Oil Country Tubular Goods From the Republic of Korea and the Russian Federation: Initiation of Countervailing Duty Investigations, 60210-60214 [2021-23714]
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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
7304.29.2060, 7304.29.2080, 7304.29.3110,
7304.29.3120, 7304.29.3130, 7304.29.3140,
7304.29.3150, 7304.29.3160, 7304.29.3180,
7304.29.4110, 7304.29.4120, 7304.29.4130,
7304.29.4140, 7304.29.4150, 7304.29.4160,
7304.29.4180, 7304.29.5015, 7304.29.5030,
7304.29.5045, 7304.29.5060, 7304.29.5075,
7304.29.6115, 7304.29.6130, 7304.29.6145,
7304.29.6160, 7304.29.6175, 7305.20.2000,
7305.20.4000, 7305.20.6000, 7305.20.8000,
7306.29.1030, 7306.29.1090, 7306.29.2000,
7306.29.3100, 7306.29.4100, 7306.29.6010,
7306.29.6050, 7306.29.8110, and
7306.29.8150.
The merchandise subject to the
investigations may also enter under the
following HTSUS item numbers:
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,
7304.39.0076, 7304.39.0080, 7304.59.6000,
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, 7304.59.8070,
7304.59.8080, 7305.31.4000, 7305.31.6090,
7306.30.5055, 7306.30.5090, 7306.50.5050,
and 7306.50.5070.
The HTSUS subheadings and
specifications above are provided for
convenience and customs purposes only. The
written description of the scope of the
investigations is dispositive.
[FR Doc. 2021–23715 Filed 10–29–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–913, C–821–834]
Oil Country Tubular Goods From the
Republic of Korea and the Russian
Federation: Initiation of Countervailing
Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable October 26, 2021.
FOR FURTHER INFORMATION CONTACT: Paul
Litwin (the Republic of Korea) or
Allison Hollander (the Russian
Federation), AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6002 or
(202) 482–2805, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
The Petitions
On October 6, 2021, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of oil
country tubular goods (OCTG) from the
Republic of Korea (Korea) and the
Russian Federation (Russia), filed in
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proper form on behalf of Borusan
Mannesmann Pipe U.S., Inc.; PTC
Liberty Tubulars LLC; U.S. Steel
Tubular Products, Inc.; the United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO, CLC;
and Welded Tube USA, Inc. (the
petitioners), domestic producers of
OCTG and a certified union that
represents workers engaged in the
production of OCTG.1 The Petitions
were accompanied by antidumping duty
(AD) petitions concerning imports of
OCTG from Argentina, Mexico, and
Russia.2
On October 8, 12, and 19, 2021,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.3 The petitioners filed
responses to these requests on October
12, 13, 15, and 21, 2021.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Government of Korea (GOK) and the
Government of Russia (GOR) are
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of OCTG
in Korea and Russia, and that such
imports are materially injuring, or
threatening material injury to, the
1 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Oil Country Tubular Goods from Argentina,
Mexico, the Republic of Korea, and Russia,’’ dated
October 6, 2021 (Petitions).
2 Id.
3 See Commerce’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Oil Country Tubular Goods
from Argentina, Mexico, the Republic of Korea, and
the Russian Federation: Supplemental Questions,’’
dated October 8, 2021 (General Issues
Questionnaire); Commerce’s Letter, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Oil Country Tubular Goods from the Russian
Federation: Supplemental Questions,’’ dated
October 8, 2021; Commerce’s Letter, ‘‘Petition for
the Imposition of Countervailing Duties on Imports
of Oil Country Tubular Goods from the Republic of
Korea: Supplemental Questions,’’ dated October 12,
2021; and Commerce’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Oil Country Tubular Goods
from Argentina, Mexico, the Republic of Korea, and
the Russian Federation: Supplemental Questions,’’
dated October 19, 2021.
4 See Petitioners’ Letter, ‘‘Oil Country Tubular
Goods from Argentina, Mexico, the Republic of
Korea, and Russia: Response to General Issues
Questionnaire,’’ dated October 12, 2021 (First
General Issues Supplement); Petitioners’ Letter,
‘‘Oil Country Tubular Goods from the Russian
Federation: Responses to Supplemental Questions,’’
dated October 13, 2021; Petitioners’ Letter, ‘‘Oil
Country Tubular Goods from the Republic of Korea:
Responses to Supplemental Questions,’’ dated
October 15, 2021; and Petitioners’ Letter, ‘‘Oil
Country Tubular Goods from Argentina, Mexico,
the Republic of Korea, and Russia: Response to
Second General Issues Questionnaire,’’ dated
October 21, 2021 (Second General Issues
Supplement).
