Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances: Certain Oil Country Tubular Goods From India, 41981-41983 [2014-16868]
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
Final Determination
The Department determines that the
following weighted-average dumping
margins exist for the period July 1, 2012,
through June 30, 2013:
Manufacturer/exporter
Weightedaverage
margin
(percent)
margin for Chung Hung Steel Corp. was
zero, we assigned as the all others rate
the margin calculated for Tension Steel
Industries Co., Ltd., the only margin we
calculated that was neither de minimis
nor determined under section 776 of the
Act; that rate is 2.52 percent.
sroberts on DSK5SPTVN1PROD with NOTICES
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
Chung Hung Steel Corp. ..........
0.00
the Act, we notified the U.S.
Tension Steel Industries Co.,
Ltd. ........................................
2.52 International Trade Commission (ITC) of
All Others ..................................
2.52 our final determination. As our final
determination is affirmative and our
amended preliminary determination
Suspension of Liquidation
was negative, in accordance with
Pursuant to section 735(c)(1)(C) of the
section 735(b)(3) of the Act, the ITC will
Act, the Department will instruct U.S.
determine within 75 days whether the
Customs and Border Protection (CBP) to
domestic industry in the United States
suspend liquidation of all entries of
is materially injured, or threatened with
certain oil country tubular goods from
material injury, by reason of imports or
Taiwan—with the exception of subject
merchandise produced and exported by sales (or the likelihood of sales) for
importation of the subject merchandise.
Chung Hung Steel Corp., for which we
If the ITC determines that such injury
found no weighted average dumping
exists, the Department will issue an
margin—which were entered, or
antidumping duty order directing CBP
withdrawn from warehouse, for
to assess, upon further instruction by
consumption on or after the date of
publication of this notice in the Federal the Department, antidumping duties on
all imports of the subject merchandise
Register. With the exception of subject
merchandise produced and exported by entered, or withdrawn from warehouse,
for consumption on or after the effective
Chung Hung Steel Corp., we will
date of the suspension of liquidation.
instruct CBP to require a cash deposit
equal to the weighted-average amount
Return or Destruction of Proprietary
by which normal value exceeds U.S.
Information
price, as follows: (1) The rate for
This notice serves as a reminder to
Tension Steel Industries Co., Ltd., will
parties subject to administrative
be the rate we determined in this final
protective order (APO) of their
determination; (2) if the exporter is not
responsibility concerning the
a firm identified in this investigation
disposition of proprietary information
but the producer is, the rate will be the
disclosed under APO in accordance
rate established for the producer of the
with 19 CFR 351.305. Timely
subject merchandise; (3) the rate for all
notification of the destruction of APO
other producers or exporters will be
materials or conversion to judicial
2.52 percent, as discussed in the ‘‘All
protective order is hereby requested.
Others Rate’’ section, below. These
Failure to comply with the regulations
suspension of liquidation instructions
will remain in effect until further notice. and the terms of an APO is a
sanctionable violation.
All Others Rate
This determination is issued and
published pursuant to sections 735(d)
Section 735(c)(5)(A) of the Act
and 777(i)(l) of the Act and 19 CFR
provides that the estimated ‘‘all others’’
351.210(b).
rate shall be an amount equal to the
weighted average of the estimated
Dated: July 10, 2014.
weighted-average dumping margins
Ronald K. Lorentzen,
established for exporters and producers
Acting Assistant Secretary, for Enforcement
individually investigated, excluding any and Compliance.
zero or de minimis margins, and any
Appendix
margins determined entirely under
List of Topics Discussed in the Issues and
section 776 of the Act. Because the
entitled ‘‘Verification of the Cost Response of
Chung Hung Steel Corp. in the Antidumping Duty
Investigation of Oil Country Tubular Goods
(‘‘OCTG’’) from Taiwan,’’ dated Apri1 22, 2014, and
Memorandum to the File entitled ‘‘Verification of
the Cost Response of Tension Steel Industries Co.,
Ltd. in the Antidumping Duty Investigation of
Certain Oil Country Tubular Goods from Taiwan,’’
dated Apri1 22, 2014.
