Certain Oil Country Tubular Goods From Ukraine: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 41969-41971 [2014-16875]
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sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
III. Critical Circumstances
IV. Subsidies Valuation Information
A. Period of Investigation
B. Allocation Period
C. Cross-Ownership and Attribution of
Subsidies
D. Denominators
E. Benchmarks and Discount Rates
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Analysis of Programs
A. Programs Determined To Be
Countervailable
B. Programs Determined To Be Not Used or
Not To Confer a Benefit During the POI
C. Programs Determined Not To Exist
D. Programs Determined To Be Terminated
E. Programs Determined To Be Not
Countervailable
VII. Analysis of Comments
Comment 1: Whether Adverse Inferences Are
Warranted When Determining the POI
Value of Jindal SAW’s Company-Wide
Sales and Company-Wide Export Sales
Comment 2: Whether the Appropriate
Financial Statements Were Used in
Calculating Jindal SAW’s Sales Value
and Denominator
Comment 3: Whether MSL’s Reported Sales
Values Should Be Adjusted
Comment 4: Whether Certain Sales Should
Be Excluded From the Value of GVN’s
Export Sales
Comment 5: Whether the Denominator Used
To Calculate Jindal SAW’s Ad Valorem
Subsidy Rate for the Duty Drawback
Scheme Should Be Revised
Comment 6: Whether Deemed Exports
Should Be Included in the Denominator
When Calculating the Subsidy Rates for
Duty Drawback or Other Programs
Comment 7: Whether the Advance
Authorization Scheme Is an
Countervailable Subsidy
Comment 8: Whether Jindal SAW’s Reported
Benefits Under the Advance
Authorization Program (AAP) are
Countervailable
Comment 9: Whether AFA Is Warranted
When Countervailing Jindal SAW’s Use
of the Advance Authorization Program
(AAP)
Comment 10: Whether Jindal SAW’s Pre- and
Post-Shipment Financing Is
Countervailable Because It Is Based on
Commercial Loans
Comment 11: Whether Jindal SAW’s EPCG
Benefits Received by Divisions
Producing Non-OCTG Products Are
Countervailable
Comment 12: Whether Benefits Received by
Jindal SAW Under the Focus Product
Scheme Should Be Countervailed
Comment 13: Whether Benefits Received by
Jindal SAW Under the Export Oriented
Unit (EOU) Scheme Should Be
Countervailed
Comment 14: Whether Provisional Measures
Should Be Applied to Jindal SAW’s
Imports of Subject Merchandise
Comment 15: Whether the SGUP Entry Tax
Is a Countervailable Subsidy
Comment 16: Whether the SGOM PSI–2007
or PSI–1988 Are Countervailable
Subsidies
Comment 17: Whether the Provision of Hot-
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23:20 Jul 17, 2014
Jkt 232001
Rolled Steel by the Steel Authority
(SAIL) of India Is a Countervailable
Subsidy
Comment 18: Whether To Adjust Benchmark
and Freight in the Subsidy Rate
Calculation for Hot-Rolled Coil From
SAIL at Less Than Adequate
Remuneration
Comment 19: Whether the Benefit
Calculation for the SGOM Sales Tax
Deferral Program Is Incorrect
[FR Doc. 2014–16859 Filed 7–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–815]
Certain Oil Country Tubular Goods
From Ukraine: Final Determination of
Sales at Less Than Fair Value and
Final Negative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of oil country tubular goods
(OCTG) from Ukraine are being, or are
likely to be, sold in the United States at
less than fair value (LTFV), as provided
in section 735 of the Tariff Act of 1930,
as amended (the Act). The period of
investigation is July 1, 2012, through
June 30, 2013. The final weightedaverage dumping margins are listed
below in the section entitled ‘‘Final
Determination Margins.’’
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT:
David Lindgren, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3870.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 25, 2014, the Department
published in the Federal Register the
preliminary determination of sales at
LTFV in the antidumping duty
investigation of OCTG from Ukraine.1
The following events occurred since the
Preliminary Determination was issued.
We issued supplemental sales and cost
1 See Certain Oil Country Tubular Goods from
Ukraine: Preliminary Determination of Sales at Less
Than Fair Value, Negative Preliminary
Determination of Critical Circumstances, and
Postponement of Final Determination, 79 FR 10482
(February 25, 2014) (Preliminary Determination).