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domestic industry producing OCTG in
the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating CVD
investigations, the Petitions were
accompanied by information reasonably
available to the petitioners supporting
their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry because the
petitioners are interested parties, as
defined in sections 771(9)(C) and (D) of
the Act. Commerce also finds that the
petitioners demonstrated sufficient
industry support with respect to the
initiation of the requested CVD
investigations.5
Period of Investigation
Because the Petitions were filed on
October 6, 2021, the period of
investigation (POI) for these CVD
investigations is January 1, 2020,
through December 31, 2020.6
Scope of the Investigations
The merchandise covered by these
investigations are oil country tubular
goods from Korea and Russia. For a full
description of the scope of these
investigations, see the appendix to this
notice.
Comments on Scope of the
Investigations
On October 13, 2021, Commerce
spoke with counsel to the petitioners
regarding the proposed scope to ensure
that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.7
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).8 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,9 all such
factual information should be limited to
public information. To facilitate
5 See ‘‘Determination of Industry Support for the
Petitions’’ section, infra.
6 See 19 CFR 351.204(b)(2).
7 See Memorandum, ‘‘Petitions for the Imposition
of Antidumping and Countervailing Duties on
Imports of Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and the
Russian Federation; Phone Call with Counsel to the
Petitioners,’’ dated October 13, 2021.
8 See Countervailing Duties, 62 FR 27323 (May
19, 1997).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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preparation of its questionnaires,
Commerce requests that all interested
parties submit scope comments by 5:00
p.m. Eastern Time (ET) on November
15, 2021, which is 20 calendar days
from the signature date of this notice.
Any rebuttal comments, which may
include factual information, must be
filed by 5:00 p.m. ET on November 26,
2021, which is the first business day
after 10 calendar days from the initial
comment deadline.10
Commerce requests that any factual
information the parties consider
relevant to the scope of the
investigations be submitted during this
time period. However, if a party
subsequently finds that additional
factual information pertaining to the
scope of the investigations may be
relevant, the party may contact
Commerce and request permission to
submit the additional information. All
such comments must be filed on the
records of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.11 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
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Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOK and the GOR of the receipt of
the Petitions and provided an
opportunity for consultations with
respect to the Petitions.12 Commerce
held consultations with the GOK and
10 The deadline for rebuttal comments falls on
November 25, 2021, which is a Federal holiday.
Commerce’s practice dictates that where a deadline
falls on a weekend or Federal holiday, the
appropriate deadline is the next business day (in
this instance, November 26, 2021). See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005).
11 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
12 See Commerce’s Letter, ‘‘Countervailing Duty
Petition on Oil Country Tubular Goods from the
Republic of Korea,’’ dated October 8, 2021; and
Commerce’s Letter, ‘‘Invitation for Consultations,’’
dated October 7, 2021.
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18:03 Oct 29, 2021
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the GOR on October 14 and 21, 2021,
respectively.13
Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,14 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.15
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
13 See Memorandum, ‘‘Consultations with
Government of the Republic of Korea,’’ dated
October 15, 2021; and Memorandum,
‘‘Countervailing Duty Petition on Oil Country
Tubular Goods from the Russian Federation:
Consultations with Officials from the Government
of the Russian Federation,’’ dated October 21, 2021.
14 See section 771(10) of the Act.
15 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
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which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.16 Based on our analysis
of the information submitted on the
record, we have determined that OCTG,
as defined in the scope, constitutes a
single domestic like product, and we
have analyzed industry support in terms
of that domestic like product.17
In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided the 2020 production of OCTG
for the U.S. producers that support the
Petitions.18 The petitioners estimated
the 2020 production by non-petitioning
companies using shipment data
available for the entire OCTG industry
and publicly available information on
production and domestic shipments
from the ITC’s 2020 report from the
sunset review of OCTG from India,
Korea, Turkey, Ukraine, and the
Socialist Republic of Vietnam.19 The
petitioners estimated the total 2020
production of the domestic like product
16 See Petitions at Volume I at 20–22 and Exhibits
I–11, I–13, I–14, and I–18.
17 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Country-Specific
Checklists, ‘‘Countervailing Duty Investigation
Initiation Checklists: Oil Country Tubular Goods
from the Republic of Korea and the Russian
Federation,’’ dated concurrently with this Federal
Register notice and on file electronically via
ACCESS (Country-Specific CVD Initiation
Checklists) at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing
Duty Petitions Covering Oil Country Tubular Goods
from Argentina, Mexico, the Republic of Korea, and
the Russian Federation (Attachment II).