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Jkt 232001
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. Affiliation
2. Collapsing
3. Rebates
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41981
4. Date of Sale
5. Treatment of Non-Prime Pipe
6. Depreciation
7. Value Added Tax
8. Certifications
VI. Recommendation
[FR Doc. 2014–16861 Filed 7–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–857]
Final Determination of Sales at Less
Than Fair Value and Final Negative
Determination of Critical
Circumstances: Certain Oil Country
Tubular Goods From India
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of oil country tubular goods
(OCTG) from India are being, or are
likely to be, sold in the United States at
less than fair value (LTFV), as provided
in section 735 of the Tariff Act of 1930,
as amended (the Act). The period of
investigation is July 1, 2012, through
June 30, 2013. The final weightedaverage dumping margins are listed
below in the section entitled ‘‘Final
Determination.’’
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT:
Emily Halle, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0176.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The events that occurred since the
Department published the Preliminary
Determination on February 25, 2014,1
are discussed in the Memorandum to
Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and
Compliance, from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less than Fair
Value Investigation of Certain Oil
1 See Certain Oil Country Tubular Goods From
India: Preliminary Determination of Sales at Less
Than Fair Value, Preliminary Affirmative
Determination of Critical Circumstances, in Part,
and Postponement of Final Determination, 79 FR
10493 (February 25, 2014) (Preliminary
Determination).
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41982
Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
Country Tubular Goods from India’’
(Issues and Decision Memorandum),
which is dated concurrently with and
hereby adopted by this notice.
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. For a complete
description of the scope of the
investigation, see Appendix I to this
notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum which is
hereby adopted by this notice. A list of
the issues raised is attached to this
notice as Appendix II. 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,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and 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 and our findings at
verification, we made certain changes to
the calculations of the weighted-average
dumping margins. For a discussion of
these changes, see the ‘‘Margin
Calculations’’ section of the Issues and
Decision Memorandum.
VerDate Mar<15>2010
23:20 Jul 17, 2014
Jkt 232001
Verification
As provided in section 782(i) of the
Act, in March and April, 2014, we
verified the sales and cost information
submitted by Jindal SAW Ltd. (Jindal
SAW) and GVN Fuels Limited (GVN) for
use in our final determination. We used
standard verification procedures
including an examination of relevant
accounting and production records, and
original source documents provided by
Jindal SAW and GVN.2
Final Negative Determination of
Critical Circumstances
In the Preliminary Determination, the
Department found that critical
circumstances exist for Jindal SAW, but
not for GVN or for all other producers
and exporters, in accordance with
section 733(e)(1) of the Act and 19 CFR
351.206(c)(1).3 Our analysis of the data
and comments submitted by interested
parties leads us to change our findings
from the Preliminary Determination.4
Therefore, in accordance with section
735(a)(3) of the Act, we find that critical
circumstances do not exist with respect
to imports from Jindal SAW or GVN, or
all other producers or exporters of
OCTG from India.
de minimis or determined entirely
under section 776 of the Act. We
calculated an above de minimis
weighted-average dumping margin for
both of the mandatory respondents not
based entirely on section 776 of the Act,
but in weight-averaging these margins to
arrive at the all others rate, we used
public data so as not to disclose the
proprietary information of Jindal SAW
and GVN.5
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).
Suspension of Liquidation
For GVN, because the Preliminary
Determination was negative, the
Department will instruct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all appropriate entries of
subject merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this final determination, in
accordance with section 735(c)(1)(C) of
the Act. For Jindal SAW and for all
other producers or exporters, the
Department will instruct CBP to
Final Determination
continue to suspend liquidation of all
The weighted-average dumping
appropriate entries of subject
margins for this final determination are
merchandise that were entered, or
as follows:
withdrawn from warehouse, for
consumption on or after February 25,
Weighted2014, the publication date of the
average
Exporter or producer
dumping
Preliminary Determination in the
margin
Federal Register. We find that critical
(percent)
circumstances do not exist for Jindal
Jindal SAW Ltd .........................
9.91 SAW, GVN or any of the all other
producers or exporters. Accordingly, we
GVN Fuels Limited,
will instruct CBP to liquidate all
Maharashtra Seamless Limited and Jindal Pipe Limited
2.05 appropriate entries of subject
All Others ..................................