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Sfmt 4703
41969
questionnaires to Interpipe,2 and
received responses to these
supplemental questionnaires in March
2014. Also, in May 2014, Interpipe
submitted revised sales databases
pursuant to the Department’s requests.
On March 27, 2014, the petitioners 3
requested that the Department hold a
hearing in this investigation and,
subsequently, on June 3, 2014, the
petitioners withdrew their hearing
request.4 Between March 24, and April
15, 2014, the Department conducted
sales and cost verifications of Interpipe,
in accordance with section 782(i) of the
Act. On May 28, and June 4, 2014, the
petitioners and Interpipe submitted case
and rebuttal briefs, respectively.
The Department issued a draft
suspension agreement on June 10, 2014
and received comments from interested
parties on June 17, 2014. On July 1 and
3, 2014, we received requests from
petitioners and Interpipe, respectively,
requesting that we continue the
investigation, should we enter into a
suspension agreement. Subsequently, on
July 10, 2014, the Department signed a
suspension agreement with Interpipe
(the Agreement).
Scope of the Investigation
The merchandise covered by this
investigation is certain oil country
tubular goods (OCTG), which are hollow
steel products of circular cross-section,
including oil well casing and tubing, of
iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or
welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or
threaded and coupled) whether or not
conforming to American Petroleum
Institute (API) or non-API
specifications, whether finished
(including limited service OCTG
products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
2 The Department preliminarily determined that
Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC
Interpipe Niznedneprovsky Tube Rolling Plant (aka
Interpipe NTRP); LLC Interpipe Niko Tube; North
American Interpipe, Inc. (collectively, Interpipe) are
affiliated and should be considered a single entity.
For this final determination, we continue to find
that these companies are affiliated. For a more
detailed discussion on the Department’s analysis
regarding affiliation and treatment of Interpipe
Europe S.A. and certain affiliated companies as a
single entity, see Preliminary Determination and
accompanying Preliminary Determination
Memorandum at 5–8.
3 Boomerang Tube, Energex Tube, a division of
JMC Steel Group, Maverick Tube Corporation,
Northwest Pipe Company, Tejas Tubular Products,
TMK IPSCO, United States Steel Corporation,
Vallourec Star, L.P., and Welded Tube USA Inc.
(collectively, the petitioners).
4 See U.S. Steel’s March 27, 2014 Hearing
Request; see also U.S. Steel’s June 3, 2014 Request
to Withdrawal the Hearing Request.
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
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.5 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 margin calculations. For a
discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
Verification
sroberts on DSK5SPTVN1PROD with NOTICES
As provided in section 782(i) of the
Act, in March and April, 2014, we
verified the sales and cost information
submitted by Interpipe 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 Interpipe.6
5 See 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 Country
Tubular Goods from Ukraine’’ (Issues and Decision
Memorandum), which is dated concurrently with
and hereby adopted by this notice.
6 See Memorandum to the File regarding
‘‘Verification of the Cost Response of Interpipe
Limited in the Antidumping Duty Investigation of
Oil Country Tubular Goods from Ukraine,’’ dated
May 8, 2014; see also Memorandum to the File
regarding ‘‘Verification of the Sales Responses of
Interpipe in the Antidumping Duty Investigation of
Oil Country Tubular Goods from Ukraine,’’ dated
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23:20 Jul 17, 2014
Jkt 232001
Final Negative Determination of
Critical Circumstances
In the Preliminary Determination, the
Department found that there was no
basis to believe or suspect the existence
of critical circumstances with respect to
imports of OCTG from Ukraine, in
accordance with section 733(e)(1) of the
Act and 19 CFR 351.206(c)(1).7 In
accordance with section 735(a)(1)(3) of
the Act, we continue to find that critical
circumstances do not exist with respect
to imports from Interpipe or all other
producers or exporters of OCTG from
Ukraine.8
Final Determination Margins
The weighted-average dumping
margins are as follows:
with section 773(f)(2)(A) of the Act, we
will instruct U.S. Customs and Border
Protection to terminate the suspension
of liquidation of all entries of OCTG
from Ukraine. Any cash deposits of
entries of OCTG from Ukraine shall be
refunded. Pursuant to the requests for
continuation discussed above, we have
continued and completed the
investigation in accordance with section
734(g) of the Act. We found the
antidumping duty margins noted above
in the ‘‘Final Determination Margins’’
section.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
Weightedaverage
our final determination. Because our
Exporter or producer
dumping
final determination is affirmative, the
margin
ITC will, within 45 days, determine
(percent)
whether these imports are materially
Interpipe Europe S.A.; Interpipe
injuring, or threatening material injury
Ukraine LLC; PJSC Interpipe
to, the U.S. industry. If the ITC
Niznedneprovsky Tube Rolldetermines that material injury, or
ing Plant (aka Interpipe
threat of material injury does not exist,
NTRP); LLC Interpipe Niko
Tube ......................................
