Certain Oil Country Tubular Goods From the People's Republic of China: Partial Rescission and Preliminary Results of Countervailing Duty Administrative Review; 2012, 10475-10477 [2014-04119]
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
cash deposit rate will remain unchanged
from the rate assigned to TMI/TMM in
the most recently completed review of
the company; (2) for previously
investigated or reviewed PRC and nonPRC exporters who are not under review
in this segment of the proceeding but
who have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 141.49 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporter(s) that supplied that nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
country tubular goods (OCTG) from the
People’s Republic of China (PRC). The
period of review (POR) is January 1,
2012, through December 31, 2012. We
preliminarily determine that Wuxi
Seamless Oil Pipe Co., Ltd. (Wuxi) and
Jiangsu Chengde Steel Tube Share Co.,
Ltd. (Jiangsu Chengde) received
countervailable subsidies during the
POR. We invite interested parties to
comment on these preliminary results.
DATES: Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT:
Christopher Siepmann, Joseph Shuler,
or Sergio Balbontin, 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) 482–7958, (202) 482–
1293, (202) 482–6478, respectively.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement off
antidumping duties prior to liquidation
of the relevant entries during this
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Scope of the Order
The scope of the order consists of
OCTG.1 The merchandise subject to the
order 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,
Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–04122 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–944]
emcdonald on DSK67QTVN1PROD with NOTICES
Certain Oil Country Tubular Goods
From the People’s Republic of China:
Partial Rescission and Preliminary
Results of Countervailing Duty
Administrative Review; 2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty order on certain oil
AGENCY:
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
1 On 02/07/2014, the Department issued a final
scope determination that seamless unfinished
OCTG that are produced in the PRC and further
processed into certain grades of finished OCTG by
particular finishing processes (indicated below) are
within the scopes of the antidumping and
countervailing duty orders on OCTG from the PRC,
regardless of the country in which the further
processing occurs. Because the imported finished
products do not undergo any significant physical
and chemical changes from, and are of the same
class or kind of merchandise as seamless unfinished
OCTG produced in the PRC, the Department found
these products to be within the scope of the order.
Specifically, the Department found seamless
unfinished OCTG manufactured in the PRC and
finished in countries other than the United States
and the PRC (i.e., third countries) are within the
scope of the order where (a) the finishing consists
of heat treatment by quenching and tempering,
upsetting and threading (with integral joint), or
threading and coupling; and (b) the products are
made to the following specifications and grades:
API specification 5CT, grades P–110, T–95 and Q–
125.
PO 00000
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Fmt 4703
Sfmt 4703
10475
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 OCTG coupling stock covered by
the order 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, and 7304.59.80.80.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description,
available in Certain Oil Country Tubular
Goods From the People’s Republic of
China: Amended Final Affirmative
Countervailing Duty Determination and
Countervailing Duty Order, 75 FR 3203
(January 20, 2010), remains dispositive.
A full description of the scope of the
order is contained in the memorandum
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance,
‘‘Decision Memorandum for Preliminary
Results of Countervailing Duty
Administrative Review: Certain Oil
Country Tubular Goods from the
People’s Republic of China,’’ dated
concurrently with this notice
(Preliminary Decision Memorandum),
which is hereby adopted by this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically 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 in
the Central Records Unit, room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
enforcement/. The signed Preliminary
Decision Memorandum and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
E:\FR\FM\25FEN1.SGM
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
Partial Rescission of the 2012
Administrative Review
On May 29, 2013, United States Steel
Corporation timely withdrew its request
for the 2012 administrative review with
respect to all companies except Wuxi
and Jiangsu Chengde.2 This withdrawal
affects over 525 PRC producers/
exporters of the subject merchandise
covered in the Initiation Notice.3 In
accordance with 19 CFR 351.213(d)(1),4
and consistent with our practice,5 we
are rescinding this review in its entirety
with the exception of Wuxi and Jiangsu
Chengde.
emcdonald on DSK67QTVN1PROD with NOTICES
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
government-provided financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
In making these findings, we relied, in
part, on facts available and, because one
or more respondents did not act to the
best of their ability to respond to the
Department’s requests for information,
we have drawn an adverse inference in
selecting from among the facts
otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Finally, the Department was not able
to make a preliminary determination of
2 See letter from Petitioner, ‘‘Certain Oil Country
Tubular Goods from the People’s Republic of China:
Partial Withdrawal of Request for Administrative
Review’’ dated May 29, 2013.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 13631
(February 28, 2013) (Initiation Notice).
