Certain Oil Country Tubular Goods From India and the Republic of Turkey: Countervailing Duty Orders and Amended Affirmative Final Countervailing Duty Determination for India, 53688-53691 [2014-21705]
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53688
Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices
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Dated: September 3, 2014.
William A. Dunkelberger,
Forest Supervisor.
[FR Doc. 2014–21538 Filed 9–9–14; 8:45 am]
BILLING CODE 3411–15–P
Whereas, the Chattanooga Chamber
Foundation, grantee of Foreign-Trade
Zone 134, submitted an application to
the Board (FTZ Docket B–30–2014,
docketed 03–26–2014) for authority to
reorganize and expand under the ASF
with a service area consisting of the
Counties of Hamilton, Marion, Grundy,
Warren, Sequatchie, Bledsoe, Rhea,
Meigs, Bradley, Polk and McMinn,
within and adjacent to the Chattanooga
Customs and Border Protection port of
entry, to remove temporary Site 15, and
to categorize FTZ 134’s existing Sites 1,
2, 3, 9, 10 and 11 as magnet sites and
existing Sites 13, 14 and 16 as usagedriven sites.
Whereas, notice inviting public
comment was given in the Federal
Register (79 FR 18259–18260, 04–01–
2014) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendation of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders:
The application to reorganize and
expand FTZ 134 under the ASF is
approved, subject to the FTZ Act and
the Board’s regulations, including
Section 400.13, to the Board’s standard
2,000-acre activation limit for the zone,
to a five-year ASF sunset provision for
magnet sites that would terminate
authority for Sites 1, 2, 9, 10 and 11 if
not activated by August 31, 2019, and to
a three-year ASF sunset provision for
usage-driven sites that would terminate
authority for Sites 13, 14 and 16 if no
foreign-status merchandise is admitted
for a bona fide customs purpose by
August 31, 2017.
Signed at Washington, DC, this 29th day of
August 2014.
Paul Piquado,
Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1947]
[FR Doc. 2014–21591 Filed 9–9–14; 8:45 am]
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Reorganization and Expansion of
Foreign-Trade Zone 134 under
Alternative Site Framework;
Chattanooga, Tennessee
BILLING CODE 3510–DS–P
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Foreign-Trade Zones Board
DEPARTMENT OF COMMERCE
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR Sec. 400.2(c)) as an option for the
establishment or reorganization of
zones;
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[Order No. 1949]
Expansion of Subzone 38A BMW
Manufacturing Company, LLC; Greer,
South Carolina
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the Foreign-
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Trade Zones Board (the Board) adopts the
following Order:
Whereas, the South Carolina State
Ports Authority, grantee of ForeignTrade Zone 38, has made application to
the Board to expand Subzone 38A at the
facilities of BMW Manufacturing
Company, LLC, to include temporary
Site 8 located in Greer, South Carolina,
on a permanent basis (FTZ Docket B–
38–2014, docketed 05–14–2014);
Whereas, notice inviting public
comment has been given in the Federal
Register (79 FR 29167, 05–21–2014) and
the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s memorandum, and finds that
the requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders;
The application to expand Subzone
38A is approved, subject to the FTZ Act
and the Board’s regulations, including
Section 400.13.
Signed at Washington, DC, this 29th day of
August 2014.
Paul Piquado,
Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
[FR Doc. 2014–21589 Filed 9–9–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–858, C–489–817]
Certain Oil Country Tubular Goods
From India and the Republic of Turkey:
Countervailing Duty Orders and
Amended Affirmative Final
Countervailing Duty Determination for
India
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on the amended
affirmative final determination with
respect to India and the affirmative final
determination with respect to the
Republic of Turkey (‘‘Turkey’’) by the
Department of Commerce (the
‘‘Department’’) and the International
Trade Commission (‘‘ITC’’), the
Department is issuing countervailing
duty orders on certain oil country
tubular goods (‘‘OCTG’’) from India and
Turkey. The Department is amending its
final determination with respect to India
to correct certain ministerial errors as
explained below.
AGENCY:
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Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices
DATES:
Effective Date: September 10,
2014.
