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, 41976-41978 [2014-16865]
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41976
Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
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withdrawn from warehouse, for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.
PO 00000
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Fmt 4703
Sfmt 4703
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
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
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.
Analysis of the Comments Received
All issues raised in the case briefs by
parties to this investigation are
addressed in the Issues and Decision
Memorandum.4 A list of the issues
which parties raised and to which we
responded is in the Issues and Decision
Memorandum and 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). IA ACCESS is available to
registered users at https://iaaccess.trade.
gov and it is available to all parties in
the Central Records Unit (CRU), 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://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
sroberts on DSK5SPTVN1PROD with NOTICES
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, pre-verification
corrections, and our findings at
verifications, we made certain changes
to the margin calculations for HLD
Clark.5
4 See the memorandum from Deputy Assistant
Secretary Christian Marsh to Acting Assistant
Secretary Ronald K. Lorentzen entitled ‘‘Issues and
Decision Memorandum for the Final Affirmative
Determination in the Less than Fair Value
Investigation of Certain Oil Country Tubular Goods
from the Republic of the Philippines’’ dated
concurrently with this notice and hereby adopted
by this notice (Issues and Decision Memorandum).
5 For a discussion of these changes, see
Memorandum to Neal Halper entitled ‘‘Cost of
Production and Constructed Value Calculation
Adjustments for the Final Determination—HLD
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23:20 Jul 17, 2014
Jkt 232001
Verification
As provided in section 782(i) of the
Act, we conducted sales and cost
verifications of the questionnaire
responses submitted by HLD Clark. We
used standard verification procedures,
including examination of relevant
accounting and production records, as
well as original source documents
provided by HLD Clark.6
41977
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 9.88 percent, as
discussed in the ‘‘All Others Rate’’
section, below. These suspension of
liquidation instructions will remain in
effect until further notice.
All Others Rate
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
Weightedindividually investigated, excluding any
average
dumping
zero or de minimis margins, and any
margin
margins determined entirely under
(percent)
section 776 of the Act. The ‘‘All Others’’
rate is based on the weighted-average
9.88 dumping margin calculated for HLD
9.88 Clark, the only company for which the
Department calculated a rate.7
Final Determination
The Department determines that the
following dumping margins exist for the
period July 1, 2012, through June 30,
2013:
Exporter/manufacturer
HLD Clark Steel Pipe Co.,
Inc .....................................
All Others ..............................
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
Pursuant to section 735(c)(1)(B) of the
Act, the Department will instruct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of all
entries of certain oil country tubular
goods from the Republic of the
Philippines which were entered, or
withdrawn from warehouse, for
consumption on or after February 25,
2014, the date of publication of the
Preliminary Determination. 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 HLD
Clark will be the rate we determined in
this final determination; (2) if the
Clark Steel Pipe Co. Inc.,’’ dated concurrently with
this notice and Memorandum to the File entitled
‘‘Final Determination of Sales at Less Than Fair
Value in the Antidumping Duty Investigation of
Certain Oil Country Tubular Goods from the
Republic of the Philippines—Analysis
Memorandum for HLD Clark Steel Pipe Co., Inc.,’’
dated concurrently with this notice.
6 See Memorandum to the File entitled
‘‘Verification of the Sales Response of HLD Clark
Steel Pipe Co., Inc., in the Less-Than-Fair-Value
Investigation of Certain Oil Country Tubular Goods
from the Republic of the Philippines,’’ dated April
10, 2014, and Memorandum to the File entitled
‘‘Verification of the Cost Response of HLD Clark
Steel Pipe Co., Inc. in the Antidumping Duty
Investigation of Certain Oil Country Tubular Goods
from the Republic of the Philippines,’’ dated May
13, 2014.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
U.S. International Trade Commission
Notification
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 all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Return or Destruction of Proprietary
Information
This notice will serve as a reminder
to parties subject to 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 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.
7 See
E:\FR\FM\18JYN1.SGM
section 735(c)(5)(A) of the Act.
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41978
Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
We are issuing and publishing this
determination and notice pursuant to
sections 735(d) and 777(i)(l) of the Act.
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. Steel Grade Product Characteristic
2. Differential Pricing Analysis
3. Calculation of Short Term Borrowing
Rate
VII. Recommendation
Period of Investigation
The period of investigation is July 1,
2012, through June 30, 2013.
[FR Doc. 2014–16865 Filed 7–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–832]
Certain Oil Country Tubular Goods
From Thailand: Final Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department determines
that imports of certain oil country
tubular goods from Thailand are being,
or are likely to be, sold in the United
States at LTFV, as provided in section
735 of the Tariff Act of 1930, as
amended (the Act). The final dumping
margins for this investigation are listed
in the ‘‘Final Determination’’ section
below.
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: John
Drury or Angelica Mendoza, 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) 482–0195 or (202) 482–
3019, respectively.
SUPPLEMENTARY INFORMATION:
sroberts on DSK5SPTVN1PROD with NOTICES
AGENCY:
Background
On February 25, 2014, the Department
published the Preliminary
Determination in the Federal Register.1
1 See Certain Oil Country Tubular Goods From
Thailand: Preliminary Determination of Sales at
Less Than Fair Value, and Postponement of Final
Determination, 79 FR 10487 (February 25, 2014)
(Preliminary Determination).