5.79 merchandise without regard to
antidumping duties from Jindal SAW
Section 735(c)(5)(A) of the Act provides that were suspended prior to the
that the estimated ‘‘all others’’ rate shall publication date of the Preliminary
be an amount equal to the weighted
Determination.
average of the weighted-average
Further, the Department will instruct
dumping margins calculated for the
CBP to require a cash deposit equal to
producers or exporters individually
the weighted-average amount by which
examined, excluding rates that are zero, the normal value exceeds U.S. price,
adjusted where appropriate for export
2 See the memoranda, ‘‘Verification of the Sales
subsidies, as follows: (1) The rate for
Response of Jindal SAW Ltd. in the Antidumping
Jindal SAW and GVN, when adjusted
Duty Investigation of Oil Country Tubular Goods
for export subsidies, is zero percent; (2)
from India,’’ May 5, 2014; ‘‘Verification of the Sales
if the exporter is not a firm identified in
Response of GVN Fuels Ltd in the Antidumping
this investigation, but the producer is,
Duty Investigation of Oil Country Tubular Goods
from India,’’ May 5, 2014; and ‘‘Verification of the
the rate will be the rate established for
Sales Response of Jindal SAW USA LLC and Jindal
the producer of the subject
SAW’s U.S. Branch in the Antidumping Duty
merchandise, less export subsidies; (3)
Investigation of Oil Country Tubular Goods from
the rate for all other producers or
India,’’ May 5, 2014.
3 See Preliminary Determination, 79 FR 10493,
10494.
4 For a full description of the methodology and
results of our analysis, see the Issues and Decision
Memorandum.
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5 See Memorandum, ‘‘Calculation of the Final
Determination All-Others Rate,’’ July 10, 2014 (AllOthers Rate Memorandum), providing the precise
calculation relying on public information.
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary, for Enforcement
and Compliance.
exporters when adjusted for export
subsidies is zero percent.6
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of our final
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 51.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice will serve as the only
reminder to parties subject to an APO of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction or 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
sroberts on DSK5SPTVN1PROD with NOTICES
We are issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i) of the
Act.
6 Consistent with the Department’s normal
practice, because we calculated the ‘‘All Others
Rate’’ in this investigation by weight-averaging
public data from the two mandatory respondents,
the ‘‘All Others Rate’’ included an export subsidy
rate equal to the average of the CVD export subsidy
rates applicable to the mandatory respondents. See
Utility Scale Wind Towers From the People’s
Republic of China: Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 77 FR 46034, 46043 (August
2, 2012); see also All-Others Rate Memorandum for
the derivation of the All-Others export subsidies.
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23:20 Jul 17, 2014
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Appendix I
Scope of the Investigation
The merchandise covered by the
investigation is certain oil country tubular
goods (OCTG), which are hollow steel
products of circular cross-section, including
oil well casing and tubing, of iron (other than
cast iron) or steel (both carbon and alloy),
whether seamless or welded, regardless of
end finish (e.g., whether or not plain end,
threaded, or threaded and coupled) whether
or not conforming to American Petroleum
Institute (API) or non-API specifications,
whether finished (including limited service
OCTG products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread protectors
are attached. The scope of the investigation
also covers OCTG coupling stock.
Excluded from the scope of the
investigation are: Casing or tubing containing
10.5 percent or more by weight of chromium;
drill pipe; unattached couplings; and
unattached thread protectors.
The merchandise subject to the
investigation is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under item numbers:
7304.29.10.10, 7304.29.10.20, 7304.29.10.30,
7304.29.10.40, 7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10, 7304.29.20.20,
7304.29.20.30, 7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80, 7304.29.31.10,
7304.29.31.20, 7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60, 7304.29.31.80,
7304.29.41.10, 7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50, 7304.29.41.60,
7304.29.41.80, 7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60, 7304.29.50.75,
7304.29.61.15, 7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75, 7305.20.20.00,
7305.20.40.00, 7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90, 7306.29.20.00,
7306.29.31.00, 7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the
investigation may also enter under the
following HTSUS item numbers:
7304.39.00.24, 7304.39.00.28, 7304.39.00.32,
7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72,
7304.39.00.76, 7304.39.00.80, 7304.59.60.00,
7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50, 7304.59.80.55,
7304.59.80.60, 7304.59.80.65, 7304.59.80.70,
7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50,
and 7306.50.50.70.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
1. Summary
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41983
2. Background
3. Critical Circumstances
4. Scope of the Investigation
5. Margin Calculations
6. Discussion of the Issues
7. Recommendation
[FR Doc. 2014–16868 Filed 7–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea: 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 of Commerce
(the Department) determines that
imports of oil country tubular goods
from the Republic of Korea are being
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 below in the section
entitled ‘‘Final Determination Margins.’’