FOR FURTHER INFORMATION CONTACT:
Turkey: Shane Subler or Jennifer Meek,
AD/CVD Operations, Office I, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0189 and (202)
482–2778, respectively.
India: Myrna Lobo, Elfi Blum or
Lingjun Wang, 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) 482–2371, (202) 482–
0197, and (202) 482–2316, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2014, the Department
published its final determinations in the
countervailing duty investigations of
OCTG from India and Turkey.1 On
September 2, 2014, the ITC notified the
Department of its final determination
pursuant to section 705(b)(1)(A)(i) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), that an industry in the United
States is materially injured by reason of
subsidized imports of subject
merchandise from India and Turkey.2
The ITC also determined that critical
circumstances do not exist.3
tkelley on DSK3SPTVN1PROD with NOTICES
Scope of the Orders
The merchandise covered by the
orders 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
1 See Certain Oil Country Tubular Goods From
India: Final Affirmative Countervailing Duty
Determination and Partial Final Affirmative
Determination of Critical Circumstances, 79 FR
41967 (July 18, 2014) (‘‘India Final
Determination’’); see also Certain Oil Country
Tubular Goods From the Republic of Turkey: Final
Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances
Determination, 79 FR 41964 (July 18, 2014)
(‘‘Turkey Final Determination’’).
2 See Certain Oil Country Tubular Goods from
India, Korea, Philippines, Taiwan, Thailand,
Turkey, Ukraine, and Vietnam, Investigation Nos.
701–TA–499–500 and 731–TA–1215–1217 and
1219–1223, USITC Pub. 4489 (Final) (September
2014).
3 Id.
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products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
protectors are attached. The scope of the
orders also covers OCTG coupling stock.
Excluded from the scope of the orders
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 orders
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 orders
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 orders is dispositive.
Amended Affirmative Final
Determination
On July 14, 2014, the Department
disclosed to interested parties its
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53689
calculations for the India Final
Determination. On July 21, 2014, we
received ministerial error comments
from United States Steel Corporation
(‘‘Petitioner’’) and Jindal SAW Limited
(‘‘Jindal SAW’’). Jindal SAW filed
rebuttal comments to Petitioner’s
ministerial error allegation on July 26,
2014. Petitioner filed rebuttal comments
to Jindal SAW’s ministerial error
comments on July 28, 2014.
Section 705(e) of the Act and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any similar
type of unintentional error which the
Secretary considers ministerial.’’ After
analyzing the ministerial error
comments, we determine, in accordance
with section 705(e) of the Act and 19
CFR 351.224(e), that we made the
following ministerial error in our
calculations for the India Final
Determination: we inadvertently used
Jindal SAW’s sales of subject
merchandise to the United States
inclusive of freight and other expenses
as the denominator for our calculations,
when we clearly stated our intent in the
Final Determination to use free on board
(‘‘FOB’’) values as the denominator for
rate calculations. For a detailed
discussion of this ministerial error, as
well as the Department’s analysis of
another ministerial error allegation
(which we determine not to be a
ministerial error), see the Ministerial
Error Memorandum.4
In accordance with section 705(e) of
the Act and 19 CFR 351.224(e), we are
amending the final affirmative
countervailing duty determination for
Jindal SAW and for ‘‘All Others’’ for
OCTG from India.5 We determine the
revised total estimated net
countervailable subsidy rates to be 19.57
percent for Jindal SAW and 12.62
percent for All Others.6
4 See Memorandum To Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance, Through Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations, From Edward C. Yang, Director, Office
VII, Antidumping and Countervailing Duty
Operations: Final Results of Countervailing Duty
Investigation of Certain Oil Country Tubular Goods
from India: Ministerial Error Allegation, dated
August 12, 2014 (‘‘Ministerial Error
Memorandum’’).
5 The total estimated net countervailable subsidy
from the India Final Determination for GVN Fuels
Limited and its cross-owned producers Maharashtra
Seamless Limited and Jindal Pipes Limited (‘‘GVN/
MSL/JPL’’) remains unchanged at 5.67 percent. See
India Final Determination, 79 FR at 41968.