4 In accordance with 19 CFR 351.213(d)(1), the
Department will rescind an administrative review
‘‘if a party that requested the review withdraws the
request within 90 days of the date of publication of
notice of initiation of the requested review.’’ The
instant review was initiated on February 28, 2013.
Therefore, the deadline to withdraw review
requests was May 29, 2013. Thus, Petitioners’
withdrawal request is timely.
5 See, e.g., Brass Sheet and Strip from Germany:
Notice of Rescission of Antidumping Duty
Administrative Review, 73 FR 49170 (August 20,
2008); see also Certain Lined Paper Products from
India: Notice of Partial Rescission of Antidumping
Duty Administrative Review and Extension of Time
Limit for the Preliminary Results of Antidumping
Duty Administrative Review, 74 FR 21781 (May 11,
2009).
6 See sections 771(5)(B)and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and, section 771(5A)
of the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
countervailability for certain programs
because it requires additional
information.8 We intend to seek that
information prior to our final results,
and issue a post-preliminary
determination with the Department’s
findings with regard to those programs.
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum.
Preliminary Results of the Review
In accordance with 19 CFR
351.221(b)(4)(i), we calculated
individual subsidy rates for Wuxi and
Jiangsu Chengde for the period January
1, 2012, through December 31, 2012.
We preliminarily find the net subsidy
rates for the producers/exporters under
review to be as follows:
Producer/exporter
Wuxi Seamless Oil Pipe Co.,
Ltd.; Bazhou Seamless Oil
Pipes Co. Ltd.; Liaoyang
Seamless Oil Pipes Co. Ltd.;
Mengfeng Special Steel Co.
Ltd.; Songyuan Seamless Oil
Pipes Co. Ltd ..........................
Jiangsu Chengde Steel Tube
Share Co., Ltd .........................
Net
subsidy
rate
(percent)
31.78
1.49
Disclosure and Public Comment
The Department will disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days of
the date of publication of these
preliminary results.9 Due to the
anticipated timing of the release of postpreliminary analysis memoranda,
interested parties may submit written
comments (case briefs) for this
administrative review no later than one
week after the issuance of the last postpreliminary analysis memorandum, and
rebuttal comments (rebuttal briefs)
within five days after the time limit for
filing case briefs.10 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
8 See Preliminary Decision Memorandum at
‘‘Analysis of Programs—II. Programs For Which
More Information is Required.’’
9 See 19 CFR 351.224(b).
10 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Enforcement and Compliance, U.S.
Department of Commerce 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, we will
inform parties of the scheduled date for
the hearing which will be held at the
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW,
Washington, DC 20230, at a time and
location to be determined.12 Parties
should confirm by telephone the date,
time, and location of the hearing.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using IA ACCESS and
that electronically filed documents must
be received successfully in their entirety
by 5 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, the Department will issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
issuance of these preliminary results.
Assessment Rates
For the rescinded companies,
countervailing duties shall be assessed
at rates equal to the cash deposit of
estimated countervailing duties required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2012, through
December 31, 2012, in accordance with
19 CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to U.S. Customs
and Border Protection (CBP) 15 days
after publication of this notice.
