Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 7358-7361 [2021-01799]
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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices
continue to find that these four
companies did not have shipments of
subject merchandise during the POR.
We will issue appropriate instructions
to U.S. Customs and Border Protection
(CBP) based on these final results.
China-Wide Entity
In the Preliminary Results, we found
that Avid is ineligible for a separate rate
and treated it as a part of the Chinawide entity. For the final results,
Commerce continues to find Avid
ineligible for a separate rate and to treat
it as a part of the China-wide entity.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review.5 Consistent with its recent
notice,6 Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication). We will
instruct CBP to liquidate entries of
subject merchandise exported by the
China-wide entity at the China-wide
rate of 155.89 percent.7 Consistent with
Commerce’s assessment practice in nonmarket economy cases, for the
companies which Commerce
determined had no shipments of the
subject merchandise, any suspended
entries made under those exporters’ case
numbers (i.e., at the exporters’ rates)
will be liquidated at the China-wide
rate.8
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of subject
merchandise from China entered, or
5 See
19 CFR 351.212(b)(1).
Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
7 See Glycine from the People’s Republic of
China: Notice of Court Decision Not in Harmony
With Final Results of the Antidumping Duty
Administrative Review and Notice of Amended
Final Results; 2015–2016, 83 FR 49363 (October 1,
2018) for the calculation of the China-wide rate.
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
6 See
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withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed
Chinese and non-Chinese exporters that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (2) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity, i.e., 155.89 percent;
and (3) for all non-Chinese exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Reimbursement of Duties
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 double antidumping duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction 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 terms of an APO is a
sanctionable violation.
Notification to Interested Parties
The final results of this administrative
review are issued and published in
accordance with sections 751(a)(1) and
777(i) of the Act.
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Dated: January 22, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue
Comment: Rescission Request
V. Recommendation
[FR Doc. 2021–01906 Filed 1–27–21; 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: Preliminary Results of
Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain oil country tubular goods
(OCTG) from the Socialist Republic of
Vietnam were not sold in the United
States at less than normal value (NV)
during the period of review (POR)
September 1, 2018 through August 31,
2019. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable January 28, 2021.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2924.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 12, 2019, Commerce
initiated an administrative review of the
antidumping duty order on OCTG from
Vietnam.1 The review covers SeAH
Steel VINA Corporation (SeAH VINA)
and its U.S. affiliate Pusan Pipe
America, Inc. (Pusan Pipe) (collectively,
SSV).2 On April 24, 2020, Commerce
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
61011 (November 12, 2019) (Initiation Notice).
2 Pusan Pipe is the importer of record for all of
SeAH VINA’s shipments of subject merchandise to
the United States during the POR. See SSV
December 13, 2019 Section A Questionnaire
Response at 1.
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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices
tolled all deadlines in administrative
reviews by 50 days.3 On July 21, 2020,
Commerce extended the deadline for
these preliminary results by 120 days, in
accordance with section 751 (a)(3)(A) of
the Act, and 19 CFR 351.213(h)(2). On
July 22, 2020, Commerce tolled all
deadlines in administrative reviews by
an additional 60 days, thereby
extending the deadline for these
preliminary results until January 19,
2021.4
For a full description of events that
have occurred since the Initiation
Notice, see the Preliminary Decision
Memorandum.5 A list of topics included
in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Order
The merchandise covered by the order
is certain OCTG. The merchandise
subject to the order is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers: 7304.29.10.10,
7304.29.10.20, 7304.29.10.30,
7304.29.10.40, 7304.29.10.50,
7304.29.10.60, 7304.29.10.80,
7304.29.20.10, 7304.29.20.20,
7304.29.20.30, 7304.29.20.40,
3 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.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 22, 2020.
Commerce’s practice dictates that, where a deadline
falls on a weekend or federal holiday, the
appropriate deadline is the next business day. See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
Therefore, because the fully extended deadline
would normally be January 17, 2021, but that date
is a Sunday, and January 18, 2021, is a federal
holiday, the current deadline is Tuesday, January
19, 2021.
