Certain Oil Country Tubular Goods From the Republic of Korea: Negative Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances and Postponement of Final Determination, 10480-10482 [2014-04110]
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10480
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
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
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
VerDate Mar<15>2010
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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. Initiation
2. Postponement of Preliminary
Determination
3. Postponement of Final Determination and
Extension of Provisional Measures
4. Scope of Investigation
a. Scope Comments
5. Non-Market Economy Country
6. Surrogate Country
a. Economic Comparability
b. Significant Producer of Identical or
Comparable Merchandise
c. Data Availability
7. Surrogate Value Comments
8. Separate Rates
9. Vietnam-Wide Entity
10. Date of Sale
11. Discussion of Methodology
a. Fair Value Comparisons
b. Export Price
c. Normal Value
d. Factor Values
e. Application of Adverse Facts Available
f. Rate for the Vietnam-Wide Entity
g. Corroboration
h. Determination of Comparison Method
i. Results of Differential Pricing Analysis
12. Currency Conversion
13. Critical Circumstances
14. Verification
[FR Doc. 2014–04036 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea: Negative
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 the Republic of Korea is
not being, or is not 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 are shown in the
‘‘Preliminary Determination’’ section of
this notice. The Department
preliminarily found that critical
AGENCY:
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
circumstances do not exist. Finally, in
response to a request from petitioners,
we are postponing the final
determination. The final determination
will be issued 135 days after the
publication of this preliminary
determination in the Federal Register.
We invite interested parties to comment
on the preliminary determination.
DATES: Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Deborah Scott, 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) 482–5075 or (202) 482–
2657, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 2, 2013, the Department
received an antidumping duty (AD)
petition 1 concerning imports of OCTG
from Korea filed in proper form on
behalf of the petitioners.2 On July 22,
2013, the Department initiated a LTFV
investigation of OCTG from Korea.3 On
December 18, 2013, petitioners filed a
timely critical circumstances allegation.
In accordance with 19 CFR
351.206(c)(2)(i), when a critical
circumstances allegation is submitted 20
days or more before the scheduled date
of the preliminary determination, the
Department will issue a preliminary
finding not later than the preliminary
determination.4
1 See Petitions for the Imposition of Antidumping
and Countervailing Duties: 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, dated July
2, 2013.
2 United States Steel Corporation, Vallourec Star
L.P., TMK IPSCO, Energex (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 Certain Oil Country Tubular Goods from
India, the Republic of Korea, the Republic of the
Philippines, Saudi Arabia, Taiwan, Thailand, the
Republic of Turkey, Ukraine, and the Socialist
Republic of Vietnam: Initiation of Antidumping
Duty Investigations, 78 FR 45505 (July 29, 2013)
(Initiation Notice).
4 Petitioners also alleged critical circumstances
exist with respect to imports of merchandise in the
companion CVD investigations. In accordance with
19 CFR 351.206(c)(2)(ii), the Department issued
preliminary critical circumstances findings in those
investigations on January 17, 2014. On December
31, 2013, the Department requested that
respondents report their shipment data for a threeyear period ending in February 2014, the month of
the preliminary AD determinations, requesting
Quantity and Value (Q&V) data from April 2010 to
February 2014. On January 7, 2014 and January 17,
2014, HYSCO and NEXTEEL submitted its
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Scope of the Investigation
The merchandise covered by the
investigation is certain oil country
tubular goods (OCTG), which are hollow
steel products of circular cross-section,
including oil well casing and tubing, of
iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or
welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or
threaded and coupled) whether or not
conforming to American Petroleum
Institute (API) or non-API
specifications, whether finished
(including limited service OCTG
products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
protectors are attached. The scope of the
investigation also covers OCTG
coupling stock. For a complete
description of the scope of the
investigation, see Appendix I to this
notice.
Tolling of Deadlines for Preliminary
Determination
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.5
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.6 The
revised deadline for the preliminary
determination of this investigation is
now February 14, 2014.7
emcdonald on DSK67QTVN1PROD with NOTICES
Methodology
The Department has conducted this
investigation in accordance with section
731 of the Act. Export price (EP) and
constructed export price (CEP) have
been calculated in accordance with
section 772 of the Act. Normal value
requested monthly Q&V shipment data for the
months, April 2010 through December 2013,
respectively.
5 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.
6 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).
7 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).
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
(NV) has been calculated in accordance
with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the ‘‘Decision
Memorandum for the Preliminary
Determination in the Antidumping Duty
Investigation of Certain Oil Country
Tubular Goods from the Republic of
Korea,’’ from Gary Taverman, Senior
Advisor for Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance, dated
concurrently with this determination
and hereby adopted by this notice
(Preliminary Decision Memorandum). A
list of the topics included in the
Preliminary Decision Memorandum is
included as Attachment II to this notice.
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.
