Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 71071-71074 [2016-24797]
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.23 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review.
For assessment purposes, the
Department applied the assessment rate
calculation method adopted in
Assessment Rate Modification.24 For
any individually examined respondent
whose weighted average dumping
margin is above de minimis (i.e., 0.50
percent) in the final results of this
review, the Department will calculate
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping calculated for the importer’s
examined sales to the total entered
value of sales, in accordance with 19
CFR 351.212(b)(1). Where an importer(or customer-) specific ad valorem rate
is greater than de minimis, the
Department will instruct CBP to collect
the appropriate duties at the time of
liquidation.25 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem rate is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.26 For the
respondents that were not selected for
individual examination in this
administrative review and that qualified
for a separate rate, the assessment rate
will be based on the average of the
mandatory respondents.27
Pursuant to the Department’s practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during the administrative review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. Additionally, if the Department
determines that an exporter had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the PRC-wide rate.28
23 See
19 CFR 351.212(b).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Assessment Rate
Modification’’) in the manner described in more
detail in the Preliminary Decision Memorandum.
25 See 19 CFR 351.212(b)(1).
26 See 19 CFR 351.106(c)(2).
27 See Preliminary Decision Memorandum.
28 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
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24 See
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Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
71071
IV. Preliminary Determination of No
Shipments
V. Discussion of Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value
Data
C. Surrogate Country
D. Separate Rates
E. Margin for the Companies Individually
Examined
F. Margin for the Separate Rate Companies
Not Individually Examined
G. Margin for Companies Not Receiving a
Separate Rate
H. Date of Sale
I. Comparisons to Normal Value
J. U.S. Price
K. Normal Value
L. Factor Valuations
VI. Adjustment Under Section 777A(f) of the
Act
VII. Recommendation
[FR Doc. 2016–24821 Filed 10–13–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–817]
Certain Oil Country Tubular Goods
From the Socialist Republic of
Vietnam: Preliminary Results of
Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
SEAH Steel VINA Corporation (SSV),
the Department of Commerce (the
Department) is conducting an
administrative review of the
antidumping duty (AD) order on certain
oil country tubular goods (OCTG) from
the Socialist Republic of Vietnam
(Vietnam) for the period (POR) February
25, 2014, through August 31, 2015. The
Department preliminarily determines
that SSV did not sell subject
merchandise in the United States at
prices below normal value (NV) during
the period of review (POR). Interested
parties are invited to comment on these
preliminary results.
DATES: Effective October 14, 2016.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone 202–482–2924.
SUPPLEMENTARY INFORMATION:
AGENCY:
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during the POR. Failure
to comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
Background
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
On November 9, 2015, the Department
initiated an administrative review of the
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
antidumping order 1 on OCTG from
Vietnam.2 Between November 2015 and
June 2016, the Department sent AD
questionnaires and supplemental
questionnaires to SSV, to which SSV
responded in a timely manner. As
explained in the memorandum from the
Acting Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll all administrative deadlines due to
the recent closure of the Federal
Government.3 Accordingly, all
deadlines in this segment of the
proceeding have been extended by four
business days. On June 6, 2016, the
Department partially extended the
deadline for issuing the preliminary
results until September 21, 2016.4 On
September 20, 2016, the Department
fully extended the deadline for issuing
the preliminary results until October 5,
2016.5
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Scope of the Order
The merchandise covered by the order
is certain oil country tubular goods
(OCTG).
The merchandise subject to the order
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,
1 See Certain Oil Country Tubular Goods From
India, the Republic of Korea, Taiwan, the Republic
of Turkey, and the Social Republic of Vietnam:
Antidumping Duty Orders; and Certain Oil Country
Tubular Goods From the Socialist Republic of
Vietnam: Amended Final Determination of Sales at
Less Than Fair Value, 79 FR 53691 (September 10,
2014) and Certain Oil Country Tubular Goods From
India, the Republic of Korea, Taiwan, the Republic
of Turkey, and the Socialist Republic of Vietnam:
Notice of Correction to the Antidumping Duty
Orders With Respect to Turkey and the Socialist
Republic of Vietnam, 79 FR 59740 (October 3,
2014).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
69193 (November 9, 2015) (Initiation Notice).