5 See Memorandum, ‘‘Certain Oil Country
Tubular Goods from the Socialist Republic of
Vietnam: Decision Memorandum for the
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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7304.29.20.50, 7304.29.20.60,
7304.29.20.80, 7304.29.31.10,
7304.29.31.20, 7304.29.31.30,
7304.29.31.40, 7304.29.31.50,
7304.29.31.60, 7304.29.31.80,
7304.29.41.10, 7304.29.41.20,
7304.29.41.30, 7304.29.41.40,
7304.29.41.50, 7304.29.41.60,
7304.29.41.80, 7304.29.50.15,
7304.29.50.30, 7304.29.50.45,
7304.29.50.60, 7304.29.50.75,
7304.29.61.15, 7304.29.61.30,
7304.29.61.45, 7304.29.61.60,
7304.29.61.75, 7305.20.20.00,
7305.20.40.00, 7305.20.60.00,
7305.20.80.00, 7306.29.10.30,
7306.29.10.90, 7306.29.20.00,
7306.29.31.00, 7306.29.41.00,
7306.29.60.10, 7306.29.60.50,
7306.29.81.10, and 7306.29.81.50.
The merchandise subject to the order
may also enter under the following
HTSUS item numbers: 7304.39.00.24,
7304.39.00.28, 7304.39.00.32,
7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48,
7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68,
7304.39.00.72, 7304.39.00.76,
7304.39.00.80, 7304.59.60.00,
7304.59.80.15, 7304.59.80.20,
7304.59.80.25, 7304.59.80.30,
7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60,
7304.59.80.65, 7304.59.80.70,
7304.59.80.80, 7305.31.40.00,
7305.31.60.90, 7306.30.50.55,
7306.30.50.90, 7306.50.50.50, and
7306.50.50.70.
While the HTSUS subheadings above
are provided for convenience and
customs purposes, the written
description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.
Methodology
Commerce conducted this review in
accordance with sections 751(a)(1)(B)
and 751(a)(2)(A) of the Tariff Act of
1930, as amended (the Act). Constructed
export prices have been calculated in
accordance with section 772(b) of the
Act. Because Vietnam is a non-market
economy (NME) within the meaning of
section 771(18) of the Act, NV has been
calculated in accordance with section
773(c) of the Act. For a full description
of the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Application of Separate Rates in NME
Proceedings
In the Initiation Notice, Commerce
notified parties of the application
process by which exporters may obtain
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7359
separate rate status in an NME
proceeding.6 It is Commerce’s policy to
assign all exporters of the merchandise
subject to review in NME countries a
single rate unless an exporter can
affirmatively demonstrate an absence of
government control, both in law (de
jure) and in fact (de facto), with respect
to exports. To establish whether a
company is sufficiently independent to
be entitled to a separate, companyspecific rate, Commerce analyzes each
exporting entity in an NME country
under the test established in Sparklers,7
as further developed by Silicon
Carbide.8 However, if Commerce
determines that a company is wholly
foreign-owned, then an analysis of the
de jure and de facto criteria is not
necessary to determine whether it is
independent from government control.9
For these Preliminary Results,
Commerce determines that the evidence
placed on the record of this review by
SSV demonstrates an absence of de jure
and de facto government control. We
have received no other separate rate
applications.
Vietnam-Wide Entity
Commerce’s policy regarding
conditional review of the Vietnam-wide
entity applies to this administrative
review.10 Under this policy, the
Vietnam-wide entity will not be under
review unless a party specifically
requests, or Commerce self-initiates, a
review of the entity. Because no party
requested a review of the Vietnam-wide
entity in this review, the entity is not
under review and the entity’s rate (i.e.,
111.47 percent) 11 is not subject to
change.
6 See
Initiation Notice.
Final Determination of Sales at Less Than
Fair Value: Sparklers from the People’s Republic of
China, 56 FR 20588 (May 6, 1991) (Sparklers).
