Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; 2017-2018, 41552-41554 [2020-14919]
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the Final Rule,14 available
at https://enforcement.trade.gov/frn/
2013/1304frn/2013-08227.txt, prior to
submitting factual information in this
segment. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until July 17, 2020, unless
extended.15
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information
using the formats provided at the end of
the Final Rule.16 Commerce intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
certification requirements.
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Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by Commerce.17 In
general, an extension request will be
considered untimely if it is filed after
the time limit established under Part
351 expires. For submissions which are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) Case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
14 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
29615 (May 18, 2020).
16 See section 782(b) of the Act; see also Final
Rule; and the frequently asked questions regarding
the Final Rule, available at https://
enforcement.trade.gov/tlei/notices/factual_info_
final_rule_FAQ_07172013.pdf.
17 See 19 CFR 351.302.
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information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: July 6, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–14834 Filed 7–9–20; 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: Final Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that exporters of oil
country tubular goods (OCTG) from the
Socialist Republic of Vietnam (Vietnam)
did not sell subject merchandise in the
United States at prices below normal
value during the period of review (POR)
September 1, 2017 through August 31,
2018.
AGENCY:
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DATES:
Applicable July 10, 2020.
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:
FOR FURTHER INFORMATION CONTACT:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on OCTG from
Vietnam in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). Commerce initiated
this review on November 15, 2018.1 On
November 15, 2019, Commerce
published the Preliminary Results of
this administrative review.2 At that
time, we invited interested parties to
comment on the Preliminary Results. On
December 16, 2019, we received case
briefs from U.S. Steel (the petitioner),
Maverick Tube Corporation and Tenaris
Bay City, Inc. (the domestic interested
parties), and SeAH Steel VINA
Corporation (SSV).3 However, on April
10, 2020, we rejected the case briefs
from the petitioner and the domestic
interested parties because they
contained new factual information filed
after the due date for filing new factual
information.4 The petitioner and the
domestic interested parties submitted
redacted versions of their case briefs on
April 14, 2020.5 On December 30, 2019,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411 (November 15, 2018).
2 See Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty Administrative Review, 84 FR
62504 (November 15, 2019) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum.
3 See Petitioner’s Case Brief, ‘‘Oil Country
Tubular Goods from the Socialist Republic of
Vietnam: Case Brief of United States Steel
Corporation,’’ dated December 16, 2019; Domestic
Interested Parties’ Case Brief, Oil Country Tubular
Goods from the Socialist Republic of Vietnam: Case
Brief of Maverick Tube Corporation and Tenaris
Bay City, Inc.,’’ dated December 16, 2019; SSV’s
Case Brief, ‘‘Administrative Review of the
Antidumping Duty Order on Certain Oil Country
Tubular Goods from Vietnam—Case Brief of SeAH
Steel VINA Corporation and Pusan Pipe America,
Inc.,’’ dated December 16, 2019.
4 See Commerce’s Letter to the Petitioner,
‘‘Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Rejection of Case
Brief,’’ dated April 10, 2020; and Commerce Letter
to Domestic Interested Parties, ‘‘Certain Oil Country
Tubular Goods from the Socialist Republic of
Vietnam: Rejection of Case Brief,’’ dated April 10,
2020.
5 See Petitioner’s Case Brief, ‘‘Oil Country
Tubular Goods from the Socialist Republic of
Vietnam: Resubmission of December 16th Case
Brief of United States Steel Corporation,’’ dated
April 14, 2020; Domestic Interested Party’s Case
Brief, ‘‘Oil Country Tubular Goods from the
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices
the domestic interested parties and SSV
submitted rebuttal briefs.6 On April 10,
2020, Commerce rejected SSV’s rebuttal
brief because it contained new factual
information filed after the due date for
filing new factual information.7 SSV
submitted a redacted version of its
rebuttal brief on April 14, 2020.8 On
March 12, 2020, Commerce extended
the deadline for the final results of
review until May 13, 2020.9 On April
24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days,
thereby extending the deadline for these
results until July 2, 2020.10
versions of the Issues and Decision
Memorandum are identical in content.
Adjustments Due to COVID–19,’’ dated April 24,
2020.
11 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Administrative Review of the Antidumping
Duty Order on Oil Country Tubular Goods from the
Socialist Republic of Vietnam,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
Pusan Pipe America, Inc. (Pusan Pipe), but the
record shows that Pusan Pipe is a U.S. importer of
OCTG that is affiliated with SSV, and does not
produce OCTG. See SSV’s December 19, 2018
Section A Questionnaire Response at 1. Therefore,
we have not calculated a rate for Pusan Pipe.