3 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016.
4 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Oil Country
Tubular Goods from Vietnam: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated June 6, 2016.
5 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Oil Country
Tubular Goods from Vietnam: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated September 20,
2016.
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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 order
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.
While the HTSUS subheadings above
are provided for convenience and
customs purposes, the written
description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.6
Methodology
The Department conducted this
review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the
Tariff Act of 1930, as amended (the Act).
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Because Vietnam is a
non-market economy (NME) within the
meaning of section 771(18) of the Act,
NV has been calculated in accordance
with section 773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
6 See Memorandum from Christian Marsh to
Ronald K. Lorentzen, ‘‘Certain Oil Country Tubular
Goods from the Socialist Republic of Vietnam:
Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review,’’
dated October 5, 2016 (Preliminary Decision
Memorandum).
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Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Application of Separate Rates in NME
Proceedings
In the Initiation Notice, the
Department notified parties of the
application process by which exporters
may obtain separate rate status in an
NME proceeding.7 It is the Department’s
policy to assign all exporters of the
merchandise subject to review in NME
countries a single rate unless an
exporter can affirmatively demonstrate
an absence of government control, both
in law (de jure) and in fact (de facto),
with respect to exports. To establish
whether a company is sufficiently
independent to be entitled to a separate,
company-specific rate, the Department
analyzes each exporting entity in an
NME country under the test established
in Sparklers,8 as further developed by
Silicon Carbide.9 However, if the
Department determines that a company
is wholly foreign-owned, then an
analysis of the de jure and de facto
criteria is not necessary to determine
whether it is independent from
government control.10
Vietnam-Wide Entity
The Department’s policy regarding
conditional review of the Vietnam-wide
entity applies to this administrative
review.11 Under this policy, the
7 See
Initiation Notice.
Final Determination of Sales at Less Than
Fair Value: Sparklers from the People’s Republic of
China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’).
9 See Notice of Final Determination of Sales at
Less Than Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585 (May 2,
1994) (‘‘Silicon Carbide’’).
10 See, e.g., Final Results of Antidumping Duty
Administrative Review: Petroleum Wax Candles
from the People’s Republic of China, 72 FR 52355,
52356 (September 13, 2007).
11 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
8 See
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Vietnam-wide entity will not be under
review unless a party specifically
requests, or the Department selfinitiates, a review of the entity. Because
no party requested a review of the
Vietnam-wide entity in this review, the
entity is not under review and the
entity’s rate (i.e., 111.47 percent) 12 is
not subject to change.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margin exists for the
period February 25, 2014, through
August 31, 2015:
Exporter
Weightedaverage
margin
(percent)
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SeAH Steel VINA Corporation ....................................
0.00
Disclosure, Public Comment, and
Opportunity To Request a Hearing
The Department will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review in the Federal Register.13
Rebuttals to case briefs, which must be
limited to issues raised in the case
briefs, may be filed within five days
after the time limit for filing case
briefs.14 Parties who submit arguments
are requested to submit with the
argument: (a) A statement of the issue,
(b) a brief summary of the argument,
and (c) a table of authorities.15 Parties
submitting briefs should do so pursuant
to the Department’s electronic filing
system, ACCESS.16
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance within 30 days of the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues parties intend to discuss.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. If a request for
a hearing is made, the Department
12 See
Amended Final Determination, FR 79 at
53694.
13 See 19 CFR 351.309(c)(1)(ii).
14 See 19 CFR 351.309(d)(1)–(2).
15 See 19 CFR 351.309(c)(2), (d)(2).
16 See 19 CFR 351.303 (for general filing
requirements).
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intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a date and time to be
determined.17 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.18 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review.