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 Korea. 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:
Exporter or producer
Weightedaverage
dumping
margin
(percent)
Exporter or producer
NEXTEEL Co., Ltd .....................
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
0.00
0.00
Consistent with section 733(d)(1)(A)
of the Act, the Department has not
calculated a weighted-average dumping
margin for all other producers or
exporters because it has not made an
affirmative preliminary determination of
sales at less than fair value.
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.
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.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.
8 See
Hyundai HYSCO .........................
Weightedaverage
dumping
margin
(percent)
9 See
E:\FR\FM\25FEN1.SGM
19 CFR 351.309.
19 CFR 351.310(c).
25FEN1
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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
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Agencies
[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10480-10482]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04110]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Negative 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 the
Republic of Korea is not being, or is not 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 are shown in the
``Preliminary Determination'' section of this notice. The Department
preliminarily found that critical circumstances do not exist. Finally,
in response to a request from petitioners, we are postponing the final
determination. The final determination will be issued 135 days after
the publication of this preliminary determination in the Federal
Register. We invite interested parties to comment on the preliminary
determination.
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or Deborah Scott, 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-
5075 or (202) 482-2657, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 2, 2013, the Department received an antidumping duty (AD)
petition \1\ concerning imports of OCTG from Korea filed in proper form
on behalf of the petitioners.\2\ On July 22, 2013, the Department
initiated a LTFV investigation of OCTG from Korea.\3\ On December 18,
2013, petitioners filed a timely critical circumstances allegation. In
accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances
allegation is submitted 20 days or more before the scheduled date of
the preliminary determination, the Department will issue a preliminary
finding not later than the preliminary determination.\4\
---------------------------------------------------------------------------
\1\ See Petitions for the Imposition of Antidumping and
Countervailing Duties: 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, dated July 2, 2013.
\2\ United States Steel Corporation, Vallourec Star L.P., TMK
IPSCO, Energex (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 Certain Oil Country Tubular Goods from India, the
Republic of Korea, the Republic of the Philippines, Saudi Arabia,
Taiwan, Thailand, the Republic of Turkey, Ukraine, and the Socialist
Republic of Vietnam: Initiation of Antidumping Duty Investigations,
78 FR 45505 (July 29, 2013) (Initiation Notice).
\4\ Petitioners also alleged critical circumstances exist with
respect to imports of merchandise in the companion CVD
investigations. In accordance with 19 CFR 351.206(c)(2)(ii), the
Department issued preliminary critical circumstances findings in
those investigations on January 17, 2014. On December 31, 2013, the
Department requested that respondents report their shipment data for
a three-year period ending in February 2014, the month of the
preliminary AD determinations, requesting Quantity and Value (Q&V)
data from April 2010 to February 2014. On January 7, 2014 and
January 17, 2014, HYSCO and NEXTEEL submitted its requested monthly
Q&V shipment data for the months, April 2010 through December 2013,
respectively.
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[[Page 10481]]
Scope of the Investigation
The merchandise covered by the investigation is certain oil country
tubular goods (OCTG), which are hollow steel products of circular
cross-section, including oil well casing and tubing, of iron (other
than cast iron) or steel (both carbon and alloy), whether seamless or
welded, regardless of end finish (e.g., whether or not plain end,
threaded, or threaded and coupled) whether or not conforming to
American Petroleum Institute (API) or non-API specifications, whether
finished (including limited service OCTG products) or unfinished
(including green tubes and limited service OCTG products), whether or
not thread protectors are attached. The scope of the investigation also
covers OCTG coupling stock. For a complete description of the scope of
the investigation, see Appendix I to this notice.
Tolling of Deadlines for Preliminary Determination
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\5\ 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.\6\ The revised deadline for the preliminary determination
of this investigation is now February 14, 2014.\7\
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\5\ 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.
\6\ 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).
\7\ 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).
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Methodology
The Department has conducted this investigation in accordance with
section 731 of the Act. Export price (EP) and constructed export price
(CEP) have been calculated in accordance with section 772 of the Act.
Normal value (NV) has been calculated in accordance with section 773 of
the Act.
For a full description of the methodology underlying our
conclusions, see the ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Certain Oil
Country Tubular Goods from the Republic of Korea,'' from Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated
concurrently with this determination and hereby adopted by this notice
(Preliminary Decision Memorandum). A list of the topics included in the
Preliminary Decision Memorandum is included as Attachment II to this
notice. 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. 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 Korea. 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
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai HYSCO............................................... 0.00
NEXTEEL Co., Ltd............................................ 0.00
------------------------------------------------------------------------
Consistent with section 733(d)(1)(A) of the Act, the Department has
not calculated a weighted-average dumping margin for all other
producers or exporters because it has not made an affirmative
preliminary determination of sales at less than fair value.
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 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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[[Page 10482]]
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\
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\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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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.
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