Termination of the Suspension Agreement on Certain Oil Country Tubular Goods From Ukraine, Rescission of Administrative Review, and Issuance of Antidumping Duty Order, 33918-33920 [2019-15073]
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33918
Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Notices
occurred and the subsequent assessment
of double antidumping duties.
DC 20230; telephone: (202) 482–0162 or
(202) 482–0408, respectively.
Notification to Interested Parties
SUPPLEMENTARY INFORMATION:
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.
Background
Dated: July 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available with an
Adverse Inference
V. Affiliation and Collapsing
VI. Rates for Respondents Not Selected for
Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019–15074 Filed 7–15–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–815]
Termination of the Suspension
Agreement on Certain Oil Country
Tubular Goods From Ukraine,
Rescission of Administrative Review,
and Issuance of Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 10, 2019, the
Agreement Suspending the
Antidumping Duty Investigation on
Certain Oil Country Tubular Goods from
Ukraine (the Agreement) terminates.
Accordingly, the Department of
Commerce (Commerce) is issuing an
antidumping duty (AD) order on certain
oil country tubular goods (OCTG) from
Ukraine. Commerce is directing the
suspension of liquidation and collection
of cash deposits to begin on July 10,
2019. Additionally, Commerce is
rescinding the administrative review of
the Agreement.
DATES: Applicable July 10, 2019.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
jspears on DSK30JT082PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
17:33 Jul 15, 2019
Jkt 247001
On July 22, 2013, Commerce initiated
an antidumping duty investigation
under section 732 of the Tariff Act of
1930, as amended (the Act) to determine
whether imports of OCTG from Ukraine
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV).1 On August 16, 2013, the U.S.
International Trade Commission (ITC)
notified Commerce of its affirmative
preliminary injury determination in this
case.2 On February 14, 2014, Commerce
preliminarily determined that OCTG is
being, or is likely to be, sold in the
United States at LTFV, as provided in
section 733 of the Act. On this same
date, Commerce also preliminarily
determined that there is not a
reasonable basis to believe or suspect
that critical circumstances exist with
respect to OCTG from Ukraine and
postponed the final determination in
this investigation until no later than July
10, 2014.3
Commerce and Interpipe and North
American Interpipe (collectively,
Interpipe) signed the Agreement on July
10, 2014, and the Agreement was
published on July 18, 2014.4 The terms
of the Agreement stipulated that the
Agreement would terminate on July 10,
2017.
Pursuant to section 734(g) of the Act,
the investigation was continued based
upon requests by Interpipe and
Maverick Tube Corporation; United
States Steel Corporation; Boomerang
Tube LLC; EnergeX, division of JMC
Steel Group; Northwest Pipe Company;
Tejas Tubular Products, Inc.; TMK
IPSCO; Welded Tube USA, Inc.;
Wheatland Tube Company; and
Vallourec Star L.P. (collectively,
petitioners). Both Commerce’s final
1 See Certain Oil Country Tubular Goods from
India, the Republic of Korea, the Republic of the
Philippines, Saudi Arabia, Taiwan, Thailand, the
Republic of Turkey, Ukraine, and the Socialist
Republic of Vietnam: Initiation of Antidumping
Duty Investigations, 78 FR 45505 (July 29, 2013).
2 See Certain Oil Country Tubular Goods from
India, Korea, The Philippines, Saudi Arabia,
Taiwan, Thailand, Turkey, Ukraine, and Vietnam:
Determinations, Inv. Nos. 701–TA–499–500 and
731–TA–1215–1223 (Preliminary) USITC Pub. No.
4422, 78 FR 52213 (August 22, 2013).
3 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).
4 See Suspension of Antidumping Duty
Investigation: Certain Oil Country Tubular Goods
from Ukraine, 79 FR 41959 (July 18, 2014).
