Certain Oil Country Tubular Goods From India: Final Affirmative Countervailing Duty Determination and Partial Final Affirmative Determination of Critical Circumstances, 41967-41969 [2014-16859]

Download as PDF Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices DEPARTMENT OF COMMERCE International Trade Administration [C–533–858] Certain Oil Country Tubular Goods From India: Final Affirmative Countervailing Duty Determination and Partial Final Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain oil country tubular goods (OCTG) from India. For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. DATES: Effective Date: July 18, 2014. FOR FURTHER INFORMATION CONTACT: Myrna Lobo, Elfi Blum or Lingjun Wang, 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) 482–2371, (202) 482–0197, and (202) 482–2316, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The petitioners in this investigation are United States Steel Corporation, Maverick Tube Corporation, Boomerang Tube, Energex Tube, a division of JMC Steel Group, Northwest Pipe Company, Tejas Tubular Products, TMK IPSCO, Vallourec Star, L.P., and Welded Tube USA Inc. This investigation covers 64 government programs. In addition to the Government of India (GOI), the mandatory respondents in this investigation are: (1) GVN Fuels Limited and its cross-owned producers Maharashtra Seamless Limited and Jindal Pipes Limited (GVN/MSL/JPL); and (2) Jindal SAW Limited (Jindal SAW). The period of investigation for which we are measuring subsidies is January 1, 2012, through December 31, 2012. sroberts on DSK5SPTVN1PROD with NOTICES Case History The events that have occurred since the Department published the Preliminary Determination 1 on 1 See Certain Oil Country Tubular Goods From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Determination, 78 FR 77421 (December 23, 2013) (Preliminary Determination). VerDate Mar<15>2010 23:20 Jul 17, 2014 Jkt 232001 41967 December 23, 2013 and the Preliminary Determination of Critical Circumstances 2 on January 27, 2014, are discussed in the Issues and Decision Memorandum.3 The Issues and 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 is available to all parties 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 at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. JPL and ‘‘all other’’ exporters of OCTG from India.4 Our analysis for the final determination indicates that critical circumstances continue to exist for imports from Jindal SAW. In addition, we determine that critical circumstances exist for imports from ‘‘all other’’ producers and exporters from India. We continue to find that critical circumstances do not exist with respect to imports from GVN/MSL/JPL. Therefore, in accordance with section 705(a)(2) of the Tariff Act of 1930, as amended (the Act), we determine that critical circumstances exist with respect to imports from Jindal SAW and ‘‘all other’’ exporters of OCTG from India. We determine that critical circumstances do not exist with respect to GVN/MSL/JPL. 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. The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the subsidy programs and issues that parties have raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix II. Critical Circumstances In our Preliminary Determination of Critical Circumstances, we determined that critical circumstances exist with respect to Jindal SAW, but do not exist with respect to imports from GVN/MSL/ 2 See Certain Oil Country Tubular Goods from India and Turkey: Preliminary Determination of Critical Circumstances in the Countervailing Duty Investigations, 79 FR 4333 (January 27, 2014) (Preliminary Determination of Critical Circumstances) 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance regarding ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Oil Country Tubular Goods from India,’’ dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Analysis of Subsidy Programs and Comments Received Use of Facts Otherwise Available, Including Adverse Inferences For the purposes of this final determination, we relied on facts available and in certain instances have applied an adverse inference (AFA) in accordance with sections 776(a) and (b) of the Act, with regard to the following programs: Advance License Program/ Advance Authorization Program, Export Promotion Capital Goods Program, PreShipment and Post-Shipment Export Financing, Provision of Hot-Rolled Steel by the Steel Authority of India, Ltd. at Less Than Adequate Remuneration, State Government of Maharashtra Sales Tax Program, and Duty Drawback. A full discussion of our decision to apply AFA is presented in the Decision Memorandum under the section ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ Suspension of Liquidation In accordance with section 705(c)(1)(B)(i) of the Act, we calculated 4 See Certain Oil Country Tubular Goods From India and Turkey: Preliminary Determination of Critical Circumstances in the Countervailing Duty Investigations, 79 FR 4333 (January 27, 2014) (Preliminary Determination of Critical Circumstances). E:\FR\FM\18JYN1.SGM 18JYN1 41968 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices suspension of liquidation for Jindal SAW, and require a cash deposit for such entries of merchandise in the amount indicated above, with effect from 90 days prior to the date of publication of the final determination in the Federal Register. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty (CVD) order and reinstate the suspension of liquidation for GVN/MSL/JPL and ‘‘all other’’ companies, and require a cash deposit for such entries of merchandise in the amounts indicated above. As a result of the critical circumstances determination for ‘‘all other’’ companies, consistent Subsidy rate with section 705(c)(4)(B) of the Act, we Company (percent) will order CBP to suspend liquidation and require a cash deposit effective GVN Fuels Limited/ September 24, 2013, which is 90 days Maharashtra Seamless prior to the publication of the Limited/Jindal Pipes Limited .................................... 5.67 Preliminary Determination. If the ITC Jindal SAW Limited .............. 19.11 determines that material injury, or All Others .............................. 12.39 threat of material injury, does not exist, this proceeding will be terminated and As a result of our Preliminary all estimated duties deposited or Determination and pursuant to section securities posted as a result of the 703(d) of the Act, we instructed U.S. suspension of liquidation will be Customs and Border Protection (CBP) to refunded or canceled. suspend liquidation of all entries of ITC Notification subject merchandise from India, other In accordance with section 705(d) of than those produced/exported by Jindal the Act, we will notify the ITC of our SAW which received a de minimis determination. In addition, we are countervailable subsidy rate in the making available to the ITC all nonPreliminary Determination, entered or privileged and non-proprietary withdrawn from warehouse, for information related to this investigation. consumption on or after December 23, We will allow the ITC access to all 2013, the date of the publication of the privileged and business proprietary Preliminary Determination in the information in our files, provided the Federal Register. ITC confirms that it will not disclose In accordance with section 703(d) of such information, either publicly or the Act, we subsequently issued under an administrative protective order instructions to CBP to discontinue the (APO), without the written consent of suspension of liquidation for CVD the Assistant Secretary for Enforcement purposes for subject merchandise entered, or withdrawn from warehouse, and Compliance. on or after April 22, 2014, but to Return or Destruction of Proprietary continue the suspension of liquidation Information of all entries, excepting Jindal SAW, In the event that the ITC issues a final from December 23, 2013, through April negative injury determination, this 21, 2014. notice will serve as the only reminder The Department determines that critical circumstances exist with respect to parties subject to an APO of their responsibility concerning the to imports of subject merchandise from Jindal SAW and ‘‘all other’’ companies.6 destruction of proprietary information disclosed under APO in accordance Consistent with sections 705(c)(1)(C) with 19 CFR 351.305(a)(3). Timely and 705(c)(4)(C) of the Act, because written notification of the return/ provisional measures are not in effect destruction of APO materials or for Jindal SAW, we will begin the conversion to judicial protective order is hereby requested. Failure to comply 5 See Memoranda to the File, ‘‘Final with the regulations and terms of an Determination Calculation Memorandum for GVN/ MSL/JPL,’’ and ‘‘Final Determination Calculation APO is a violation which is subject to Memorandum for Jindal SAW,’’ (Final Calculation sanction. Memoranda). This determination is issued and 6 The Department made a negative critical published pursuant to sections 705(d) circumstances determination with respect to GVN/ MSL/JPL. and 777(i) of the Act. sroberts on DSK5SPTVN1PROD with NOTICES a rate for each company respondent.5 Section 705(c)(5)(A)(i) of the Act states that for companies not individually investigated, we will determine an ‘‘all others’’ rate equal to the weighted average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. Because we are unable to calculate a weighted average rate, we calculated a simple average of the two respondents rates as the ‘‘all others’’ rate. We determine the total estimated net countervailable subsidy rates to be: VerDate Mar<15>2010 23:20 Jul 17, 2014 Jkt 232001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Dated: July 10, 2014. Ronald K. Lorentzen, Acting 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 Issues and Decision Memorandum I. Summary II. Background E:\FR\FM\18JYN1.SGM 18JYN1 sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices III. Critical Circumstances IV. Subsidies Valuation Information A. Period of Investigation B. Allocation Period C. Cross-Ownership and Attribution of Subsidies D. Denominators E. Benchmarks and Discount Rates V. Use of Facts Otherwise Available and Adverse Inferences VI. Analysis of Programs A. Programs Determined To Be Countervailable B. Programs Determined To Be Not Used or Not To Confer a Benefit During the POI C. Programs Determined Not To Exist D. Programs Determined To Be Terminated E. Programs Determined To Be Not Countervailable VII. Analysis of Comments Comment 1: Whether Adverse Inferences Are Warranted When Determining the POI Value of Jindal SAW’s Company-Wide Sales and Company-Wide Export Sales Comment 2: Whether the Appropriate Financial Statements Were Used in Calculating Jindal SAW’s Sales Value and Denominator