Certain Oil Country Tubular Goods From Taiwan: Amended Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 18667-18669 [2014-07485]
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Federal Register / Vol. 79, No. 64 / Thursday, April 3, 2014 / Notices
FOR FURTHER INFORMATION CONTACT:
Steven Hampton, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202–
482–0116.
SUPPLEMENTARY INFORMATION:
pmangrum on DSK3VPTVN1PROD with NOTICES
Background
The AD order on fish fillets from
Vietnam was published in the Federal
Register on August 12, 2003.1 On
February 28, 2014, pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930,
as amended (‘‘the Act’’), and 19 CFR
351.214, the Department received NSR
requests from Nam Phuong Seafood Co.,
Ltd. and NTACO Corporation (together,
‘‘the requesting companies’’).2 The
requesting companies certified that they
are the producers and exporters of the
subject merchandise upon which the
requests are based.3
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and 19 CFR 351.214(b)(2)(i), the
requesting companies certified that they
did not export subject merchandise to
the United States during the period of
investigation (‘‘POI’’).4 In addition,
pursuant to section 751(a)(2)(B)(i)(II) of
the Act and 19 CFR 351.214(b)(2)(iii)(A),
the requesting companies certified that,
since the initiation of the investigation,
they have never been affiliated with any
Vietnamese exporter or producer who
exported subject merchandise to the
United States during the POI, including
those respondents not individually
examined during the investigation.5 As
required by 19 CFR 351.214(b)(2)(iii)(B),
the requesting companies also certified
that their export activities were not
controlled by the central government of
Vietnam.6
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), the requesting
companies submitted documentation
establishing the following: (1) The date
on which they first shipped subject
merchandise for export to the United
1 See Notice of Antidumping Duty Order: Certain
Frozen Fish Fillets From the Socialist Republic of
Vietnam, 68 FR 47909 (August 12, 2003).
2 See Letter from Nam Phuong regarding Request
for Bi-Annual New Shipper Review: Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam:
Review Period 8/1/13–1/31/14, dated February 28,
2014 (‘‘Nam Phuong’s NSR Request) and Letter from
NTACO regarding Request for Bi-Annual New
Shipper Review Certain Frozen Fish Fillets From
the Socialist Republic of Vietnam: Review Period 8/
1/13–1/31/14, dated February 28, 2014 (‘‘NTACO’s
NSR Request’’).
3 See Nam Phuong’s NSR Request at Exhibit 1 and
NTACO’s NSR Request at Exhibit 1.
4 Id.
5 Id.
6 Id.
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15:17 Apr 02, 2014
Jkt 232001
States; (2) the volume of their first
shipment; and (3) the date of their first
sale to an unaffiliated customer in the
United States.7
Finally, the Department conducted a
U.S. Customs and Border Protection
(‘‘CBP’’) database query and confirmed
the price, quantity, date of sale, and date
of entry of the requesting companies’
sales.8
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), and
based on the evidence provided by the
requesting companies, we find that the
requests submitted by the requesting
companies meet the requirements for
initiation of the NSRs for shipments of
fish fillets from Vietnam produced and
exported by the requesting companies.9
The POR is August 1, 2013, through
January 31, 2014.10 Absent a
determination that the case is
extraordinarily complicated, the
Department intends to issue the
preliminary results of these NSRs
within 180 days from the date of
initiation and the final results within
270 days from the date of initiation.11
It is the Department’s usual practice,
in cases involving non-market
economies (‘‘NMEs’’), to require that a
company seeking to establish eligibility
for an antidumping duty rate separate
from the NME entity-wide rate provide
evidence of de jure and de facto absence
of government control over the
company’s export activities.
Accordingly, we will issue
questionnaires to the requesting
companies that will include a section
requesting information with regard to
the requesting companies’ export
activities for separate rate purposes.
Each NSR will proceed if the responses
provide sufficient indication that the
requesting companies are not subject to
either de jure or de facto government
control with respect to their exports of
subject merchandise.
We will instruct CBP to allow, at the
option of the importer, the posting, until
the completion of the review, of a bond
or security in lieu of a cash deposit for
7 See Nam Phuong’s NSR Request at Exhibits 2,
3, and 4; and NTACO’s NSR Request at Exhibits 2,
3, and 4.
8 The Department will place the results of the
completed CBP database query along with Nam
Phuong’s and NTACO’s entry documents on the
record shortly after the publication of this notice.
9 See ‘‘Memorandum to the File, from Scot
Fullerton, Program Manager, ‘‘Certain Frozen Fish
Fillets From the Socialist Republic of Vietnam: New
Shipper Initiation Checklists’’, dated concurrently
with this notice and herein incorporated by
reference.
