Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 62504-62506 [2019-24764]
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62504
Federal Register / Vol. 84, No. 221 / Friday, November 15, 2019 / Notices
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States, or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, any licenses issued under the
Regulations in which AW-Tronics has
an interest as of the date of this Order
shall be revoked by BIS.
Fourth, after notice and opportunity
for comment as provided in Section
766.23 of the Regulations, any person,
firm, corporation, or business
organization related to the Denied
Person by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services
may also be made subject to the
provisions of this Order.
Fifth, AW-Tronics shall not take any
action or make or permit to be made any
public statement, directly or indirectly,
denying the allegations in the Charging
Letter or this Order.
Sixth, the Charging Letter, the
Settlement Agreement, and this Order
shall be made available to the public.
Seventh, this Order shall be served on
AW-Tronics and shall be published in
the Federal Register.
This Order, which constitutes the
final agency action in this matter related
to AW-Tronics, is effective immediately.
Dated: October 30, 2019.
Douglas R. Hassebrock,
Director, Office of Export Enforcement,
performing the non-exclusive functions and
duties of the Assistant Secretary of Commerce
for Export Enforcement.
[FR Doc. 2019–24824 Filed 11–14–19; 8:45 am]
BILLING CODE 3510–33–P
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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
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain oil country tubular goods
(OCTG) from the Socialist Republic of
Vietnam (Vietnam) are being sold in the
United States at less than normal value
(NV) during the period of review (POR)
September 1, 2017 through October 31,
2018. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable November 15, 2019.
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:
Background
On November 15, 2018, Commerce
initiated an administrative review of the
antidumping order on OCTG from
Vietnam.1 The review covers SeAH
Steel VINA Corporation (SSV) and its
U.S. affiliate Pusan Pipe America, Inc.
(PPA).2 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, 2019.3 Commerce extended the
deadline for the preliminary results
until November 8, 2019.4
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411 (November 15, 2018) (Initiation Notice).
2 PPA is the importer of record for all of SSV’s
shipments of subject merchandise to the United
States during the POR. See SSV December 19, 2018
Section A Questionnaire Response at 1.
3 See Memorandum, ‘‘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.
4 See Memoranda, ‘‘Certain Oil Country Tubular
Goods from the Socialist Republic of Vietnam:
Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
July 2, 2019; and ‘‘Certain Oil Country Tubular
Goods from the Socialist Republic of Vietnam:
Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
October 9, 2019.
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For a full description of events that
have occurred since the Initiation
Notice, see the Preliminary Decision
Memorandum.5 A list of topics included
in the Preliminary Decision
Memorandum is included as an
appendix to this notice. 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 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.
Scope of the Order
The merchandise covered by the order
is certain 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,
5 See Memorandum, ‘‘Certain Oil Country
Tubular Goods from the Socialist Republic of
Vietnam: Decision Memorandum for the
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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.
Methodology
Commerce 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.
Application of Separate Rates in NME
Proceedings
In the Initiation Notice, Commerce
notified parties of the application
process by which exporters may obtain
separate rate status in an NME
proceeding.6 It is Commerce’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, companyspecific rate, Commerce analyzes each
exporting entity in an NME country
under the test established in Sparklers,7
as further developed by Silicon
Carbide.8 However, if Commerce
determines that a company is wholly
6 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).
8 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).
7 See
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62505
(b) a brief summary of the argument,
and (c) a table of authorities.14 Parties
submitting briefs should do so pursuant
to Commerce’s electronic filing system,
ACCESS.15
Vietnam-Wide Entity
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Commerce’s policy regarding
conditional review of the Vietnam-wide hearing must submit a written request to
the Assistant Secretary for Enforcement
entity applies to this administrative
and Compliance within 30 days of the
review.10 Under this policy, the
date of publication of this notice.