Comment 3: Whether MSL’s Reported Sales Values Should Be Adjusted Comment 4: Whether Certain Sales Should Be Excluded From the Value of GVN’s Export Sales Comment 5: Whether the Denominator Used To Calculate Jindal SAW’s Ad Valorem Subsidy Rate for the Duty Drawback Scheme Should Be Revised Comment 6: Whether Deemed Exports Should Be Included in the Denominator When Calculating the Subsidy Rates for Duty Drawback or Other Programs Comment 7: Whether the Advance Authorization Scheme Is an Countervailable Subsidy Comment 8: Whether Jindal SAW’s Reported Benefits Under the Advance Authorization Program (AAP) are Countervailable Comment 9: Whether AFA Is Warranted When Countervailing Jindal SAW’s Use of the Advance Authorization Program (AAP) Comment 10: Whether Jindal SAW’s Pre- and Post-Shipment Financing Is Countervailable Because It Is Based on Commercial Loans Comment 11: Whether Jindal SAW’s EPCG Benefits Received by Divisions Producing Non-OCTG Products Are Countervailable Comment 12: Whether Benefits Received by Jindal SAW Under the Focus Product Scheme Should Be Countervailed Comment 13: Whether Benefits Received by Jindal SAW Under the Export Oriented Unit (EOU) Scheme Should Be Countervailed Comment 14: Whether Provisional Measures Should Be Applied to Jindal SAW’s Imports of Subject Merchandise Comment 15: Whether the SGUP Entry Tax Is a Countervailable Subsidy Comment 16: Whether the SGOM PSI–2007 or PSI–1988 Are Countervailable Subsidies Comment 17: Whether the Provision of Hot- VerDate Mar<15>2010 23:20 Jul 17, 2014 Jkt 232001 Rolled Steel by the Steel Authority (SAIL) of India Is a Countervailable Subsidy Comment 18: Whether To Adjust Benchmark and Freight in the Subsidy Rate Calculation for Hot-Rolled Coil From SAIL at Less Than Adequate Remuneration Comment 19: Whether the Benefit Calculation for the SGOM Sales Tax Deferral Program Is Incorrect [FR Doc. 2014–16859 Filed 7–17–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–815] Certain Oil Country Tubular Goods From Ukraine: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that imports of 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 735 of the Tariff Act of 1930, as amended (the Act). The period of investigation is July 1, 2012, through June 30, 2013. The final weightedaverage dumping margins are listed below in the section entitled ‘‘Final Determination Margins.’’ DATES: Effective Date: July 18, 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: Background On February 25, 2014, the Department published in the Federal Register the preliminary determination of sales at LTFV in the antidumping duty investigation of OCTG from Ukraine.1 The following events occurred since the Preliminary Determination was issued. We issued supplemental sales and cost 1 See 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, 79 FR 10482 (February 25, 2014) (Preliminary Determination). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 41969 questionnaires to Interpipe,2 and received responses to these supplemental questionnaires in March 2014. Also, in May 2014, Interpipe submitted revised sales databases pursuant to the Department’s requests. On March 27, 2014, the petitioners 3 requested that the Department hold a hearing in this investigation and, subsequently, on June 3, 2014, the petitioners withdrew their hearing request.4 Between March 24, and April 15, 2014, the Department conducted sales and cost verifications of Interpipe, in accordance with section 782(i) of the Act. On May 28, and June 4, 2014, the petitioners and Interpipe submitted case and rebuttal briefs, respectively. The Department issued a draft suspension agreement on June 10, 2014 and received comments from interested parties on June 17, 2014. On July 1 and 3, 2014, we received requests from petitioners and Interpipe, respectively, requesting that we continue the investigation, should we enter into a suspension agreement. Subsequently, on July 10, 2014, the Department signed a suspension agreement with Interpipe (the Agreement). Scope of the Investigation The merchandise covered by this investigation is certain oil country tubular goods (OCTG), which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish (e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread 2 The Department preliminarily determined that Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky Tube Rolling Plant (aka Interpipe NTRP); LLC Interpipe Niko Tube; North American Interpipe, Inc. (collectively, Interpipe) are affiliated and should be considered a single entity. For this final determination, we continue to find that these companies are affiliated. For a more detailed discussion on the Department’s analysis regarding affiliation and treatment of Interpipe Europe S.A. and certain affiliated companies as a single entity, see Preliminary Determination and accompanying Preliminary Determination Memorandum at 5–8. 3 Boomerang Tube, Energex Tube, a division of JMC Steel Group, Maverick Tube Corporation, Northwest Pipe Company, Tejas Tubular Products, TMK IPSCO, United States Steel Corporation, Vallourec Star, L.P., and Welded Tube USA Inc. (collectively, the petitioners). 4 See U.S. Steel’s March 27, 2014 Hearing Request; see also U.S. Steel’s June 3, 2014 Request to Withdrawal the Hearing Request. E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41967-41969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16859]