10 See 19 CFR 351.214(g)(1)(i)(B).
11 See section 751(a)(2)(B)(iv) of the Act.
PO 00000
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Fmt 4703
Sfmt 4703
18667
each entry of the subject merchandise
from the requesting companies in
accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e).
Because the requesting companies
certified that they both produced and
exported the subject merchandise, the
sales of which are the basis for each new
shipper review request, we will instruct
CBP to permit the use of a bond only for
subject merchandise which the
requesting companies both produced
and exported.
Interested parties requiring access to
proprietary information in these NSRs
should submit applications for
disclosure under administrative
protective order, in accordance with 19
CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in
accordance with section 751(a)(2)(B) of
the Act, 19 CFR 351.214, and 19 CFR
351.221(c)(1)(i).
Dated: March 26, 2014.
Gary Taverman,
Senior Advisor for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2014–07486 Filed 4–2–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–850]
Certain Oil Country Tubular Goods
From Taiwan: Amended Preliminary
Negative 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: As a result of the correction
of a significant ministerial error, the
Department of Commerce (the
Department) preliminarily determines
that certain oil country tubular goods
(OCTG) from Taiwan are not being, nor
are likely to be, sold in the United States
at less than fair value, 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. Interested parties are
invited to comment on this amended
preliminary determination.
DATES: Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer or Hermes Pinilla, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
AGENCY:
E:\FR\FM\03APN1.SGM
03APN1
18668
Federal Register / Vol. 79, No. 64 / Thursday, April 3, 2014 / Notices
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0410 or (202) 482–
3477, respectively.
SUPPLEMENTARY INFORMATION:
pmangrum on DSK3VPTVN1PROD with NOTICES
Background
We published the Preliminary
Determination on February 25, 2014.1
On February 24, 2014, Tension Steel
Industries Co., Ltd. (Tension Steel),
alleged that the Department made a
significant ministerial error.
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,
1 See Certain Oil Country Tubular Goods From
Taiwan: Affirmative Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 79 FR 10495 (February 25,
2014) (Preliminary Determination).
VerDate Mar<15>2010
15:17 Apr 02, 2014
Jkt 232001
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.
Significant Ministerial Error
A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ Further, 19 CFR
351.224(e) provides that the Department
‘‘will analyze any comments received
and, if appropriate, correct any
significant ministerial error by
amending the preliminary
determination.’’ A significant
ministerial error is defined as a
ministerial error, the correction of
which, singly or in combination with
other errors, would result in: (1) A
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted-average
dumping margin calculated in the
original (erroneous) preliminary
determination; or (2) a difference
between a weighted-average dumping
margin of zero or de minimis and a
weighted-average dumping margin of
greater than de minimis or vice versa.2
Ministerial Error Allegation
Tension Steel argues that the
Department did not properly convert
rebates and commissions reported for
Canadian sales. Tension Steel asserts
2 See
PO 00000
19 CFR 351.224(g)(1) and (2).
Frm 00006
Fmt 4703
Sfmt 4703
that, although it reported rebates and
commissions incurred on Canadian
sales in U.S. dollars, the Department
treated them as if they were reported in
Taiwanese dollars.
We agree. Moreover, pursuant to 19
CFR 351.224(g)(2), this error is
significant because the correction of the
error results in a difference between a
weighted-average dumping margin of
greater than de minimis and a weightedaverage dumping margin of zero or de
minimis. Therefore, we are correcting
the error alleged by Tension Steel and
amending our preliminary
determination accordingly.
Amended Preliminary Determination
We are amending the preliminary
determination of sales at less than fair
value for OCTG from Taiwan to reflect
the correction of a ministerial error
made in the margin calculations of that
determination. Correcting this error
results in an amended preliminary
determination that sales were made at
not less than fair value. As a result of
the correction of the ministerial error,
the revised weighted-average dumping
margin is as follows:
Exporter/manufacturer
Tension Steel Industries
Co., Ltd .......................
Weighted-average
dumping margin
0.00%
The other respondent selected for
individual examination, Chung Hung
Steel Corp, also received a zero margin
in the Preliminary Determination.
Consistent with section 733(d)(1)(A) of
the Act, in this amended preliminary
determination, the Department has not
calculated a weighted-average dumping
margin for all other producers or
exporters because it has not made an
affirmative amended preliminary
determination of sales at less than fair
value.
Postponement of Final Determination
In the Preliminary Determination, we
postponed the final determination based
on requests from the respondents,
Chung Hung Steel Corp. and Tension
Steel Industries Co., Ltd.3 Because this
amended preliminary determination is
negative, we are basing our
postponement of the final determination
on the request submitted by Maverick
Tube Corporation, a petitioner in this
investigation. Pursuant to section
735(a)(2)(B) of the Act and 19 CFR
351.210(b)(2)(i), on February 11, 2014,
Maverick Tube Corporation requested
that in the event of a negative
preliminary determination in this
3 See
E:\FR\FM\03APN1.SGM
Preliminary Determination, 79 FR at 10497.
