Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 41973-41976 [2014-16862]
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
735(c)(1) and 772(c)(1)(C) of the Act and
19 CFR 351.210(d), the Department will
instruct CBP to require cash deposits
equal to the weighted-average dumping
margins indicated below, adjusted
where appropriate for export subsidies.
We will instruct CBP to require a cash
deposit equal to the weighted-average
amount by which normal value exceeds
U.S. price, as follows: (1) The rate for
¨
Yucel will be the rate we determined in
this final determination; (2) if the
exporter is not a firm identified in this
investigation but the producer is, the
rate will be the rate established for the
producer of the subject merchandise; (3)
the rate for all other producers or
exporters will be 35.86 percent, as
discussed in the ‘‘All Others Rate’’
section, below. These suspension of
liquidation and cash deposit
instructions will remain in effect until
further notice.
Final Determination
The Department determines that the
following dumping margins exist for the
period July 1, 2012, through June 30,
2013:
Exporter/manufacturer
Borusan Mannesmann Boru
Sanayi ve Ticaret and
Borusan Istikbal Ticaret (collectively Borusan) ..................
Cayirova Boru Sanayi ve
¸
¨
Ticaret A.S. and Yucel Boru
¸
Ithalat-Ihracat ve Pazarlama
¨
A.S. (collectively Yucel) ........
¸
All Others ..................................
sroberts on DSK5SPTVN1PROD with NOTICES
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all others’’
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely under
section 776 of the Act. In this final
determination, we have assigned the
‘‘All Others’’ a rate based on the
weighted-average dumping margin
¨
calculated for Yucel, the only company
for which the Department calculated a
rate.
Countervailing Duty Determination and Final
Affirmative Critical Circumstances Determination,
dated concurrently with this notice.
23:20 Jul 17, 2014
In accordance with section 735(d) of
the Act, we notified the U.S.
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will determine within 45
days whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that such injury exists, the
Department will issue an antidumping
duty order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Return or Destruction of Proprietary
Information
This notice will serve as a reminder
to parties subject to administrative
protective order (APO) of their
Weightedresponsibility concerning the
average
dumping
disposition of proprietary information
margin
disclosed under APO in accordance
(percent)
with 19 CFR 351.305. Timely written
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
0.00 Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
35.86 determination and notice pursuant to
35.86 sections 735(d) and 777(i)(l) of the Act.
All Others Rate
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U.S. International Trade Commission
Notification
Jkt 232001
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
1. Duty Drawback
2. Constructed Value Selling Expenses for
¨
Yucel
3. Constructed Value Selling Profit for
¨
Yucel
4. Borusan’s Home Market Sales
5. Standard J55 and Upgradeable J55
6. Borusan’s Export Price Sales
7. Differential Pricing Analysis: Thresholds
for the Results of the Ratio Test
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41973
8. Treatment of Borusan’s Second-Quality
Pipe
9. Misclassification of Borusan’s Steel Coil
Purchases
VII. Recommendation
[FR Doc. 2014–16873 Filed 7–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–817]
Certain Oil Country Tubular Goods
From the Socialist Republic of
Vietnam: Final Determination of Sales
at Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) determines that certain oil
country tubular goods (OCTG) from the
Socialist Republic of Vietnam (Vietnam)
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 final weighted-average
dumping margins of sales at LTFV are
shown in the ‘‘Final Determination’’
section of this notice.
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: Fred
Baker or Davina Friedmann, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2924 or (202) 482–
0698, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published its
preliminary determination on February
25, 2014.1 On June 6, 2014, we received
case briefs from United States Steel
Corporation (U.S. Steel) and SeAH Steel
VINA Corporation (SeAH VINA). On
June 13, 2014, we received rebuttal
briefs from U.S. Steel and SeAH VINA.
At the request of both parties, we held
a public hearing on June 20, 2014. Based
on an analysis of the comments
received, the Department has made
1 See Certain Oil Country Tubular Goods From
the Socialist Republic of Vietnam: Preliminary
Determination of Sales at Less Than Fair Value,
Affirmative Preliminary Determination of Critical
Circumstances, in Part, and Postponement of Final
Determination, 79 FR 10478 (February 25, 2014)
(Preliminary Determination), and the accompanying
Preliminary Decision memorandum.