8 See Notice of Final Determination of Sales at
Less Than Fair Value: Silicon Carbide from the
People’s Republic Of China, 59 FR 22585 (May 2,
1994) (Silicon Carbide).
9 See, e.g., Final Results of Antidumping Duty
Administrative Review: Petroleum Wax Candles
from the People’s Republic of China, 72 FR 52355,
52356 (September 13, 2007).
10 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
11 See Certain Oil Country Tubular Goods from
India, the Republic of Korea, Taiwan, the Republic
of Turkey, and the Social 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); see also Certain Oil Country Tubular Goods
from India, the Republic of Korea, Taiwan, the
Republic of Turkey, and the Socialist Republic of
Vietnam: Notice of Correction to the Antidumping
7 See
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Continued
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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
dumping margin exists for the period
September 1, 2018 through August 31,
2019:
Exporter
Weightedaverage
margin
(percent)
SeAH Steel VINA Corporation 12
0.00
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon in issuing its
final results of review. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this review. Accordingly, we intend to
verify the information relied upon in
issuing the final results through
alternative means in lieu of an on-site
verification.
Disclosure, Public Comment and
Opportunity To Request a Hearing
Commerce will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs
within 30 days after the date of
publication of these preliminary results
of review in the Federal Register.13
Rebuttals to case briefs, which must be
limited to issues raised in the case
briefs, may be filed within seven days
after the time limit for filing case
briefs.14 Pursuant to 19 CFR
351.309(c)(2) and (d)(2) parties who
submit case briefs or rebuttal briefs in
this review are requested to submit with
each argument: (a) A statement of the
issue, (b) a brief summary of the
argument, and (c) a table of
authorities.15 Parties submitting briefs
should do so pursuant to Commerce’s
Duty Orders With Respect to Turkey and the
Socialist Republic of Vietnam, 79 FR 59740
(October 3, 2014).
12 Commerce initiated a review of both SSV and
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 13, 2019 Section A Questionnaire
Response at 1. Therefore, we have not calculated a
rate for Pusan Pipe.
13 See 19 CFR 351.309(c)(1)(ii).
14 See 19 CFR 351.309(d)(1)–(2).
15 See 19 CFR 351.309(c)(2), (d)(2).
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electronic filing system, ACCESS.16
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information.17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance within 30 days of the
date of publication of this notice.
Requests should contain the party’s
name, address and telephone number,
the number of participants, whether any
participant is a foreign national and a
list of the issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a date and time to be
determined.18 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Commerce intends to issue the final
results of this administrative review,
which will include the results of our
analysis of all issues raised in the case
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.19 Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For assessment purposes, Commerce
applied the assessment rate calculation
method adopted in Antidumping Final
Modification.20 For any individually
examined respondent whose weighted
16 See 19 CFR 351.303 (for general filing
requirements).
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
18 See 19 CFR 351.310(d).
19 See 19 CFR 351.212(b).
20 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Antidumping Final
Modification) in the manner described in more
detail in the Preliminary Decision Memorandum.
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Sfmt 4703
average dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of this review, Commerce will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of sales, in accordance
with 19 CFR 351.212(b)(1). Where an
importer- (or customer-) specific ad
valorem rate is greater than de minimis,
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.21 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.22
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from Vietnam entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
examined Vietnamese and nonVietnamese exporters not listed above
that at the time of entry are eligible for
a separate rate based on a prior
completed segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific cash
deposit rate; (3) for all Vietnamese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate at the time of entry, the
cash deposit rate will be that for the
Vietnamese-wide entity; and (4) for all
non-Vietnamese exporters of subject
merchandise that at the time of entry are
not eligible for a separate rate, the cash
deposit rate will be the rate applicable
to the Vietnamese exporter that
supplied that non-Vietnamese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
21 See
22 See
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19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
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regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: January 19, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Scope of the Order
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021–01799 Filed 1–27–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–810]
Polyethylene Terephthalate Resin
From the Sultanate of Oman: Final
Results of Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that OCTAL
SAOC–FZC (OCTAL) made U.S. sales of
polyethylene terephthalate resin (PET
resin) from the Sultanate of Oman
(Oman) at less than normal value during
the period of review (POR), i.e., May 1,
2018 through April 30, 2019.