03APN1
Federal Register / Vol. 79, No. 64 / Thursday, April 3, 2014 / Notices
investigation, the Department postpone
its final determination until not later
than 135 days after the date of the
publication of the preliminary
determination in the Federal Register.
In accordance with 19 CFR
351.210(b)(2)(i), because our amended
preliminary determination is negative
and no compelling reasons for denial
exist, we are granting this petitioner’s
request and are continuing to postpone
the final determination until not later
than 135 days after the publication of
the Department’s original preliminary
determination notice in the Federal
Register on February 25, 2014.
Suspension of Liquidation
We will instruct the U.S. Customs and
Border Protection to terminate the
suspension of liquidation of all entries
of OCTG from Taiwan and release any
cash deposits posted. These instructions
will remain in effect until further notice.
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we notified the International
Trade Commission (ITC) of our
amended preliminary determination. If
our final determination is affirmative,
the ITC will 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, or sales (or the likelihood of
sales) for importation, of the
merchandise under investigation,
within 45 days of our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: March 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–07485 Filed 4–2–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
pmangrum on DSK3VPTVN1PROD with NOTICES
RIN 0648–XD213
Marine Mammals; File No. 18694
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
VerDate Mar<15>2010
15:17 Apr 02, 2014
Jkt 232001
Notice is hereby given that
Mervi Kunnasranta, Ph.D., University of
Eastern Finland, University of Eastern
Finland, P.O. Box 111, 80101 Joensuu
Finland, has applied in due form for a
permit to conduct commercial/
educational photography on harbor
seals (Phoca vitulina).
DATES: Written, telefaxed, or email
comments must be received on or before
May 5, 2014.
ADDRESSES: The application and related
documents are available for review
upon written request or by appointment
in the following offices:
Permits and Conservation Division,
Office of Protected Resources, NMFS,
1315 East-West Highway, Room 13705,
Silver Spring, MD 20910; phone (301)
427–8401; fax (301) 713–0376.
Written comments on this application
should be submitted to the Chief,
Permits and Conservation Division, at
the address listed above. Comments may
also be submitted by facsimile to (301)
713–0376, or by email to
NMFS.Pr1Comments@noaa.gov. Please
include the File No. in the subject line
of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Courtney Smith or Amy Sloan, (301)
427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.) and the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216). Section 104(c)(6) provides for
photography for educational or
commercial purposes involving nonendangered and non-threatened marine
mammals in the wild.
Dr. Kunnasranta requests a three-year
photography permit to film the
freshwater harbor seal population at
Lake Iliamna, Alaska. Filmmakers plan
to obtain footage using digital and full
high definition video and still cameras
with telephoto lenses from several
platforms: single or twin engine survey
aircrafts, small vessels, or from shore.
Additional footage may be obtained
from static, digital cameras placed
onshore and anchored underwater.
Filming would take place for
approximately one week between spring
and fall annually, most likely during the
seals’ molt period in summer, after
pupping; up to 280 seals may be
SUMMARY:
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
18669
approached and filmed annually.
Obtained footage will be part of an
international documentary film
presenting the world’s other freshwater
seal species, to be published in Europe.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: March 31, 2014.
Tammy C. Adams,
Acting Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2014–07466 Filed 4–2–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Technical Information Service
National Technical Information Service
Advisory Board
National Technical Information
Service, Commerce.
ACTION: Notice of Open Meeting.
AGENCY:
This notice announces the
next meeting of the National Technical
Information Service Advisory Board (the
Advisory Board), which advises the
Secretary of Commerce and the Director
of the National Technical Information
Service (NTIS) on policies and
operations of the Service.
DATES: The Advisory Board will meet on
Friday, April 25, 2014 from 9:30 a.m. to
approximately 3:00 p.m.
ADDRESSES: The Advisory Board will be
held in Room 116 of the NTIS Facility
at 5301 Shawnee Road, Alexandria,
Virginia 22312. Please note admittance
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT: Mr.
Bruce Borzino, (703) 605–6405,
bborzino@ntis.gov.
SUPPLEMENTARY INFORMATION: The NTIS
Advisory Board is established by
Section 3704b(c) of Title 15 of the
United States Code. The charter has
been filed in accordance with the
requirements of the Federal Advisory
Committee Act, as amended (5 U.S.C.
App.).