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changes to the Preliminary
Determination.
sroberts on DSK5SPTVN1PROD with NOTICES
Period of Investigation
The period of investigation (POI) is
January 1, 2013, through June 30, 2013.
Scope of the Investigation
The merchandise covered by this
investigation is certain oil country
tubular goods (OCTG), which are hollow
steel products of circular cross-section,
including oil well casing and tubing, of
iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or
welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or
threaded and coupled) whether or not
conforming to American Petroleum
Institute (API) or non-API
specifications, whether finished
(including limited service OCTG
products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
protectors are attached. The scope of the
investigation also covers OCTG
coupling stock.
Excluded from the scope of the
investigation are: Casing or tubing
containing 10.5 percent or more by
weight of chromium; drill pipe;
unattached couplings; and unattached
thread protectors.
The merchandise subject to the
investigation is currently classified in
the Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the
investigation may also enter under the
following HTSUS item numbers:
7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36,
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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.
Verification
As provided in section 782(i) of the
Act, the Department verified the
information submitted by SeAH VINA
for use in the final determination. The
Department used standard verification
procedures, including examination of
relevant accounting and production
records and original source documents
provided by the respondent.2
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs for this investigation are
addressed in the Issues and Decision
Memorandum, which is dated
concurrently with and hereby adopted
by this notice.3 A list of the issues
which parties have raised and to which
we have responded in the Issues and
Decision Memorandum is attached to
this notice as an Appendix. 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). Access to IA ACCESS is
available to registered users at https://
iaaccess.trade.gov, and it is available to
2 See Memorandum to the File From Fred Baker
and Scott Hoefke, ‘‘Verification of the Sales and
Factors Response of SeAH Steel VINA Corporation
(SSV) in the Antidumping Investigation of Oil
Country Tubular Goods (OCTG) From the Socialist
Republic of Vietnam (Vietnam),’’ dated May 7,
2014, and Memorandum to the File From Fred
Baker and Scott Hoefke, ‘‘Verification of the Sales
of Pusan Pipe America (PPA) in the Antidumping
Investigation of Oil Country Tubular Goods (OCTG)
From the Socialist Republic of Vietnam (Vietnam),’’
dated May 30, 2014.
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, ‘‘Certain Oil Country
Tubular Goods From the Socialist Republic of
Vietnam: Issues and Decision Memorandum for the
Final Determination’’ dated July 10, 2014 (Issues
and Decision Memorandum).
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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 on the Internet at https://
www.trade.gov/enforcement/frn/
index.html. The signed version and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we have made certain
changes to the margin calculation for
SeAH VINA.4
Critical Circumstances
In the Preliminary Determination, the
Department found that there was reason
to believe or suspect that critical
circumstances existed for imports of
subject merchandise from the Vietnamwide entity, and that these imports were
massive during a relatively short
period.5 However, the Department did
not preliminarily find that there was
reason to believe or suspect that critical
circumstances existed for imports of
subject merchandise from SeAH VINA.6
No parties commented on the
Department’s preliminary critical
circumstances determination and we
find no reason to reconsider this
determination. Therefore, we continue
to determine that critical circumstances
exist for the Vietnam-wide entity, but
that critical circumstances do not exist
for SeAH VINA for this final
determination.
Use of Facts Available and Adverse
Facts Available
Section 776(a) of the Act provides that
the Department shall apply facts
available (‘‘FA’’) if (1) necessary
information is not on the record, or (2)
an interested party or any other person
(A) withholds information that has been
requested, (B) fails to provide
information within the deadlines
established, or in the form and manner
requested by the Department, subject to
subsections (c)(1) and (e) of section 782
of the Act, (C) significantly impedes a
proceeding, or (D) provides information
that cannot be verified as provided by
section 782(i) of the Act.
Section 776(b) of the Act further
provides that the Department may use
an adverse inference in applying FA
when a party has failed to cooperate by
4 See
Issues and Decision Memorandum.
sections 733(e)(1)(A)(ii) and (B) of the Act.