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determination and the ITC’s final injury
determination were affirmative.5
Following requests by Interpipe, on
July 17, 2017, Commerce and Interpipe
amended the Agreement to extend its
term for one additional year, until July
10, 2018.6 On July 5, 2018, at the request
of Interpipe, Commerce and Interpipe
amended the Agreement to extend the
Agreement for one additional year, until
July 10, 2019.7
On December 7, 2018, Interpipe
requested an extension of the
Agreement for an additional five years,
until July 10, 2024.8 On December 18,
2018, Commerce invited interested
parties to comment on Interpipe’s
request.9 On February 19, 2019, U.S.
petitioning companies Maverick Tube
Corporation, United States Steel
Corporation, Vallourec Star, L.P., TMK
IPSCO, and Welded Tube USA Inc.,
submitted comments opposing
Interpipe’s request and asking
Commerce to allow the Agreement to
terminate as scheduled, and proceed to
issue an AD order on July 10, 2019.10
Interpipe submitted additional
comments in support of its request on
the same day.11
5 See Certain Oil Country Tubular Goods from
Ukraine: Final Determination of Sales at Less Than
Fair Value and Final Negative Determination of
Critical Circumstances, 79 FR 41969 (July 18, 2014)
(Final Determination) and Certain Oil Country
Tubular Goods from Ukraine: Amended Final
Determination of Sales at Less Than Fair Value, 79
FR 52303 (September 3, 2014) (Amended Final
Determination). See also Certain Oil Country
Tubular Goods from India, Korea, The Philippines,
Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine,
and Vietnam, Inv. Nos. 701–TA–499–500 and 731–
TA–1215–1223 (Final) USITC Pub. No. 4489, 79 FR
53080 (September 5, 2014) (ITC Final
Determination).
6 See Amendment to the Agreement Suspending
the Antidumping Duty Investigation on Certain Oil
Country Tubular Goods from Ukraine, 82 FR 32681
(July 17, 2017).
7 See Amendment to the Agreement Suspending
the Antidumping Duty Investigation on Certain Oil
Country Tubular Goods from Ukraine, 83 FR 31369
(July 5, 2018).
8 See Letter to Wilbur Ross, Secretary of
Commerce, from Interpipe, ‘‘Antidumping Duty
Suspension Agreement on Certain Oil Country
Tubular Goods from Ukraine: Request to Extend the
Suspension Agreement’’ (December 7, 2018)
(Extension Request).
9 See Memorandum to the File, ‘‘Agreement
Suspending the Antidumping Duty Investigation on
Oil Country Tubular Goods from Ukraine: Request
for Comment’’ (December 18, 2018).
10 See Letter to Wilbur Ross, Secretary of
Commerce, from Maverick Tube Corporation, et al.,
‘‘Comments in Opposition to Interpipe’s Request to
Further Extend for an Additional 5 Years the
Agreement Suspending the Antidumping
Investigation of Certain Oil Country Tubular Goods
from Ukraine’’ (February 19, 2019).
11 See Letter to Wilbur Ross, Secretary of
Commerce, from Interpipe, ‘‘Antidumping Duty
Suspension Agreement on Certain Oil Country
Tubular Goods from Ukraine: Additional Letter in
Support of Request to Extend Suspension
Agreement’’ (February 19, 2019).
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Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Notices
On June 4, 2019, Commerce initiated
and the ITC instituted a five-year sunset
review of the OCTG suspended
investigation.12
Scope of the Order
See Appendix I for a complete
description of the scope of the AD order.
Termination of Suspension Agreement
On July 10, 2019, Commerce notified
Interpipe of its decision not to extend
the Agreement as requested by Interpipe
and that the Agreement would terminate
pursuant to Section H of the Agreement,
which states (in part):
This Agreement shall terminate five years
after the effective date of this Agreement, on
July 10, 2019. At that time, in the event the
antidumping duty investigation with respect
to OCTG from Ukraine is continued pursuant
to section 734(g) of the Act and results in
affirmative determinations, as referenced in
sections 735(a)(1) and (b)(1) of the Act, by the
Department and the International Trade
Commission respectively, the Department
shall issue an antidumping duty order and
order the suspension of liquidation on entries
of OCTG from Ukraine in accordance with
section 735(c) of the Act.13
Therefore, pursuant to Section H of the
Agreement, the Agreement terminates
on July 10, 2019.