For Wuxi and Jiangsu Chengde,
consistent with section 751(a)(1) of the
Act, upon issuance of the final results,
the Department shall determine, and
CBP shall assess, countervailing duties
on all appropriate entries covered by
this review. We intend to issue
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
If the final results of this review are
the same as these preliminary results,
the Department also intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown above for Wuxi and
Jiangsu Chengde. For all non-reviewed
firms, we will instruct CBP to continue
to collect cash deposits of estimated
11 See
12 See
E:\FR\FM\25FEN1.SGM
19 CFR 351.310(c).
19 CFR 351.310.
25FEN1
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: February 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum:
1. Scope of the Order
2. Use of Facts Otherwise Available and
Adverse Inferences
3. Subsidies Valuation Information
4. Analysis of Programs
[FR Doc. 2014–04119 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–921]
Lightweight Thermal Paper From the
People’s Republic of China: Final
Results of the Expedited First Sunset
Review of the Countervailing Duty
Order
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Effective Date: February 25,
2014.
The Department of Commerce
(Department) finds that revocation of
the countervailing duty (CVD) order on
lightweight thermal paper (thermal
paper) from the People’s Republic of
China (the PRC) would be likely to lead
to continuation or recurrence of
countervailable subsidies.
SUMMARY:
emcdonald on DSK67QTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Joshua Morris or Nancy Decker, 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) 482–1779 or (202) 482–
0196, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2013, the Department
initiated the first sunset review of the
VerDate Mar<15>2010
17:58 Feb 24, 2014
Jkt 232001
CVD Order 1 on thermal paper from the
PRC pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2
On October 28, 2013, the Department
received a notice of intent to participate
from the petitioner in the investigation,
Appvion, Inc.3 (hereinafter, Petitioner),
within the deadline specified in 19 CFR
351.218(d)(1)(i).4 On November 18,
2013, the Department received an
adequate substantive response from
Petitioner within the 30-day deadline
specified in 19 CFR 351.218(d)(3).5
The Department did not receive any
submissions from other interested
parties. As a result, pursuant to 19 CFR
351.218(e)(1)(ii)(B)–(C), the Department
is conducting an expedited (120-day)
sunset review of the CVD Order.
Scope of the Order
This order covers certain lightweight
thermal paper. A full description of the
scope of the order is contained in the
Issues and Decision Memorandum,6
which is hereby adopted by this notice.
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
1 See Lightweight Thermal Paper from the
People’s Republic of China: Notice of Amended
Final Affirmative Countervailing Duty
Determination and Notice of Countervailing Duty
Order, 73 FR 70958 (November 24, 2008) (CVD
Order).
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 78
FR 60253 (October 1, 2013).
3 Appvion, Inc. was formerly known as Appleton
Papers Inc.
4 The deadline for domestic interested party
notification of intent to participate would have been
October 16, 2013 (15 days after the date of
publication of the initiation notice). However, 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. 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)
(Tolling Memorandum). Therefore, the revised
deadline for notification of intent to participate was
November 1, 2013.
5 The deadline substantive responses would have
been October 31, 2013. However, due to the tolling
of deadlines resulting from the closure of the
Federal Government, the revised deadline for
substantive responses was November 16, 2013. See
Tolling Memorandum. Because that day fell on a
Saturday, the new deadline was November 18,
2013. See Notice of Clarification: Application of
‘‘Next Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
6 See ‘‘Issues and Decision Memorandum for the
Final Results of the Expedited Sunset Review of the
Countervailing Duty Order on Lightweight Thermal
Paper from the People’s Republic of China’’ from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated concurrently
with this notice (Issues and Decision
Memorandum).
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Fmt 4703
Sfmt 4703
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 in
the Central Records Unit, room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://www.trade.gov/
enforcement/. The signed Issues and
Decision Memorandum and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Analysis of Comments Received
All issues raised in this review are
addressed in the Issues and Decision
Memorandum. The issues include the
likelihood of continuation or recurrence
of a countervailable subsidy and the net
countervailable subsidy likely to prevail
if the order were revoked.
Final Results of Review
Pursuant to sections 752(b)(1) and (3)
of the Act, we determine that revocation
of the CVD Order would be likely to
lead to continuation or recurrence of
countervailable subsidies at the
following net countervailable subsidy
rates:
Manufacturers/Producers/Exporters
Guangdong Guanhao High-Tech
Co., Ltd ...................................