6 See Preliminary Determination, 79 FR at 10478.
5 See
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not acting to the best of its ability to
comply with a request for information.
Such an adverse inference may include
reliance on information derived from
the petition, the final determination, a
previous administrative review, or other
information placed on the record.
Vietnam-Wide Entity
In the Preliminary Determination, the
Department determined that certain
Vietnamese exporters did not respond to
the Department’s requests for
information and did not establish that
they were eligible for a separate rate.
Thus, the Department has found that
these Vietnamese exporters are part of
the Vietnam-wide entity and the
Vietnam-wide entity has not responded
to our requests for information. Because
the Vietnam-wide entity did not provide
the Department with requested
information, pursuant to section
776(a)(2)(A) of the Act, the Department
continues to find it appropriate to base
the weighted-average dumping margin
for the Vietnam-wide entity on FA.
The Department determines that,
because the Vietnam-wide entity did not
respond to our request for information,
the Vietnam-wide entity has failed to
cooperate to the best of its ability.
Therefore, pursuant to section 776(b) of
the Act, the Department finds that, in
selecting from among the FA, an adverse
inference is appropriate for the
Vietnam-wide entity.
Because the Department begins with
the presumption that all companies
within an NME country are subject to
government control, and because only
SeAH VINA has overcome that
presumption, the Department is
assigning a single weight-average
dumping margin to all other exporters of
subject merchandise from Vietnam.
Such companies have not demonstrated
their eligibility for a separate rate.7
sroberts on DSK5SPTVN1PROD with NOTICES
Selection of the Adverse Facts
Available Rate for the Vietnam-Wide
Entity
In determining a weighted-average
dumping margin based on AFA, the
Department’s practice is to select a rate
that is sufficiently adverse ‘‘as to
effectuate the purpose of the adverse
facts available rule to induce
respondents to provide the Department
with complete and accurate information
in a timely manner.’’ 8 Further, it is the
7 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Market Value: Synthetic Indigo
From the People’s Republic of China, 65 FR 25706,
25707 (May 2, 2000).
8 See Notice of Final Determination of Sales at
Less than Fair Value: Static Random Access
Memory Semiconductors From Taiwan, 63 FR 8909,
8932 (February 23, 1998).
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Department’s practice to select a rate
that ensures ‘‘that the party does not
obtain a more favorable result by failing
to cooperate than if it had cooperated
fully.’’ 9 Thus, it is the Department’s
practice to select as AFA the higher of
the (a) highest dumping margin alleged
in the petition or (b) the highest
calculated rate of any respondent in the
investigation.10 As in the Preliminary
Determination, we have selected a rate
of 111.47 percent for the Vietnam-wide
entity, the highest dumping margin
alleged in the petition, as corrected by
the petitioners 11 prior to our initiation
of this investigation.12
In order to determine the probative
value of the dumping margin in the
petition for use as AFA for purposes of
this final determination, we compared it
to the transaction-specific dumping
margins we found for the participating
mandatory respondent SeAH VINA. We
found that the rate of 111.47 percent is
reliable and relevant because it is within
the range of SeAH VINA’s transactionspecific dumping margins.13
Accordingly, we find the rate of 111.47
percent is corroborated within the
meaning of section 776(c) of the Act.
The weighted-average dumping
margin assigned to the Vietnam-wide
entity applies to all entries of the
merchandise under investigation except
for entries of merchandise under
investigation from the exporter/
producer combinations listed in the
chart in the ‘‘Final Determination’’
section below.
Final Determination
The Department determines that the
following weighted-average dumping
margins exist:
9 See Brake Rotors from the People’s Republic of
China: Final Results and Partial Rescission of the
Seventh Administrative Review; Final Results of the
Eleventh New Shipper Review, 70 FR 69937, 69939
(November 18, 2005)(quoting the Statement of
Administrative Action accompanying the Uruguay
Round Agreements Act, H. Doc. No. 316, 103d
Cong., 2d Session at 870 (1994)).
10 See, e.g., Seamless Refined Copper Pipe and
Tube From the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 75
FR 60725, 60729 (October 1, 2010).