6 Because we calculated a simple average of the
two respondents’ rates in the India Final
Determination to derive an ‘‘All Others’’ rate and
the rate for one respondent has changed with this
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Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices
Countervailing Duty Orders
In accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the
ITC notified the Department of its final
determination that the industry in the
United States producing OCTG is
materially injured by reason of
subsidized imports of OCTG from India
and Turkey. Therefore, in accordance
with section 705(c)(2) of the Act, we are
publishing these countervailing duty
orders.
For India, as a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess,
upon further instruction by the
Department, countervailing duties on
unliquidated entries of OCTG produced
and/or exported by GVN/MSL/JPL and
‘‘all other’’ companies that were
entered, or withdrawn from warehouse,
for consumption on or after December
23, 2013, the date on which the
Department published its affirmative
preliminary countervailing duty
determination in the Federal Register,
and before April 22, 2014, the date on
which the Department instructed CBP to
discontinue the suspension of
liquidation in accordance with section
703(d) of the Act. Section 703(d) of the
Act states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months. Therefore,
entries of OCTG produced and/or
exported by GVN/MSL/JPL and ‘‘all
other’’ companies made on or after April
22, 2014, and prior to the date of
publication of the ITC’s final
determination in the Federal Register
are not liable for the assessment of
countervailing duties due to the
Department’s discontinuation, effective
April 22, 2014, of the suspension of
liquidation. For Jindal SAW,
countervailing duties will be assessed,
upon further instruction from the
Department, on unliquidated entries of
OCTG entered, or withdrawn from
warehouse, for consumption on or after
July 18, 2014, the date on which the
Department published its affirmative
final determination in the Federal
Register.
With regard to the ITC’s negative
critical circumstances determination,
the Department will instruct CBP to lift
suspension and refund any cash deposit
of estimated countervailing duties for
entries on or after April 19, 2014 (i.e.,
the date 90 days prior to the date of
publication of the India Final
Determination), but before July 18, 2014,
and produced and/or exported by Jindal
SAW. Further, the Department will
instruct CBP to lift suspension and
refund any cash deposit of estimated
countervailing duties for entries on or
after September 24, 2013 (i.e., 90 days
prior to the date of publication of the
India Preliminary Determination 7) but
before December 23, 2013, for ‘‘All
Others.’’
For Turkey, as a result of the ITC’s
final determination, in accordance with
section 706(a) of the Act, the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess,
upon further instruction by the
Department, countervailing duties on
unliquidated entries of OCTG entered,
or withdrawn from warehouse, for
consumption on or after July 18, 2014,
the date on which the Department
published its affirmative final
countervailing duty determination in
the Federal Register. With regard to the
ITC’s negative critical circumstances
determination, the Department will
instruct CBP to lift suspension and
refund any cash deposit of estimated
countervailing duties for entries on or
after April 19, 2014 (i.e., 90 days prior
to the date of publication of the Turkey
Final Determination), but before July 18,
2014.
Suspension of Liquidation
For India, in accordance with section
706 of the Act, the Department will
direct CBP to reinstitute the suspension
of liquidation of OCTG from India,
effective the date of publication of the
ITC’s notice of final determination in
the Federal Register, and to assess,
upon further advice by the Department
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise. On or after the date of
publication of the ITC’s final injury
determination in the Federal Register,
CBP must require, at the same time as
importers would normally deposit
estimated duties on this merchandise, a
cash deposit equal to the rates noted
below:
Producer/exporter
GVN Fuels Limited/
Maharashtra Seamless
Limited/Jindal Pipes Limited ....................................
Jindal SAW Limited ..............
All Others ..............................
5.67
19.57
12.62
For Turkey, in accordance with
section 706 of the Act, the Department
will direct CBP to continue the
suspension of liquidation of OCTG from
Turkey, and to assess, upon further
advice by the Department pursuant to
section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise. CBP must require, at the
same time as importers would normally
deposit estimated duties on this
merchandise, a cash deposit equal to the
rates noted below:
Net Subsidy
rate
(percent)
Producer/exporter
Borusan Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S., and Borusan
Holding A.S. .....................................................................................................................................................................................