[[Page 41967]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-858]


Certain Oil Country Tubular Goods From India: Final Affirmative 
Countervailing Duty Determination and Partial Final Affirmative 
Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain oil country tubular goods (OCTG) from India. For information 
on the estimated subsidy rates, see the ``Suspension of Liquidation'' 
section of this notice.

DATES: Effective Date: July 18, 2014.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo, Elfi Blum or Lingjun Wang, 
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) 482-2371, (202) 482-0197, and (202) 482-2316, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The petitioners in this investigation are United States Steel 
Corporation, Maverick Tube Corporation, Boomerang Tube, Energex Tube, a 
division of JMC Steel Group, Northwest Pipe Company, Tejas Tubular 
Products, TMK IPSCO, Vallourec Star, L.P., and Welded Tube USA Inc. 
This investigation covers 64 government programs. In addition to the 
Government of India (GOI), the mandatory respondents in this 
investigation are: (1) GVN Fuels Limited and its cross-owned producers 
Maharashtra Seamless Limited and Jindal Pipes Limited (GVN/MSL/JPL); 
and (2) Jindal SAW Limited (Jindal SAW). The period of investigation 
for which we are measuring subsidies is January 1, 2012, through 
December 31, 2012.

Case History

    The events that have occurred since the Department published the 
Preliminary Determination \1\ on December 23, 2013 and the Preliminary 
Determination of Critical Circumstances \2\ on January 27, 2014, are 
discussed in the Issues and Decision Memorandum.\3\ The Issues and 
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 is 
available to all parties 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 at 
https://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Oil Country Tubular Goods From India: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination with Final Antidumping 
Determination, 78 FR 77421 (December 23, 2013) (Preliminary 
Determination).
    \2\ See Certain Oil Country Tubular Goods from India and Turkey: 
Preliminary Determination of Critical Circumstances in the 
Countervailing Duty Investigations, 79 FR 4333 (January 27, 2014) 
(Preliminary Determination of Critical Circumstances)
    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance regarding ``Issues and Decision Memorandum for the Final 
Determination in the Countervailing Duty Investigation of Certain 
Oil Country Tubular Goods from India,'' dated concurrently with this 
notice (Issues and Decision Memorandum).
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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.

