Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the Russian Federation: Final Affirmative Countervailing Duty Determination, 35263-35265 [2021-14141]

Download as PDF Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD– 3027, found online at https:// www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632–9992. Submit your completed form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410; or (2) email: OAC@usda.gov. USDA is an equal opportunity provider, employer, and lender. Justin Maxon, Deputy Undersecretary, Rural Development. [FR Doc. 2021–14193 Filed 7–1–21; 8:45 am] Whereas, notice inviting public comment has been given in the Federal Register (86 FR 16183–16184, March 26, 2021) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s memorandum, and finds that the requirements of the FTZ Act and the Board’s regulations are satisfied; Now, therefore, the Board hereby approves the expansion and modification of Subzone 149C on behalf of Phillips 66 Company, as described in the application and Federal Register notice, subject to the FTZ Act and the Board’s regulations, including Section 400.13. Dated: June 28, 2021. Christian B. Marsh, Acting Assistant Secretary for Enforcement and Compliance Alternate Chairman, Foreign-Trade Zones Board. [FR Doc. 2021–14196 Filed 7–1–21; 8:45 am] BILLING CODE 3410–15–P BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Foreign-Trade Zones Board Foreign-Trade Zones Board [Order No. 2113] Approval of Expansion and Modification of Subzone 149C; Phillips 66 Company; Brazoria County, Texas lotter on DSK11XQN23PROD with NOTICES1 Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the following Order: Whereas, the Foreign-Trade Zones (FTZ) Act provides for ‘‘. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; Whereas, the Board’s regulations (15 CFR part 400) provide for the establishment of subzones for specific uses; Whereas, Port Freeport, grantee of Foreign-Trade Zone 149, has made application to the Board to expand and modify Subzone 149C on behalf of Phillips 66 Company to include an additional 490 acres at Site 1 and to remove 220 acres from Site 1 (FTZ Docket B–25–2021, docketed March 22, 2021); VerDate Sep<11>2014 17:12 Jul 01, 2021 Jkt 253001 [B–15–2021] Termination of Review of Production Notification, Foreign-Trade Zone (FTZ) 31—Granite City, Illinois, M.M.O. Companies, Inc. (Disassembly of Firearms and Ammunition), Mascoutah and Edwardsville, Illinois On March 1, 2021, the America’s Central Port District, grantee of FTZ 31, submitted a notification of proposed production activity to the FTZ Board on behalf of M.M.O. Companies, Inc., within Subzone 31E, in Mascoutah and Edwardsville, Illinois. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (86 FR 13281–13282, March 8, 2021). On June 29, 2021, the applicant was notified that review of the notification is being terminated, effective July 9, 2021. Dated: June 29, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–14197 Filed 7–1–21; 8:45 am] BILLING CODE 3510–DS–P PO 00000 35263 DEPARTMENT OF COMMERCE International Trade Administration [C–821–827] Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the Russian Federation: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of seamless carbon and alloy steel standard, line, and pressure pipe (seamless pipe) from the Russian Federation (Russia). DATES: Applicable July 2, 2021. FOR FURTHER INFORMATION CONTACT: Caitlin Monks, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2670. SUPPLEMENTARY INFORMATION: AGENCY: Background The petitioner in this investigation is Vallourec Star, L.P. In addition to the Government of Russia (GOR), the mandatory respondents in this investigation are PAO TMK, Volzhsky Pipe Plant Joint Stock Company (Volzhsky), and certain cross-owned affiliates (collectively, TMK).1 On December 11, 2020, Commerce published in the Federal Register the Preliminary Determination and aligned this final determination with the final antidumping duty (AD) determination, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4)(i).2 1 See Memorandum, ‘‘Countervailing Duty Investigation of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Russian Federation: Respondent Selection,’’ dated August 13, 2020. As discussed in the Preliminary Decision Memorandum (PDM), the cross-owned companies that comprise TMK are: PAO TMK, Volzhsky Pipe Plant Joint Stock Company (Volzhsky), Taganrog Metallurgical Plant Joint Stock Company (Tagmet), Sinarsky Pipe Plant Joint Stock Company (Sinarsky), Seversky Pipe Plant Joint Stock Company (Seversky), TMK CHERMET LLC (TMK CHERMET), TMK CHERMET LLC Volzhsky (TMK CHERMET Volzhsky), TMK CHERMET LLC Ekaterinburg (TMK CHERMET Ekaterinburg), TMK CHERMET LLC Rostov (TMK CHERMET Rostov), TMK CHERMET LLC Saratov (TMK CHERMET Saratov), and TMK CHERMET LLC Service (TMK CHERMET Service). 