Oil Country Tubular Goods From the People's Republic of China: Self-Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 71877-71879 [2020-24993]

Download as PDF Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Notices Without the collection of this information, the USFS will be unable to determine whether it is meeting the requirements of the Forest Landscape Restoration Act, nor if they are fully incorporating partner and public input into forest project, implementation, monitoring and/or planning processes as required by law. Type of Respondents: Residents within the Selected CFLRP landscapes in Forest Service Regions 1, 2, 3, 4, 5, 6, 8, and 9. Estimated Annual Number of Respondents: 5,250. Estimated Annual Number of Responses per Respondent: 7. Estimated Total Annual Burden Hours on Respondents: 2,700 hours. 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Paul Strong, Acting Director, Forest Management, Range and Vegetation Ecology, National Forest System. [FR Doc. 2020–24997 Filed 11–10–20; 8:45 am] BILLING CODE 3411–15–P DEPARTMENT OF COMMERCE jbell on DSKJLSW7X2PROD with NOTICES International Trade Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Annual Report From ForeignTrade Zones The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance VerDate Sep<11>2014 17:07 Nov 10, 2020 Jkt 253001 with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. 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Legal Authority: 19 U.S.C. 81(p). This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the collection or the OMB Control Number 0625–0109. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2020–25017 Filed 11–10–20; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–570–943, C–570–944] Oil Country Tubular Goods From the People’s Republic of China: SelfInitiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Summary The Department of Commerce (Commerce) is self-initiating countrywide anti-circumvention inquiries to determine whether imports of welded oil country tubular goods (OCTG) completed in Brunei and the Philippines (collectively, third countries) using inputs manufactured in the People’s Republic of China (China) are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on OCTG from China. DATES: Applicable November 12, 2020. FOR FURTHER INFORMATION CONTACT: Dana Mermelstein at (202) 482–1391, AD/CVD Operations, Office VI or Justin Enck at (202) 482–1614, Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On April 8, 2009, Evraz Rocky Mountain Steel, Maverick Tube Corporation, TMK IPSCO, United States Steel Corporation, V&M Star LP, V&M Tubular Corporation of America, Wheatland Tube Corp., and the United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO–CLC filed petitions seeking the imposition of antidumping and countervailing duties on imports of OCTG from China.1 Following Commerce’s affirmative determinations of dumping and countervailable subsidies,2 and the U.S. 1 See Oil Country Tubular Goods from the People’s Republic of China: Initiation of Antidumping Duty Investigation, 74 FR 20671 (May 5, 2009); Certain Oil Country Tubular Goods from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 74 FR 20678 (May 5, 2009). 2 See Certain Oil Country Tubular Goods from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, Affirmative Final Determination of Critical Circumstances and Final Determination of Targeted Dumping, 75 FR 20335 Continued BILLING CODE 3510–DS–P PO 00000 Frm 00003 Fmt 4703 71877 Sfmt 4703 E:\FR\FM\12NON1.SGM 12NON1 71878 Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES International Trade Commission’s (ITC) finding of material injury,3 Commerce issued AD and CVD orders on imports of OCTG from China.4 Section 781(b)(1) of the Tariff Act of 1930, as amended (the Act), provides that Commerce may find circumvention of an AD or CVD order when merchandise of the same class or kind subject to the order is completed or assembled in a foreign country other than the country to which the order applies. In conducting anticircumvention inquiries, under section 781(b)(1) of the Act, Commerce relies on the following criteria: (A) Merchandise imported into the United States is of the same class or kind as any merchandise produced in a foreign country that is the subject of an antidumping or countervailing duty order or finding, (B) before importation into the United States, such imported merchandise is completed or assembled in another foreign country from merchandise which is subject to the order or merchandise which is produced in the foreign country that is subject to the order, (C) the process of assembly or completion in the foreign country referred to in section (B) is minor or insignificant, (D) the value of the merchandise produced in the foreign country to which the AD or CVD order applies is a significant portion of the total value of the merchandise exported to the United States, and (E) the administering authority determines that action is appropriate to prevent evasion of such order or finding. In determining whether or not the process of assembly or completion in a third country is minor or insignificant under section 781(b)(1)(C) of the Act, section 781(b)(2) of the Act directs Commerce to consider: (A) The level of investment in the foreign country, (B) (April 19, 2010); and Certain Oil Country Tubular Goods from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, Final Negative Critical Circumstances Determination, 74 FR 64045 (December 7, 2009). 