Oil Country Tubular Goods From the People's Republic of China: Preliminary Affirmative Determinations of Circumvention, 43627-43629 [2021-17016]

Download as PDF Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices claimed interested party status under section 771(9)(E) of the Act, as a trade or business association a majority of whose members manufacture, produce, or wholesale a domestic like product in the United States and stated that each member of the Committee is a manufacturer of the domestic like product and thus, is a domestic interested party pursuant to section 771(9)(C) of the Act.4 Commerce received a substantive response from the Committee 5 within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from the Government of Vietnam or any other domestic or interested parties in this proceeding, nor was a hearing requested. On May 21, 2021, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The scope of this Order covers PRCBs. Imports of merchandise included within the scope of this Order are currently classifiable under statistical category 3923.21.0085 of the Harmonized Tariff Schedule of the United States. For a complete description of the scope of the Order, see the accompanying Issues and Decision Memorandum.7 jbell on DSKJLSW7X2PROD with NOTICES Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via the Enforcement and Compliance’s Polyethylene Retail Carrier Bags from Vietnam: Domestic Industry Notice Of Intent To Participate In Sunset Review,’’ dated April 9, 2021. 4 Id. The individual members of the Committee are Hilex Poly Co., LLC and Superbag LLC. 5 See Committee’s Letter, ‘‘Five-Year (Sunset) Review of the Countervailing Duty Order On Polyethylene Retail Carrier Bags from Vietnam: Domestic Industry Substantive Response,’’ dated April 28, 2021. 6 See Commerce’s Letter, ‘‘Sunset Reviews for April 2021,’’ dated May 21, 2021. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Second Sunset Review of the Countervailing Duty Order on Polyethylene Retail Carrier Bags from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 43627 VIII. Recommendation Antidumping and Countervailing Duty Centralized Electronic Service System [FR Doc. 2021–16961 Filed 8–9–21; 8:45 am] (ACCESS). ACCESS is available to BILLING CODE 3510–DS–P registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision DEPARTMENT OF COMMERCE Memorandum can be accessed directly International Trade Administration on the internet at https:// enforcement.trade.gov/frn/. Final Results of Sunset Review [A–570–943, C–570–944] Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine that revocation of the CVD order on PRCBs from Vietnam would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates: Oil Country Tubular Goods From the People’s Republic of China: Preliminary Affirmative Determinations of Circumvention Administrative Protective Order (APO) DATES: This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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 violation which is subject to sanction. FOR FURTHER INFORMATION CONTACT: Enforcement and Compliance, International Trade Administration, Department of Commerce. Net SUMMARY: The Department of Commerce countervailable (Commerce) preliminarily determines Producer/exporter subsidy that imports of welded oil country (percent) tubular goods (OCTG) completed in Advance Polybag Co., Ltd ... 52.56 Brunei or the Philippines using inputs Fotai Vietnam Enterprise manufactured in the People’s Republic Corp. and Fotai Enterprise of China (China) are circumventing the Corporation ....................... 5.28 antidumping and countervailing duty All Others .............................. 5.28 orders on OCTG from China. Notification to Interested Parties We are issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218. Dated: July 23, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. History of the Order IV. Scope of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely To Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 AGENCY: Applicable August 10, 2021. Yang Jin Chun or John Drury, 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) 482–5760 and (202) 482–0195, respectively. SUPPLEMENTARY INFORMATION: Background On November 3, 2020, Commerce selfinitiated these anti-circumvention inquiries to determine whether certain imports of welded OCTG completed in Brunei or the Philippines using inputs manufactured in China are circumventing the antidumping and countervailing duty orders on OCTG from China.1 Scope of the Orders The products covered by the orders are certain OCTG, which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish. A full description of the scope of the orders is contained in the Preliminary Decision 1 See Oil Country Tubular Goods from the People’s Republic of China: Self-Initiation of AntiCircumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 85 FR 71877 (November 12, 2020). E:\FR\FM\10AUN1.SGM 10AUN1 43628 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices Memorandum.2 The written description is dispositive. jbell on DSKJLSW7X2PROD with NOTICES Scope of the Anti-Circumvention Inquiries These anti-circumvention inquiries cover welded OCTG completed in Brunei or the Philippines using inputs manufactured in China and subsequently exported from Brunei or the Philippines to the United States. inputs in a third country, i.e., Brunei or the Philippines, and exported to the United States. Suspension of Liquidation As stated above, Commerce has made preliminary affirmative findings of circumvention of the antidumping and countervailing duty orders on OCTG from China for welded OCTG completed