13 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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publication of the final results of this
administrative review for all shipments
of the subject merchandise from
Changes Since the Preliminary Results
Vietnam entered, or withdrawn from
Based on our analysis of the
warehouse, for consumption on or after
comments received, we have made
the publication date, as provided for by
certain changes to the margin
section 751(a)(2)(C) of the Act: (1) For
calculation for the respondent. For a
SSV, a zero cash deposit rate; (2) for
discussion of these changes, see the
previously investigated or reviewed
‘‘Margin Calculations’’ section of the
Vietnamese and non-Vietnamese
Issues and Decision Memorandum.
exporters not listed above that received
a separate rate in a prior segment of this
Final Results of Review
proceeding, the cash deposit rate will
Commerce determines that the
continue to be the exporter-specific rate
following weighted-average dumping
published for the most-recently
margin exists for the period September
completed segment of this proceeding in
Scope of the Order
1, 2017 through August 31, 2018:
which the exporter was reviewed; (3) for
The merchandise covered by the order
all Vietnamese exporters of subject
Weighted- merchandise which have not been
is OCTG from Vietnam. For a full
average
description of the merchandise covered
found to be entitled to a separate rate,
Exporter
dumping
by the scope of the antidumping duty
the cash deposit rate will be the rate
margin
order on OCTG from Vietnam, see the
(percent)
established for the Vietnam-wide entity,
Issues and Decision Memorandum.11
which is 111.47 percent; 14 and (4) for
12
SeAH Steel VINA Corporation
0.00
all non-Vietnamese exporters of subject
Analysis of Comments Received
merchandise which have not received
All issues raised in the case and
Assessment
their own rate, the cash deposit rate will
rebuttal briefs filed by parties in this
Pursuant to section 751(a)(2)(A) of the be the rate applicable to the Vietnamese
review and addressed in the Issues and
exporter that supplied that nonDecision Memorandum are listed in the Act and 19 CFR 351.212(b)(1),
Vietnamese exporter with the subject
Commerce will determine, and U.S.
appendix to this notice. The Issues and
merchandise. These deposit
Customs
and
Border
Protection
(CBP)
Decision Memorandum is a public
requirements, when imposed, shall
shall assess, antidumping duties on all
document and is on file electronically
remain in effect until further notice.
appropriate
entries
of
subject
via Enforcement and Compliance’s
merchandise in accordance with the
Antidumping and Countervailing Duty
Disclosure
final results of this review. Commerce
Centralized Electronic Service System
We intend to disclose the calculations
intends to issue assessment instructions
(ACCESS). ACCESS is available to
performed for these final results of
to CBP 15 days after the date of
registered users at https://
review within five days of the date of
access.trade.gov. In addition, a complete publication of the final results of this
publication of this notice in the Federal
administrative review in the Federal
version of the Issues and Decision
Register, in accordance with 19 CFR
Register.
Memorandum can be accessed directly
351.224(b).
Consistent with Commerce’s
at https://enforcement.trade.gov/frn/
assessment
practice
in
non-market
index.html. The signed and electronic
Notification to Importers
economy cases, for entries that were not
This notice serves as a final reminder
reported in the U.S. sales database
Socialist Republic of Vietnam: Resubmission of
to importers of their responsibility
Case Brief of Maverick Tube Corporation and
submitted by companies individually
Tenaris Bay City, Inc., dated April 14, 2020.
under 19 CFR 351.402(f)(2) to file a
examined during the administrative
6 See Domestic Interested Parties’ Rebuttal Brief,
certificate regarding the reimbursement
review,
Commerce
will
instruct
CBP
to
‘‘Oil Country Tubular Goods from the Socialist
of antidumping duties prior to
liquidate
such
entries
at
the
VietnamRepublic of Vietnam: Rebuttal Brief of Maverick
liquidation of the relevant entries
Tube Corporation and Tenaris Bay City, Inc.,’’ dated wide rate. Additionally, if Commerce
December 30, 2019.
during this POR. Failure to comply with
determines
that
an
exporter
under
7 See Commerce’s Letter, ‘‘Certain Oil Country
this requirement could result in
review
had
no
shipments
of
subject
Tubular Goods from the Socialist Republic of
Commerce’s presumption that
merchandise,
any
suspended
entries
Vietnam: Rejection of Rebuttal Brief,’’ dated April
reimbursement of antidumping duties
10, 2020.
that entered under the exporter’s case
8 See SSV Rebuttal Brief, ‘‘Administrative Review
number (i.e., at that exporter’s rate) will occurred and the subsequent assessment
of the Antidumping Order on Certain Oil Country
of doubled antidumping duties.
be liquidated at the Vietnam-wide
Tubular Goods from Vietnam—Redacted Case (sic)
13
rate.