Tosyali Dis Ticaret A.S, Toscelik Profil ve Sac Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir
¸
Celik San. A.S., and Tosyali Holding A.S. .......................................................................................................................................
All Others .............................................................................................................................................................................................
tkelley on DSK3SPTVN1PROD with NOTICES
Net subsidy
rate
(Percent)
15.89
2.53
9.21
This notice constitutes the
countervailing duty orders with respect
to OCTG from India and Turkey,
pursuant to section 706(a) of the Act,
and the amended affirmative final
countervailing duty determination with
respect to OCTG from India. Interested
parties may contact the Department’s
Central Records Unit, Room 7046 of the
amended final determination, we have also revised
the ‘‘All Others’’ rate. See India Final
Determination, 79 FR at 41967–68.
7 See Certain Oil Country Tubular Goods From
India: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Determination, 78 FR 77421 (December 23, 2013)
(‘‘India Preliminary Determination’’).
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Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.210(c), on July 18, 2014, the
Department published affirmative final
determinations of sales at LTFV in the
investigations of OCTG from India,
Dated: September 5, 2014.
Korea, Taiwan, Turkey, and Vietnam.1
Paul Piquado,
On August 8, 2014, the Department
Assistant Secretary for Enforcement and
published an amended final
Compliance.
determination of sales at LTFV in the
[FR Doc. 2014–21705 Filed 9–8–14; 4:15 pm]
investigation of OCTG from Taiwan.2
BILLING CODE 3510–DS–P
On September 2, 2014, the ITC notified
the Department of its affirmative
determinations that an industry in the
DEPARTMENT OF COMMERCE
United States is materially injured
within the meaning of section
International Trade Administration
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of OCTG from India,
[A–533–857, A–580–870, A–583–850, A–489–
Korea, Turkey, and Vietnam, and
816, A–552–817]
threatened with material injury within
the meaning of section 735(b)(1)(A)(ii)
Certain Oil Country Tubular Goods
of the Act by reason of LTFV imports of
From India, the Republic of Korea,
OCTG from Taiwan.3 In addition, the
Taiwan, the Republic of Turkey, and
ITC found in its final determinations
the Socialist Republic of Vietnam:
Antidumping Duty Orders; and Certain that critical circumstances do not exist
with respect to imports of subject
Oil Country Tubular Goods From the
merchandise from Turkey and Vietnam
Socialist Republic of Vietnam:
Amended Final Determination of Sales that are subject to the Department’s final
affirmative critical circumstances
at Less Than Fair Value
findings.4
AGENCY: Enforcement and Compliance,
Scope of the Orders
International Trade Administration,
The products covered by these orders
Department of Commerce.
are certain oil country tubular goods
SUMMARY: Based on affirmative final
main Commerce Building, for copies of
an updated list of countervailing duty
orders currently in effect.
This order is issued and published in
accordance with sections 705(e) and
706(a) of the Act, 19 CFR 351.211(b),
and 19 CFR 351.224(e).
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (the
ITC), the Department is issuing
antidumping duty (AD) orders on
certain oil country tubular goods
(OCTG) from India, the Republic of
Korea (Korea), Taiwan, the Republic of
Turkey (Turkey), and the Socialist
Republic of Vietnam (Vietnam). In
addition, the Department is amending
its final determination of sales at less
than fair value (LTFV) from Vietnam as
a result of ministerial errors.
DATES: Effective Date: September 10,
2014.