For assessment purposes, the
Department applied the assessment rate
calculation method adopted in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final
Modification.19 For any individually
examined respondent whose weighted
average dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of this review, the Department
will calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of sales,
in accordance with 19 CFR
351.212(b)(1). Where an importer- (or
customer-) specific ad valorem rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation.20 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.21
17 See
19 CFR 351.310(d).
19 CFR 351.212(b).
19 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) in the manner described in
more detail in the Preliminary Decision
Memorandum.
20 See 19 CFR 351.212(b)(1).
21 See 19 CFR 351.106(c)(2).
18 See
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71073
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the Vietnam entered,
or withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed Vietnamese
and non-Vietnamese exporters not listed
above that received a separate rate in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Vietnamese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the
Vietnamese-wide entity; and (4) for all
non-Vietnamese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Vietnamese
exporter that supplied that nonVietnamese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Country Status
b. Separate Rates
c. Vietnam-Wide Entity
d. Surrogate Country
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e. Comparisons to Normal Value
f. Determination of Comparison Method
g. Results of Differential Pricing Analysis
h. Date of Sale
i. U.S. Price
j. Normal Value
k. Factor Valuations
l. Currency Conversion
5. Recommendation
[FR Doc. 2016–24797 Filed 10–13–16; 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:
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain oil
country tubular goods (OCTG) from the
Republic of Korea (Korea). The period of
review (POR) is July 18, 2014, through
August 31, 2015. The Department
preliminarily determines that the
producers or exporters subject to the
review, including the mandatory
respondents NEXTEEL Co. Ltd.
(NEXTEEL) and SeAH Steel Corporation
(SeAH), made sales of subject
merchandise at less than normal value.
We invite interested parties to comment
on these preliminary results.
DATES: Effective October 14, 2016.
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, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On September 1, 2015, we published
in the Federal Register a notice of
opportunity to request an administrative
review of the order.1 As explained in the
memorandum from the Acting Assistant
Secretary for Enforcement and
Compliance, the Department has
exercised its discretion to toll all
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 80 FR 52741
(September 1, 2015).
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14:29 Oct 13, 2016
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administrative deadlines by four
business days due to the closure of the
Federal Government during Snowstorm
Jonas.2 On February 12, 2016, we
selected as mandatory respondents the
two exporters or producers accounting
for the largest volume of OCTG from
Korea during the POR (i.e., in
alphabetical order, NEXTEEL and
SeAH).3 On May 31, 2016, we fully
extended the preliminary results by 120
days.4
Scope of the Order
The merchandise covered by the order
is certain 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
order also covers OCTG coupling stock.
For a complete description of the scope
of the order, see the Preliminary
Decision Memorandum.5
Methodology
The Department is conducting this
administrative review in accordance
with section 751(a)(2) of the Tariff Act
of 1930, as amended (the Act). Export
price and constructed export price are
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
2 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016.
3 See the Department’s Memorandum entitled,
‘‘Antidumping Duty Administrative Review of
Certain Oil Country Tubular Goods from the
Republic of Korea: Respondent Selection
Memorandum,’’ dated February 12, 2016
(Respondent Selection Memo).
4 See the Memoradum to Christian Marsh
entitled, ‘‘Oil Country Tubular Goods from the
Republic of Korea: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated May 31, 2016.
5 See the accompanying Decision Memorandum
for the Preliminary Results of Antidumping Duty
Administrative Review: Certain Oil Country
Tubular Goods from the Republic of Korea, dated
October 5, 2016 (Preliminary Decision
Memorandum).
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Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as
Appendix 1 to this notice.
Preliminary Determination of No
Shipments
Among the companies under review,
certain companies properly filed
statements reporting that they made no
shipments of subject merchandise to the
United States during the POR.6 Based
on the certifications submitted by these
companies and our analysis of
information from U.S. Customs and
Border Protection (CBP), we
preliminarily determine that the
following companies had no shipments
during the POR: Hyundai Glovis,
Hyundai Mobis, Hyundai RB, Kolon
Global, POSCO Plantec, and Samsung
C&T Corporation.