Vietnam-wide entity will not be under
Requests should contain the party’s
review unless a party specifically
name, address and telephone number,
requests, or Commerce self-initiates, a
the number of participants, whether any
review of the entity. Because no party
requested a review of the Vietnam-wide participant is a foreign national and a
list of the issues to be discussed. Issues
entity in this review, the entity is not
raised in the hearing will be limited to
under review and the entity’s rate (i.e.,
those raised in the respective case and
111.47 percent) 11 is not subject to
rebuttal briefs. If a request for a hearing
change.
is made, Commerce intends to hold the
Preliminary Results of Review
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
Commerce preliminarily determines
NW, Washington, DC 20230, at a date
that the following weighted-average
and time to be determined.16 Parties
dumping margin exists for the period
should
confirm by telephone the date,
September 1, 2017 through August 31,
time, and location of the hearing two
2018:
days before the scheduled date.
Commerce intends to issue the final
Weightedaverage
results of this administrative review,
Exporter
margin
which will include the results of our
(percent)
analysis of all issues raised in the case
briefs, within 120 days of publication of
SeAH Steel VINA Corporathese preliminary results in the Federal
tion/Pusan Pipe America,
Inc .....................................
1.78 Register, pursuant to section
751(a)(3)(A) of the Act, unless extended.
Disclosure, Public Comment and
Assessment Rates
Opportunity To Request a Hearing
Upon issuance of the final results,
Commerce will disclose the
Commerce will determine, and U.S.
calculations used in our analysis to
Customs and Border Protection (CBP)
parties in this review within five days
shall assess, antidumping duties on all
of the date of publication of this notice
appropriate entries covered by this
in accordance with 19 CFR 351.224(b).
review.17 Commerce intends to issue
Interested parties may submit case briefs assessment instructions to CBP 15 days
within 30 days after the date of
after the publication date of the final
publication of these preliminary results
results of this review.
of review in the Federal Register.12
For assessment purposes, Commerce
Rebuttals to case briefs, which must be
applied the assessment rate calculation
limited to issues raised in the case
method adopted in the Antidumping
briefs, may be filed within five days
Final Modification.18 For any
after the time limit for filing case
individually examined respondent
briefs.13 Parties who submit arguments
whose weighted average dumping
are requested to submit with the
margin is above de minimis (i.e., 0.50
argument: (a) A statement of the issue,
percent) in the final results of this
review, Commerce will calculate
9 See, e.g., Final Results of Antidumping Duty
importer-specific assessment rates on
Administrative Review: Petroleum Wax Candles
the basis of the ratio of the total amount
from the People’s Republic of China, 72 FR 52355,
of dumping calculated for the importer’s
52356 (September 13, 2007).
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.9
10 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).
11 See Certain Oil Country Tubular Goods From
the Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79
FR 53691, 53694 (September 10, 2014).
12 See 19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d)(1)–(2); see also 19 CFR
351.303 (for general filing requirements).
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14 See
19 CFR 351.309(c)(2), (d)(2).
19 CFR 351.303 (for general filing
requirements).
16 See 19 CFR 351.310(d).
17 See 19 CFR 351.212(b).
18 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) (Antidumping Final
Modification), in the manner described in more
detail in the Preliminary Decision Memorandum.
15 See
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62506
Federal Register / Vol. 84, No. 221 / Friday, November 15, 2019 / Notices
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, Commerce
will instruct CBP to collect the
appropriate duties at the time of
liquidation.19 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,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.20
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 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
examined Vietnamese and nonVietnamese exporters not listed above
that at the time of entry are eligible for
a separate rate based on a prior
completed segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific cash
deposit rate; (3) for all Vietnamese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate at the time of entry, the
cash deposit rate will be that for the
Vietnamese-wide entity; and (4) for all
non-Vietnamese exporters of subject
merchandise that at the time of entry are
not eligible for a separate 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 Commerce’s
presumption that reimbursement of
19 See
20 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
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antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: November 7, 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. Discussion of the Methodology
V. Duty Absorption
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2019–24764 Filed 11–14–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Rescission of Antidumping
Duty Administrative Review; 2018–
2019, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 2, 2019, the
Department of Commerce (Commerce)
initiated an administrative review on
frozen warmwater shrimp from India for
the period February 1, 2018, through
January 31, 2019, for 254 companies.
