposit equal to the weighted-average
may be submitted to the Assistant
amount by which the normal value
Secretary for Enforcement and
exceeds U.S. price, as indicated in the
Compliance no later than seven days
chart above.9 The suspension of
after the date on which the final
liquidation instructions will remain in
verification report is issued in this
effect until further notice.
proceeding and rebuttal briefs, limited
Postponement of Final Determination
to issues raised in case briefs, may be
and Extension of Provisional Measures
submitted no later than five days after
the deadline date for case briefs.7
Pursuant to requests from Borusan
Pursuant to 19 CFR 351.309(c)(2) and
¨
and Yucel in this investigation, we are
emcdonald on DSK67QTVN1PROD with NOTICES
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of the
merchandise under consideration.5 We
preliminarily determine that critical
circumstances do not exist for imports
of OCTG from Turkey. For a full
description of the methodology and
results of our analysis, see the
Preliminary Decision Memorandum.
5 See Letter from the petitioners, ‘‘Amendment to
Petition for the Imposition of Antidumping Duties:
Oil Country Tubular Goods from Turkey’’ dated
December 18, 2013.
6 See section 735(c)(5)(A) of the Act.
7 See 19 CFR 351.309.
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
8 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).
9 See
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
postponing the final determination.
Accordingly, we will issue our final
determination no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2)(A) of the Act.10
¨
Further, Borusan and Yucel 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 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 of
OCTG from Turkey before the later of
120 days after the date of this
preliminary determination or 45 days
after our final determination. Because
we are postponing the deadline for our
final determination to 135 days from the
date of publication of this preliminary
determination, as discussed above, the
ITC will make its final determination no
later than 45 days after our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Postponement of Final Determination and
Extension of Provisional Measures
2. Scope of the Investigation
3. Scope Comments
4. Selection of Respondents
5. Affiliation and Single Entity
a. Affiliation Findings: BMB and Istikbal
b. Affiliation Findings: Cayirova and YIIP
¸
c. Single Entity Analysis
6. Critical Circumstances
7. Fair Value Comparisons
8. Product Comparisons
9. Date of Sale
10. U.S. Price
11. Duty Drawback
12. Normal Value
10 See
E:\FR\FM\25FEN1.SGM
also 19 CFR 351.210(b)(2)(ii) and (e).
25FEN1
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
Frm 00022
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
25FEN1
]]>Agencies
[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10484-10487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04108]
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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
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that certain oil country tubular goods from the Republic of
the Turkey (Turkey) are being sold, or are likely to
[[Page 10485]]
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 listed in the ``Preliminary Determination'' section of this notice.
Interested parties are invited to comment on this preliminary
determination.
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Catherine Cartsos, 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-
1757.
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.
Excluded from the scope of the investigation are: Casing or tubing
containing 10.5 percent or more by weight of chromium; drill pipe;
unattached couplings; and unattached thread protectors.
The merchandise subject to the investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the investigation may also enter under
the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Scope Comments
On August 12, 2013, WSP Pipe Co., Ltd. (the sole mandatory
respondent in the concurrent antidumping duty investigation involving
OCTG from Thailand) submitted scope comments to the Department
regarding ``pierced billets'' and asked that the Department determine
that such merchandise was outside of the scope of this and other OCTG
investigations. The petitioners \1\ filed rebuttal comments on August
22, 2013. We have not made any modifications to the scope of the
investigations. For more information, see the Preliminary Decision
Memorandum.\2\
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\1\ Boomerang Tube, Energex Tube, a division of JMC Steel Group,
Maverick Tube Corporation, Northwest Pipe Company, Tejas Tubular
Products, TMK IPSCO, United States Steel Corporation, Vallourec
Star, L.P., and Welded Tube USA Inc. (collectively, the
petitioners).
\2\ See the ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Certain Oil
Country Tubular Goods From the Republic of Turkey'', from Christian
Marsh, Deputy Assistant Secretary for Enforcement and Compliance, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
dated concurrently with this determination and hereby adopted by
this notice (Preliminary Decision Memorandum).
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Tolling of Deadlines for Preliminary Determination
As explained in the memorandum from the Assistant Secretary for
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.
---------------------------------------------------------------------------
\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
\4\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, as Amended, 70 FR 24533 (May 10, 2005). Due
to the closure of the Federal Government on February 13, 2014,
Commerce completed these determinations on the next business day
(i.e., February 14, 2014). Id.
---------------------------------------------------------------------------
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. Export prices and constructed export prices
have been calculated in accordance with section 772 of the Act. Normal
value has been calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our conclusions,
see the Preliminary Decision Memorandum. The Preliminary Decision
Memorandum is a public document and is made available to the public via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at https://iaaccess.trade.gov, and is
available to all parties in the Department's Central Records Unit,
located at room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Negative Determination of Critical Circumstances
On December 18, 2013, the petitioners filed a timely critical
circumstances allegation, pursuant to section 733(e)(1)
[[Page 10486]]
of the Act and 19 CFR 351.206(c)(1), alleging that critical
circumstances exist with respect to imports of the merchandise under
consideration.\5\ We preliminarily determine that critical
circumstances do not exist for imports of OCTG from Turkey. For a full
description of the methodology and results of our analysis, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Letter from the petitioners, ``Amendment to Petition for
the Imposition of Antidumping Duties: Oil Country Tubular Goods from
Turkey'' 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/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret and Borusan 0.00
Istikbal Ticaret (collectively Borusan)....................
[Ccedil]ayirova Boru Sanayi ve Ticaret A.[Scedil]. and 4.87
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.[Scedil].
(collectively Y[uuml]cel)..................................
All Others.................................................. 4.87
------------------------------------------------------------------------
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 Y[uuml]cel, the only mandatory respondent
for which the Department calculated a rate that was not zero or de
minimis.\6\
---------------------------------------------------------------------------
\6\ 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.\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.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\8\ 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 Turkey 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 those produced and exported by Borusan.
Because the estimated weighted-average dumping margin for Borusan is
zero, we are not directing CBP to suspend liquidation of entries of the
merchandise it produced and exported.
We will instruct CBP to require a cash deposit equal to the
weighted-average amount by which the normal value exceeds U.S. price,
as indicated in the chart above.\9\ The suspension of liquidation
instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\9\ 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).
---------------------------------------------------------------------------
Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to requests from Borusan and Y[uuml]cel in this
investigation, we are postponing the final determination. Accordingly,
we will issue our final determination no later than 135 days after the
date of publication of this preliminary determination, pursuant to
section 735(a)(2)(A) of the Act.\10\ Further, Borusan and Y[uuml]cel
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.
---------------------------------------------------------------------------
\10\ See also 19 CFR 351.210(b)(2)(ii) and (e).
---------------------------------------------------------------------------
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. 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 OCTG from Turkey before the later of 120 days after the date
of this preliminary determination or 45 days after our final
determination. Because we are postponing the deadline for our final
determination to 135 days from the date of publication of this
preliminary determination, as discussed above, the ITC will make its
final determination no later than 45 days after our final
determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Postponement of Final Determination and Extension of Provisional
Measures
2. Scope of the Investigation
3. Scope Comments
4. Selection of Respondents
5. Affiliation and Single Entity
a. Affiliation Findings: BMB and Istikbal
b. Affiliation Findings: [Ccedil]ayirova and YIIP
c. Single Entity Analysis
6. Critical Circumstances
7. Fair Value Comparisons
8. Product Comparisons
9. Date of Sale
10. U.S. Price
11. Duty Drawback
12. Normal Value
[[Page 10487]]
a. Home Market Viability and Comparison-Market 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