For a full explanation of the
Department’s analysis, see the
Preliminary Decision Memorandum.
The Department finds that it is not
appropriate to preliminarily rescind the
review with respect to these companies
but, rather, intends to complete the
review with respect to these companies
and issue appropriate instructions to
CBP based on the final results of this
review.
6 See Letter from Hyundai Steel Company to the
Department (certifying that its affiliates Hyundai
Glovis, Hyundai Mobis, and Hyundai RB had no
exports, sales or entries of subject merchandise to
the United States during the POR), dated December
9, 2015; Letter from Kolon Global to the
Department, dated December 9, 2015; Letter from
POSCO Plantec to the Department, dated December
9, 2015; and Letter from Samsung C&T Corporation
to the Department, dated December 9, 2015. One
other company, POSCO Processing & Service Co.,
Ltd., submitted a letter stating that it had no
exports, sales or entries of subject merchandise to
the United States during the POR. See Letter from
POSCO Processing & Service Co., Ltd. to the
Department, dated December 9, 2015. However, no
company with this specific name was listed in the
Initiation Notice. See Initiation Notice, 80 FR at
69195–6.
E:\FR\FM\14OCN1.SGM
14OCN1
]]>Agencies
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71071-71074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24797]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-817]
Certain Oil Country Tubular Goods From the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from SEAH Steel VINA Corporation
(SSV), the Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty (AD) order on certain oil
country tubular goods (OCTG) from the Socialist Republic of Vietnam
(Vietnam) for the period (POR) February 25, 2014, through August 31,
2015. The Department preliminarily determines that SSV did not sell
subject merchandise in the United States at prices below normal value
(NV) during the period of review (POR). Interested parties are invited
to comment on these preliminary results.
DATES: Effective October 14, 2016.
FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone 202-482-2924.
SUPPLEMENTARY INFORMATION:
Background
On November 9, 2015, the Department initiated an administrative
review of the
[[Page 71072]]
antidumping order \1\ on OCTG from Vietnam.\2\ Between November 2015
and June 2016, the Department sent AD questionnaires and supplemental
questionnaires to SSV, to which SSV responded in a timely manner. As
explained in the memorandum from the Acting Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll all administrative deadlines due to the recent closure of the
Federal Government.\3\ Accordingly, all deadlines in this segment of
the proceeding have been extended by four business days. On June 6,
2016, the Department partially extended the deadline for issuing the
preliminary results until September 21, 2016.\4\ On September 20, 2016,
the Department fully extended the deadline for issuing the preliminary
results until October 5, 2016.\5\
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\1\ See Certain Oil Country Tubular Goods From India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Social
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods From the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691 (September 10, 2014) and Certain Oil Country Tubular Goods
From India, the Republic of Korea, Taiwan, the Republic of Turkey,
and the Socialist Republic of Vietnam: Notice of Correction to the
Antidumping Duty Orders With Respect to Turkey and the Socialist
Republic of Vietnam, 79 FR 59740 (October 3, 2014).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 69193 (November 9, 2015) (Initiation
Notice).
\3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,'' dated January 27, 2016.
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, ``Oil
Country Tubular Goods from Vietnam: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated June 6, 2016.
\5\ See Memorandum to Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, ``Oil
Country Tubular Goods from Vietnam: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated September 20, 2016.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is certain oil country tubular
goods (OCTG).
The merchandise subject to the order 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 order 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.