2 See Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Russian Continued Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 35264 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.3 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/. Period of Investigation The period of investigation is January 1, 2019, through December 31, 2019. Scope of the Investigation The product covered by this investigation is seamless pipe from Russia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments We did not receive comments from interested parties on the Preliminary Scope Decision Memorandum.4 As discussed in Preliminary Scope Decision Memorandum, Commerce modified the scope language as it appeared in the Initiation Notice to clarify certain exclusions. See the scope in Appendix I. Verification lotter on DSK11XQN23PROD with NOTICES1 Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act.5 Federation: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 85 FR 80007 (December 11, 2020) (Preliminary Determination), and accompanying PDM. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Russian Federation,’’ dated concurrently with this determination (Issues and Decision Memorandum). 4 See Commerce’s Memorandum, ‘‘Preliminary Scope Memorandum,’’ dated December 11, 2020 (Preliminary Scope Memorandum). 5 See Commerce’s Letter, ‘‘Countervailing Duty Investigation of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Russian VerDate Sep<11>2014 17:12 Jul 01, 2021 Jkt 253001 Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties is attached to this notice at Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce is relying, in part, on facts otherwise available, including adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of AFA, see the Preliminary Determination and the section ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the accompanying Issues and Decision Memorandum.7 Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, as well as additional information collected in questionnaires issued subsequent to the Preliminary Determination, we made certain changes to the countervailable subsidy rate calculation for TMK. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 705(c)(5)(A) of the Act provides that in the final determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates Federation: In Lieu of Verification Questionnaire,’’ dated March 29, 2021. 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See Preliminary Determination PDM at ‘‘Use of Facts Available, with Adverse Inferences;’’ see also Issues and Decision Memorandum at ‘‘Use of Facts Available, and Adverse Inferences.’’ PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 based entirely under section 776 of the Act. In this investigation, Commerce calculated an individual estimated countervailable subsidy rate for TMK, the only individually examined exporter/producer, which is not zero, de minimis, or based entirely on facts otherwise available.8 Accordingly, we have assigned the estimated countervailable subsidy rate calculated for TMK to all other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act. Final Determination Commerce determines that the following countervailable subsidy rates exist: Company PAO TMK/Volzhsky Pipe Plant Joint Stock Company 9 ............ All Others .................................... Subsidy rate (percent) 48.38 48.38 Disclosure Commerce intends to disclose to interested parties its calculations and analysis performed in this final determination within five days of its public announcement, or if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise from Russia that were entered, or withdrawn from warehouse, for consumption, effective December 11, 2020, which is the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, effective April 10, 2021, we instructed CBP to discontinue the suspension of liquidation of all entries at that time, but to continue the suspension of liquidation of all entries 8 See Preliminary Determination, 85 FR at 80025. discussed in the PDM Commerce has found the following companies to be cross-owned with PAO TMK and Volzhsky Pipe Plant Joint Stock Company: Sinarsky Pipe Plant; Taganrog Metallurgical Plant Joint Stock Company; Sinarsky Pipe Plant Joint Stock Company; Seversky Pipe Plant Joint Stock Company; TMK CHERMET LLC; TMK CHERMET LLC Volzhsky; TMK CHERMET LLC Ekaterinburg; TMK CHERMET LLC Rostov; TMK CHERMET LLC Saratov; and TMK CHERMET LLC Service. 9 As E:\FR\FM\02JYN1.SGM 02JYN1 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices between December 11, 2020, and April 9, 2021. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, and continue to require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. lotter on DSK11XQN23PROD with NOTICES1 ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of seamless pipe from Russia. Because the final determination in this proceeding is affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured or threatened with material injury, by reason of imports of seamless pipe from Russia no later than 45 days after our final determination. In addition, we are making available to the ITC all non-privileged and nonproprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding APO In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ 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 violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) VerDate Sep<11>2014 17:12 Jul 01, 2021 Jkt 253001 and 777(i) of the Act, and 19 CFR 351.210(c). Dated: June 25, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I—Scope of the Investigation The merchandise covered by the scope of this investigation is seamless carbon and alloy steel (other than stainless steel) pipes and redraw hollows, less than or equal to 16 inches (406.4 mm) in nominal outside diameter, regardless of wall-thickness, manufacturing process (e.g., hot-finished or cold-drawn), end finish (e.g., plain end, beveled end, upset end, threaded, or threaded and coupled), or surface finish (e.g., bare, lacquered or coated). Redraw hollows are any unfinished carbon or alloy steel (other than stainless steel) pipe or ‘‘hollow profiles’’ suitable for cold finishing operations, such as cold drawing, to meet the American Society for Testing and Materials (ASTM) or American Petroleum Institute (API) specifications referenced below, or comparable specifications. Specifically included within the scope are seamless carbon and alloy steel (other than stainless steel) standard, line, and pressure pipes produced to the ASTM A–53, ASTM A–106, ASTM A–333, ASTM A–334, ASTM A–589, ASTM A–795, ASTM A–1024, and the API 51 specifications, or comparable specifications, and meeting the physical parameters described above, regardless of application, with the exception of the exclusions discussed below. Specifically excluded from the scope of the investigation are: (1) All pipes meeting aerospace, hydraulic, and bearing tubing specifications, including pipe produced to the ASTM A–822 standard; (2) all pipes meeting the chemical requirements of ASTM A–335, whether finished or unfinished; and (3) unattached couplings. Also excluded from the scope of the investigation are all mechanical, boiler, condenser and heat exchange tubing, except when such products conform to the dimensional requirements, i.e., outside diameter and wall thickness, of ASTM A–53, ASTM A–106 or API 51 specifications. Also excluded from the scope of the investigation are: (1) Oil country tubular goods consisting of drill pipe, casing, tubing and coupling stock; (2) all pipes meeting the chemical requirements of ASTM A–335 regardless of their conformity to the dimensional requirements of ASTM A–53, ASTM A–106 or API 5L; and (3) the exclusion for ASTM A335 applies to pipes meeting the comparable specifications GOST 550–75. Subject seamless standard, line, and pressure pipe are normally entered under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045, 7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050, 7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 7304.59.6000, 7304.59.8010, PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 35265 7304.59.8015, 7304.59.8020, 7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, 7304.59.8055, 7304.59.8060, 7304.59.8065, and 7304.59.8070. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive. Appendix II—List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Use of Facts Available, and Adverse Inferences IV. Subsidies Valuation Information V. Benchmarks and Interest Rates VI. Analysis of Programs VII. Analysis of Comments Comment 1: Whether Commerce Used the Appropriate Sales Denominator To Calculate TMK’s Subsidy Rates Comment 2: Whether Commerce Can Investigate Subsidies Not Included in the Petition Comment 3a: Whether PJSC Gazprom (Gazprom) Is a Government Authority That Provides a Financial Contribution Comment 3b: Whether Oil Company Rosneft, Public Joint Stock Company (Rosneft) Is a Government Authority That Provides a Financial Contribution Comment 3c: Whether the Provision of Natural Gas Is Specific Comment 3d: Whether Commerce Should Adjust the Natural Gas Benchmark to ‘‘Tier-One’’ Comment 3e: Whether Commerce Should Adjust the Natural Gas Benchmark to ‘‘Tier-Two’’ Comment 3f: Whether Commerce Should Change the Data Relied Upon in Its Natural Gas ‘‘Tier-Three’’ Analysis Comment 4a: Whether Certain SCBs Are Government Authorities Comment 4b: Whether Lending From Certain SCBs Is Specific Comment 4c: Whether Commerce’s Application of Adverse Facts Available (AFA) With Respect to Its Specificity Determination Is Supported by the Record Comment 4d: Whether Commerce Should Adjust Its Lending Rate Benchmark Comment 5a: Whether the Sverdlovsk Region’s Development Program Provides a Financial Contribution Comment 5b: Whether the Sverdlovsk Region’s Development Program Is Specific Comment 6: Whether the Regional Investment Incentives From the Rostov Government Are Specific VIII. Recommendation [FR Doc. 2021–14141 Filed 7–1–21; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\02JYN1.SGM 02JYN1