Shenzhen Yuanming Industrial
Development Co., Ltd .............
MDCN Technology Co., Ltd .......
Xiamen Anne Paper Co., Ltd .....
All Others ....................................
Net subsidy rate
(percent)
13.63
138.53
124.93
124.93
13.63
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing the
final results and notice in accordance
with sections 751(c), 752(b), and
777(i)(1) of the Act.
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]]>Agencies
[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10475-10477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04119]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-944]
Certain Oil Country Tubular Goods From the People's Republic of
China: Partial Rescission and Preliminary Results of Countervailing
Duty Administrative Review; 2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty order on certain oil
country tubular goods (OCTG) from the People's Republic of China (PRC).
The period of review (POR) is January 1, 2012, through December 31,
2012. We preliminarily determine that Wuxi Seamless Oil Pipe Co., Ltd.
(Wuxi) and Jiangsu Chengde Steel Tube Share Co., Ltd. (Jiangsu Chengde)
received countervailable subsidies during the POR. We invite interested
parties to comment on these preliminary results.
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Christopher Siepmann, Joseph Shuler,
or Sergio Balbontin, 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) 482-7958, (202) 482-1293, (202) 482-6478,
respectively.
Scope of the Order
The scope of the order consists of OCTG.\1\ The merchandise subject
to the order 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.
---------------------------------------------------------------------------
\1\ On 02/07/2014, the Department issued a final scope
determination that seamless unfinished OCTG that are produced in the
PRC and further processed into certain grades of finished OCTG by
particular finishing processes (indicated below) are within the
scopes of the antidumping and countervailing duty orders on OCTG
from the PRC, regardless of the country in which the further
processing occurs. Because the imported finished products do not
undergo any significant physical and chemical changes from, and are
of the same class or kind of merchandise as seamless unfinished OCTG
produced in the PRC, the Department found these products to be
within the scope of the order. Specifically, the Department found
seamless unfinished OCTG manufactured in the PRC and finished in
countries other than the United States and the PRC (i.e., third
countries) are within the scope of the order where (a) the finishing
consists of heat treatment by quenching and tempering, upsetting and
threading (with integral joint), or threading and coupling; and (b)
the products are made to the following specifications and grades:
API specification 5CT, grades P-110, T-95 and Q-125.
---------------------------------------------------------------------------
The OCTG coupling stock covered by the order 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, and 7304.59.80.80.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description, available in Certain Oil
Country Tubular Goods From the People's Republic of China: Amended
Final Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 75 FR 3203 (January 20, 2010), remains dispositive.
A full description of the scope of the order is contained in the
memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of Countervailing Duty
Administrative Review: Certain Oil Country Tubular Goods from the
People's Republic of China,'' dated concurrently with this notice
(Preliminary Decision Memorandum), which is hereby adopted by this
notice.
The Preliminary Decision Memorandum is a public document and is on
file electronically 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 in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
[[Page 10476]]
Partial Rescission of the 2012 Administrative Review
On May 29, 2013, United States Steel Corporation timely withdrew
its request for the 2012 administrative review with respect to all
companies except Wuxi and Jiangsu Chengde.\2\ This withdrawal affects
over 525 PRC producers/exporters of the subject merchandise covered in
the Initiation Notice.\3\ In accordance with 19 CFR 351.213(d)(1),\4\
and consistent with our practice,\5\ we are rescinding this review in
its entirety with the exception of Wuxi and Jiangsu Chengde.
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\2\ See letter from Petitioner, ``Certain Oil Country Tubular
Goods from the People's Republic of China: Partial Withdrawal of
Request for Administrative Review'' dated May 29, 2013.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
13631 (February 28, 2013) (Initiation Notice).
\4\ In accordance with 19 CFR 351.213(d)(1), the Department will
rescind an administrative review ``if a party that requested the
review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review.'' The
instant review was initiated on February 28, 2013. Therefore, the
deadline to withdraw review requests was May 29, 2013. Thus,
Petitioners' withdrawal request is timely.