in Brunei or the Philippines using inputs manufactured in China and Methodology subsequently exported from Brunei or Commerce is conducting these antithe Philippines to the United States. circumvention inquiries in accordance These preliminary circumvention with section 781(b) of the Tariff Act of findings apply to welded OCTG 1930, as amended (the Act), and 19 CFR assembled or completed in Brunei or the 351.225(h). Because China is a nonPhilippines using inputs manufactured market economy country within the in China and subsequently exported meaning of section 771(18) of the Act, from Brunei or the Philippines to the Commerce relied on surrogate values to United States. In accordance with value the purchases of Chinese hotsection 19 CFR 351.225(l)(2), Commerce rolled steel, as discussed in section will direct CBP to suspend liquidation 773(c) of the Act. For a complete and to require a cash deposit of description of the events that followed estimated duties on unliquidated entries the initiation of these antiof welded OCTG completed in Brunei or circumvention inquiries, see the the Philippines using inputs Preliminary Decision Memorandum. A manufactured in China, subsequently list of topics included in the exported from Brunei or the Philippines Preliminary Decision Memorandum is to the United States, and entered, or included as an Appendix to this notice. withdrawn from warehouse, for The Preliminary Decision Memorandum consumption on or after November 3, is a public document and is on file 2020, the date of initiation of these antielectronically via Enforcement and circumvention inquiries. The Compliance’s Antidumping and suspension of liquidation will remain in Countervailing Duty Centralized effect until further notice. For entries of Electronic Service System (ACCESS). such merchandise produced in Brunei ACCESS is available to registered users or the Philippines, Commerce will at https://access.trade.gov. In addition, a instruct CBP to require antidumping complete version of the Preliminary duty cash deposits equal to the rate Decision Memorandum can be accessed established for the China-wide entity, directly at https://enforcement.trade.gov/ i.e., 99.14 percent,3 and countervailing frn/. duty cash deposits equal to the current all-others rate, i.e., 27.08 percent.4 Preliminary Determinations Welded OCTG assembled or As detailed in the Preliminary completed in Brunei or the Philippines Decision Memorandum, Commerce using non-Chinese inputs is not subject preliminarily determines that welded to these anti-circumvention inquiries. OCTG assembled or completed in However, because the mandatory Brunei or the Philippines using inputs respondents are unable to track welded manufactured in China and OCTG to the country of origin of inputs subsequently exported from Brunei or used in the production of welded the Philippines to the United States are OCTG,5 Commerce will not implement circumventing the antidumping and a certification process at this countervailing duty orders on OCTG preliminary stage, and Commerce will from China. We therefore preliminarily require cash deposits on all entries of determine that it is appropriate to include this merchandise within the 3 See Oil Country Tubular Goods from the antidumping and countervailing duty People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2017– orders on OCTG from China and to 2018, 84 FR 32125, 32126 (July 5, 2019). instruct U.S. Customs and Border 4 See Oil Country Tubular Goods from the Protection (CBP) to suspend entries of People’s Republic of China: Notice of Court merchandise produced using Chinese Decision Not in Harmony With the Amended Final 2 See Memorandum, ‘‘Oil Country Tubular Goods from the People’s Republic of China: Decision Memorandum for Preliminary Affirmative Determinations of Circumvention,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum) at 3. VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 Determination of the Countervailing Duty Investigation, 82 FR 25770 (June 5, 2017). 5 See, e.g., HLDS (B) Steel Sdn. Bhd.’s Letter, ‘‘HLDSB Initial Questionnaire Response,’’ dated March 16, 2021 at 25; and HLD Clark Steel Pipe Co., Inc.’s Letter, ‘‘HLD Clark Initial Questionnaire Response,’’ dated March 16, 2021 at 26. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 welded OCTG from Brunei and the Philippines.6 However, we intend to implement a certification process in the future for any companies that may be established in Brunei or the Philippines, and we plan to issue draft certifications shortly after these preliminary determinations of circumvention. With respect to the mandatory respondents, Commerce will reconsider eligibility to participate in a certification process if a party demonstrates in a future segment of the proceeding (i.e., a changed circumstances review or an administrative review) that the OCTG being entered into the United States that it produces is not produced using Chinese inputs. Interested parties are invited to comment on this issue in their case briefs. Public Comment Commerce intends to disclose the analysis used in these preliminary findings within five days of publication of this notice. Interested parties are invited to comment on the preliminary determinations of these anticircumvention inquiries. Pursuant to 19 CFR 351.309(b)(2), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may not be filed later than seven days after the time limit for filing case briefs.7 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in these anti-circumvention inquiries are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm 6 See, e.g., Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Determination of Anti-Circumvention Inquiry, 84 FR 33920, 33921 (July 16, 2019). 