Agencies

[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35263-35265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14141]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-827]


Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe 
From the Russian Federation: Final Affirmative Countervailing Duty 
Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of seamless carbon and alloy steel standard, line, and pressure pipe 
(seamless pipe) from the Russian Federation (Russia).

DATES: Applicable July 2, 2021.

FOR FURTHER INFORMATION CONTACT: Caitlin Monks, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2670.

SUPPLEMENTARY INFORMATION:

Background

    The petitioner in this investigation is Vallourec Star, L.P. In 
addition to the Government of Russia (GOR), the mandatory respondents 
in this investigation are PAO TMK, Volzhsky Pipe Plant Joint Stock 
Company (Volzhsky), and certain cross-owned affiliates (collectively, 
TMK).\1\ On December 11, 2020, Commerce published in the Federal 
Register the Preliminary Determination and aligned this final 
determination with the final antidumping duty (AD) determination, in 
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.210(b)(4)(i).\2\
---------------------------------------------------------------------------

    \1\ See Memorandum, ``Countervailing Duty Investigation of 
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe 
from the Russian Federation: Respondent Selection,'' dated August 
13, 2020. As discussed in the Preliminary Decision Memorandum (PDM), 
the cross-owned companies that comprise TMK are: PAO TMK, Volzhsky 
Pipe Plant Joint Stock Company (Volzhsky), Taganrog Metallurgical 
Plant Joint Stock Company (Tagmet), Sinarsky Pipe Plant Joint Stock 
Company (Sinarsky), Seversky Pipe Plant Joint Stock Company 
(Seversky), TMK CHERMET LLC (TMK CHERMET), TMK CHERMET LLC Volzhsky 
(TMK CHERMET Volzhsky), TMK CHERMET LLC Ekaterinburg (TMK CHERMET 
Ekaterinburg), TMK CHERMET LLC Rostov (TMK CHERMET Rostov), TMK 
CHERMET LLC Saratov (TMK CHERMET Saratov), and TMK CHERMET LLC 
Service (TMK CHERMET Service).
    \2\ See Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from the Russian Federation: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 85 FR 80007 
(December 11, 2020) (Preliminary Determination), and accompanying 
PDM.

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[[Page 35264]]

    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum, which is hereby adopted by this 
notice.\3\ 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/.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Countervailing Duty 
Investigation of Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from the Russian Federation,'' dated concurrently with 
this determination (Issues and Decision Memorandum).
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Period of Investigation

    The period of investigation is January 1, 2019, through December 
31, 2019.

Scope of the Investigation

    The product covered by this investigation is seamless pipe from 
Russia. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    We did not receive comments from interested parties on the 
Preliminary Scope Decision Memorandum.\4\ As discussed in Preliminary 
Scope Decision Memorandum, Commerce modified the scope language as it 
appeared in the Initiation Notice to clarify certain exclusions. See 
the scope in Appendix I.
---------------------------------------------------------------------------