Critical Circumstances

    In our Preliminary Determination of Critical Circumstances, we 
determined that critical circumstances exist with respect to Jindal 
SAW, but do not exist with respect to imports from GVN/MSL/JPL and 
``all other'' exporters of OCTG from India.\4\ Our analysis for the 
final determination indicates that critical circumstances continue to 
exist for imports from Jindal SAW. In addition, we determine that 
critical circumstances exist for imports from ``all other'' producers 
and exporters from India. We continue to find that critical 
circumstances do not exist with respect to imports from GVN/MSL/JPL. 
Therefore, in accordance with section 705(a)(2) of the Tariff Act of 
1930, as amended (the Act), we determine that critical circumstances 
exist with respect to imports from Jindal SAW and ``all other'' 
exporters of OCTG from India. We determine that critical circumstances 
do not exist with respect to GVN/MSL/JPL.
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    \4\ See Certain Oil Country Tubular Goods From India and Turkey: 
Preliminary Determination of Critical Circumstances in the 
Countervailing Duty Investigations, 79 FR 4333 (January 27, 2014) 
(Preliminary Determination of Critical Circumstances).
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum, which is hereby 
adopted by this notice. A list of the subsidy programs and issues that 
parties have raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice as Appendix II.

Use of Facts Otherwise Available, Including Adverse Inferences

    For the purposes of this final determination, we relied on facts 
available and in certain instances have applied an adverse inference 
(AFA) in accordance with sections 776(a) and (b) of the Act, with 
regard to the following programs: Advance License Program/Advance 
Authorization Program, Export Promotion Capital Goods Program, Pre-
Shipment and Post-Shipment Export Financing, Provision of Hot-Rolled 
Steel by the Steel Authority of India, Ltd. at Less Than Adequate 
Remuneration, State Government of Maharashtra Sales Tax Program, and 
Duty Drawback. A full discussion of our decision to apply AFA is 
presented in the Decision Memorandum under the section ``Use of Facts 
Otherwise Available and Adverse Inferences.''

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated

[[Page 41968]]

a rate for each company respondent.\5\ Section 705(c)(5)(A)(i) of the 
Act states that for companies not individually investigated, we will 
determine an ``all others'' rate equal to the weighted average 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act. Because we are unable to calculate a weighted 
average rate, we calculated a simple average of the two respondents 
rates as the ``all others'' rate.
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    \5\ See Memoranda to the File, ``Final Determination Calculation 
Memorandum for GVN/MSL/JPL,'' and ``Final Determination Calculation 
Memorandum for Jindal SAW,'' (Final Calculation Memoranda).
---------------------------------------------------------------------------

    We determine the total estimated net countervailable subsidy rates 
to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
GVN Fuels Limited/Maharashtra Seamless Limited/Jindal               5.67
 Pipes Limited..........................................
Jindal SAW Limited......................................           19.11
All Others..............................................           12.39
------------------------------------------------------------------------

    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of subject 
merchandise from India, other than those produced/exported by Jindal 
SAW which received a de minimis countervailable subsidy rate in the 
Preliminary Determination, entered or withdrawn from warehouse, for 
consumption on or after December 23, 2013, the date of the publication 
of the Preliminary Determination in the Federal Register.
    In accordance with section 703(d) of the Act, we subsequently 
issued instructions to CBP to discontinue the suspension of liquidation 
for CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after April 22, 2014, but to continue the suspension 
of liquidation of all entries, excepting Jindal SAW, from December 23, 
2013, through April 21, 2014.
    The Department determines that critical circumstances exist with 
respect to imports of subject merchandise from Jindal SAW and ``all 
other'' companies.\6\ Consistent with sections 705(c)(1)(C) and 
705(c)(4)(C) of the Act, because provisional measures are not in effect 
for Jindal SAW, we will begin the suspension of liquidation for Jindal 
SAW, and require a cash deposit for such entries of merchandise in the 
amount indicated above, with effect from 90 days prior to the date of 
publication of the final determination in the Federal Register. If the 
U.S. International Trade Commission (ITC) issues a final affirmative 
injury determination, we will issue a countervailing duty (CVD) order 
and reinstate the suspension of liquidation for GVN/MSL/JPL and ``all 
other'' companies, and require a cash deposit for such entries of 
merchandise in the amounts indicated above. As a result of the critical 
circumstances determination for ``all other'' companies, consistent 
with section 705(c)(4)(B) of the Act, we will order CBP to suspend 
liquidation and require a cash deposit effective September 24, 2013, 
which is 90 days prior to the publication of the Preliminary 
Determination. If the ITC determines that material injury, or threat of 
material injury, does not exist, this proceeding will be terminated and 
all estimated duties deposited or securities posted as a result of the 
suspension of liquidation will be refunded or canceled.
---------------------------------------------------------------------------