The morning session will focus on a
review of NTIS performance in the first
SUMMARY:
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 79, Number 64 (Thursday, April 3, 2014)]
[Notices]
[Pages 18667-18669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07485]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-850]
Certain Oil Country Tubular Goods From Taiwan: Amended
Preliminary Negative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: As a result of the correction of a significant ministerial
error, the Department of Commerce (the Department) preliminarily
determines that certain oil country tubular goods (OCTG) from Taiwan
are not being, nor are likely to be, sold in the United States at less
than fair value, 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. Interested parties are invited to comment
on this amended preliminary determination.
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Hermes Pinilla, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution
[[Page 18668]]
Avenue NW., Washington, DC 20230; telephone: (202) 482-0410 or (202)
482-3477, respectively.
SUPPLEMENTARY INFORMATION:
Background
We published the Preliminary Determination on February 25, 2014.\1\
On February 24, 2014, Tension Steel Industries Co., Ltd. (Tension
Steel), alleged that the Department made a significant ministerial
error.
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods From Taiwan:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 79 FR 10495 (February
25, 2014) (Preliminary Determination).
---------------------------------------------------------------------------
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.
Significant Ministerial Error
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' Further, 19 CFR 351.224(e) provides that the Department
``will analyze any comments received and, if appropriate, correct any
significant ministerial error by amending the preliminary
determination.'' A significant ministerial error is defined as a
ministerial error, the correction of which, singly or in combination
with other errors, would result in: (1) A change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original (erroneous)
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average
dumping margin of greater than de minimis or vice versa.\2\
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\2\ See 19 CFR 351.224(g)(1) and (2).
---------------------------------------------------------------------------
Ministerial Error Allegation
Tension Steel argues that the Department did not properly convert
rebates and commissions reported for Canadian sales. Tension Steel
asserts that, although it reported rebates and commissions incurred on
Canadian sales in U.S. dollars, the Department treated them as if they
were reported in Taiwanese dollars.
We agree. Moreover, pursuant to 19 CFR 351.224(g)(2), this error is
significant because the correction of the error results in a difference
between a weighted-average dumping margin of greater than de minimis
and a weighted-average dumping margin of zero or de minimis. Therefore,
we are correcting the error alleged by Tension Steel and amending our
preliminary determination accordingly.
Amended Preliminary Determination
We are amending the preliminary determination of sales at less than
fair value for OCTG from Taiwan to reflect the correction of a
ministerial error made in the margin calculations of that
determination. Correcting this error results in an amended preliminary
determination that sales were made at not less than fair value. As a
result of the correction of the ministerial error, the revised
weighted-average dumping margin is as follows:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer dumping margin
------------------------------------------------------------------------
Tension Steel Industries Co., Ltd.................... 0.00%
------------------------------------------------------------------------
The other respondent selected for individual examination, Chung Hung
Steel Corp, also received a zero margin in the Preliminary
Determination. Consistent with section 733(d)(1)(A) of the Act, in this
amended preliminary determination, the Department has not calculated a
weighted-average dumping margin for all other producers or exporters
because it has not made an affirmative amended preliminary
determination of sales at less than fair value.
Postponement of Final Determination
In the Preliminary Determination, we postponed the final
determination based on requests from the respondents, Chung Hung Steel
Corp. and Tension Steel Industries Co., Ltd.\3\ Because this amended
preliminary determination is negative, we are basing our postponement
of the final determination on the request submitted by Maverick Tube
Corporation, a petitioner in this investigation. Pursuant to section
735(a)(2)(B) of the Act and 19 CFR 351.210(b)(2)(i), on February 11,
2014, Maverick Tube Corporation requested that in the event of a
negative preliminary determination in this
[[Page 18669]]
investigation, the Department postpone its final determination until
not later than 135 days after the date of the publication of the
preliminary determination in the Federal Register. In accordance with
19 CFR 351.210(b)(2)(i), because our amended preliminary determination
is negative and no compelling reasons for denial exist, we are granting
this petitioner's request and are continuing to postpone the final
determination until not later than 135 days after the publication of
the Department's original preliminary determination notice in the
Federal Register on February 25, 2014.
---------------------------------------------------------------------------
\3\ See Preliminary Determination, 79 FR at 10497.
---------------------------------------------------------------------------
Suspension of Liquidation
We will instruct the U.S. Customs and Border Protection to
terminate the suspension of liquidation of all entries of OCTG from
Taiwan and release any cash deposits posted. These instructions will
remain in effect until further notice.
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we notified the
International Trade Commission (ITC) of our amended preliminary
determination. If our final determination is affirmative, the ITC will
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, or sales (or the likelihood of
sales) for importation, of the merchandise under investigation, within
45 days of our final determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i) of the Act and 19 CFR 351.224(e).
Dated: March 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-07485 Filed 4-2-14; 8:45 am]
BILLING CODE 3510-DS-P