3 See Certain Oil Country Tubular Goods from the People’s Republic of China; Determination, 75 FR 28058 (May 19, 2010) and Certain Oil Country Tubular Goods from the People’s Republic of China, 75 FR 3248 (January 20, 2010); see also Certain Oil Country Tubular Goods from China, Inv. No. 731– TA–1159, USITC Pub. 4152 (May 2010) (Final) and Certain Oil Country Tubular Goods from China, Inv. No. 701–TA–463, USITC Pub. 4124 (January 2010) (Final). 4 See Certain Oil Country Tubular Goods from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 75 FR 28551 (May 21, 2010) (AD Order); Certain Oil Country Tubular Goods From the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 3203 (January 20, 2010) (CVD Order) (collectively, Orders). VerDate Sep<11>2014 17:07 Nov 10, 2020 Jkt 253001 the level of research and development in the foreign country, (C) the nature of the production process in the foreign country, (D) the extent of production facilities in the foreign country, and (E) whether or not the value of processing performed in the foreign country represents a small proportion of the value of the merchandise imported into the United States. However, no single factor, by itself, controls Commerce’s determination of whether the process of assembly or completion in a third country is minor or insignificant.5 Accordingly, it is Commerce’s practice to evaluate each of these five factors as they exist in the third country, depending on the totality of the circumstances of the particular anticircumvention inquiry.6 Furthermore, section 781(b)(3) of the Act sets forth additional factors to consider in determining whether to include merchandise assembled or completed in a third country within the scope of an AD and/or CVD order. Specifically, Commerce shall take into account such factors as: (A) The pattern of trade, including sourcing patterns; (B) whether the manufacturer or exporter of the merchandise is affiliated with the person who, in the third country, uses the merchandise to complete or assemble the merchandise which is subsequently imported into the United States; and (C) whether imports of the merchandise into the third country have increased after the initiation of the investigation that resulted in the issuance of such order or finding. Scope of the Orders The products covered by the Orders are certain 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. For a full description of the scope of these orders, see the ‘‘Scope of the Orders,’’ in the Appendix to this notice. Merchandise Subject to the AntiCircumvention Inquiries These anti-circumvention inquiries cover welded OCTG completed in the third countries using inputs manufactured in China and subsequently exported from the third countries to the United States. 5 See Statement of Administrative Action accompanying the Uruguay Round Agreements Act (SAA), H.R. Doc. No. 103–316 (1994) at 893. 6 See Uncovered Innerspring Units from the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty Order, 83 FR 65626 (December 21, 2018), and accompanying Issues and Decision Memorandum at 4. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Initiation of Anti-Circumvention Inquiries Through its regular monitoring of trade data, Commerce has gathered information indicating that hot-rolled steel sheet and strip from China may be exported to Brunei and the Philippines for minor processing, and then exported to the United States as welded OCTG, in circumvention of the Orders. Based on this information, we determine, pursuant to section 781(b) of the Act and 19 CFR 351.225(b) and (h), that selfinitiation of anti-circumvention inquiries is warranted to determine whether certain imports of welded OCTG, completed in Brunei and the Philippines using inputs manufactured in China, are circumventing the Orders. For a full discussion of the basis for our decision to initiate these anticircumvention inquiries, see the AntiCircumvention Initiation Memo.7 As explained in the AntiCircumvention Initiation Memo, the available information warrants initiating these anti-circumvention inquiries on a country-wide basis. Commerce has taken this approach in prior anticircumvention inquiries, where the facts warranted.8 Consistent with the approach in the prior anti-circumvention inquiries that were initiated on a country-wide basis, Commerce intends to issue questionnaires to solicit information from producers and exporters in each of the third countries concerning their shipments of OCTG to the United States and the origin of any imported inputs being processed into OCTG. A 7 See Memorandum, ‘‘Oil Country Tubular Goods from the People’s Republic of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders’’ (AntiCircumvention Initiation Memo). This memo is a public document that is dated concurrently with, and hereby adopted by, this notice and on file electronically via ACCESS. 