\5\ See, e.g., Brass Sheet and Strip from Germany: Notice of
Rescission of Antidumping Duty Administrative Review, 73 FR 49170
(August 20, 2008); see also Certain Lined Paper Products from India:
Notice of Partial Rescission of Antidumping Duty Administrative
Review and Extension of Time Limit for the Preliminary Results of
Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009).
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\6\
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\6\ See sections 771(5)(B)and (D) of the Act regarding financial
contribution; section 771(5)(E) of the Act regarding benefit; and,
section 771(5A) of the Act regarding specificity.
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In making these findings, we relied, in part, on facts available
and, because one or more respondents did not act to the best of their
ability to respond to the Department's requests for information, we
have drawn an adverse inference in selecting from among the facts
otherwise available.\7\ For further information, see ``Use of Facts
Otherwise Available and Adverse Inferences'' in the Preliminary
Decision Memorandum.
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\7\ See sections 776(a) and (b) of the Act.
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Finally, the Department was not able to make a preliminary
determination of countervailability for certain programs because it
requires additional information.\8\ We intend to seek that information
prior to our final results, and issue a post-preliminary determination
with the Department's findings with regard to those programs.
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum at ``Analysis of
Programs--II. Programs For Which More Information is Required.''
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For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated
individual subsidy rates for Wuxi and Jiangsu Chengde for the period
January 1, 2012, through December 31, 2012.
We preliminarily find the net subsidy rates for the producers/
exporters under review to be as follows:
------------------------------------------------------------------------
Net
subsidy
Producer/exporter rate
(percent)
------------------------------------------------------------------------
Wuxi Seamless Oil Pipe Co., Ltd.; Bazhou Seamless Oil Pipes 31.78
Co. Ltd.; Liaoyang Seamless Oil Pipes Co. Ltd.; Mengfeng
Special Steel Co. Ltd.; Songyuan Seamless Oil Pipes Co. Ltd
Jiangsu Chengde Steel Tube Share Co., Ltd................... 1.49
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\9\ Due to
the anticipated timing of the release of post-preliminary analysis
memoranda, interested parties may submit written comments (case briefs)
for this administrative review no later than one week after the
issuance of the last post-preliminary analysis memorandum, and rebuttal
comments (rebuttal briefs) within five days after the time limit for
filing case briefs.\10\ Pursuant to 19 CFR 351.309(d)(2), rebuttal
briefs must be limited to issues raised in the case briefs. Parties who
submit arguments are requested to submit with the argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------
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
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, we will inform parties
of the scheduled date for the hearing which will be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230, at a time and location to be determined.\12\
Parties should confirm by telephone the date, time, and location of the
hearing.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using IA ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
issuance of these preliminary results.
Assessment Rates
For the rescinded companies, countervailing duties shall be
assessed at rates equal to the cash deposit of estimated countervailing
duties required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2012, through December 31,
2012, in accordance with 19 CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment instructions directly to U.S.
Customs and Border Protection (CBP) 15 days after publication of this
notice.
For Wuxi and Jiangsu Chengde, consistent with section 751(a)(1) of
the Act, upon issuance of the final results, the Department shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend to issue
instructions to CBP 15 days after publication of the final results of
this review.
Cash Deposit Requirements
If the final results of this review are the same as these
preliminary results, the Department also intends to instruct CBP to
collect cash deposits of estimated countervailing duties in the amounts
shown above for Wuxi and Jiangsu Chengde. For all non-reviewed firms,
we will instruct CBP to continue to collect cash deposits of estimated
[[Page 10477]]
countervailing duties at the most recent company-specific or all-others
rate applicable to the company. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: February 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Scope of the Order
2. Use of Facts Otherwise Available and Adverse Inferences
3. Subsidies Valuation Information
4. Analysis of Programs
[FR Doc. 2014-04119 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P