Rescission of Administrative Review
On September 10, 2018, Commerce
initiated an administrative review of the
Agreement for the period July 1, 2017
through June 30, 2018.14 Because the
Agreement terminates effective July 10,
2019, there is no longer an agreement of
which to conduct an administrative
review. Therefore, Commerce is
rescinding the administrative review of
the Agreement effective on the date of
termination of the Agreement, i.e., July
10, 2019.
Antidumping Duty Order
As noted above, the underlying
investigation in this proceeding was
continued pursuant to section 734(g) of
the Act. Commerce made a final
affirmative AD determination, and the
ITC found material injury.15 Therefore,
in light of the termination of the
Agreement and the final affirmative
determinations issued by Commerce
and ITC, in accordance with section
735(c)(2) of the Act, Commerce is
issuing an AD order and will instruct
U.S. Customs and Border Protection
(CBP) to suspend liquidation of entries
of subject merchandise, entered, or
withdrawn from warehouse, for
consumption on or after July 10, 2019.
These suspension-of-liquidation
instructions will remain in effect until
further notice.
In accordance with section 736(a)(1)
of the Act, Commerce is directing CBP
to assess, upon further instruction by
Commerce, antidumping duties equal to
the amount by which the normal value
of the merchandise exceeds the export
price (or constructed export price) of the
merchandise, for all entries of OCTG
from Ukraine subject to the scope of this
order in Appendix 1 below.
Commerce also shall instruct CBP to
require a cash deposit for each entry
equal to the AD estimated weightedaverage margin rates found in
Commerce’s Amended Final
Determination, as listed below.
Accordingly, for entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after July 10, 2019, CBP will require, at
the same time as importers would
normally deposit estimated duties on
the subject merchandise, a cash deposit
equal to the estimated weighted-average
dumping margins listed below.
Therefore, effective July 10, 2019, CBP
shall require a cash deposit equal to the
cash deposit rates shown below. The allothers rate applies to all producers and
exporters of subject merchandise not
specifically listed. The ad valorem rates
for this antidumping duty order are as
follows:
Estimated
weightedaverage
margin
(percent)
Manufacturer/exporter
Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky Tube Rolling Plant (aka Interpipe NTRP); LLC
Interpipe Niko Tube ................................................................................................................................................................................
All Others ...................................................................................................................................................................................................
Notification to Interested Parties
jspears on DSK30JT082PROD with NOTICES
This notice constitutes the AD order
with respect to OCTG from Ukraine
pursuant to section 736(a) of the Act.
Interested parties can find a list of AD
orders currently in effect at https://
www.trade.gov/enforcement/. This order
is issued and published in accordance
with section 736(a) of the Act and 19
CFR 351.211(b).
12 See Initiation of Five-Year (Sunset) Reviews, 84
FR 25741 (June 4, 2019).
13 See Suspension of Antidumping Duty
Investigation: Certain Oil Country Tubular Goods
from Ukraine, 79 FR 41959 (July 18, 2014),
amended in Amendment to the Agreement
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33919
7.47
7.47
The merchandise subject to this Order is
certain oil country tubular goods (OCTG)
from Ukraine, 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.
Excluded from the scope of this order 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 this
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,
Suspending the Antidumping Duty Investigation on
Certain Oil Country Tubular Goods from Ukraine,
82 FR 32681 (July 17, 2017), amended in
Amendment to the Agreement Suspending the
Antidumping Duty Investigation on Certain Oil
Country Tubular Goods from Ukraine, 83 FR 31369
(July 5, 2018).