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Deborah Scott, 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) 482–5075 or (202) 482–
2657.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 25, 2014, the Department
published in the Federal Register the
preliminary determination in the LTFV
investigation of OCTG from the
Republic of Korea.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
1 See Certain Oil Country Tubular Goods From
the Republic of Korea: Negative Preliminary
Determination of Sales at Less Than Fair Value,
Negative Preliminary Determination of Critical
Circumstances and Postponement of Final
Determination, 79 FR 10480 (February 25, 2014)
(Preliminary Determination).
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]]>Agencies
[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41981-41983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16868]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-857]
Final Determination of Sales at Less Than Fair Value and Final
Negative Determination of Critical Circumstances: Certain Oil Country
Tubular Goods From India
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
imports of oil country tubular goods (OCTG) from India are being, or
are likely to be, sold in the United States at less than fair value
(LTFV), as provided in section 735 of the Tariff Act of 1930, as
amended (the Act). The period of investigation is July 1, 2012, through
June 30, 2013. The final weighted-average dumping margins are listed
below in the section entitled ``Final Determination.''
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0176.
SUPPLEMENTARY INFORMATION:
Background
The events that occurred since the Department published the
Preliminary Determination on February 25, 2014,\1\ are discussed in the
Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, ``Issues
and Decision Memorandum for the Final Affirmative Determination in the
Less than Fair Value Investigation of Certain Oil
[[Page 41982]]
Country Tubular Goods from India'' (Issues and Decision Memorandum),
which is dated concurrently with and hereby adopted by this notice.
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods From India:
Preliminary Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, and Postponement of Final Determination, 79 FR 10493 (February
25, 2014) (Preliminary Determination).
---------------------------------------------------------------------------
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. For a complete
description of the scope of the investigation, see Appendix I to this
notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum
which is hereby adopted by this notice. A list of the issues raised is
attached to this notice as Appendix II. 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, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly at
https://enforcement.trade.gov/frn/. The signed and electronic versions
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 made certain changes to the calculations of the
weighted-average dumping margins. For a discussion of these changes,
see the ``Margin Calculations'' section of the Issues and Decision
Memorandum.
Verification
As provided in section 782(i) of the Act, in March and April, 2014,
we verified the sales and cost information submitted by Jindal SAW Ltd.
(Jindal SAW) and GVN Fuels Limited (GVN) for use in our final
determination. We used standard verification procedures including an
examination of relevant accounting and production records, and original
source documents provided by Jindal SAW and GVN.\2\
---------------------------------------------------------------------------
\2\ See the memoranda, ``Verification of the Sales Response of
Jindal SAW Ltd. in the Antidumping Duty Investigation of Oil Country
Tubular Goods from India,'' May 5, 2014; ``Verification of the Sales
Response of GVN Fuels Ltd in the Antidumping Duty Investigation of
Oil Country Tubular Goods from India,'' May 5, 2014; and
``Verification of the Sales Response of Jindal SAW USA LLC and
Jindal SAW's U.S. Branch in the Antidumping Duty Investigation of
Oil Country Tubular Goods from India,'' May 5, 2014.
---------------------------------------------------------------------------
Final Negative Determination of Critical Circumstances
In the Preliminary Determination, the Department found that
critical circumstances exist for Jindal SAW, but not for GVN or for all
other producers and exporters, in accordance with section 733(e)(1) of
the Act and 19 CFR 351.206(c)(1).\3\ Our analysis of the data and
comments submitted by interested parties leads us to change our
findings from the Preliminary Determination.\4\ Therefore, in
accordance with section 735(a)(3) of the Act, we find that critical
circumstances do not exist with respect to imports from Jindal SAW or
GVN, or all other producers or exporters of OCTG from India.