18 See Petitions at Volume I at Exhibits I–1 and
I–3; see also First General Issues Supplement at 4
and Exhibits 4 and 8; and Second General Issues
Supplement at Exhibits 3–5.
19 See Petitions at Volume I at Exhibits I–1 and
I–2; see also First General Issues Supplement at
6–10 and Exhibit 1 (containing Oil Country Tubular
Goods from India, Korea, Turkey, Ukraine, and
Vietnam, Inv. No. 701–TA–499–500 and 731–TA–
1215–1216, 1221–1223 (Review), USITC Pub. 5090
(July 2020) (OCTG Review)) and Exhibit 8
(containing OCTG Review at Table III–5); and
Second General Issues Supplement at Exhibit 5.
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for the entire industry by adding their
production to the estimated production
of the non-petitioning producers.20 We
relied on data provided by the
petitioners for purposes of measuring
industry support.21
On October 8, 15, and 20, 2021, we
received comments on industry support
from Tenaris Bay City, Inc.; IPSCO
Tubulars Inc.; Maverick Tube
Corporation; and Tenaris Global
Services (U.S.A.) Corporation
(collectively, Tenaris USA), U.S.
producers of OCTG.22 On October 18,
2021, the petitioners responded to the
comments from Tenaris USA.23 On
October 21, 2021, the GOR raised
industry support comments during the
consultations held regarding the Russia
CVD Petition.24 On October 21, 2021,
we received comments from TMK
Group (TMK), a Russian producer and
exporter of OCTG.25 On October 22,
2021, Tenaris USA filed its fourth
submission with Commerce and
formally indicated that it opposes the
Petitions.26 Also on October 22, 2021,
20 See First General Issues Supplement at 7 and
Exhibit 8; see also Second General Issues
Supplement at Exhibit 5.
21 See Petitions at Volume I at Exhibits I–1 and
I–2; see also First General Issues Supplement at
3–10 and Exhibits 1, 4, 5, and 8; and Second
General Issues Supplement at 1–2 and Exhibits 2–
5.
22 See Tenaris USA’s Letters, ‘‘Oil Country
Tubular Goods from Argentina, Mexico, the
Republic of Korea, and Russia: Factual Errors in
Petitions,’’ dated October 8, 2021; and ‘‘Oil Country
Tubular Goods from Argentina, Mexico, the
Republic of Korea, and Russia: Comments on
Petitioners’ Standing,’’ dated October 15, 2021; and
‘‘Oil Country Tubular Goods from Mexico: Reply
Comments on Petitioners’ Standing,’’ dated October
20, 2021. In addition, on October 21, 2021,
Commerce met via video conference with counsel
to Tenaris USA to discuss its industry support
comments. See Memorandum, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Oil Country Tubular Goods
from Argentina, Mexico, the Republic of Korea, and
the Russian Federation,’’ dated October 21, 2021.
23 See Petitioners’ Letter, ‘‘Oil Country Tubular
Goods from Argentina, Mexico, Russia, and the
Republic of Korea: Response to Tenaris Submission
Concerning Petitioners’ Standing,’’ dated October
18, 2021 (Petitioners’ Letter).
24 See Memorandum, ‘‘Countervailing Duty
Petition on Oil Country Tubular Goods from the
Russian Federation: Consultations with Officials
from the Government of the Russian Federation,’’
dated October 21, 2021; see also GOR’s Letter,
‘‘Countervailing Duty Investigation of Certain Oil
Country Tubular Goods from the Russian
Federation: Consultations,’’ dated October 25, 2021.
25 See TMK’s Letter, ‘‘Oil Country Tubular Goods
from Russia: Comments on Petitioners’ Standing,’’
dated October 21, 2021.
26 See Tenaris USA’s Letter, ‘‘Oil Country Tubular
Goods from Argentina, Mexico, the Republic of
Korea, and Russia: Comments on Petitioners’
Second General Issues Questionnaire Response,’’
dated October 22, 2021. We note that, though
Tenaris USA opposes the Petitions, it has not
provided any production data for Commerce to
include in the industry support calculation. See
Country-Specific CVD Initiation Checklists at
Attachment II at footnote 47.