tkelley on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Emily Halle at (202) 482–0176 (India);
Victoria Cho at (202) 482–5075 or
Deborah Scott at (202) 482–2657
(Korea); Thomas Schauer at (202) 482–
0410 (Taiwan); Catherine Cartsos at
(202) 482–1757 (Turkey); or Fred Baker
at (202) 482–2924 or Davina Friedmann
at (202) 482–0698 (Vietnam), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
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19:04 Sep 09, 2014
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1 See Final Determination of Sales at Less Than
Fair Value and Final Negative Determination of
Critical Circumstances: Certain Oil Country Tubular
Goods From India, 79 FR 41981 (July 18, 2014)
(India Final Determination); 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, 79 FR 41983 (July 18, 2014) (Korea
Final Determination); Certain Oil Country Tubular
Goods From Taiwan: Final Determination of Sales
at Less Than Fair Value, 79 FR 41979 (July 18,
2014) (Taiwan Final Determination); 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, 79 FR 41973 (July
18, 2014) (Turkey Final Determination); and Certain
Oil Country Tubular Goods From the Socialist
Republic of Vietnam: Final Determination of Sales
at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 79 FR
41972 (July 18, 2014) (Vietnam Final
Determination), respectively.
2 See Certain Oil Country Tubular Goods From
Taiwan: Amended Final Determination of Sales at
Less Than Fair Value, 79 FR 46403 (August 8, 2014)
(Taiwan Amended Final Determination).
3 See Letter from the ITC to the Department, dated
September 2, 2014; see also Certain Oil Country
Tubular Goods from India, Korea, Philippines,
Taiwan, Thailand, Turkey, Ukraine, and Vietnam
(Investigation Nos. 701–TA–499–500 and 731–TA–
1215–1217 and 1219–1223 (Final), USITC
Publication 4489, September 2014).
4 See Certain Oil Country Tubular Goods From
India, Korea, the Philippines, Taiwan, Thailand,
Turkey, Ukraine, and Vietnam, 79 FR 53080
(September 5, 2014).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
53691
(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
orders also covers OCTG coupling stock.
Excluded from the scope of the orders
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 orders
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 orders
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,
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Notices]
[Pages 53688-53691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21705]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-858, C-489-817]
Certain Oil Country Tubular Goods From India and the Republic of
Turkey: Countervailing Duty Orders and Amended Affirmative Final
Countervailing Duty Determination for India
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the amended affirmative final determination with
respect to India and the affirmative final determination with respect
to the Republic of Turkey (``Turkey'') by the Department of Commerce
(the ``Department'') and the International Trade Commission (``ITC''),
the Department is issuing countervailing duty orders on certain oil
country tubular goods (``OCTG'') from India and Turkey. The Department
is amending its final determination with respect to India to correct
certain ministerial errors as explained below.
[[Page 53689]]
DATES: Effective Date: September 10, 2014.
FOR FURTHER INFORMATION CONTACT: Turkey: Shane Subler or Jennifer Meek,
AD/CVD Operations, Office I, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0189 and (202) 482-2778, respectively.
India: Myrna Lobo, Elfi Blum or Lingjun Wang, 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-
2371, (202) 482-0197, and (202) 482-2316, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2014, the Department published its final determinations
in the countervailing duty investigations of OCTG from India and
Turkey.\1\ On September 2, 2014, the ITC notified the Department of its
final determination pursuant to section 705(b)(1)(A)(i) of the Tariff
Act of 1930, as amended (``the Act''), that an industry in the United
States is materially injured by reason of subsidized imports of subject
merchandise from India and Turkey.\2\ The ITC also determined that
critical circumstances do not exist.\3\
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods From India: Final
Affirmative Countervailing Duty Determination and Partial Final
Affirmative Determination of Critical Circumstances, 79 FR 41967
(July 18, 2014) (``India Final Determination''); see also Certain
Oil Country Tubular Goods From the Republic of Turkey: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Critical Circumstances Determination, 79 FR 41964 (July 18, 2014)
(``Turkey Final Determination'').
\2\ See Certain Oil Country Tubular Goods from India, Korea,
Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam,
Investigation Nos. 701-TA-499-500 and 731-TA-1215-1217 and 1219-
1223, USITC Pub. 4489 (Final) (September 2014).
\3\ Id.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the orders 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 orders
also covers OCTG coupling stock.
Excluded from the scope of the orders 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 orders 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 orders 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
orders is dispositive.
Amended Affirmative Final Determination
On July 14, 2014, the Department disclosed to interested parties
its calculations for the India Final Determination. On July 21, 2014,
we received ministerial error comments from United States Steel
Corporation (``Petitioner'') and Jindal SAW Limited (``Jindal SAW'').