VerDate Mar<15>2010
23:20 Jul 17, 2014
Jkt 232001
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 did not receive any comments
from parties.
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,
PO 00000
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Fmt 4703
Sfmt 4703
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.
Use of Adverse Facts Available
In the Preliminary Determination, we
determined that WSP Pipe Co., Ltd.
(WSP) failed to respond to the
Department’s questionnaire and thus
withheld necessary information within
the meaning of section 776(a) of the
Act.2 Furthermore, because WSP did not
submit any response to our requests for
information and did not suggest
alternative forms in which it could
submit such responses, we preliminarily
determined that sections 782(c)(1), (d),
and (e) of the Act did not apply. Thus,
in the Preliminary Determination,
pursuant to sections 776(a)(2)(A), (B),
and (C) of the Act, we based the
dumping margin on facts otherwise
available for WSP. Moreover, because
WSP failed to act to the best of its ability
to comply with the Department’s
requests for information, we applied
adverse facts available (AFA) to WSP in
the Preliminary Determination,
pursuant to section 776(b) of the Act.3
In the Preliminary Decision Memo,
we stated that ‘‘{i}t is the Department’s
practice to use the highest rate from the
petition in an investigation when a
respondent fails to act to the best of its
ability to provide the necessary
information.4 Therefore, because an
2 See Preliminary Determination and the
accompanying Preliminary Decision Memorandum.
3 See section 776(b) of the Act; see also 19 CFR
351.308(c); and Statement of Administrative Action,
H.R. Doc. No. 103–316, vol. I (1994) at 829–831.
4 See Preliminary Decision Memorandum (citing
Notice of Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final
E:\FR\FM\18JYN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41976-41978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16865]
-----------------------------------------------------------------------
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
AGENCY: 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 weighted-average 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:
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, we conducted a hearing in this investigation.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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,
[[Page 41977]]
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.
Analysis of the Comments Received
All issues raised in the case briefs by parties to this
investigation are addressed in the Issues and Decision Memorandum.\4\ A
list of the issues which parties raised and to which we responded is in
the Issues and Decision Memorandum and 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). IA ACCESS is available to registered users at https://iaaccess.trade.gov and it is available to all parties in the Central
Records Unit (CRU), 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://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic versions of the Issues and Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\4\ See the memorandum from Deputy Assistant Secretary Christian
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled
``Issues and Decision Memorandum for the Final Affirmative
Determination in the Less than Fair Value Investigation of Certain
Oil Country Tubular Goods from the Republic of the Philippines''
dated concurrently with this notice and hereby adopted by this
notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, pre-verification
corrections, and our findings at verifications, we made certain changes
to the margin calculations for HLD Clark.\5\
---------------------------------------------------------------------------
\5\ For a discussion of these changes, see Memorandum to Neal
Halper entitled ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Determination--HLD Clark Steel
Pipe Co. Inc.,'' dated concurrently with this notice and Memorandum
to the File entitled ``Final Determination of Sales at Less Than
Fair Value in the Antidumping Duty Investigation of Certain Oil
Country Tubular Goods from the Republic of the Philippines--Analysis
Memorandum for HLD Clark Steel Pipe Co., Inc.,'' dated concurrently
with this notice.
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Verification
As provided in section 782(i) of the Act, we conducted sales and
cost verifications of the questionnaire responses submitted by HLD
Clark. We used standard verification procedures, including examination
of relevant accounting and production records, as well as original
source documents provided by HLD Clark.\6\
---------------------------------------------------------------------------
\6\ See Memorandum to the File entitled ``Verification of the
Sales Response of HLD Clark Steel Pipe Co., Inc., in the Less-Than-
Fair-Value Investigation of Certain Oil Country Tubular Goods from
the Republic of the Philippines,'' dated April 10, 2014, and
Memorandum to the File entitled ``Verification of the Cost Response
of HLD Clark Steel Pipe Co., Inc. in the Antidumping Duty
Investigation of Certain Oil Country Tubular Goods from the Republic
of the Philippines,'' dated May 13, 2014.
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Final Determination
The Department determines that the following dumping margins exist
for the period July 1, 2012, through June 30, 2013:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
HLD Clark Steel Pipe Co., Inc........................... 9.88
All Others.............................................. 9.88
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, the Department will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of certain oil country tubular goods
from the Republic of the Philippines which were entered, or withdrawn
from warehouse, for consumption on or after February 25, 2014, the date
of publication of the Preliminary Determination. 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 HLD Clark
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 9.88 percent, as discussed in the ``All Others Rate''
section, below. These suspension of liquidation instructions will
remain in effect until further notice.
All Others Rate
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. The ``All Others'' rate is based on the weighted-average
dumping margin calculated for HLD Clark, the only company for which the
Department calculated a rate.\7\
---------------------------------------------------------------------------
\7\ See section 735(c)(5)(A) of the Act.
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U.S. International Trade Commission Notification
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 all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Return or Destruction of Proprietary Information
This notice will serve as a reminder to parties subject to
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 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.
[[Page 41978]]
We are issuing and publishing this determination and notice
pursuant to sections 735(d) and 777(i)(l) of the Act.
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. Steel Grade Product Characteristic
2. Differential Pricing Analysis
3. Calculation of Short Term Borrowing Rate
VII. Recommendation
[FR Doc. 2014-16865 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P