11 The petitioners in this proceeding are U.S.
Steel, 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.
12 See Preliminary Determination, 79 FR 10479
and the accompanying Preliminary Decision
Memorandum at 11 f.
13 See SeAH VINA final determination analysis
memorandum dated July 10, 2014.
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Exporter
Producer
SeAH Steel
VINA Corporation.
SeAH Steel
VINA Corporation.
Vietnam-Wide Entity
Weightedaverage
dumping
margin
(percent)
24.22
111.47
Disclosure
The Department intends to disclose
calculations performed for this final
determination to the parties within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b).
Continuation of Suspension of
Liquidation
As noted above, the Department
found that critical circumstances exist
with respect to imports of merchandise
under consideration from the Vietnamwide entity. In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct CBP to continue to suspend
liquidation of all appropriate entries of
subject merchandise, as described in the
‘‘Scope of Investigation’’ section of this
notice, from the Vietnam-wide entity
that were entered, or withdrawn from
warehouse for consumption on or after
the date 90 days prior of the publication
of the Preliminary Determination in the
Federal Register. Since critical
circumstances do not exist for SeAH
VINA, the Department will instruct CBP
to suspend liquidation of all appropriate
entries of subject merchandise produced
and exported by SeAH VINA that were
entered, or withdrawn from warehouse
for consumption on or after February 25,
2014, the publication date of the
Preliminary Determination in the
Federal Register. CBP shall require a
cash deposit equal to the estimated
amount by which the normal value
exceeds the U.S. price as shown above.
These instructions suspending
liquidation will remain in effect until
further notice.
International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of our
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, 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 from Vietnam no later than 45
days after our final determination. If the
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ITC determines that material injury or
threat of material injury does not exist,
the proceeding will be terminated and
all securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, the Department
will issue an antidumping duty order
directing CBP to assess antidumping
duties on all imports of the merchandise
under investigation entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice also serves as a final
reminder to the parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i)(1) of the
Act.
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
sroberts on DSK5SPTVN1PROD with NOTICES
Appendix
Comment 1: Surrogate Value for Domestic
Brokerage and Handling
Comment 2: Financial Statements
Comment 3: Surrogate Value for Labor
Comment 4: Surrogate Value for Water
Comment 5: Whether to Exclude ‘‘LimitedService’’ Pipe From the Margin Calculation
Comment 6: Differential Pricing
Comment 7: Valuation of Hot-Rolled Coil
Comment 8: Adjusting the Price of SSV’s
Hot-Rolled Coil To Reflect Arm’s-Length
Transactions
Comment 9: Whether To Revise the Reported
Yield Rates
Comment 10: Adding Brokerage and
Handling and Port Fees to SSV’s MarketEconomy Purchases of Hot-Rolled Coil
Comment 11: Domestic Inland Insurance
Comment 12: Whether To Revise Further
Manufacturing Costs to Include Interest
Expenses
Comment 13: Import Duties on Varnish
[FR Doc. 2014–16862 Filed 7–17–14; 8:45 am]
BILLING CODE 3510–DS–P
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Jkt 232001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–565–802]
Certain Oil Country Tubular Goods
From the Republic of the Philippines:
Final Determination of Sales at Less
Than Fair Value and Negative Final
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department determines
that imports of certain oil country
tubular goods from the Republic of the
Philippines are being, or 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 final weightedaverage dumping margins of sales at
LTFV are listed in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, 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) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 25, 2014, the Department
published the Preliminary
Determination in the Federal Register.1
In the Preliminary Determination, we
postponed the final determination until
no later than 135 days after the
publication of the Preliminary
Determination in accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii) and invited parties
to comment on our Preliminary
Determination. We received case and
rebuttal briefs from the petitioners 2 and
HLD Clark Steel Pipe Co., Inc. (HLD
Clark) in May 2014.3 On June 2, 2014,
1 See Certain Oil Country Tubular Goods From
the Republic of the Philippines: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Negative Preliminary Determination of
Critical Circumstances, and Postponement of Final
Determination, 79 FR 10491 (February 25, 2014)
(Preliminary Determination).