6.73 the Agreement will have no force or
All Others ..................................
6.73 effect, and the investigation shall be
terminated.9 If the ITC determines that
Section 735(c)(5)(A) of the Act provides such injury does exist, the Agreement
that the estimated ‘‘all others’’ rate shall shall remain in force but the Department
be an amount equal to the weighted
shall not issue an antidumping order so
average of the weighted-average
long as (1) the Agreement remains in
dumping margins calculated for the
force, (2) the Agreement continues to
producers or exporters individually
meet the requirements of subsections (d)
examined, excluding rates that are zero,
and (l) of the Act, and (3) the parties to
de minimis or determined entirely
the Agreement carry out their
under section 776 of the Act. The ‘‘All
obligations under the Agreement in
Others’’ rate is based on the weightedaccordance with its terms.10
average dumping margin calculated for
Interpipe, the sole mandatory
Return or Destruction of Proprietary
respondent in the investigation.
Information
Disclosure
This notice will serve as the only
We will disclose the calculations
reminder to parties subject to
performed within five days of the date
administrative protective order (APO) of
of publication of this notice to parties in their responsibility concerning the
this proceeding in accordance with 19
destruction of proprietary information
CFR 351.224(b).
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
Termination of Suspension of
written notification of return/
Liquidation
destruction or APO materials or
As noted above, on July 10, 2014, the
conversion to judicial protective order is
Department signed a suspension
hereby requested. Failure to comply
agreement with Interpipe (the
with the regulations and the terms of an
Agreement). Therefore, in accordance
APO is a sanctionable violation.
May 19, 2014; Memorandum to the File regarding
We are issuing and publishing this
‘‘Verification of the U.S. Sales Responses of
determination and notice in accordance
Interpipe in the Antidumping Duty Investigation of
with sections 735(d) and 777(i) of the
Oil Country Tubular Goods from Ukraine,’’ dated
May 19, 2014.
Act.
7 See Preliminary Determination, 79 FR at 10483
and accompanying Preliminary Determination
Memorandum at 16–18.
8 See Issues and Decision Memorandum at
‘‘Critical Circumstances.’’
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Fmt 4703
Sfmt 4703
9 See
section 734(f)(3)(A) of the Act.
section 734(f)(3)(B) of the Act.
10 See
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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.
sroberts on DSK5SPTVN1PROD with NOTICES
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
I. Summary
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23:20 Jul 17, 2014
Jkt 232001
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
1. Re-Export Sales
2. Reject Merchandise
3. Interpipe’s U.S. and Home Market
Packing Costs
4. Differences Between Theoretical and
Actual Weights
5. Payment Information Provided at
Verification as Minor Correction
6. Major Input Adjustment
7. Revalued Depreciation
8. Impairment Losses
9. Cost Verification Findings
VII. Recommendation
[FR Doc. 2014–16875 Filed 7–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–816]
Certain Oil Country Tubular Goods
From the Republic of Turkey: Final
Determination of Sales at Less Than
Fair Value and Affirmative Final
Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of certain oil country tubular
goods (OCTG) from the Republic of
Turkey 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:
Catherine Cartsos, 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)
482–1757.