    \4\ See Commerce's Memorandum, ``Preliminary Scope Memorandum,'' 
dated December 11, 2020 (Preliminary Scope Memorandum).
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Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Act.\5\
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Countervailing Duty Investigation 
of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe 
from the Russian Federation: In Lieu of Verification 
Questionnaire,'' dated March 29, 2021.
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
raised by parties is attached to this notice at Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Act. For each of the subsidy programs found countervailable, 
Commerce determines that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\6\ For a full description 
of the methodology underlying our final determination, see the Issues 
and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making this final determination, Commerce is relying, in part, 
on facts otherwise available, including adverse facts available (AFA), 
pursuant to sections 776(a) and (b) of the Act. For a full discussion 
of our application of AFA, see the Preliminary Determination and the 
section ``Use of Facts Otherwise Available and Adverse Inferences'' in 
the accompanying Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Preliminary Determination PDM at ``Use of Facts 
Available, with Adverse Inferences;'' see also Issues and Decision 
Memorandum at ``Use of Facts Available, and Adverse Inferences.''
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, as well as additional information collected in questionnaires 
issued subsequent to the Preliminary Determination, we made certain 
changes to the countervailable subsidy rate calculation for TMK. For a 
discussion of these changes, see the Issues and Decision Memorandum.

All-Others Rate

    Section 705(c)(5)(A) of the Act provides that in the final 
determination, Commerce shall determine an estimated all-others rate 
for companies not individually examined. This rate shall be an amount 
equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, Commerce calculated an individual estimated 
countervailable subsidy rate for TMK, the only individually examined 
exporter/producer, which is not zero, de minimis, or based entirely on 
facts otherwise available.\8\ Accordingly, we have assigned the 
estimated countervailable subsidy rate calculated for TMK to all other 
producers and exporters, pursuant to section 705(c)(5)(A)(i) of the 
Act.
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    \8\ See Preliminary Determination, 85 FR at 80025.
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Final Determination

    Commerce determines that the following countervailable subsidy 
rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
PAO TMK/Volzhsky Pipe Plant Joint Stock Company \9\.........       48.38
All Others..................................................       48.38
------------------------------------------------------------------------

Disclosure
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    \9\ As discussed in the PDM Commerce has found the following 
companies to be cross-owned with PAO TMK and Volzhsky Pipe Plant 
Joint Stock Company: Sinarsky Pipe Plant; Taganrog Metallurgical 
Plant Joint Stock Company; Sinarsky Pipe Plant Joint Stock Company; 
Seversky Pipe Plant Joint Stock Company; TMK CHERMET LLC; TMK 
CHERMET LLC Volzhsky; TMK CHERMET LLC Ekaterinburg; TMK CHERMET LLC 
Rostov; TMK CHERMET LLC Saratov; and TMK CHERMET LLC Service.
---------------------------------------------------------------------------

    Commerce intends to disclose to interested parties its calculations 
and analysis performed in this final determination within five days of 
its public announcement, or if there is no public announcement, within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to suspend liquidation of entries of 
subject merchandise from Russia that were entered, or withdrawn from 
warehouse, for consumption, effective December 11, 2020, which is the 
date of publication of the Preliminary Determination in the Federal 
Register.
    In accordance with section 703(d) of the Act, effective April 10, 
2021, we instructed CBP to discontinue the suspension of liquidation of 
all entries at that time, but to continue the suspension of liquidation 
of all entries

[[Page 35265]]

between December 11, 2020, and April 9, 2021.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order, and continue to require a cash deposit of estimated 
countervailing duties for such entries of subject merchandise in the 
amounts indicated above, in accordance with section 706(a) of the Act. 
If the ITC determines that material injury, or threat of material 
injury, does not exist, this proceeding will be terminated, and all 
estimated duties deposited or securities posted as a result of the 
suspension of liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of seamless 
pipe from Russia. Because the final determination in this proceeding is 
affirmative, in accordance with section 705(b) of the Act, the ITC will 
make its final determination as to whether the domestic industry in the 
United States is materially injured or threatened with material injury, 
by reason of imports of seamless pipe from Russia no later than 45 days 
after our final determination. In addition, we are making available to 
the ITC all non-privileged and nonproprietary information related to 
this investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305(a)(3). Timely written notification of the return/
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 violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).

    Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I--Scope of the Investigation

    The merchandise covered by the scope of this investigation is 
seamless carbon and alloy steel (other than stainless steel) pipes 
and redraw hollows, less than or equal to 16 inches (406.4 mm) in 
nominal outside diameter, regardless of wall-thickness, 
manufacturing process (e.g., hot-finished or cold-drawn), end finish 
(e.g., plain end, beveled end, upset end, threaded, or threaded and 
coupled), or surface finish (e.g., bare, lacquered or coated). 
Redraw hollows are any unfinished carbon or alloy steel (other than 
stainless steel) pipe or ``hollow profiles'' suitable for cold 
finishing operations, such as cold drawing, to meet the American 
Society for Testing and Materials (ASTM) or American Petroleum 
Institute (API) specifications referenced below, or comparable 
specifications. Specifically included within the scope are seamless 
carbon and alloy steel (other than stainless steel) standard, line, 
and pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-
333, ASTM A-334, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 51 
specifications, or comparable specifications, and meeting the 
physical parameters described above, regardless of application, with 
the exception of the exclusions discussed below.
    Specifically excluded from the scope of the investigation are: 
(1) All pipes meeting aerospace, hydraulic, and bearing tubing 
specifications, including pipe produced to the ASTM A-822 standard; 
(2) all pipes meeting the chemical requirements of ASTM A-335, 
whether finished or unfinished; and (3) unattached couplings. Also 
excluded from the scope of the investigation are all mechanical, 
boiler, condenser and heat exchange tubing, except when such 
products conform to the dimensional requirements, i.e., outside 
diameter and wall thickness, of ASTM A-53, ASTM A-106 or API 51 
specifications. Also excluded from the scope of the investigation 
are: (1) Oil country tubular goods consisting of drill pipe, casing, 
tubing and coupling stock; (2) all pipes meeting the chemical 
requirements of ASTM A-335 regardless of their conformity to the 
dimensional requirements of ASTM A-53, ASTM A-106 or API 5L; and (3) 
the exclusion for ASTM A335 applies to pipes meeting the comparable 
specifications GOST 550-75.
    Subject seamless standard, line, and pressure pipe are normally 
entered under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045, 
7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050, 
7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028, 
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 
7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020, 
7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 
7304.59.8045, 7304.59.8050, 7304.59.8055, 7304.59.8060, 
7304.59.8065, and 7304.59.8070. The HTSUS subheadings and 
specifications are provided for convenience and customs purposes; 
the written description of the scope is dispositive.

Appendix II--List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. Use of Facts Available, and Adverse Inferences
IV. Subsidies Valuation Information
V. Benchmarks and Interest Rates
VI. Analysis of Programs
VII. Analysis of Comments
    Comment 1: Whether Commerce Used the Appropriate Sales 
Denominator To Calculate TMK's Subsidy Rates
    Comment 2: Whether Commerce Can Investigate Subsidies Not 
Included in the Petition
    Comment 3a: Whether PJSC Gazprom (Gazprom) Is a Government 
Authority That Provides a Financial Contribution
    Comment 3b: Whether Oil Company Rosneft, Public Joint Stock 
Company (Rosneft) Is a Government Authority That Provides a 
Financial Contribution
    Comment 3c: Whether the Provision of Natural Gas Is Specific
    Comment 3d: Whether Commerce Should Adjust the Natural Gas 
Benchmark to ``Tier-One''
    Comment 3e: Whether Commerce Should Adjust the Natural Gas 
Benchmark to ``Tier-Two''
    Comment 3f: Whether Commerce Should Change the Data Relied Upon 
in Its Natural Gas ``Tier-Three'' Analysis
    Comment 4a: Whether Certain SCBs Are Government Authorities
    Comment 4b: Whether Lending From Certain SCBs Is Specific
    Comment 4c: Whether Commerce's Application of Adverse Facts 
Available (AFA) With Respect to Its Specificity Determination Is 
Supported by the Record
    Comment 4d: Whether Commerce Should Adjust Its Lending Rate 
Benchmark
    Comment 5a: Whether the Sverdlovsk Region's Development Program 
Provides a Financial Contribution
    Comment 5b: Whether the Sverdlovsk Region's Development Program 
Is Specific
    Comment 6: Whether the Regional Investment Incentives From the 
Rostov Government Are Specific
VIII. Recommendation

[FR Doc. 2021-14141 Filed 7-1-21; 8:45 am]
BILLING CODE 3510-DS-P

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