2 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. (collectively, the
petitioners).
3 On June 27, 2014, we placed certain new factual
information on the record. On July 1, 2014, HLD
Clark provided comments on this information.
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we conducted a hearing in this
investigation.
Period of Investigation
The period of investigation is July 1,
2012, through June 30, 2013.
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 investigations 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,
E:\FR\FM\18JYN1.SGM
18JYN1
]]>Agencies
[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41973-41976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16862]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-817]
Certain Oil Country Tubular Goods From the Socialist Republic of
Vietnam: Final Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) determines that
certain oil country tubular goods (OCTG) from the Socialist Republic of
Vietnam (Vietnam) 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 final weighted-
average dumping margins of sales at LTFV are shown in the ``Final
Determination'' section of this notice.
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Davina Friedmann, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2924 or (202) 482-0698, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published its preliminary determination on February
25, 2014.\1\ On June 6, 2014, we received case briefs from United
States Steel Corporation (U.S. Steel) and SeAH Steel VINA Corporation
(SeAH VINA). On June 13, 2014, we received rebuttal briefs from U.S.
Steel and SeAH VINA. At the request of both parties, we held a public
hearing on June 20, 2014. Based on an analysis of the comments
received, the Department has made
[[Page 41974]]
changes to the Preliminary Determination.
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\1\ See Certain Oil Country Tubular Goods From the Socialist
Republic of Vietnam: Preliminary Determination of Sales at Less Than
Fair Value, Affirmative Preliminary Determination of Critical
Circumstances, in Part, and Postponement of Final Determination, 79
FR 10478 (February 25, 2014) (Preliminary Determination), and the
accompanying Preliminary Decision memorandum.
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Period of Investigation
The period of investigation (POI) is January 1, 2013, through June
30, 2013.
Scope of the Investigation
The merchandise covered by this investigation is certain oil
country tubular goods (OCTG), which are hollow steel products of
circular cross-section, including oil well casing and tubing, of iron
(other than cast iron) or steel (both carbon and alloy), whether
seamless or welded, regardless of end finish (e.g., whether or not
plain end, threaded, or threaded and coupled) whether or not conforming
to American Petroleum Institute (API) or non-API specifications,
whether finished (including limited service OCTG products) or
unfinished (including green tubes and limited service OCTG products),
whether or not thread protectors are attached. The scope of the
investigation also covers OCTG coupling stock.
Excluded from the scope of the investigation are: Casing or tubing
containing 10.5 percent or more by weight of chromium; drill pipe;
unattached couplings; and unattached thread protectors.
The merchandise subject to the investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the investigation may also enter under
the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Verification
As provided in section 782(i) of the Act, the Department verified
the information submitted by SeAH VINA for use in the final
determination. The Department used standard verification procedures,
including examination of relevant accounting and production records and
original source documents provided by the respondent.\2\
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\2\ See Memorandum to the File From Fred Baker and Scott Hoefke,
``Verification of the Sales and Factors Response of SeAH Steel VINA
Corporation (SSV) in the Antidumping Investigation of Oil Country
Tubular Goods (OCTG) From the Socialist Republic of Vietnam
(Vietnam),'' dated May 7, 2014, and Memorandum to the File From Fred
Baker and Scott Hoefke, ``Verification of the Sales of Pusan Pipe
America (PPA) in the Antidumping Investigation of Oil Country
Tubular Goods (OCTG) From the Socialist Republic of Vietnam
(Vietnam),'' dated May 30, 2014.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs for this
investigation are addressed in the Issues and Decision Memorandum,
which is dated concurrently with and hereby adopted by this notice.\3\
A list of the issues which parties have raised and to which we have
responded in the Issues and Decision Memorandum is attached to this
notice as an Appendix. 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). Access to IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and it 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 on the Internet at https://www.trade.gov/enforcement/frn/. The signed version and
electronic version of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\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, ``Certain Oil Country Tubular Goods From the Socialist
Republic of Vietnam: Issues and Decision Memorandum for the Final
Determination'' dated July 10, 2014 (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we have made certain changes to the margin calculation
for SeAH VINA.\4\
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Critical Circumstances
In the Preliminary Determination, the Department found that there
was reason to believe or suspect that critical circumstances existed
for imports of subject merchandise from the Vietnam-wide entity, and
that these imports were massive during a relatively short period.\5\
However, the Department did not preliminarily find that there was
reason to believe or suspect that critical circumstances existed for
imports of subject merchandise from SeAH VINA.\6\ No parties commented
on the Department's preliminary critical circumstances determination
and we find no reason to reconsider this determination. Therefore, we
continue to determine that critical circumstances exist for the
Vietnam-wide entity, but that critical circumstances do not exist for
SeAH VINA for this final determination.