SUPPLEMENTARY INFORMATION:
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
the Republic of Turkey: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Negative Preliminary Determination of Critical
Circumstances, and Postponement of Final
Determination, 79 FR 10484 (February 25, 2014)
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41971
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 (e) and invited
parties to comment on our Preliminary
Determination. We received case and
rebuttal briefs from Maverick (one of the
petitioners),2 Cayirova Boru Sanayi ve
¸
¨
Ticaret A.S. and Yucel Boru Ithalat¸
Ihracat ve Pazarlama A.S. (collectively
¸
¨
Yucel), and a rebuttal brief from
Borusan Mannesmann Boru Sanayi ve
Ticaret and Borusan Istikbal Ticaret
(collectively Borusan) in May and June
2014. On June 13, 2014, 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,
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 Boomerang Tube, Energex Tube, a division of
JMC Steel Group, Maverick Tube Corporation
(Maverick), Northwest Pipe Company, Tejas
Tubular Products, TMK IPSCO, United States Steel
Corporation, Vallourec Star, L.P., and Welded Tube
USA Inc. (collectively, the petitioners).
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]]>Agencies
[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41969-41971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16875]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-815]
Certain Oil Country Tubular Goods From Ukraine: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances
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 Ukraine are being, or
are likely to be, sold in the United States at less than fair value
(LTFV), as provided in section 735 of the Tariff Act of 1930, as
amended (the Act). The period of investigation is July 1, 2012, through
June 30, 2013. The final weighted-average dumping margins are listed
below in the section entitled ``Final Determination Margins.''
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3870.
SUPPLEMENTARY INFORMATION:
Background
On February 25, 2014, the Department published in the Federal
Register the preliminary determination of sales at LTFV in the
antidumping duty investigation of OCTG from Ukraine.\1\ The following
events occurred since the Preliminary Determination was issued. We
issued supplemental sales and cost questionnaires to Interpipe,\2\ and
received responses to these supplemental questionnaires in March 2014.
Also, in May 2014, Interpipe submitted revised sales databases pursuant
to the Department's requests.
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods from Ukraine:
Preliminary Determination of Sales at Less Than Fair Value, Negative
Preliminary Determination of Critical Circumstances, and
Postponement of Final Determination, 79 FR 10482 (February 25, 2014)
(Preliminary Determination).
\2\ The Department preliminarily determined that Interpipe
Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky
Tube Rolling Plant (aka Interpipe NTRP); LLC Interpipe Niko Tube;
North American Interpipe, Inc. (collectively, Interpipe) are
affiliated and should be considered a single entity. For this final
determination, we continue to find that these companies are
affiliated. For a more detailed discussion on the Department's
analysis regarding affiliation and treatment of Interpipe Europe
S.A. and certain affiliated companies as a single entity, see
Preliminary Determination and accompanying Preliminary Determination
Memorandum at 5-8.
---------------------------------------------------------------------------
On March 27, 2014, the petitioners \3\ requested that the
Department hold a hearing in this investigation and, subsequently, on
June 3, 2014, the petitioners withdrew their hearing request.\4\
Between March 24, and April 15, 2014, the Department conducted sales
and cost verifications of Interpipe, in accordance with section 782(i)
of the Act. On May 28, and June 4, 2014, the petitioners and Interpipe
submitted case and rebuttal briefs, respectively.
---------------------------------------------------------------------------
\3\ Boomerang Tube, Energex Tube, a division of JMC Steel Group,
Maverick Tube Corporation, Northwest Pipe Company, Tejas Tubular
Products, TMK IPSCO, United States Steel Corporation, Vallourec
Star, L.P., and Welded Tube USA Inc. (collectively, the
petitioners).
\4\ See U.S. Steel's March 27, 2014 Hearing Request; see also
U.S. Steel's June 3, 2014 Request to Withdrawal the Hearing Request.
---------------------------------------------------------------------------
The Department issued a draft suspension agreement on June 10, 2014
and received comments from interested parties on June 17, 2014. On July
1 and 3, 2014, we received requests from petitioners and Interpipe,
respectively, requesting that we continue the investigation, should we
enter into a suspension agreement. Subsequently, on July 10, 2014, the
Department signed a suspension agreement with Interpipe (the
Agreement).