DATES: Applicable January 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3518.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 24, 2020, Commerce
published the Preliminary Results of the
2018–2019 antidumping duty
administrative review of PET resin from
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17:16 Jan 27, 2021
Jkt 253001
Oman.1 On August 31, 2020, we
received a case brief from DAK
Americas, LLC, Indorama Ventures
USA, Inc., and Nan Ya Plastics
Corporation, America (collectively,
petitioners). On September 8, 2020, we
received a rebuttal brief from OCTAL.2
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days.3 On July 21, 2020,
Commerce tolled all deadlines in
administrative reviews by an additional
60 days.4 The revised deadline for the
final results of this administrative
review is now January 19, 2021.
The merchandise covered by this
order is PET resin having an intrinsic
viscosity of at least 0.70, but not more
than 0.88, deciliters per gram. The
merchandise subject to this order is
properly classified under subheadings
3907.60.00.30, 3907.61.0000,
3907.61.0010, 3907.61.0050,
3907.69.0000, 3907.69.0010, and
3907.69.0050 of the Harmonized Tariff
Schedule of the United States
(HTSUS).5 Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by this order is dispositive.6
1 See Polyethylene Terephthalate Resin from the
Sultanate of Oman: Preliminary Results of
Antidumping Duty Administrative Review; 2018–
2019, 85 FR 44856 (July 24, 2020) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Petitioners’ Case Brief, ‘‘Polyethylene
Terephthalate Resin from Oman: Petitioners’ Case
Brief,’’ dated August 31, 2020 (Petitioners’ Brief);
see also ‘‘OCTAL’s Rebuttal Brief: Polyethylene
Terephthalate (PET) Resin from the Sultanate of
Oman,’’ dated September 8, 2020 (OCTAL’s
Rebuttal).
3 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.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
5 On January 27, 2017, Commerce added HTS
numbers 3907.61.0000 and 3907.69.0000 to the
Case Reference File. See Memorandum, ‘‘Request
from Customs and Border Protection to Update the
ACE Case Reference File: Polyethylene
Terephthalate Resin form the Sultanate of Oman
(A–523–810),’’ dated January 31, 2017. Further, on
February 28, 2019, Commerce added HTS numbers
3907.61.0010, 3907.61.0050, 3907.69.0010, and
3907.69.0050 to the Case Reference File. See
Memorandum, ‘‘Request from U.S. Customs and
Border Protection to Update the ACE Case
Reference File: Polyethylene Terephthalate Resin
form the Sultanate of Oman (A–523–810),’’ dated
February 28, 2019.
6 For a complete description of the scope of the
order, see memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2018–
2019 Administrative Review of the Antidumping
Duty Order on Polyethylene Terephthalate Resin
from the Sultanate of Oman,’’ dated concurrently
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
7361
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed in this
administrative review are addressed in
the Issues and Decision Memorandum,
which is hereby adopted by this notice.
A list of issues raised is attached as 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/
index.html. The signed and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties, we included in our calculation
certain commission expenses which had
been omitted from our preliminary
dumping margin calculation.
Additionally, after reviewing our
preliminary dumping margin
calculation, we determined that it was
appropriate to exclude certain home
market sales of samples, and to revise
programming language that we added to
the preliminary dumping margin
calculation to account for certain items
reported in multiple currencies.7 We
made no other changes to the
Preliminary Results.
Final Results of Review
We are assigning the following
dumping margin to the firm listed below
for the period May 1, 2018 through
April 30, 2019:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
OCTAL SAOC–FZC ...................
0.75
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
7 See Memorandum, ‘‘2018–2019 Antidumping
Duty Administrative Review of Polyethylene
Terephthalate Resin from the Sultanate of Oman:
Final Results Analysis Memorandum for OCTAL
SAOC–FZC,’’ dated concurrently with this notice.