8 See, e.g., Stainless Steel Sheet and Strip From the People’s Republic of China: Initiation of AntiCircumvention and Scope Inquiries on the Antidumping Duty and Countervailing Duty Orders, 85 FR 29401, 29402 (May 15, 2020); see also Certain Corrosion-Resistant Steel Products from the Republic of Korea and Taiwan: Initiation of AntiCircumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83 FR 37785 (August 2, 2018); Carbon Steel Butt-Weld Pipe Fittings from the People’s Republic of China: Initiation of Anti-Circumvention Inquiry on the Antidumping Duty Order, 82 FR 40556, 40560 (August 25, 2017) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted); Certain Corrosion-Resistant Steel Products from the People’s Republic of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81 FR 79454, 79458 (November 14, 2016) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted). E:\FR\FM\12NON1.SGM 12NON1 Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Notices company’s failure to respond completely to Commerce’s requests for information may result in the application of partial or total facts available, pursuant to section 776(a) of the Act, which may include adverse inferences, pursuant to section 776(b) of the Act. jbell on DSKJLSW7X2PROD with NOTICES Notification to Interested Parties In accordance with 19 CFR 351.225(b), Commerce determines that available information warrants initiating these anti-circumvention inquiries to determine whether certain imports of welded OCTG, completed in Brunei and the Philippines using inputs manufactured in China, are circumventing the Orders. Accordingly, Commerce hereby notifies all parties on Commerce’s scope service list of the initiation of these anti-circumvention inquiries. In addition, in accordance with 19 CFR 351.225(f)(1)(i) and (ii), in this notice of initiation issued under 19 CFR 351.225(b), we have included a description of the product that is the subject of these anti-circumvention inquiries (i.e., OCTG completed in the third countries using inputs manufactured in China), and an explanation of the reasons for Commerce’s decision to initiate these anti-circumvention inquiries, as provided above. Commerce will establish a schedule for questionnaires and comments on the issues in these inquiries. In accordance with 19 CFR 351.225(l)(2), if Commerce issues preliminary affirmative determinations, we will then instruct U.S. Customs and Border Protection to suspend liquidation and require a cash deposit of estimated antidumping and countervailing duties, at the applicable rate, for each unliquidated entry of the merchandise at issue, entered or withdrawn from warehouse for consumption on or after the date of initiation of the inquiries. Commerce intends to issue its final determinations within 300 days of the date of publication of this initiation, in accordance with section 781(f) of the Act and 19 CFR 351.225(f)(5). This notice is published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: November 3, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. The scope of these Orders consists of certain OCTG, which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than 17:07 Nov 10, 2020 Jkt 253001 [FR Doc. 2020–24993 Filed 11–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–854] Certain Tin Mill Products From Japan: Rescission of Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on certain tin AGENCY: Appendix—Scope of the Orders VerDate Sep<11>2014 cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish (e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of the Orders also covers OCTG coupling stock. Excluded from the scope of the Orders are casing or tubing containing 10.5 percent or more by weight of chromium; drill pipe; unattached couplings; and unattached thread protectors. The merchandise covered by the Orders is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50. The OCTG coupling stock covered by the Orders may also enter under the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 7304.59.80.70, and 7304.59.80.80. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of the Orders is dispositive. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 71879 mill products from Japan for the period August 1, 2019, through July 31, 2020, based on the timely withdrawal of the request for review. DATES: Applicable November 12, 2020. FOR FURTHER INFORMATION CONTACT: Glenn T. Bass Jr., 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) 482–8338. Background On August 4, 2020, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on certain tin mill products from Japan for the period August 1, 2019, through July 31, 2020.1 On August 31, 2020, United States Steel Corporation (the petitioner), filed a timely request for review, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b).2 Pursuant to this request and in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the nine companies named by the petitioner in their request for review.3 No other requests for review were received. On October 28, 2020, the petitioner timely withdrew their request for an administrative review with respect to all nine companies.4 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. As noted above, the petitioner, the only party to file a request for review, withdrew this request by the 90-day deadline. Accordingly, we are rescinding, in its entirety, the administrative review of the antidumping duty order on certain tin mill products from Japan covering the period August 1, 2019, through July 31, 2020. 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 85 FR 47167 (August 4, 2020). 2 See Letter from the petitioner, ‘‘Tin Mill Products from Japan: Request for Administrative Review of Antidumping Duty Order,’’ dated August 31, 2020. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 63081 (October 6, 2020). 4 See Letter from the petitioner, ‘‘Tin Mill Products from Japan: Withdrawal of Request for Administrative Review of Antidumping Duty Order,’’ dated October 28, 2020. E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 85, Number 219 (Thursday, November 12, 2020)]
[Notices]
[Pages 71877-71879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24993]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-943, C-570-944]