Brief,’’ dated April 14, 2020.
Notification Regarding Administrative
9 See Memorandum, ‘‘Oil Country Tubular Goods
Protective Order
Cash
Deposit
Requirements
from the Socialist Republic of Vietnam: Extension
This notice also serves as the only
of Deadline for Final Results of Antidumping Duty
The following cash deposit
Administrative Review,’’ dated March 12, 2020.
reminder to parties subject to
requirements
will
be
effective
upon
10 See Memorandum, ‘‘Tolling of Deadlines for
administrative protective order (APO) of
Antidumping and Countervailing Duty
their responsibility concerning the
12 Commerce initiated a review of both SSV and
Administrative Reviews in Response to Operational
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14 See Certain Oil Country Tubular Goods from
India, the Republic of Korea, Taiwan, the Republic
of Turkey, and the Socialist 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).
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: July 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: Brokerage and Handling
Comment 2: Surrogate Value for Water
Comment 3: Differential Pricing
Comment 4: Financial Statements
Comment 5: Particular Market Situation
Comment 6: Ministerial Errors
VI. Recommendation
[FR Doc. 2020–14919 Filed 7–9–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–932]
Certain Steel Threaded Rod From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
the Final Results of Administrative
Review and Notice of Amended Final
Results of Antidumping Duty
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 22, 2020, the United
States Court of International Trade (CIT)
sustained the final results of
redetermination pertaining to the fifth
administrative review of the
antidumping duty order on certain steel
threaded rod (steel threaded rod) from
the People’s Republic of China (China)
covering the period of review (POR)
April 1, 2013 through March 31, 2014.
The Department of Commerce
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AGENCY:
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18:28 Jul 09, 2020
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(Commerce) is notifying the public that
the CIT’s final judgment in this case is
not in harmony with the final results of
the administrative review, and that
Commerce is amending the final results
with respect to the dumping margin
calculated for Jiaxing Brother Fastener
Co., Ltd. (a/k/a Jiaxing Brother Standard
Parts, Co., Ltd.), IFI & Morgan Ltd., and
RMB Fasteners Ltd. (collectively, RMB/
IFI Group).
DATES: Applicable July 2, 2020.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7425.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2015, Commerce
published its Final Results in the 2013–
2014 administrative review of steel
threaded rod from China.1 During the
review, Commerce selected Thailand as
the primary surrogate country, finding
that data from Thailand provided the
best available information on the record
to value the RMB/IFI Group’s reported
factors of production (FOPs).
Commerce valued hours of labor with
data from the National Statistical Office
of Thailand’s Labor Force Survey of the
Whole Kingdom (NSO or NSO data)
from the second and third quarters of
2013, because it found the data to be
more industry-specific and
contemporaneous with the POR than the
alternative data on the record, i.e.,
International Labor Organization
Chapter 6A data.2 In addition,
Commerce derived surrogate financial
ratios from the financial statements of
three Thai companies. In the calculation
of surrogate financial ratios, Commerce
categorized selling, general, and
administrative (SG&A) labor-related line
items as SG&A expenses. As a result, the
SG&A surrogate financial ratio
numerator included these line items’
values, along with other SG&A
expenses, and the denominator
represented the total cost of
manufacturing, i.e., the sum of raw
materials, manufacturing labor, energy,
manufacturing overhead, and finished
goods.3
The RMB/IFI Group challenged the
Final Results, contesting Commerce’s
selection of Thailand as the primary
surrogate country, selection of Global
Trade Atlas data from Thailand to value
steel threaded rod inputs, and decision
not to adjust the surrogate financial
ratios.4 On January 29, 2020, the CIT
issued the Remand Order, in which it
sustained Commerce’s selection of
Thailand as the primary surrogate
country and calculation of the RMB/IFI
Group’s steel threaded rod FOP.5
However, the CIT held that Commerce’s
decision not to make any adjustments to
the calculation of the surrogate financial
ratios was inadequately explained,6 and
it remanded Commerce’s calculation of
the surrogate financial ratios as related
to labor for further explanation or
reconsideration. In particular, the CIT
directed Commerce to explain ‘‘the basis
for finding record evidence that allows
it to conclude that it could capture, and
not overstate, labor costs by applying
the NSO quarterly data and, as a result,
decline to adjust the surrogate financial
ratios.’’ 7 The CIT also stated that ‘‘{o}n
remand, Commerce may wish to reopen
the record.’’ 8
On February 25 and 26, 2020,
Commerce opened the record and
placed additional reports from
Thailand’s NSO on the record.