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18:03 Oct 29, 2021
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the petitioners responded to TMK’s
comments.27
Based on the information provided in
the Petitions, the First General Issues
Supplement, Petitioners’ Letter, the
Second General Issues Supplement,
Petitioners’ Letter II, and other
information readily available to
Commerce, we determine that the
domestic producers and workers have
met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of
the Act because the domestic producers
(or workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.28 Because the Petitions and
supplemental submissions did not
establish support from domestic
producers (or workers) accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce was required to take further
action in order to evaluate industry
support.29 In this case, Commerce was
able to rely on other information, in
accordance with section 702(c)(4)(D)(i)
of the Act, to determine industry
support.30 Based on information
provided in the Petitions, the First
General Issues Supplement, Petitioners’
Letter, the Second General Issues
Supplement, Petitioners’ Letter II, and
other information readily available to
Commerce, the domestic producers and
workers have met the statutory criteria
for industry support under section
702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who
support the Petitions account for more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
Petitions.31 We note that, even if all
other U.S. producers of OCTG oppose
the Petitions (including Tenaris USA),
the supporters of the Petitions would
still have the requisite level of industry
support pursuant to section
702(c)(4)(A)(ii) of the Act.32
Accordingly, Commerce determines that
the Petitions were filed on behalf of the
domestic industry within the meaning
of section 702(b)(1) of the Act.33
27 See Petitioners’ Letter, ‘‘Oil Country Tubular
Goods from Russia: Response to TMK’s Comments
on Petitioners’ Standing,’’ dated October 22, 2021
(Petitioners’ Letter II).
28 See Country-Specific CVD Initiation Checklists
at Attachment II.
29 See section 702(c)(4)(D) of the Act.
30 See Country-Specific CVD Initiation Checklists
at Attachment II.
31 Id.
32 Id.
33 Id.
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Injury Test
Because Korea and Russia are
‘‘Subsidies Agreement Countries’’
within the meaning of section 701(b) of
the Act, section 701(a)(2) of the Act
applies to these investigations.
Accordingly, the ITC must determine
whether imports of the subject
merchandise from Korea and/or Russia
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports threaten to cause material
injury to the U.S. industry producing
the domestic like product. In addition,
the petitioners allege that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.34
The petitioners contend that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
price suppression; lost sales and
revenues; declines in production, U.S.
shipments, and capacity utilization;
decline in employment; and adverse
impact on the domestic industry’s
financial performance.35 We assessed
the allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence and
meet the statutory requirements for
initiation.36
Initiation of CVD Investigations
Based upon our examination of the
Petitions on OCTG from Korea and
Russia, including supplemental
information provided by the petitioners,
we find that the Petitions meet the
requirements of section 702 of the Act.
Therefore, we are initiating CVD
investigations to determine whether
imports of OCTG from Korea and Russia
benefit from countervailable subsidies
conferred by the GOK and the GOR,
respectively. In accordance with section
703(b)(1) of the Act and 19 CFR
34 See Petitions at Volume I at 28 and Exhibit
I–22.
35 Id. at 1–2, 28–48 and Exhibits I–1, I–5, I–6,
I–8, I–9, I–11, I–13, I–14, I–20, I–22 through I–34;
see also First General Issues Supplement at 10.
36 See Country-Specific CVD Initiation Checklists
at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and the
Russian Federation.
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Korea
Based on our review of the Petition on
Korean OCTG, we find that there is
sufficient information to initiate a CVD
investigation on 46 alleged programs.
For a full discussion of the basis for our
decision to initiate on each program, see
Korea CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
accept rebuttal comments regarding the
CBP data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Commerce’s
website at https://enforcement.trade.gov/
apo.
Comments on CBP data and
respondent selection must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the specified deadline.
CFR 351.102(b)(21) the information is
being submitted and, if the information
is submitted to rebut, clarify, or correct
factual information already on the
record, provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct.41 Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Interested
parties should review the regulations
prior to submitting factual information
in these investigations.
Russia
Based on our review of the Petition on
Russian OCTG, we find that there is
sufficient information to initiate a CVD
investigation on 12 alleged programs.
For a full discussion of the basis for our
decision to initiate on each program, see
Russia CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Distribution of Copies of the Petitions
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petitions has been provided to the
GOK and GOR via ACCESS. To the
extent practicable, Commerce will
attempt to provide a copy of the public
version of the Petitions to each exporter
named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
Extensions of Time Limits
Respondent Selection
The petitioners named 287 companies
in Korea and 14 companies in Russia as
producers/exporters of OCTG.37
Commerce intends to follow its standard
practice in CVD investigations and
calculate company-specific subsidy
rates in these investigations.
In the event that Commerce
determines that the number of
companies in Korea or Russia is large
and it cannot individually examine each
company based upon Commerce’s
resources, where appropriate,
Commerce intends to select respondents
based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of
OCTG from Korea and Russia during the
POI under the appropriate Harmonized
Tariff Schedule of the United States
subheadings listed in the ‘‘Scope of the
Investigations,’’ in the appendix.