14 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
50077, 50086 (October 4, 2018).
15 See Final Determination, Amended Final
Determination, and ITC Final Determination,
respectively.
Dated: July 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I: Scope of the Order
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Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Notices
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 this 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.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the product coverage is dispositive.
[FR Doc. 2019–15073 Filed 7–15–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
determination of circumvention of the
antidumping duty order on diamond
sawblades from China.1 Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018 through the resumption of
operations on January 29, 2019.2 On
April 4, 2019 3 and May 31, 2019,4
respectively, we extended the deadline
of the final determination. The revised
deadline for the final determination is
July 10, 2019.
We received case and rebuttal briefs
with respect to the Preliminary
Determination. We conducted this anticircumvention inquiry in accordance
with section 781(b) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.225(h).
Scope of the Order
The merchandise subject to the order
is diamond sawblades. The diamond
sawblades subject to the order are
currently classifiable under subheadings
8202 to 8206 of the Harmonized Tariff
Schedule of the United States (HTSUS),
and may also enter under subheading
6804.21.00. The HTSUS subheadings
are provided for convenience and
customs purposes. A full description of
the scope of the order is contained in
the Issues and Decision Memorandum.5
The written description is dispositive.
Scope of the Anti-Circumvention
Inquiry
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Final Determination of AntiCircumvention Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Diamond
Tools Technology (Thailand) Co., Ltd.
(Diamond Tools) is circumventing the
antidumping duty order on diamond
sawblades and parts thereof (diamond
sawblades) from the People’s Republic
of China (China).
DATES: Applicable July 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5760.
SUPPLEMENTARY INFORMATION:
The products covered by this anticircumvention inquiry are diamond
sawblades made with Chinese cores
and/or Chinese segments joined in
Thailand by Diamond Tools and then
jspears on DSK30JT082PROD with NOTICES
AGENCY:
Background
On November 15, 2018, Commerce
published the preliminary affirmative
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Jkt 247001
1 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Preliminary
Affirmative Determination of Circumvention, 83 FR
57425 (November 15, 2018) (Preliminary
Determination).
2 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See Memorandum, ‘‘Diamond Sawblades and
Parts Thereof from the People’s Republic of China:
Extension of Deadline for Final Determination of
Anti-Circumvention Inquiry,’’ dated April 4, 2019.
4 See Memorandum, ‘‘Diamond Sawblades and
Parts Thereof from the People’s Republic of China:
Extension of Deadline for Final Determination of
Anti-Circumvention Inquiry,’’ dated May 31, 2019.
5 See Memorandum, ‘‘Diamond Sawblades and
Parts Thereof from the People’s Republic of China:
Issues and Decision Memorandum for the Final
Determination of the Anti-Circumvention Inquiry,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum) at
2–3.
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Sfmt 4703
subsequently exported from Thailand to
the United States.6
Methodology
Commerce is conducting this anticircumvention inquiry in accordance
with section 781(b) of the Act and 19
CFR 351.225(h). For a full description of
the methodology underlying the
Commerce’s final determination, see the
Issues and Decision Memorandum. The
Issues and Decision Memorandum 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 to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this inquiry
are addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached to this notice as an
Appendix. Based on our analysis of the
comments received, we made changes to
the Preliminary Determination.
Final Affirmative Determination
As detailed in the Issues and Decision
Memorandum, we determine that
diamond sawblades made with Chinese
cores and Chinese segments joined in
Thailand by Diamond Tools and then
subsequently exported from Thailand to
the United States are circumventing the
antidumping duty order on diamond
sawblades from China. Therefore, we
determine that it is appropriate to
include this merchandise within the
scope of the antidumping duty order
and to instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
any entries of diamond sawblades
produced in Thailand by Diamond
Tools with Chinese cores and Chinese
segments and then subsequently
exported from Thailand to the United
States.