7 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements); Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\10AUN1.SGM 10AUN1 43629 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices the date and time of the hearing two days before the scheduled date of the hearing. International Trade Commission Notification Consistent with section 781(e) of the Act, Commerce will notify the International Trade Commission (ITC) of these preliminary determinations to include the merchandise subject to these anti-circumvention inquiries within the antidumping and countervailing duty orders on OCTG from China. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning Commerce’s proposed inclusion of the subject merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days from the date of notification by Commerce to provide written advice. Final Determinations According to section 781(f) of the Act, Commerce shall, to the maximum extent practicable, make its anti-circumvention determination within 300 days from the date of the initiation of the inquiry.8 Due to the complicated nature of these anti-circumvention inquiries, we are hereby extending the deadline for the final determinations of these anticircumvention inquiries by 50 days. Therefore, Commerce intends to issue the final determinations of these anticircumvention inquiries to October 28, 2021. These preliminary affirmative circumvention determinations are published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: August 4, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Scope of the Anti-Circumvention Inquiries V. The Period of Inquiries VI. Surrogate Country and Valuation Methodology for Inputs From China VII. Statutory Framework VIII. Statutory Analysis IX. Other Statutory Criteria X. Summary of Statutory Analysis XI. Country-Wide Determinations XII. Recommendation [FR Doc. 2021–17016 Filed 8–9–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB289] Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice, Issuance of 14 Enhancement of Survival Permits. AGENCY: Notice is hereby given that NMFS has issued 14 enhancement of survival permits (Permit Numbers 23271, 23276, 23278, 23279, 23280, 23284, 23285, 23286, 23287, 23288, 23289, 23290, 23291, 23434) for enhancement and monitoring purposes associated with the Template Safe Harbor Agreement for Conservation of Coho Salmon in the Shasta River (Agreement) and associated Site Plans Agreements developed for the enrolled properties. ADDRESSES: The Agreement, Site Plan Agreements, permits, and supporting documents are available upon written request or by appointment: California Coastal Office, NMFS WCR, 1655 Heindon Road, Arcata, California 95521, ph: 707–825–5171, fax: 707–825–4840. FOR FURTHER INFORMATION CONTACT: Jim Simondet, Arcata, California (ph: 707– 825–5171, email: jim.simondet@ noaa.gov). SUMMARY: The issuance of permits under the Endangered Species Act of 1973 (ESA)(16 U.S.C. 1531–1543) is based on a finding that such permits: (1) Are applied for in good faith; (2) would not operate to the disadvantage of the ESAlisted species which are the subject of the permits; and (3) are consistent with the purposes and policies set forth in section 2 of the ESA. Authority to take listed species is subject to conditions set forth in the permits. Permits are issued in accordance with and are subject to the ESA and NMFS regulations (50 CFR parts 222–226) governing listed marine and anadromous species. SUPPLEMENTARY INFORMATION: Species Covered in This Notice The following listed species is covered in this notice: Threatened Southern Oregon/ Northern California Coast (SONCC) coho salmon (Oncorhynchus kisutch; covered species). Permits Issued Twelve permittees have been issued enhancement of survival permits upon entry into the Agreement, which was developed by NMFS, California Department of Fish and Wildlife (CDFW), the Shasta Watershed Conservation Group (SWCG), and the permittees (Table 1). The 12 permittees (Table 1) each developed site plan agreements for their respective properties (i.e., Enrolled Properties) that describe management activities that will be implemented, including Beneficial Management Activities (BMAs), as defined in the Agreement. The Site Plan Agreements, Agreement, and enhancement of survival permits are expected to promote the recovery of the covered species on enrolled properties within the Shasta River watershed in the Agreement area (see Figure 1 in the Agreement). The Shasta River is a tributary to the Klamath River and is in Siskiyou County, California. The duration of the Agreement and the associated enhancement of survival permits is 20 years. TABLE 1—PERMITTEE, PERMIT NUMBER, AND ENROLLED PROPERTIES AFFILIATED WITH THE AGREEMENT jbell on DSKJLSW7X2PROD with NOTICES Permittee Permit number Outpost North Annex ............... 23271 California Department of Fish and Wildlife. Cardoza Ranch ....................... 23276 23278 8 See also 19 CFR 351.225(f)(iii)(5) (explaining that Commerce will issue a final anticircumvention VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 Enrolled property Expiration date Belcampo-North Annex Property, 8030 Siskiyou Blvd., Grenada, CA 96038. Big Springs Ranch Wildlife Area, 41° 35′44.76 N 122°27′ 31.52 W. Cardoza Ranch, 3710 East Louie Road, Montague, CA 96064. ruling ‘‘normally within 300 days from the date of the initiation of the. . . inquiry’’). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1 February 24, 2041. February 25, 2041. February 24, 2041.