Because all interested parties timely
withdrew their requests for
administrative review for certain
companies, we are rescinding this
administrative review with respect to
those companies. For a list of the
companies for which we are rescinding
this review, see Appendix I to this
notice. For a list of the companies for
which the review is continuing, see
Appendix II to this notice.
DATES: Applicable November 15, 2019.
FOR FURTHER INFORMATION CONTACT:
Manuel Rey or Brittany Bauer, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5518 or (202) 482–3860.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On February 8, 2019, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on frozen
warmwater shrimp from India for the
period February 1, 2018, through
January 31, 2019.1 In February 2019,
Commerce received timely requests, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
to conduct an administrative review of
this antidumping duty order from the
Ad Hoc Shrimp Trade Action
Committee (the petitioner), the
American Shrimp Processors
Association (ASPA), and certain
individual companies. Based upon these
requests, on May 2, 2019, in accordance
with section 751(a) of the Act,
Commerce published in the Federal
Register a notice of initiation listing 253
companies for which Commerce
received timely requests for review.2
In July 2019, all interested parties
timely withdrew their requests for an
administrative review of certain
companies.3 These companies are listed
in Appendix I.
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 2816
(February 8, 2019).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777 (May 2, 2019) (Initiation Notice).
3 See Magnum Sea Foods Limited (MSL) and
Magnum Estates Limited (MEL) (collectively,
Magnum) Letter, ‘‘Magnum Withdrawal of Review
Request for Administrative Review of the
Antidumping Duty Order on Certain Frozen
Warmwater Shrimp from India,’’ dated July 26,
2019; West Coast Frozen Foods Private Limited
(West Coast) Letter, ‘‘Frozen Warmwater Shrimp
from lndia—Withdrawal of Request for
Antidumping Duty Admin Review of West Coast
Frozen Foods Private Limited,’’ dated July 30, 2019;
Jafadeesh Marine Exports’ Letter, ‘‘Certain Frozen
Warmwater Shrimp from India: Withdrawal of
Request for 14th Administrative Review covering
the Period from 01st February 2018 to 31st January
2019,’’ dated July 30, 2019; Mangala Marine Exim
India Private Limited Letter, ‘‘Certain Frozen
Warmwater Shrimp from India: Withdrawal of
Request for 14th Administrative Review covering
the Period from 01st February 2018 to 31st January
2019,’’ dated July 29, 2019; Liberty Group
comprised of Devi Marine Food Exports (P) Ltd.,
Universal Cold Storage (P) Ltd., Kader Exports (P)
Ltd., Liberty Frozen Foods (P) Ltd., Premier Marine
Products (P) Ltd., Kader Investment & Trading
Company (P) Ltd., and Liberty Oil Mills Limited)
(collectively Liberty Group), Devi Fisheries Group
(comprised of Devi Fisheries Limited, Satya
Seafoods Private Limited, Usha Seafoods, and Devi
Aquatech Private Limited), and Falcon Marine
Exports Limited (Falcon) Letter, ‘‘Certain Frozen
Warmwater Shrimp from India: Withdrawal of
Requests for Administrative Review for Liberty
Group, Falcon and Devi Fisheries Group (2/01/18–
1/31/19),’’ dated July 30, 2019; twenty-five (25)
Indian producers and/or exporters Letter, ‘‘Certain
Frozen Warmwater Shrimp from India: Withdrawal
of Requests for Administrative Review for 25 Indian
Producers/Exporters (02/01/18–01/31/19),’’ dated
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]]>Agencies
[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Notices]
[Pages 62504-62506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24764]
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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: The Department of Commerce (Commerce) preliminarily determines
that certain oil country tubular goods (OCTG) from the Socialist
Republic of Vietnam (Vietnam) are being sold in the United States at
less than normal value (NV) during the period of review (POR) September
1, 2017 through October 31, 2018. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable November 15, 2019.