Commerce received no comments on
these reports.
On April 23, 2020, Commerce issued
the Final Remand Results 9 and
determined that, because the NSO data
were industry-specific and
contemporaneous with the POR, it was
appropriate to rely on the NSO data to
value labor, and to treat labor-related
SG&A costs in the same manner as the
surrogate companies did in their
financial statements. Moreover, we
found that the NSO data did not provide
the information necessary to accurately
adjust the surrogate financial ratios to
account for any potential overstatement
in labor costs because the record lacked
evidence to support a finding as to what
extent, or by what percentage, the NSO
data also covered SG&A labor.10
Moreover, given that the RMB/IFI Group
did not report labor hours associated
with SG&A staff, we declined to assume
4 Id.
at 2.
at 25.
6 Id. at 21.
7 Id. at 24.
8 Id.
9 See Final Results of Redetermination Pursuant
to Court Remand in Jiaxing Brother Fastener Co.,
Ltd. (a/k/a Jiaxing Brother Standard Part Co., Ltd.),
IFI & Morgan Ltd., and RMB Fasteners Ltd. v.
United States, Consol. Ct. No. 15–00313 (April 23,
2020) (Final Remand Results).
10 Id. at 8–10.
5 Id.
1 See Certain Steel Threaded Rod from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2013–
2014, 80 FR 69938 (November 12, 2015) (Final
Results), and accompanying Issues and Decision
Memorandum (IDM).
2 See Jiaxing Brother Fastener Co., Ltd. et al. v.
United States, Court No. 15–00313, Slip Op. 20–11
(CIT January 29, 2020) (Remand Order) at 20.
3 Id. at 20–21.
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]]>Agencies
[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41552-41554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14919]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-817]
Certain Oil Country Tubular Goods From the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that exporters of
oil country tubular goods (OCTG) from the Socialist Republic of Vietnam
(Vietnam) did not sell subject merchandise in the United States at
prices below normal value during the period of review (POR) September
1, 2017 through August 31, 2018.
DATES: Applicable July 10, 2020.
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
Commerce is conducting an administrative review of the antidumping
duty order on OCTG from Vietnam in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the Act). Commerce initiated this
review on November 15, 2018.\1\ On November 15, 2019, Commerce
published the Preliminary Results of this administrative review.\2\ At
that time, we invited interested parties to comment on the Preliminary
Results. On December 16, 2019, we received case briefs from U.S. Steel
(the petitioner), Maverick Tube Corporation and Tenaris Bay City, Inc.
(the domestic interested parties), and SeAH Steel VINA Corporation
(SSV).\3\ However, on April 10, 2020, we rejected the case briefs from
the petitioner and the domestic interested parties because they
contained new factual information filed after the due date for filing
new factual information.\4\ The petitioner and the domestic interested
parties submitted redacted versions of their case briefs on April 14,
2020.\5\ On December 30, 2019,
[[Page 41553]]
the domestic interested parties and SSV submitted rebuttal briefs.\6\
On April 10, 2020, Commerce rejected SSV's rebuttal brief because it
contained new factual information filed after the due date for filing
new factual information.\7\ SSV submitted a redacted version of its
rebuttal brief on April 14, 2020.\8\ On March 12, 2020, Commerce
extended the deadline for the final results of review until May 13,
2020.\9\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days, thereby extending the deadline for
these results until July 2, 2020.\10\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018).
\2\ See Certain Oil Country Tubular Goods from the Socialist
Republic of Vietnam: Preliminary Results of Antidumping Duty
Administrative Review, 84 FR 62504 (November 15, 2019) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\3\ See Petitioner's Case Brief, ``Oil Country Tubular Goods
from the Socialist Republic of Vietnam: Case Brief of United States
Steel Corporation,'' dated December 16, 2019; Domestic Interested
Parties' Case Brief, Oil Country Tubular Goods from the Socialist
Republic of Vietnam: Case Brief of Maverick Tube Corporation and
Tenaris Bay City, Inc.,'' dated December 16, 2019; SSV's Case Brief,
``Administrative Review of the Antidumping Duty Order on Certain Oil
Country Tubular Goods from Vietnam--Case Brief of SeAH Steel VINA
Corporation and Pusan Pipe America, Inc.,'' dated December 16, 2019.