---------------------------------------------------------------------------
\3\ See Preliminary Determination, 79 FR 10493, 10494.
\4\ For a full description of the methodology and results of our
analysis, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Determination
The weighted-average dumping margins for this final determination
are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Jindal SAW Ltd............................................. 9.91
GVN Fuels Limited, Maharashtra Seamless Limited and Jindal 2.05
Pipe Limited..............................................
All Others................................................. 5.79
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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
weighted-average dumping margins calculated for the producers or
exporters individually examined, excluding rates that are zero, de
minimis or determined entirely under section 776 of the Act. We
calculated an above de minimis weighted-average dumping margin for both
of the mandatory respondents not based entirely on section 776 of the
Act, but in weight-averaging these margins to arrive at the all others
rate, we used public data so as not to disclose the proprietary
information of Jindal SAW and GVN.\5\
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\5\ See Memorandum, ``Calculation of the Final Determination
All-Others Rate,'' July 10, 2014 (All-Others Rate Memorandum),
providing the precise calculation relying on public information.
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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).
Suspension of Liquidation
For GVN, because the Preliminary Determination was negative, the
Department will instruct U.S. Customs and Border Protection (CBP) to
suspend liquidation of all appropriate entries of subject merchandise
that are entered, or withdrawn from warehouse, for consumption on or
after the publication date of this final determination, in accordance
with section 735(c)(1)(C) of the Act. For Jindal SAW and for all other
producers or exporters, the Department will instruct CBP to continue to
suspend liquidation of all appropriate entries of subject merchandise
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. We find that critical
circumstances do not exist for Jindal SAW, GVN or any of the all other
producers or exporters. Accordingly, we will instruct CBP to liquidate
all appropriate entries of subject merchandise without regard to
antidumping duties from Jindal SAW that were suspended prior to the
publication date of the Preliminary Determination.
Further, the Department will instruct CBP to require a cash deposit
equal to the weighted-average amount by which the normal value exceeds
U.S. price, adjusted where appropriate for export subsidies, as
follows: (1) The rate for Jindal SAW and GVN, when adjusted for export
subsidies, is zero percent; (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, less
export subsidies; (3) the rate for all other producers or
[[Page 41983]]
exporters when adjusted for export subsidies is zero percent.\6\
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\6\ Consistent with the Department's normal practice, because we
calculated the ``All Others Rate'' in this investigation by weight-
averaging public data from the two mandatory respondents, the ``All
Others Rate'' included an export subsidy rate equal to the average
of the CVD export subsidy rates applicable to the mandatory
respondents. See Utility Scale Wind Towers From the People's
Republic of China: Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 77 FR 46034,
46043 (August 2, 2012); see also All-Others Rate Memorandum for the
derivation of the All-Others export subsidies.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our final determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information related to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order (APO), without the written consent of the Assistant
Secretary for Enforcement and Compliance.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 51.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries. Failure to comply with this requirement could
result in the Secretary's presumption that reimbursement of antidumping
duties occurred and the subsequent assessment of double antidumping
duties.
Administrative Protective Orders
This notice will serve as the only reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of return/destruction or 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
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary, for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the investigation is certain oil
country tubular goods (OCTG), which are hollow steel products of
circular cross-section, including oil well casing and tubing, of
iron (other than cast iron) or steel (both carbon and alloy),
whether seamless or welded, regardless of end finish (e.g., whether
or not plain end, threaded, or threaded and coupled) whether or not
conforming to American Petroleum Institute (API) or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service
OCTG products), whether or not thread protectors are attached. The
scope of the investigation also covers OCTG coupling stock.
Excluded from the scope of the investigation are: Casing or
tubing containing 10.5 percent or more by weight of chromium; drill
pipe; unattached couplings; and unattached thread protectors.
The merchandise subject to the investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the investigation may also enter
under the following HTSUS item numbers: 7304.39.00.24,
7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76,
7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20,
7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60,
7304.59.80.65, 7304.59.80.70, 7304.59.80.80, 7305.31.40.00,
7305.31.60.90, 7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and
7306.50.50.70.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
1. Summary
2. Background
3. Critical Circumstances
4. Scope of the Investigation
5. Margin Calculations
6. Discussion of the Issues
7. Recommendation
[FR Doc. 2014-16868 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P