Scope of the Investigation
The merchandise covered by this investigation is certain oil
country tubular goods (OCTG), which are hollow steel products of
circular cross-section, including oil well casing and tubing, of iron
(other than cast iron) or steel (both carbon and alloy), whether
seamless or welded, regardless of end finish (e.g., whether or not
plain end, threaded, or threaded and coupled) whether or not conforming
to American Petroleum Institute (API) or non-API specifications,
whether finished (including limited service OCTG products) or
unfinished (including green tubes and limited service OCTG products),
whether or not thread
[[Page 41970]]
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.\5\ 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.
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\5\ See 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 Country Tubular Goods from Ukraine'' (Issues and
Decision Memorandum), which is dated concurrently with and hereby
adopted by this notice.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations. 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 Interpipe 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
Interpipe.\6\
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\6\ See Memorandum to the File regarding ``Verification of the
Cost Response of Interpipe Limited in the Antidumping Duty
Investigation of Oil Country Tubular Goods from Ukraine,'' dated May
8, 2014; see also Memorandum to the File regarding ``Verification of
the Sales Responses of Interpipe in the Antidumping Duty
Investigation of Oil Country Tubular Goods from Ukraine,'' dated May
19, 2014; Memorandum to the File regarding ``Verification of the
U.S. Sales Responses of Interpipe in the Antidumping Duty
Investigation of Oil Country Tubular Goods from Ukraine,'' dated May
19, 2014.
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Final Negative Determination of Critical Circumstances
In the Preliminary Determination, the Department found that there
was no basis to believe or suspect the existence of critical
circumstances with respect to imports of OCTG from Ukraine, in
accordance with section 733(e)(1) of the Act and 19 CFR
351.206(c)(1).\7\ In accordance with section 735(a)(1)(3) of the Act,
we continue to find that critical circumstances do not exist with
respect to imports from Interpipe or all other producers or exporters
of OCTG from Ukraine.\8\
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\7\ See Preliminary Determination, 79 FR at 10483 and
accompanying Preliminary Determination Memorandum at 16-18.
\8\ See Issues and Decision Memorandum at ``Critical
Circumstances.''
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Final Determination Margins
The weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC 6.73
Interpipe Niznedneprovsky Tube Rolling Plant (aka
Interpipe NTRP); LLC Interpipe Niko Tube..................
All Others................................................. 6.73
------------------------------------------------------------------------
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. The ``All
Others'' rate is based on the weighted-average dumping margin
calculated for Interpipe, the sole mandatory respondent in the
investigation.
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).
Termination of Suspension of Liquidation
As noted above, on July 10, 2014, the Department signed a
suspension agreement with Interpipe (the Agreement). Therefore, in
accordance with section 773(f)(2)(A) of the Act, we will instruct U.S.
Customs and Border Protection to terminate the suspension of
liquidation of all entries of OCTG from Ukraine. Any cash deposits of
entries of OCTG from Ukraine shall be refunded. Pursuant to the
requests for continuation discussed above, we have continued and
completed the investigation in accordance with section 734(g) of the
Act. We found the antidumping duty margins noted above in the ``Final
Determination Margins'' section.
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, the ITC will, within 45
days, determine whether these imports are materially injuring, or
threatening material injury to, the U.S. industry. If the ITC
determines that material injury, or threat of material injury does not
exist, the Agreement will have no force or effect, and the
investigation shall be terminated.\9\ If the ITC determines that such
injury does exist, the Agreement shall remain in force but the
Department shall not issue an antidumping order so long as (1) the
Agreement remains in force, (2) the Agreement continues to meet the
requirements of subsections (d) and (l) of the Act, and (3) the parties
to the Agreement carry out their obligations under the Agreement in
accordance with its terms.\10\
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\9\ See section 734(f)(3)(A) of the Act.
\10\ See section 734(f)(3)(B) of the Act.
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Return or Destruction of Proprietary Information
This notice will serve as the only reminder to parties subject to
administrative protective order (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.
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
[[Page 41971]]
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
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
1. Re-Export Sales
2. Reject Merchandise
3. Interpipe's U.S. and Home Market Packing Costs
4. Differences Between Theoretical and Actual Weights
5. Payment Information Provided at Verification as Minor
Correction
6. Major Input Adjustment
7. Revalued Depreciation
8. Impairment Losses
9. Cost Verification Findings
VII. Recommendation
[FR Doc. 2014-16875 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P
