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