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]
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Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Notices
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[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
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17:07 Nov 10, 2020
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comments were previously requested
via the Federal Register on August 31,
2020 during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: Department of Commerce.
Title: Annual Report from ForeignTrade Zones.
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Sheleen Dumas,
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[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
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Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Notices
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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).
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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.
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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).
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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.
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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
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[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.
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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.
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]]>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]
-----------------------------------------------------------------------
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