Oil Country Tubular Goods From the People's Republic of China: 
Self-Initiation of Anti-Circumvention Inquiries on the Antidumping Duty 
and Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

Summary

    The Department of Commerce (Commerce) is self-initiating country-
wide anti-circumvention inquiries to determine whether imports of 
welded oil country tubular goods (OCTG) completed in Brunei and the 
Philippines (collectively, third countries) using inputs manufactured 
in the People's Republic of China (China) are circumventing the 
antidumping duty (AD) and countervailing duty (CVD) orders on OCTG from 
China.

DATES: Applicable November 12, 2020.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein at (202) 482-1391, 
AD/CVD Operations, Office VI or Justin Enck at (202) 482-1614, Office 
of Policy, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On April 8, 2009, Evraz Rocky Mountain Steel, Maverick Tube 
Corporation, TMK IPSCO, United States Steel Corporation, V&M Star LP, 
V&M Tubular Corporation of America, Wheatland Tube Corp., and the 
United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, 
Allied Industrial and Service Workers International Union, AFL-CIO-CLC 
filed petitions seeking the imposition of antidumping and 
countervailing duties on imports of OCTG from China.\1\ Following 
Commerce's affirmative determinations of dumping and countervailable 
subsidies,\2\ and the U.S.

[[Page 71878]]

International Trade Commission's (ITC) finding of material injury,\3\ 
Commerce issued AD and CVD orders on imports of OCTG from China.\4\
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    \1\ See Oil Country Tubular Goods from the People's Republic of 
China: Initiation of Antidumping Duty Investigation, 74 FR 20671 
(May 5, 2009); Certain Oil Country Tubular Goods from the People's 
Republic of China: Initiation of Countervailing Duty Investigation, 
74 FR 20678 (May 5, 2009).
    \2\ See Certain Oil Country Tubular Goods from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, Affirmative Final Determination of Critical Circumstances and 
Final Determination of Targeted Dumping, 75 FR 20335 (April 19, 
2010); and Certain Oil Country Tubular Goods from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination, Final Negative Critical Circumstances Determination, 
74 FR 64045 (December 7, 2009).
    \3\ See Certain Oil Country Tubular Goods from the People's 
Republic of China; Determination, 75 FR 28058 (May 19, 2010) and 
Certain Oil Country Tubular Goods from the People's Republic of 
China, 75 FR 3248 (January 20, 2010); see also Certain Oil Country 
Tubular Goods from China, Inv. No. 731-TA-1159, USITC Pub. 4152 (May 
2010) (Final) and Certain Oil Country Tubular Goods from China, Inv. 
No. 701-TA-463, USITC Pub. 4124 (January 2010) (Final).
    \4\ See Certain Oil Country Tubular Goods from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value and Antidumping Duty Order, 75 FR 28551 (May 21, 2010) 
(AD Order); Certain Oil Country Tubular Goods From the People's 
Republic of China: Amended Final Affirmative Countervailing Duty 
Determination and Countervailing Duty Order, 75 FR 3203 (January 20, 
2010) (CVD Order) (collectively, Orders).
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    Section 781(b)(1) of the Tariff Act of 1930, as amended (the Act), 
provides that Commerce may find circumvention of an AD or CVD order 
when merchandise of the same class or kind subject to the order is 
completed or assembled in a foreign country other than the country to 
which the order applies. In conducting anti-circumvention inquiries, 
under section 781(b)(1) of the Act, Commerce relies on the following 
criteria: (A) Merchandise imported into the United States is of the 
same class or kind as any merchandise produced in a foreign country 
that is the subject of an antidumping or countervailing duty order or 
finding, (B) before importation into the United States, such imported 
merchandise is completed or assembled in another foreign country from 
merchandise which is subject to the order or merchandise which is 
produced in the foreign country that is subject to the order, (C) the 
process of assembly or completion in the foreign country referred to in 
section (B) is minor or insignificant, (D) the value of the merchandise 
produced in the foreign country to which the AD or CVD order applies is 
a significant portion of the total value of the merchandise exported to 
the United States, and (E) the administering authority determines that 
action is appropriate to prevent evasion of such order or finding.
    In determining whether or not the process of assembly or completion 
in a third country is minor or insignificant under section 781(b)(1)(C) 
of the Act, section 781(b)(2) of the Act directs Commerce to consider: 
(A) The level of investment in the foreign country, (B) the level of 
research and development in the foreign country, (C) the nature of the 
production process in the foreign country, (D) the extent of production 
facilities in the foreign country, and (E) whether or not the value of 
processing performed in the foreign country represents a small 
proportion of the value of the merchandise imported into the United 
States. However, no single factor, by itself, controls Commerce's 
determination of whether the process of assembly or completion in a 
third country is minor or insignificant.\5\ Accordingly, it is 
Commerce's practice to evaluate each of these five factors as they 
exist in the third country, depending on the totality of the 
circumstances of the particular anti-circumvention inquiry.\6\
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    \5\ See Statement of Administrative Action accompanying the 
Uruguay Round Agreements Act (SAA), H.R. Doc. No. 103-316 (1994) at 
893.
    \6\ See Uncovered Innerspring Units from the People's Republic 
of China: Final Affirmative Determination of Circumvention of the 
Antidumping Duty Order, 83 FR 65626 (December 21, 2018), and 
accompanying Issues and Decision Memorandum at 4.
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    Furthermore, section 781(b)(3) of the Act sets forth additional 
factors to consider in determining whether to include merchandise 
assembled or completed in a third country within the scope of an AD 
and/or CVD order. Specifically, Commerce shall take into account such 
factors as: (A) The pattern of trade, including sourcing patterns; (B) 
whether the manufacturer or exporter of the merchandise is affiliated 
with the person who, in the third country, uses the merchandise to 
complete or assemble the merchandise which is subsequently imported 
into the United States; and (C) whether imports of the merchandise into 
the third country have increased after the initiation of the 
investigation that resulted in the issuance of such order or finding.