While the HTSUS subheadings above are provided for convenience and
customs purposes, the written description is dispositive. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.\6\
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\6\ See Memorandum from Christian Marsh to Ronald K. Lorentzen,
``Certain Oil Country Tubular Goods from the Socialist Republic of
Vietnam: Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review,'' dated October 5, 2016
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended
(the Act). Constructed export prices have been calculated in accordance
with section 772(b) of the Act. Because Vietnam is a non-market economy
(NME) within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
Application of Separate Rates in NME Proceedings
In the Initiation Notice, the Department notified parties of the
application process by which exporters may obtain separate rate status
in an NME proceeding.\7\ It is the Department's policy to assign all
exporters of the merchandise subject to review in NME countries a
single rate unless an exporter can affirmatively demonstrate an absence
of government control, both in law (de jure) and in fact (de facto),
with respect to exports. To establish whether a company is sufficiently
independent to be entitled to a separate, company-specific rate, the
Department analyzes each exporting entity in an NME country under the
test established in Sparklers,\8\ as further developed by Silicon
Carbide.\9\ However, if the Department determines that a company is
wholly foreign-owned, then an analysis of the de jure and de facto
criteria is not necessary to determine whether it is independent from
government control.\10\
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\7\ See Initiation Notice.
\8\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991) (``Sparklers'').
\9\ See Notice of Final Determination of Sales at Less Than Fair
Value: Silicon Carbide from the People's Republic of China, 59 FR
22585 (May 2, 1994) (``Silicon Carbide'').
\10\ See, e.g., Final Results of Antidumping Duty Administrative
Review: Petroleum Wax Candles from the People's Republic of China,
72 FR 52355, 52356 (September 13, 2007).
---------------------------------------------------------------------------
Vietnam-Wide Entity
The Department's policy regarding conditional review of the
Vietnam-wide entity applies to this administrative review.\11\ Under
this policy, the
[[Page 71073]]
Vietnam-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity. Because no party requested a review of the Vietnam-wide
entity in this review, the entity is not under review and the entity's
rate (i.e., 111.47 percent) \12\ is not subject to change.
---------------------------------------------------------------------------
\11\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\12\ See Amended Final Determination, FR 79 at 53694.
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists for the period February 25,
2014, through August 31, 2015:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
SeAH Steel VINA Corporation............................. 0.00
------------------------------------------------------------------------
Disclosure, Public Comment, and Opportunity To Request a Hearing
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\13\ Rebuttals to case briefs, which must be limited
to issues raised in the case briefs, may be filed within five days
after the time limit for filing case briefs.\14\ Parties who submit
arguments are requested to submit with the argument: (a) A statement of
the issue, (b) a brief summary of the argument, and (c) a table of
authorities.\15\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.\16\
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\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d)(1)-(2).
\15\ See 19 CFR 351.309(c)(2), (d)(2).
\16\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, at a date and time to be
determined.\17\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\17\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\18\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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\18\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
For assessment purposes, the Department applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification.\19\ For any individually
examined respondent whose weighted average dumping margin is above de
minimis (i.e., 0.50 percent) in the final results of this review, the
Department will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales to the total entered value of sales, in
accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-)
specific ad valorem rate is greater than de minimis, the Department
will instruct CBP to collect the appropriate duties at the time of
liquidation.\20\ Where either a respondent's weighted average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
ad valorem is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\21\
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\19\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) in
the manner described in more detail in the Preliminary Decision
Memorandum.
\20\ See 19 CFR 351.212(b)(1).
\21\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from the Vietnam entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For the companies
listed above that have a separate rate, the cash deposit rate will be
that established in the final results of this review (except, if the
rate is zero or de minimis, then zero cash deposit will be required);
(2) for previously investigated or reviewed Vietnamese and non-
Vietnamese exporters not listed above that received a separate rate in
a prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all Vietnamese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
Vietnamese-wide entity; and (4) for all non-Vietnamese exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the Vietnamese exporter
that supplied that non-Vietnamese exporter. These deposit requirements,
when imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Country Status
b. Separate Rates
c. Vietnam-Wide Entity
d. Surrogate Country
[[Page 71074]]
e. Comparisons to Normal Value
f. Determination of Comparison Method
g. Results of Differential Pricing Analysis
h. Date of Sale
i. U.S. Price
j. Normal Value
k. Factor Valuations
l. Currency Conversion
5. Recommendation
[FR Doc. 2016-24797 Filed 10-13-16; 8:45 am]
BILLING CODE 3510-DS-P