Jindal SAW filed rebuttal comments to Petitioner's ministerial error
allegation on July 26, 2014. Petitioner filed rebuttal comments to
Jindal SAW's ministerial error comments on July 28, 2014.
Section 705(e) of the Act and 19 CFR 351.224(f) define a
``ministerial error'' as an error ``in addition, subtraction, or other
arithmetic function, clerical error resulting from inaccurate copying,
duplication, or the like, and any similar type of unintentional error
which the Secretary considers ministerial.'' After analyzing the
ministerial error comments, we determine, in accordance with section
705(e) of the Act and 19 CFR 351.224(e), that we made the following
ministerial error in our calculations for the India Final
Determination: we inadvertently used Jindal SAW's sales of subject
merchandise to the United States inclusive of freight and other
expenses as the denominator for our calculations, when we clearly
stated our intent in the Final Determination to use free on board
(``FOB'') values as the denominator for rate calculations. For a
detailed discussion of this ministerial error, as well as the
Department's analysis of another ministerial error allegation (which we
determine not to be a ministerial error), see the Ministerial Error
Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum To Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, Through Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations,
From Edward C. Yang, Director, Office VII, Antidumping and
Countervailing Duty Operations: Final Results of Countervailing Duty
Investigation of Certain Oil Country Tubular Goods from India:
Ministerial Error Allegation, dated August 12, 2014 (``Ministerial
Error Memorandum'').
---------------------------------------------------------------------------
In accordance with section 705(e) of the Act and 19 CFR 351.224(e),
we are amending the final affirmative countervailing duty determination
for Jindal SAW and for ``All Others'' for OCTG from India.\5\ We
determine the revised total estimated net countervailable subsidy rates
to be 19.57 percent for Jindal SAW and 12.62 percent for All Others.\6\
---------------------------------------------------------------------------
\5\ The total estimated net countervailable subsidy from the
India Final Determination for GVN Fuels Limited and its cross-owned
producers Maharashtra Seamless Limited and Jindal Pipes Limited
(``GVN/MSL/JPL'') remains unchanged at 5.67 percent. See India Final
Determination, 79 FR at 41968.
\6\ Because we calculated a simple average of the two
respondents' rates in the India Final Determination to derive an
``All Others'' rate and the rate for one respondent has changed with
this amended final determination, we have also revised the ``All
Others'' rate. See India Final Determination, 79 FR at 41967-68.
---------------------------------------------------------------------------
[[Page 53690]]
Countervailing Duty Orders
In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC notified the Department of its final determination that the
industry in the United States producing OCTG is materially injured by
reason of subsidized imports of OCTG from India and Turkey. Therefore,
in accordance with section 705(c)(2) of the Act, we are publishing
these countervailing duty orders.
For India, as a result of the ITC's final determination, in
accordance with section 706(a) of the Act, the Department will direct
U.S. Customs and Border Protection (``CBP'') to assess, upon further
instruction by the Department, countervailing duties on unliquidated
entries of OCTG produced and/or exported by GVN/MSL/JPL and ``all
other'' companies that were entered, or withdrawn from warehouse, for
consumption on or after December 23, 2013, the date on which the
Department published its affirmative preliminary countervailing duty
determination in the Federal Register, and before April 22, 2014, the
date on which the Department instructed CBP to discontinue the
suspension of liquidation in accordance with section 703(d) of the Act.
Section 703(d) of the Act states that the suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months. Therefore, entries of OCTG produced and/or
exported by GVN/MSL/JPL and ``all other'' companies made on or after
April 22, 2014, and prior to the date of publication of the ITC's final
determination in the Federal Register are not liable for the assessment
of countervailing duties due to the Department's discontinuation,
effective April 22, 2014, of the suspension of liquidation. For Jindal
SAW, countervailing duties will be assessed, upon further instruction
from the Department, on unliquidated entries of OCTG entered, or
withdrawn from warehouse, for consumption on or after July 18, 2014,
the date on which the Department published its affirmative final
determination in the Federal Register.