Agencies

[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43627-43629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17016]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Oil Country Tubular Goods From the People's Republic of China: 
Preliminary Affirmative Determinations of Circumvention

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that imports of welded oil country tubular goods (OCTG) completed in 
Brunei or the Philippines using inputs manufactured in the People's 
Republic of China (China) are circumventing the antidumping and 
countervailing duty orders on OCTG from China.

DATES: Applicable August 10, 2021.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or John Drury, 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) 482-5760 and (202) 482-0195, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2020, Commerce self-initiated these anti-
circumvention inquiries to determine whether certain imports of welded 
OCTG completed in Brunei or the Philippines using inputs manufactured 
in China are circumventing the antidumping and countervailing duty 
orders on OCTG from China.\1\
---------------------------------------------------------------------------

    \1\ See Oil Country Tubular Goods from the People's Republic of 
China: Self-Initiation of Anti-Circumvention Inquiries on the 
Antidumping Duty and Countervailing Duty Orders, 85 FR 71877 
(November 12, 2020).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by the orders are certain OCTG, which are 
hollow steel products of circular cross-section, including oil well 
casing and tubing, of iron (other than cast iron) or steel (both carbon 
and alloy), whether seamless or welded, regardless of end finish. A 
full description of the scope of the orders is contained in the 
Preliminary Decision

[[Page 43628]]

Memorandum.\2\ The written description is dispositive.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Oil Country Tubular Goods from the 
People's Republic of China: Decision Memorandum for Preliminary 
Affirmative Determinations of Circumvention,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum) at 3.
---------------------------------------------------------------------------

Scope of the Anti-Circumvention Inquiries

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

Methodology

    Commerce is conducting these anti-circumvention inquiries in 
accordance with section 781(b) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.225(h). Because China is a non-market economy 
country within the meaning of section 771(18) of the Act, Commerce 
relied on surrogate values to value the purchases of Chinese hot-rolled 
steel, as discussed in section 773(c) of the Act. For a complete 
description of the events that followed the initiation of these anti-
circumvention inquiries, see the Preliminary Decision Memorandum. 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/.

Preliminary Determinations

    As detailed in the Preliminary Decision Memorandum, Commerce 
preliminarily determines that welded OCTG assembled or completed in 
Brunei or the Philippines using inputs manufactured in China and 
subsequently exported from Brunei or the Philippines to the United 
States are circumventing the antidumping and countervailing duty orders 
on OCTG from China. We therefore preliminarily determine that it is 
appropriate to include this merchandise within the antidumping and 
countervailing duty orders on OCTG from China and to instruct U.S. 
Customs and Border Protection (CBP) to suspend entries of merchandise 
produced using Chinese inputs in a third country, i.e., Brunei or the 
Philippines, and exported to the United States.

Suspension of Liquidation

    As stated above, Commerce has made preliminary affirmative findings 
of circumvention of the antidumping and countervailing duty orders on 
OCTG from China for welded OCTG completed in Brunei or the Philippines 
using inputs manufactured in China and subsequently exported from 
Brunei or the Philippines to the United States. These preliminary 
circumvention findings apply to welded OCTG assembled or completed in 
Brunei or the Philippines using inputs manufactured in China and 
subsequently exported from Brunei or the Philippines to the United 
States. In accordance with section 19 CFR 351.225(l)(2), Commerce will 
direct CBP to suspend liquidation and to require a cash deposit of 
estimated duties on unliquidated entries of welded OCTG completed in 
Brunei or the Philippines using inputs manufactured in China, 
subsequently exported from Brunei or the Philippines to the United 
States, and entered, or withdrawn from warehouse, for consumption on or 
after November 3, 2020, the date of initiation of these anti-
circumvention inquiries. The suspension of liquidation will remain in 
effect until further notice. For entries of such merchandise produced 
in Brunei or the Philippines, Commerce will instruct CBP to require 
antidumping duty cash deposits equal to the rate established for the 
China-wide entity, i.e., 99.14 percent,\3\ and countervailing duty cash 
deposits equal to the current all-others rate, i.e., 27.08 percent.\4\
---------------------------------------------------------------------------

