Certain Oil Country Tubular Goods From Thailand: Final Determination of Sales at Less Than Fair Value, 41978-41979 [2014-16866]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41978-41979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16866]


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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

AGENCY: 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:

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.
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    \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).
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    We did not receive any comments from parties.

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, 
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\
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    \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.
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    In the Preliminary Decision Memo, we stated that ``{i{time} 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

[[Page 41979]]

adverse inference is warranted, we assigned to WSP the highest margin 
alleged in the Petition, as referenced in Certain Oil Country Tubular 
Goods from India, the Republic of Korea, the Republic of the 
Philippines, Saudi Arabia, Taiwan, Thailand, the Republic of Turkey, 
Ukraine, and the Socialist Republic of Vietnam: Initiation of 
Antidumping Duty Investigations, 78 FR 45505 (July 29, 2013) 
(Initiation Notice) (i.e., 118.32 percent).'' \5\ Because there have 
been no changes from the Preliminary Determination, pursuant to section 
776 of the Act, the Department continues to find it appropriate to base 
WSP's rate on AFA. Further, we continue to find that the margin in the 
Petition, which we determined during our pre-initiation analysis was 
based on adequate and accurate information, and which we corroborated 
in the Preliminary Determination, is the appropriate AFA rate for 
WSP.\6\
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    \4\ See Preliminary Decision Memorandum (citing Notice of 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination: Purified Carboxymethylcellulose 
From Finland, 69 FR 77216, 77218 (December 27, 2004) (unchanged in 
Notice of Final Determination of Sales at Less Than Fair Value: 
Purified Carboxymethylcellulose From Finland, 70 FR 28279 (May 17, 
2005))).
    \5\ See Antidumping Duty Petition on Certain Oil Country Tubular 
Goods from Thailand, Supplemental Response (Thailand AD Supplement) 
dated July 12, 2013, at 6, and the July 22, 2013, Antidumping 
Investigation Initiation Checklist on Certain Oil Country Tubular 
Goods from Thailand (Initiation Checklist) on file in Enforcement 
and Compliance's Central Records Unit, at 8; see also Initiation 
Notice.
    \6\ See Preliminary Decision Memo at 6-10.
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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
                   Manufacturer/exporter                        margin
                                                              (percent)
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WSP Pipe Co., Ltd..........................................       118.32
All Others.................................................       118.32
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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 Thailand 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 WSP 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 
118.32 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. We cannot apply the methodology described in section 
735(c)(5)(A) of the Act to calculate the ``all others'' rate, as the 
only ``individually investigated'' margin in this final determination 
was determined entirely under section 776 of the Act. In cases where no 
weighted-average dumping margins besides zero, de minimis, or those 
determined entirely under section 776 of the Act have been established 
for individually investigated entities, in accordance with section 
735(c)(5)(B) of the Act, the Department averages the margins calculated 
by the petitioners in the petition and applies the result to all other 
entities not individually examined.\7\ In this case, however, 
petitioners provided only one margin in the Petition.\8\ Therefore, we 
continue to assign as the all others rate the only margin in the 
Petition; that rate is 118.32 percent.
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    \7\ See Notice of Preliminary Determination of Sales at Less 
Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909 (April 23, 2008); unchanged in Notice of Final 
Determination of Sales at Less Than Fair Value: Sodium Nitrite from 
the Federal Republic of Germany, 73 FR 38986 (July 8, 2008).
    \8\ See Initiation Notice; see also Initiation Checklist at 7-8.
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U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our final determination. 
Because 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 also serves 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 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.
    This determination is issued and published 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.
[FR Doc. 2014-16866 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P