Final Negative Determination
As detailed in the Issues and Decision
Memorandum, we determine that
diamond sawblades made with Chinese
cores and Thai segments or Chinese
segments and Thai cores that are joined
in Thailand by Diamond Tools and
subsequently exported from Thailand to
the United States are not circumventing
the antidumping duty order on diamond
6 See
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Preliminary Determination, 83 FR at 57425.
16JYN1
]]>Agencies
[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Notices]
[Pages 33918-33920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15073]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-815]
Termination of the Suspension Agreement on Certain Oil Country
Tubular Goods From Ukraine, Rescission of Administrative Review, and
Issuance of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 10, 2019, the Agreement Suspending the Antidumping
Duty Investigation on Certain Oil Country Tubular Goods from Ukraine
(the Agreement) terminates. Accordingly, the Department of Commerce
(Commerce) is issuing an antidumping duty (AD) order on certain oil
country tubular goods (OCTG) from Ukraine. Commerce is directing the
suspension of liquidation and collection of cash deposits to begin on
July 10, 2019. Additionally, Commerce is rescinding the administrative
review of the Agreement.
DATES: Applicable July 10, 2019.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0162 or (202) 482-0408, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2013, Commerce initiated an antidumping duty
investigation under section 732 of the Tariff Act of 1930, as amended
(the Act) to determine whether imports of OCTG from Ukraine are being,
or are likely to be, sold in the United States at less than fair value
(LTFV).\1\ On August 16, 2013, the U.S. International Trade Commission
(ITC) notified Commerce of its affirmative preliminary injury
determination in this case.\2\ On February 14, 2014, Commerce
preliminarily determined that OCTG is being, or is likely to be, sold
in the United States at LTFV, as provided in section 733 of the Act. On
this same date, Commerce also preliminarily determined that there is
not a reasonable basis to believe or suspect that critical
circumstances exist with respect to OCTG from Ukraine and postponed the
final determination in this investigation until no later than July 10,
2014.\3\
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, the Republic of the Philippines, Saudi Arabia,
Taiwan, Thailand, the Republic of Turkey, Ukraine, and the Socialist
Republic of Vietnam: Initiation of Antidumping Duty Investigations,
78 FR 45505 (July 29, 2013).
\2\ See Certain Oil Country Tubular Goods from India, Korea, The
Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine, and
Vietnam: Determinations, Inv. Nos. 701-TA-499-500 and 731-TA-1215-
1223 (Preliminary) USITC Pub. No. 4422, 78 FR 52213 (August 22,
2013).
\3\ 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).
---------------------------------------------------------------------------
Commerce and Interpipe and North American Interpipe (collectively,
Interpipe) signed the Agreement on July 10, 2014, and the Agreement was
published on July 18, 2014.\4\ The terms of the Agreement stipulated
that the Agreement would terminate on July 10, 2017.
---------------------------------------------------------------------------
\4\ See Suspension of Antidumping Duty Investigation: Certain
Oil Country Tubular Goods from Ukraine, 79 FR 41959 (July 18, 2014).
---------------------------------------------------------------------------
Pursuant to section 734(g) of the Act, the investigation was
continued based upon requests by Interpipe and Maverick Tube
Corporation; United States Steel Corporation; Boomerang Tube LLC;
EnergeX, division of JMC Steel Group; Northwest Pipe Company; Tejas
Tubular Products, Inc.; TMK IPSCO; Welded Tube USA, Inc.; Wheatland
Tube Company; and Vallourec Star L.P. (collectively, petitioners). Both
Commerce's final determination and the ITC's final injury determination
were affirmative.\5\
---------------------------------------------------------------------------
\5\ See Certain Oil Country Tubular Goods from Ukraine: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 79 FR 41969 (July 18, 2014)
(Final Determination) and Certain Oil Country Tubular Goods from
Ukraine: Amended Final Determination of Sales at Less Than Fair
Value, 79 FR 52303 (September 3, 2014) (Amended Final
Determination). See also Certain Oil Country Tubular Goods from
India, Korea, The Philippines, Saudi Arabia, Taiwan, Thailand,
Turkey, Ukraine, and Vietnam, Inv. Nos. 701-TA-499-500 and 731-TA-
1215-1223 (Final) USITC Pub. No. 4489, 79 FR 53080 (September 5,
2014) (ITC Final Determination).