---------------------------------------------------------------------------
\5\ See sections 733(e)(1)(A)(ii) and (B) of the Act.
\6\ See Preliminary Determination, 79 FR at 10478.
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Use of Facts Available and Adverse Facts Available
Section 776(a) of the Act provides that the Department shall apply
facts available (``FA'') if (1) necessary information is not on the
record, or (2) an interested party or any other person (A) withholds
information that has been requested, (B) fails to provide information
within the deadlines established, or in the form and manner requested
by the Department, subject to subsections (c)(1) and (e) of section 782
of the Act, (C) significantly impedes a proceeding, or (D) provides
information that cannot be verified as provided by section 782(i) of
the Act.
Section 776(b) of the Act further provides that the Department may
use an adverse inference in applying FA when a party has failed to
cooperate by
[[Page 41975]]
not acting to the best of its ability to comply with a request for
information. Such an adverse inference may include reliance on
information derived from the petition, the final determination, a
previous administrative review, or other information placed on the
record.
Vietnam-Wide Entity
In the Preliminary Determination, the Department determined that
certain Vietnamese exporters did not respond to the Department's
requests for information and did not establish that they were eligible
for a separate rate. Thus, the Department has found that these
Vietnamese exporters are part of the Vietnam-wide entity and the
Vietnam-wide entity has not responded to our requests for information.
Because the Vietnam-wide entity did not provide the Department with
requested information, pursuant to section 776(a)(2)(A) of the Act, the
Department continues to find it appropriate to base the weighted-
average dumping margin for the Vietnam-wide entity on FA.
The Department determines that, because the Vietnam-wide entity did
not respond to our request for information, the Vietnam-wide entity has
failed to cooperate to the best of its ability. Therefore, pursuant to
section 776(b) of the Act, the Department finds that, in selecting from
among the FA, an adverse inference is appropriate for the Vietnam-wide
entity.
Because the Department begins with the presumption that all
companies within an NME country are subject to government control, and
because only SeAH VINA has overcome that presumption, the Department is
assigning a single weight-average dumping margin to all other exporters
of subject merchandise from Vietnam. Such companies have not
demonstrated their eligibility for a separate rate.\7\
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\7\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Market Value: Synthetic Indigo From the People's Republic
of China, 65 FR 25706, 25707 (May 2, 2000).
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Selection of the Adverse Facts Available Rate for the Vietnam-Wide
Entity
In determining a weighted-average dumping margin based on AFA, the
Department's practice is to select a rate that is sufficiently adverse
``as to effectuate the purpose of the adverse facts available rule to
induce respondents to provide the Department with complete and accurate
information in a timely manner.'' \8\ Further, it is the Department's
practice to select a rate that ensures ``that the party does not obtain
a more favorable result by failing to cooperate than if it had
cooperated fully.'' \9\ Thus, it is the Department's practice to select
as AFA the higher of the (a) highest dumping margin alleged in the
petition or (b) the highest calculated rate of any respondent in the
investigation.\10\ As in the Preliminary Determination, we have
selected a rate of 111.47 percent for the Vietnam-wide entity, the
highest dumping margin alleged in the petition, as corrected by the
petitioners \11\ prior to our initiation of this investigation.\12\
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\8\ See Notice of Final Determination of Sales at Less than Fair
Value: Static Random Access Memory Semiconductors From Taiwan, 63 FR
8909, 8932 (February 23, 1998).