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 15, 2018, Commerce initiated an administrative review
of the antidumping order on OCTG from Vietnam.\1\ The review covers
SeAH Steel VINA Corporation (SSV) and its U.S. affiliate Pusan Pipe
America, Inc. (PPA).\2\ 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.\3\ Commerce extended the deadline for the preliminary results
until November 8, 2019.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018) (Initiation
Notice).
\2\ PPA is the importer of record for all of SSV's shipments of
subject merchandise to the United States during the POR. See SSV
December 19, 2018 Section A Questionnaire Response at 1.
\3\ See Memorandum, ``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.
\4\ See Memoranda, ``Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Review,''
dated July 2, 2019; and ``Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Review,''
dated October 9, 2019.
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For a full description of events that have occurred since the
Initiation Notice, see the Preliminary Decision Memorandum.\5\ A list
of topics included in the Preliminary Decision Memorandum is included
as an appendix to this notice. 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 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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is certain 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,
[[Page 62505]]
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.
Methodology
Commerce 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.
Application of Separate Rates in NME Proceedings
In the Initiation Notice, Commerce notified parties of the
application process by which exporters may obtain separate rate status
in an NME proceeding.\6\ It is Commerce'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,
Commerce analyzes each exporting entity in an NME country under the
test established in Sparklers,\7\ as further developed by Silicon
Carbide.\8\ However, if Commerce 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.\9\
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\6\ See Initiation Notice.
\7\ 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).
\8\ 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).
\9\ 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).
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Vietnam-Wide Entity
Commerce's policy regarding conditional review of the Vietnam-wide
entity applies to this administrative review.\10\ Under this policy,
the Vietnam-wide entity will not be under review unless a party
specifically requests, or Commerce 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) \11\ is not subject to change.
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\10\ 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).
\11\ See Certain Oil Country Tubular Goods From the Socialist
Republic of Vietnam: Amended Final Determination of Sales at Less
Than Fair Value, 79 FR 53691, 53694 (September 10, 2014).
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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period September 1, 2017 through
August 31, 2018:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
SeAH Steel VINA Corporation/Pusan Pipe America, Inc..... 1.78
------------------------------------------------------------------------
Disclosure, Public Comment and Opportunity To Request a Hearing
Commerce 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.\12\
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.\13\ 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.\14\ Parties
submitting briefs should do so pursuant to Commerce's electronic filing
system, ACCESS.\15\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1)-(2); see also 19 CFR 351.303 (for
general filing requirements).
\14\ See 19 CFR 351.309(c)(2), (d)(2).
\15\ 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 the party's name,
address and telephone number, the number of participants, whether any
participant is a foreign national and a list of the issues to be
discussed. 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, Commerce 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.\16\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\16\ See 19 CFR 351.310(d).
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Commerce 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, unless extended.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\17\ Commerce
intends to issue assessment instructions to CBP 15 days after the
publication date of the final results of this review.
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\17\ See 19 CFR 351.212(b).
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For assessment purposes, Commerce applied the assessment rate
calculation method adopted in the Antidumping Final Modification.\18\
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, Commerce will calculate importer-specific assessment rates
on the basis of the ratio of the total amount of dumping calculated for
the importer's
[[Page 62506]]
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, Commerce will instruct CBP to
collect the appropriate duties at the time of liquidation.\19\ 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, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\20\
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\18\ 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)
(Antidumping Final Modification), in the manner described in more
detail in the Preliminary Decision Memorandum.
\19\ See 19 CFR 351.212(b)(1).
\20\ 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 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 examined Vietnamese and non-Vietnamese exporters not listed
above that at the time of entry are eligible for a separate rate based
on a prior completed segment of this proceeding, the cash deposit rate
will continue to be the existing exporter-specific cash deposit rate;
(3) for all Vietnamese exporters of subject merchandise that have not
been found to be entitled to a separate rate at the time of entry, the
cash deposit rate will be that for the Vietnamese-wide entity; and (4)
for all non-Vietnamese exporters of subject merchandise that at the
time of entry are not eligible for a separate 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 Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: November 7, 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. Discussion of the Methodology
V. Duty Absorption
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2019-24764 Filed 11-14-19; 8:45 am]
BILLING CODE 3510-DS-P