Scope of the Orders

    The products covered by the Orders are certain 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. For a 
full description of the scope of these orders, see the ``Scope of the 
Orders,'' in the Appendix to this notice.

Merchandise Subject to the Anti-Circumvention Inquiries

    These anti-circumvention inquiries cover welded OCTG completed in 
the third countries using inputs manufactured in China and subsequently 
exported from the third countries to the United States.

Initiation of Anti-Circumvention Inquiries

    Through its regular monitoring of trade data, Commerce has gathered 
information indicating that hot-rolled steel sheet and strip from China 
may be exported to Brunei and the Philippines for minor processing, and 
then exported to the United States as welded OCTG, in circumvention of 
the Orders. Based on this information, we determine, pursuant to 
section 781(b) of the Act and 19 CFR 351.225(b) and (h), that self-
initiation of anti-circumvention inquiries is warranted to determine 
whether certain imports of welded OCTG, completed in Brunei and the 
Philippines using inputs manufactured in China, are circumventing the 
Orders. For a full discussion of the basis for our decision to initiate 
these anti-circumvention inquiries, see the Anti-Circumvention 
Initiation Memo.\7\
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    \7\ See Memorandum, ``Oil Country Tubular Goods from the 
People's Republic of China: Initiation of Anti-Circumvention 
Inquiries on the Antidumping Duty and Countervailing Duty Orders'' 
(Anti-Circumvention Initiation Memo). This memo is a public document 
that is dated concurrently with, and hereby adopted by, this notice 
and on file electronically via ACCESS.
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    As explained in the Anti-Circumvention Initiation Memo, the 
available information warrants initiating these anti-circumvention 
inquiries on a country-wide basis. Commerce has taken this approach in 
prior anti-circumvention inquiries, where the facts warranted.\8\
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    \8\ See, e.g., Stainless Steel Sheet and Strip From the People's 
Republic of China: Initiation of Anti-Circumvention and Scope 
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 85 
FR 29401, 29402 (May 15, 2020); see also Certain Corrosion-Resistant 
Steel Products from the Republic of Korea and Taiwan: Initiation of 
Anti-Circumvention Inquiries on the Antidumping Duty and 
Countervailing Duty Orders, 83 FR 37785 (August 2, 2018); Carbon 
Steel Butt-Weld Pipe Fittings from the People's Republic of China: 
Initiation of Anti-Circumvention Inquiry on the Antidumping Duty 
Order, 82 FR 40556, 40560 (August 25, 2017) (stating at initiation 
that Commerce would evaluate the extent to which a country-wide 
finding applicable to all exports might be warranted); Certain 
Corrosion-Resistant Steel Products from the People's Republic of 
China: Initiation of Anti-Circumvention Inquiries on the Antidumping 
Duty and Countervailing Duty Orders, 81 FR 79454, 79458 (November 
14, 2016) (stating at initiation that Commerce would evaluate the 
extent to which a country-wide finding applicable to all exports 
might be warranted).
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    Consistent with the approach in the prior anti-circumvention 
inquiries that were initiated on a country-wide basis, Commerce intends 
to issue questionnaires to solicit information from producers and 
exporters in each of the third countries concerning their shipments of 
OCTG to the United States and the origin of any imported inputs being 
processed into OCTG. A

