Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 7358-7361 [2021-01799]

Download as PDF 7358 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 VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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. E:\FR\FM\28JAN1.SGM 28JAN1 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). VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 E:\FR\FM\28JAN1.SGM Continued 28JAN1 7360 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). VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 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. PO 00000 Frm 00008 Fmt 4703 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 E:\FR\FM\28JAN1.SGM 19 CFR 351.212(b)(1). 19 CFR 351.106(c)(2). 28JAN1 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices 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 VerDate Sep<11>2014 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]


-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).

---------------------------------------------------------------------------

[[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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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