E:\FR\FM\28JAN1.SGM
28JAN1
]]>Agencies
[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7358-7361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01799]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-817]
Certain Oil Country Tubular Goods From the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain oil country tubular goods (OCTG) from the Socialist
Republic of Vietnam were not sold in the United States at less than
normal value (NV) during the period of review (POR) September 1, 2018
through August 31, 2019. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable January 28, 2021.
FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2924.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2019, Commerce initiated an administrative review
of the antidumping duty order on OCTG from Vietnam.\1\ The review
covers SeAH Steel VINA Corporation (SeAH VINA) and its U.S. affiliate
Pusan Pipe America, Inc. (Pusan Pipe) (collectively, SSV).\2\ On April
24, 2020, Commerce
[[Page 7359]]
tolled all deadlines in administrative reviews by 50 days.\3\ On July
21, 2020, Commerce extended the deadline for these preliminary results
by 120 days, in accordance with section 751 (a)(3)(A) of the Act, and
19 CFR 351.213(h)(2). On July 22, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days, thereby extending
the deadline for these preliminary results until January 19, 2021.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019) (Initiation
Notice).
\2\ Pusan Pipe is the importer of record for all of SeAH VINA's
shipments of subject merchandise to the United States during the
POR. See SSV December 13, 2019 Section A Questionnaire Response at
1.
\3\ 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.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 22, 2020.
Commerce's practice dictates that, where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005). Therefore, because the fully extended deadline would normally
be January 17, 2021, but that date is a Sunday, and January 18,
2021, is a federal holiday, the current deadline is Tuesday, January
19, 2021.
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For a full description of events that have occurred since the
Initiation Notice, see the Preliminary Decision Memorandum.\5\ A list
of topics included in the Preliminary Decision Memorandum is included
as an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is certain OCTG. The
merchandise subject to the order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
The merchandise subject to the order may also enter under the
following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70.
While the HTSUS subheadings above are provided for convenience and
customs purposes, the written description is dispositive. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.
Methodology
Commerce conducted this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended
(the Act). Constructed export prices have been calculated in accordance
with section 772(b) of the Act. Because Vietnam is a non-market economy
(NME) within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Application of Separate Rates in NME Proceedings
In the Initiation Notice, Commerce notified parties of the
application process by which exporters may obtain separate rate status
in an NME proceeding.\6\ It is Commerce's policy to assign all
exporters of the merchandise subject to review in NME countries a
single rate unless an exporter can affirmatively demonstrate an absence
of government control, both in law (de jure) and in fact (de facto),
with respect to exports. To establish whether a company is sufficiently
independent to be entitled to a separate, company-specific rate,
Commerce analyzes each exporting entity in an NME country under the
test established in Sparklers,\7\ as further developed by Silicon
Carbide.\8\ However, if Commerce determines that a company is wholly
foreign-owned, then an analysis of the de jure and de facto criteria is
not necessary to determine whether it is independent from government
control.\9\ For these Preliminary Results, Commerce determines that the
evidence placed on the record of this review by SSV demonstrates an
absence of de jure and de facto government control. We have received no
other separate rate applications.
---------------------------------------------------------------------------
\6\ See Initiation Notice.
\7\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991) (Sparklers).
\8\ See Notice of Final Determination of Sales at Less Than Fair
Value: Silicon Carbide from the People's Republic Of China, 59 FR
22585 (May 2, 1994) (Silicon Carbide).
\9\ See, e.g., Final Results of Antidumping Duty Administrative
Review: Petroleum Wax Candles from the People's Republic of China,
72 FR 52355, 52356 (September 13, 2007).
---------------------------------------------------------------------------
Vietnam-Wide Entity
Commerce's policy regarding conditional review of the Vietnam-wide
entity applies to this administrative review.\10\ Under this policy,
the Vietnam-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the Vietnam-wide entity
in this review, the entity is not under review and the entity's rate
(i.e., 111.47 percent) \11\ is not subject to change.