    \3\ See Oil Country Tubular Goods from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 84 FR 32125, 32126 (July 5, 2019).
    \4\ See Oil Country Tubular Goods from the People's Republic of 
China: Notice of Court Decision Not in Harmony With the Amended 
Final Determination of the Countervailing Duty Investigation, 82 FR 
25770 (June 5, 2017).
---------------------------------------------------------------------------

    Welded OCTG assembled or completed in Brunei or the Philippines 
using non-Chinese inputs is not subject to these anti-circumvention 
inquiries. However, because the mandatory respondents are unable to 
track welded OCTG to the country of origin of inputs used in the 
production of welded OCTG,\5\ Commerce will not implement a 
certification process at this preliminary stage, and Commerce will 
require cash deposits on all entries of welded OCTG from Brunei and the 
Philippines.\6\ However, we intend to implement a certification process 
in the future for any companies that may be established in Brunei or 
the Philippines, and we plan to issue draft certifications shortly 
after these preliminary determinations of circumvention. With respect 
to the mandatory respondents, Commerce will reconsider eligibility to 
participate in a certification process if a party demonstrates in a 
future segment of the proceeding (i.e., a changed circumstances review 
or an administrative review) that the OCTG being entered into the 
United States that it produces is not produced using Chinese inputs. 
Interested parties are invited to comment on this issue in their case 
briefs.
---------------------------------------------------------------------------

    \5\ See, e.g., HLDS (B) Steel Sdn. Bhd.'s Letter, ``HLDSB 
Initial Questionnaire Response,'' dated March 16, 2021 at 25; and 
HLD Clark Steel Pipe Co., Inc.'s Letter, ``HLD Clark Initial 
Questionnaire Response,'' dated March 16, 2021 at 26.
    \6\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Determination of Anti-
Circumvention Inquiry, 84 FR 33920, 33921 (July 16, 2019).
---------------------------------------------------------------------------

Public Comment

    Commerce intends to disclose the analysis used in these preliminary 
findings within five days of publication of this notice. Interested 
parties are invited to comment on the preliminary determinations of 
these anti-circumvention inquiries. Pursuant to 19 CFR 351.309(b)(2), 
interested parties may submit case briefs not later than 30 days after 
the date of publication of this notice. Rebuttal briefs, limited to 
issues raised in the case briefs, may not be filed later than seven 
days after the time limit for filing case briefs.\7\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in 
these anti-circumvention inquiries are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020); and 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, Commerce intends to hold the hearing at a time 
and date to be determined. Parties should confirm

[[Page 43629]]

the date and time of the hearing two days before the scheduled date of 
the hearing.

International Trade Commission Notification

    Consistent with section 781(e) of the Act, Commerce will notify the 
International Trade Commission (ITC) of these preliminary 
determinations to include the merchandise subject to these anti-
circumvention inquiries within the antidumping and countervailing duty 
orders on OCTG from China. Pursuant to section 781(e) of the Act, the 
ITC may request consultations concerning Commerce's proposed inclusion 
of the subject merchandise. If, after consultations, the ITC believes 
that a significant injury issue is presented by the proposed inclusion, 
it will have 60 days from the date of notification by Commerce to 
provide written advice.

Final Determinations

    According to section 781(f) of the Act, Commerce shall, to the 
maximum extent practicable, make its anti-circumvention determination 
within 300 days from the date of the initiation of the inquiry.\8\ Due 
to the complicated nature of these anti-circumvention inquiries, we are 
hereby extending the deadline for the final determinations of these 
anti-circumvention inquiries by 50 days. Therefore, Commerce intends to 
issue the final determinations of these anti-circumvention inquiries to 
October 28, 2021.
---------------------------------------------------------------------------

    \8\ See also 19 CFR 351.225(f)(iii)(5) (explaining that Commerce 
will issue a final anticircumvention ruling ``normally within 300 
days from the date of the initiation of the. . . inquiry'').
---------------------------------------------------------------------------

    These preliminary affirmative circumvention determinations are 
published in accordance with section 781(b) of the Act and 19 CFR 
351.225(f).

    Dated: August 4, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Anti-Circumvention Inquiries
V. The Period of Inquiries
VI. Surrogate Country and Valuation Methodology for Inputs From 
China
VII. Statutory Framework
VIII. Statutory Analysis
IX. Other Statutory Criteria
X. Summary of Statutory Analysis
XI. Country-Wide Determinations
XII. Recommendation

[FR Doc. 2021-17016 Filed 8-9-21; 8:45 am]
BILLING CODE 3510-DS-P

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