\4\ See Commerce's Letter to the Petitioner, ``Certain Oil
Country Tubular Goods from the Socialist Republic of Vietnam:
Rejection of Case Brief,'' dated April 10, 2020; and Commerce Letter
to Domestic Interested Parties, ``Certain Oil Country Tubular Goods
from the Socialist Republic of Vietnam: Rejection of Case Brief,''
dated April 10, 2020.
\5\ See Petitioner's Case Brief, ``Oil Country Tubular Goods
from the Socialist Republic of Vietnam: Resubmission of December
16th Case Brief of United States Steel Corporation,'' dated April
14, 2020; Domestic Interested Party's Case Brief, ``Oil Country
Tubular Goods from the Socialist Republic of Vietnam: Resubmission
of Case Brief of Maverick Tube Corporation and Tenaris Bay City,
Inc., dated April 14, 2020.
\6\ See Domestic Interested Parties' Rebuttal Brief, ``Oil
Country Tubular Goods from the Socialist Republic of Vietnam:
Rebuttal Brief of Maverick Tube Corporation and Tenaris Bay City,
Inc.,'' dated December 30, 2019.
\7\ See Commerce's Letter, ``Certain Oil Country Tubular Goods
from the Socialist Republic of Vietnam: Rejection of Rebuttal
Brief,'' dated April 10, 2020.
\8\ See SSV Rebuttal Brief, ``Administrative Review of the
Antidumping Order on Certain Oil Country Tubular Goods from
Vietnam--Redacted Case (sic) Brief,'' dated April 14, 2020.
\9\ See Memorandum, ``Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated March 12,
2020.
\10\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order
The merchandise covered by the order is OCTG from Vietnam. For a
full description of the merchandise covered by the scope of the
antidumping duty order on OCTG from Vietnam, see the Issues and
Decision Memorandum.\11\
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\11\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Oil Country Tubular Goods from the
Socialist Republic of Vietnam,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review and addressed in the Issues and Decision Memorandum are
listed in the appendix to this notice. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
certain changes to the margin calculation for the respondent. For a
discussion of these changes, see the ``Margin Calculations'' section of
the Issues and Decision Memorandum.
Final Results of Review
Commerce determines that the following weighted-average dumping
margin exists for the period September 1, 2017 through August 31,
2018:
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\12\ Commerce initiated a review of both SSV and Pusan Pipe
America, Inc. (Pusan Pipe), but the record shows that Pusan Pipe is
a U.S. importer of OCTG that is affiliated with SSV, and does not
produce OCTG. See SSV's December 19, 2018 Section A Questionnaire
Response at 1. Therefore, we have not calculated a rate for Pusan
Pipe.
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
SeAH Steel VINA Corporation \12\............................. 0.00
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Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Commerce intends to issue assessment instructions to CBP
15 days after the date of publication of the final results of this
administrative review in the Federal Register.
Consistent with Commerce's assessment practice in non-market
economy cases, for entries that were not reported in the U.S. sales
database submitted by companies individually examined during the
administrative review, Commerce will instruct CBP to liquidate such
entries at the Vietnam-wide rate. Additionally, if Commerce determines
that an exporter under review had no shipments of subject merchandise,
any suspended entries that entered under the exporter's case number
(i.e., at that exporter's rate) will be liquidated at the Vietnam-wide
rate.\13\
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\13\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from Vietnam entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For SSV, a zero
cash deposit rate; (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 exporter-specific rate published for the
most-recently completed segment of this proceeding in which the
exporter was reviewed; (3) for all Vietnamese exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the rate established for the
Vietnam-wide entity, which is 111.47 percent; \14\ 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 with
the subject merchandise. These deposit requirements, when imposed,
shall remain in effect until further notice.
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\14\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
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).
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Disclosure
We intend to disclose the calculations performed for these final
results of review within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Notification to Importers
This notice serves as a final 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 this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the
[[Page 41554]]
disposition of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: July 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: Brokerage and Handling
Comment 2: Surrogate Value for Water
Comment 3: Differential Pricing
Comment 4: Financial Statements
Comment 5: Particular Market Situation
Comment 6: Ministerial Errors
VI. Recommendation
[FR Doc. 2020-14919 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-DS-P