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\11\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Social
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); see also Certain Oil Country Tubular
Goods from India, the Republic of Korea, Taiwan, the Republic of
Turkey, and the Socialist Republic of Vietnam: Notice of Correction
to the Antidumping Duty Orders With Respect to Turkey and the
Socialist Republic of Vietnam, 79 FR 59740 (October 3, 2014).
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[[Page 7360]]
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period September 1, 2018 through
August 31, 2019:
---------------------------------------------------------------------------
\12\ Commerce initiated a review of both SSV and 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
13, 2019 Section A Questionnaire Response at 1. Therefore, we have
not calculated a rate for Pusan Pipe.
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
SeAH Steel VINA Corporation \12\........................... 0.00
------------------------------------------------------------------------
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in issuing its final results of
review. Normally, Commerce verifies information using standard
procedures, including an on-site examination of original accounting,
financial, and sales documentation. However, due to current travel
restrictions in response to the global COVID-19 pandemic, Commerce is
unable to conduct on-site verification in this review. Accordingly, we
intend to verify the information relied upon in issuing the final
results through alternative means in lieu of an on-site verification.
Disclosure, Public Comment and Opportunity To Request a Hearing
Commerce will disclose the calculations used in our analysis to
parties in this review within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b). Interested parties
may submit case briefs within 30 days after the date of publication of
these preliminary results of review in the Federal Register.\13\
Rebuttals to case briefs, which must be limited to issues raised in the
case briefs, may be filed within seven days after the time limit for
filing case briefs.\14\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2)
parties who submit case briefs or rebuttal briefs in this review are
requested to submit with each argument: (a) A statement of the issue,
(b) a brief summary of the argument, and (c) a table of
authorities.\15\ Parties submitting briefs should do so pursuant to
Commerce's electronic filing system, ACCESS.\16\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information.\17\
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\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d)(1)-(2).
\15\ See 19 CFR 351.309(c)(2), (d)(2).
\16\ See 19 CFR 351.303 (for general filing requirements).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain the party's name,
address and telephone number, the number of participants, whether any
participant is a foreign national and a list of the issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a date and time to be
determined.\18\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\18\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case briefs, within 120 days of publication of these
preliminary results in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\19\ Commerce intends to issue assessment instructions
to CBP no earlier than 35 days after the date of publication of the
final results of this review in the Federal Register. If a timely
summons is filed at the U.S. Court of International Trade, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
---------------------------------------------------------------------------
\19\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
For assessment purposes, Commerce applied the assessment rate
calculation method adopted in Antidumping Final Modification.\20\ For
any individually examined respondent whose weighted average dumping
margin is above de minimis (i.e., 0.50 percent) in the final results of
this review, Commerce will calculate importer-specific assessment rates
on the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of sales, in
accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-)
specific ad valorem rate is greater than de minimis, Commerce will
instruct CBP to collect the appropriate duties at the time of
liquidation.\21\ Where either a respondent's weighted average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
ad valorem is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\22\
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\20\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Antidumping Final Modification) in the manner described in more
detail in the Preliminary Decision Memorandum.
\21\ See 19 CFR 351.212(b)(1).
\22\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from Vietnam entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously examined Vietnamese and non-Vietnamese exporters not listed
above that at the time of entry are eligible for a separate rate based
on a prior completed segment of this proceeding, the cash deposit rate
will continue to be the existing exporter-specific cash deposit rate;
(3) for all Vietnamese exporters of subject merchandise that have not
been found to be entitled to a separate rate at the time of entry, the
cash deposit rate will be that for the Vietnamese-wide entity; and (4)
for all non-Vietnamese exporters of subject merchandise that at the
time of entry are not eligible for a separate rate, the cash deposit
rate will be the rate applicable to the Vietnamese exporter that
supplied that non-Vietnamese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
[[Page 7361]]
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: January 19, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-01799 Filed 1-27-21; 8:45 am]
BILLING CODE 3510-DS-P