    \6\ The Department made a negative critical circumstances 
determination with respect to GVN/MSL/JPL.
---------------------------------------------------------------------------

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting 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

Issues and Decision Memorandum

I. Summary
II. Background

[[Page 41969]]

III. Critical Circumstances
IV. Subsidies Valuation Information
    A. Period of Investigation
    B. Allocation Period
    C. Cross-Ownership and Attribution of Subsidies
    D. Denominators
    E. Benchmarks and Discount Rates
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
    A. Programs Determined To Be Countervailable
    B. Programs Determined To Be Not Used or Not To Confer a Benefit 
During the POI
    C. Programs Determined Not To Exist
    D. Programs Determined To Be Terminated
    E. Programs Determined To Be Not Countervailable
VII. Analysis of Comments
Comment 1: Whether Adverse Inferences Are Warranted When Determining 
the POI Value of Jindal SAW's Company-Wide Sales and Company-Wide 
Export Sales
Comment 2: Whether the Appropriate Financial Statements Were Used in 
Calculating Jindal SAW's Sales Value and Denominator
Comment 3: Whether MSL's Reported Sales Values Should Be Adjusted
Comment 4: Whether Certain Sales Should Be Excluded From the Value 
of GVN's Export Sales
Comment 5: Whether the Denominator Used To Calculate Jindal SAW's Ad 
Valorem Subsidy Rate for the Duty Drawback Scheme Should Be Revised
Comment 6: Whether Deemed Exports Should Be Included in the 
Denominator When Calculating the Subsidy Rates for Duty Drawback or 
Other Programs
Comment 7: Whether the Advance Authorization Scheme Is an 
Countervailable Subsidy
Comment 8: Whether Jindal SAW's Reported Benefits Under the Advance 
Authorization Program (AAP) are Countervailable
Comment 9: Whether AFA Is Warranted When Countervailing Jindal SAW's 
Use of the Advance Authorization Program (AAP)
Comment 10: Whether Jindal SAW's Pre- and Post-Shipment Financing Is 
Countervailable Because It Is Based on Commercial Loans
Comment 11: Whether Jindal SAW's EPCG Benefits Received by Divisions 
Producing Non-OCTG Products Are Countervailable
Comment 12: Whether Benefits Received by Jindal SAW Under the Focus 
Product Scheme Should Be Countervailed
Comment 13: Whether Benefits Received by Jindal SAW Under the Export 
Oriented Unit (EOU) Scheme Should Be Countervailed
Comment 14: Whether Provisional Measures Should Be Applied to Jindal 
SAW's Imports of Subject Merchandise
Comment 15: Whether the SGUP Entry Tax Is a Countervailable Subsidy
Comment 16: Whether the SGOM PSI-2007 or PSI-1988 Are 
Countervailable Subsidies
Comment 17: Whether the Provision of Hot-Rolled Steel by the Steel 
Authority (SAIL) of India Is a Countervailable Subsidy
Comment 18: Whether To Adjust Benchmark and Freight in the Subsidy 
Rate Calculation for Hot-Rolled Coil From SAIL at Less Than Adequate 
Remuneration
Comment 19: Whether the Benefit Calculation for the SGOM Sales Tax 
Deferral Program Is Incorrect

[FR Doc. 2014-16859 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P