\9\ See Brake Rotors from the People's Republic of China: Final
Results and Partial Rescission of the Seventh Administrative Review;
Final Results of the Eleventh New Shipper Review, 70 FR 69937, 69939
(November 18, 2005)(quoting the Statement of Administrative Action
accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d
Cong., 2d Session at 870 (1994)).
\10\ See, e.g., Seamless Refined Copper Pipe and Tube From the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 75 FR 60725, 60729 (October 1, 2010).
\11\ The petitioners in this proceeding are U.S. Steel, 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.
\12\ See Preliminary Determination, 79 FR 10479 and the
accompanying Preliminary Decision Memorandum at 11 f.
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In order to determine the probative value of the dumping margin in
the petition for use as AFA for purposes of this final determination,
we compared it to the transaction-specific dumping margins we found for
the participating mandatory respondent SeAH VINA. We found that the
rate of 111.47 percent is reliable and relevant because it is within
the range of SeAH VINA's transaction-specific dumping margins.\13\
Accordingly, we find the rate of 111.47 percent is corroborated within
the meaning of section 776(c) of the Act.
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\13\ See SeAH VINA final determination analysis memorandum dated
July 10, 2014.
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The weighted-average dumping margin assigned to the Vietnam-wide
entity applies to all entries of the merchandise under investigation
except for entries of merchandise under investigation from the
exporter/producer combinations listed in the chart in the ``Final
Determination'' section below.
Final Determination
The Department determines that the following weighted-average
dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
SeAH Steel VINA Corporation......... SeAH Steel VINA 24.22
Corporation.
------------------------------------------------------------------------
Vietnam-Wide Entity 111.47
------------------------------------------------------------------------
Disclosure
The Department intends to disclose calculations performed for this
final determination to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As noted above, the Department found that critical circumstances
exist with respect to imports of merchandise under consideration from
the Vietnam-wide entity. In accordance with section 735(c)(1)(B) of the
Act, the Department will instruct CBP to continue to suspend
liquidation of all appropriate entries of subject merchandise, as
described in the ``Scope of Investigation'' section of this notice,
from the Vietnam-wide entity that were entered, or withdrawn from
warehouse for consumption on or after the date 90 days prior of the
publication of the Preliminary Determination in the Federal Register.
Since critical circumstances do not exist for SeAH VINA, the Department
will instruct CBP to suspend liquidation of all appropriate entries of
subject merchandise produced and exported by SeAH VINA that were
entered, or withdrawn from warehouse for consumption on or after
February 25, 2014, the publication date of the Preliminary
Determination in the Federal Register. CBP shall require a cash deposit
equal to the estimated amount by which the normal value exceeds the
U.S. price as shown above. These instructions suspending liquidation
will remain in effect until further notice.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, 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 from Vietnam no later than 45 days after our
final determination. If the
[[Page 41976]]
ITC determines that material injury or threat of material injury does
not exist, the proceeding will be terminated and all securities posted
will be refunded or canceled. If the ITC determines that such injury
does exist, the Department will issue an antidumping duty order
directing CBP to assess antidumping duties on all imports of the
merchandise under investigation entered, or withdrawn from warehouse,
for consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice also serves as a final reminder to the parties subject
to an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written notification of
the return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i)(1) of the Act.
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Comment 1: Surrogate Value for Domestic Brokerage and Handling
Comment 2: Financial Statements
Comment 3: Surrogate Value for Labor
Comment 4: Surrogate Value for Water
Comment 5: Whether to Exclude ``Limited-Service'' Pipe From the
Margin Calculation
Comment 6: Differential Pricing
Comment 7: Valuation of Hot-Rolled Coil
Comment 8: Adjusting the Price of SSV's Hot-Rolled Coil To Reflect
Arm's-Length Transactions
Comment 9: Whether To Revise the Reported Yield Rates
Comment 10: Adding Brokerage and Handling and Port Fees to SSV's
Market-Economy Purchases of Hot-Rolled Coil
Comment 11: Domestic Inland Insurance
Comment 12: Whether To Revise Further Manufacturing Costs to Include
Interest Expenses
Comment 13: Import Duties on Varnish
[FR Doc. 2014-16862 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P