---------------------------------------------------------------------------
Following requests by Interpipe, on July 17, 2017, Commerce and
Interpipe amended the Agreement to extend its term for one additional
year, until July 10, 2018.\6\ On July 5, 2018, at the request of
Interpipe, Commerce and Interpipe amended the Agreement to extend the
Agreement for one additional year, until July 10, 2019.\7\
---------------------------------------------------------------------------
\6\ See Amendment to the Agreement Suspending the Antidumping
Duty Investigation on Certain Oil Country Tubular Goods from
Ukraine, 82 FR 32681 (July 17, 2017).
\7\ See Amendment to the Agreement Suspending the Antidumping
Duty Investigation on Certain Oil Country Tubular Goods from
Ukraine, 83 FR 31369 (July 5, 2018).
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On December 7, 2018, Interpipe requested an extension of the
Agreement for an additional five years, until July 10, 2024.\8\ On
December 18, 2018, Commerce invited interested parties to comment on
Interpipe's request.\9\ On February 19, 2019, U.S. petitioning
companies Maverick Tube Corporation, United States Steel Corporation,
Vallourec Star, L.P., TMK IPSCO, and Welded Tube USA Inc., submitted
comments opposing Interpipe's request and asking Commerce to allow the
Agreement to terminate as scheduled, and proceed to issue an AD order
on July 10, 2019.\10\ Interpipe submitted additional comments in
support of its request on the same day.\11\
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\8\ See Letter to Wilbur Ross, Secretary of Commerce, from
Interpipe, ``Antidumping Duty Suspension Agreement on Certain Oil
Country Tubular Goods from Ukraine: Request to Extend the Suspension
Agreement'' (December 7, 2018) (Extension Request).
\9\ See Memorandum to the File, ``Agreement Suspending the
Antidumping Duty Investigation on Oil Country Tubular Goods from
Ukraine: Request for Comment'' (December 18, 2018).
\10\ See Letter to Wilbur Ross, Secretary of Commerce, from
Maverick Tube Corporation, et al., ``Comments in Opposition to
Interpipe's Request to Further Extend for an Additional 5 Years the
Agreement Suspending the Antidumping Investigation of Certain Oil
Country Tubular Goods from Ukraine'' (February 19, 2019).
\11\ See Letter to Wilbur Ross, Secretary of Commerce, from
Interpipe, ``Antidumping Duty Suspension Agreement on Certain Oil
Country Tubular Goods from Ukraine: Additional Letter in Support of
Request to Extend Suspension Agreement'' (February 19, 2019).
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[[Page 33919]]
On June 4, 2019, Commerce initiated and the ITC instituted a five-
year sunset review of the OCTG suspended investigation.\12\
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\12\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 25741
(June 4, 2019).
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Scope of the Order
See Appendix I for a complete description of the scope of the AD
order.