With regard to the ITC's negative critical circumstances
determination, the Department will instruct CBP to lift suspension and
refund any cash deposit of estimated countervailing duties for entries
on or after April 19, 2014 (i.e., the date 90 days prior to the date of
publication of the India Final Determination), but before July 18,
2014, and produced and/or exported by Jindal SAW. Further, the
Department will instruct CBP to lift suspension and refund any cash
deposit of estimated countervailing duties for entries on or after
September 24, 2013 (i.e., 90 days prior to the date of publication of
the India Preliminary Determination \7\) but before December 23, 2013,
for ``All Others.''
---------------------------------------------------------------------------
\7\ See Certain Oil Country Tubular Goods From India:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping
Determination, 78 FR 77421 (December 23, 2013) (``India Preliminary
Determination'').
---------------------------------------------------------------------------
For Turkey, as a result of the ITC's final determination, in
accordance with section 706(a) of the Act, the Department will direct
U.S. Customs and Border Protection (``CBP'') to assess, upon further
instruction by the Department, countervailing duties on unliquidated
entries of OCTG entered, or withdrawn from warehouse, for consumption
on or after July 18, 2014, the date on which the Department published
its affirmative final countervailing duty determination in the Federal
Register. With regard to the ITC's negative critical circumstances
determination, the Department will instruct CBP to lift suspension and
refund any cash deposit of estimated countervailing duties for entries
on or after April 19, 2014 (i.e., 90 days prior to the date of
publication of the Turkey Final Determination), but before July 18,
2014.
Suspension of Liquidation
For India, in accordance with section 706 of the Act, the
Department will direct CBP to reinstitute the suspension of liquidation
of OCTG from India, effective the date of publication of the ITC's
notice of final determination in the Federal Register, and to assess,
upon further advice by the Department pursuant to section 706(a)(1) of
the Act, countervailing duties for each entry of the subject
merchandise in an amount based on the net countervailable subsidy rates
for the subject merchandise. On or after the date of publication of the
ITC's final injury determination in the Federal Register, CBP must
require, at the same time as importers would normally deposit estimated
duties on this merchandise, a cash deposit equal to the rates noted
below:
------------------------------------------------------------------------
Net subsidy
Producer/exporter rate (Percent)
------------------------------------------------------------------------
GVN Fuels Limited/Maharashtra Seamless Limited/Jindal 5.67
Pipes Limited..........................................
Jindal SAW Limited...................................... 19.57
All Others.............................................. 12.62
------------------------------------------------------------------------
For Turkey, in accordance with section 706 of the Act, the
Department will direct CBP to continue the suspension of liquidation of
OCTG from Turkey, and to assess, upon further advice by the Department
pursuant to section 706(a)(1) of the Act, countervailing duties for
each entry of the subject merchandise in an amount based on the net
countervailable subsidy rates for the subject merchandise. CBP must
require, at the same time as importers would normally deposit estimated
duties on this merchandise, a cash deposit equal to the rates noted
below:
------------------------------------------------------------------------
Net Subsidy
Producer/exporter rate (percent)
------------------------------------------------------------------------
Borusan Istikbal Ticaret, Borusan Mannesmann Boru 15.89
Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S.,
and Borusan Holding A.S................................
Tosyali Dis Ticaret A.S, Tos[ccedil]elik Profil ve Sac 2.53
Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis
Ith. Ihr. A.S., Tosyali Demir Celik San. A.S., and
Tosyali Holding A.S....................................
All Others.............................................. 9.21
------------------------------------------------------------------------
This notice constitutes the countervailing duty orders with respect
to OCTG from India and Turkey, pursuant to section 706(a) of the Act,
and the amended affirmative final countervailing duty determination
with respect to OCTG from India. Interested parties may contact the
Department's Central Records Unit, Room 7046 of the
[[Page 53691]]
main Commerce Building, for copies of an updated list of countervailing
duty orders currently in effect.
This order is issued and published in accordance with sections
705(e) and 706(a) of the Act, 19 CFR 351.211(b), and 19 CFR 351.224(e).
Dated: September 5, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-21705 Filed 9-8-14; 4:15 pm]
BILLING CODE 3510-DS-P