[[Page 71879]]

company's failure to respond completely to Commerce's requests for 
information may result in the application of partial or total facts 
available, pursuant to section 776(a) of the Act, which may include 
adverse inferences, pursuant to section 776(b) of the Act.

Notification to Interested Parties

    In accordance with 19 CFR 351.225(b), Commerce determines that 
available information warrants initiating these anti-circumvention 
inquiries to determine whether certain imports of welded OCTG, 
completed in Brunei and the Philippines using inputs manufactured in 
China, are circumventing the Orders. Accordingly, Commerce hereby 
notifies all parties on Commerce's scope service list of the initiation 
of these anti-circumvention inquiries. In addition, in accordance with 
19 CFR 351.225(f)(1)(i) and (ii), in this notice of initiation issued 
under 19 CFR 351.225(b), we have included a description of the product 
that is the subject of these anti-circumvention inquiries (i.e., OCTG 
completed in the third countries using inputs manufactured in China), 
and an explanation of the reasons for Commerce's decision to initiate 
these anti-circumvention inquiries, as provided above. Commerce will 
establish a schedule for questionnaires and comments on the issues in 
these inquiries.
    In accordance with 19 CFR 351.225(l)(2), if Commerce issues 
preliminary affirmative determinations, we will then instruct U.S. 
Customs and Border Protection to suspend liquidation and require a cash 
deposit of estimated antidumping and countervailing duties, at the 
applicable rate, for each unliquidated entry of the merchandise at 
issue, entered or withdrawn from warehouse for consumption on or after 
the date of initiation of the inquiries. Commerce intends to issue its 
final determinations within 300 days of the date of publication of this 
initiation, in accordance with section 781(f) of the Act and 19 CFR 
351.225(f)(5).
    This notice is published in accordance with section 781(b) of the 
Act and 19 CFR 351.225(f).

    Dated: November 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Orders

    The scope of these Orders consists of certain OCTG, which are 
hollow steel products of circular cross-section, including oil well 
casing and tubing, of iron (other than cast iron) or steel (both 
carbon and alloy), whether seamless or welded, regardless of end 
finish (e.g., whether or not plain end, threaded, or threaded and 
coupled) whether or not conforming to American Petroleum Institute 
(API) or non-API specifications, whether finished (including limited 
service OCTG products) or unfinished (including green tubes and 
limited service OCTG products), whether or not thread protectors are 
attached. The scope of the Orders also covers OCTG coupling stock. 
Excluded from the scope of the Orders are casing or tubing 
containing 10.5 percent or more by weight of chromium; drill pipe; 
unattached couplings; and unattached thread protectors.
    The merchandise covered by the Orders is currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 
7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 
7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 
7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 
7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 
7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 
7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 
7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 
7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 
7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 
7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 
7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 
7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
    The OCTG coupling stock covered by the Orders may also enter 
under the following HTSUS item numbers: 7304.39.00.24, 
7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 
7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 
7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 
7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 
7304.59.80.65, 7304.59.80.70, and 7304.59.80.80.
    The HTSUS subheadings are provided for convenience and customs 
purposes only; the written description of the scope of the Orders is 
dispositive.

[FR Doc. 2020-24993 Filed 11-10-20; 8:45 am]
BILLING CODE 3510-DS-P