Termination of Suspension Agreement
On July 10, 2019, Commerce notified Interpipe of its decision not
to extend the Agreement as requested by Interpipe and that the
Agreement would terminate pursuant to Section H of the Agreement, which
states (in part):
This Agreement shall terminate five years after the effective
date of this Agreement, on July 10, 2019. At that time, in the event
the antidumping duty investigation with respect to OCTG from Ukraine
is continued pursuant to section 734(g) of the Act and results in
affirmative determinations, as referenced in sections 735(a)(1) and
(b)(1) of the Act, by the Department and the International Trade
Commission respectively, the Department shall issue an antidumping
duty order and order the suspension of liquidation on entries of
OCTG from Ukraine in accordance with section 735(c) of the Act.\13\
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\13\ See Suspension of Antidumping Duty Investigation: Certain
Oil Country Tubular Goods from Ukraine, 79 FR 41959 (July 18, 2014),
amended in Amendment to the Agreement Suspending the Antidumping
Duty Investigation on Certain Oil Country Tubular Goods from
Ukraine, 82 FR 32681 (July 17, 2017), amended in Amendment to the
Agreement Suspending the Antidumping Duty Investigation on Certain
Oil Country Tubular Goods from Ukraine, 83 FR 31369 (July 5, 2018).
Therefore, pursuant to Section H of the Agreement, the Agreement
terminates on July 10, 2019.
Rescission of Administrative Review
On September 10, 2018, Commerce initiated an administrative review
of the Agreement for the period July 1, 2017 through June 30, 2018.\14\
Because the Agreement terminates effective July 10, 2019, there is no
longer an agreement of which to conduct an administrative review.
Therefore, Commerce is rescinding the administrative review of the
Agreement effective on the date of termination of the Agreement, i.e.,
July 10, 2019.
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\14\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 50077, 50086 (October 4, 2018).
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Antidumping Duty Order
As noted above, the underlying investigation in this proceeding was
continued pursuant to section 734(g) of the Act. Commerce made a final
affirmative AD determination, and the ITC found material injury.\15\
Therefore, in light of the termination of the Agreement and the final
affirmative determinations issued by Commerce and ITC, in accordance
with section 735(c)(2) of the Act, Commerce is issuing an AD order and
will instruct U.S. Customs and Border Protection (CBP) to suspend
liquidation of entries of subject merchandise, entered, or withdrawn
from warehouse, for consumption on or after July 10, 2019. These
suspension-of-liquidation instructions will remain in effect until
further notice.
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\15\ See Final Determination, Amended Final Determination, and
ITC Final Determination, respectively.
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In accordance with section 736(a)(1) of the Act, Commerce is
directing CBP to assess, upon further instruction by Commerce,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price (or constructed export price) of
the merchandise, for all entries of OCTG from Ukraine subject to the
scope of this order in Appendix 1 below.
Commerce also shall instruct CBP to require a cash deposit for each
entry equal to the AD estimated weighted-average margin rates found in
Commerce's Amended Final Determination, as listed below. Accordingly,
for entries of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after July 10, 2019, CBP will require,
at the same time as importers would normally deposit estimated duties
on the subject merchandise, a cash deposit equal to the estimated
weighted-average dumping margins listed below. Therefore, effective
July 10, 2019, CBP shall require a cash deposit equal to the cash
deposit rates shown below. The all-others rate applies to all producers
and exporters of subject merchandise not specifically listed. The ad
valorem rates for this antidumping duty order are as follows:
------------------------------------------------------------------------
Estimated
weighted-
Manufacturer/exporter average
margin
(percent)
------------------------------------------------------------------------
Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe 7.47
Niznedneprovsky Tube Rolling Plant (aka Interpipe NTRP);
LLC Interpipe Niko Tube....................................
All Others.................................................. 7.47
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Notification to Interested Parties
This notice constitutes the AD order with respect to OCTG from
Ukraine pursuant to section 736(a) of the Act. Interested parties can
find a list of AD orders currently in effect at https://www.trade.gov/enforcement/. This order is issued and published in accordance with
section 736(a) of the Act and 19 CFR 351.211(b).
Dated: July 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I: Scope of the Order
The merchandise subject to this Order is certain oil country
tubular goods (OCTG) from Ukraine, 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.
Excluded from the scope of this order 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 this 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,
[[Page 33920]]
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 this 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.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
product coverage is dispositive.
[FR Doc. 2019-15073 Filed 7-15-19; 8:45 am]
BILLING CODE 3510-DS-P