On October 19, 2021, Commerce
released CBP data for U.S. imports of
OCTG from Korea and Russia under
administrative protective order (APO) to
all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
regarding the CBP data and respondent
selection must do so within three
business days of the publication date of
the notice of initiation of these CVD
investigations.38 Commerce will not
ITC Notification
Commerce will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
351.205(b)(1), unless postponed, we will
make our preliminary determinations no
later than 65 days after the publication
date of these initiations.
lotter on DSK11XQN23PROD with NOTICES1
60213
Volume I of the Petitions at Exhibit I–19.
Memoranda, ‘‘Countervailing Duty Petition
on Imports of Oil Country Tubular Goods from the
Russian Federation: Release of U.S. Customs and
Border Protection Data,’’ dated October 19, 2021;
and ‘‘Countervailing Duty Petition on Imports of Oil
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of OCTG from Korea and Russia are
materially injuring or threatening
material injury to a U.S. industry.39 A
negative ITC determination for any
country will result in the investigation
being terminated with respect to that
country.40 Otherwise, the investigations
will proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Any party, when
submitting factual information, must
specify under which subsection of 19
37 See
38 See
VerDate Sep<11>2014
18:03 Oct 29, 2021
Jkt 256001
Country Tubular Goods from the from the Republic
of Korea: Release of U.S. Customs and Border
Protection Data,’’ dated October 19, 2021.
39 See section 733(a) of the Act.
40 Id.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301 or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
standalone submission; under limited
circumstances Commerce will grant
untimely-filed requests for the extension
of time limits. Parties should review
Commerce’s regulations concerning the
extension of time limits prior to
submitting extension requests in these
investigations.42
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.43
Parties must use the certification
formats provided in 19 CFR
351.303(g).44 Commerce intends to
41 See
19 CFR 351.301(b).
19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
43 See section 782(b) of the Act.
44 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
42 See
E:\FR\FM\01NON1.SGM
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01NON1
60214
Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Instructions for filing such applications
may be found on the Commerce website
at https://enforcement.trade.gov/apo.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing a letter of
appearance). Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.45
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act and 19 CFR 351.203(c).
Dated: October 26, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of the Assistant
Secretary for Enforcement and Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
Scope of the Investigations
The merchandise covered by the
investigations is certain oil country tubular
goods (OCTG), which are hollow steel
products of circular cross-section, including
oil well casing and tubing, of iron (other than
case iron) or steel (both carbon and alloy),
whether seamless or welded, regardless of
end finish (e.g., whether or not plain end,
threaded, or threaded and coupled) whether
or not conforming to American Petroleum
Institute (API) or non-API specifications,
whether finished (including limited service
OCTG products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread protectors
are attached. The scope of the investigations
also covers OCTG coupling stock.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise processed in
a third country, including by performing any
heat treatment, cutting, upsetting, threading,
coupling, or any other finishing, packaging,
or processing that would not otherwise
remove the merchandise from the scope of
the investigations if performed in the country
of manufacture of the OCTG.
Excluded from the scope of the
investigations are: Casing or tubing
containing 10.5 percent or more by weight of
chromium; drill pipe; unattached couplings;
and unattached thread protectors.
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
45 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
18:03 Oct 29, 2021
Jkt 256001
The merchandise subject to these
investigations is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under item numbers:
7304.29.1010, 7304.29.1020, 7304.29.1030,
7304.29.1040, 7304.29.1050, 7304.29.1060,
7304.29.1080, 7304.29.2010, 7304.29.2020,
7304.29.2030, 7304.29.2040, 7304.29.2050,
7304.29.2060, 7304.29.2080, 7304.29.3110,
7304.29.3120, 7304.29.3130, 7304.29.3140,
7304.29.3150, 7304.29.3160, 7304.29.3180,
7304.29.4110, 7304.29.4120, 7304.29.4130,
7304.29.4140, 7304.29.4150, 7304.29.4160,
7304.29.4180, 7304.29.5015, 7304.29.5030,
7304.29.5045, 7304.29.5060, 7304.29.5075,
7304.29.6115, 7304.29.6130, 7304.29.6145,
7304.29.6160, 7304.29.6175, 7305.20.2000,
7305.20.4000, 7305.20.6000, 7305.20.8000,
7306.29.1030, 7306.29.1090, 7306.29.2000,
7306.29.3100, 7306.29.4100, 7306.29.6010,
7306.29.6050, 7306.29.8110, and
7306.29.8150.
The merchandise subject to the
investigations may also enter under the
following HTSUS item numbers:
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,
7304.39.0076, 7304.39.0080, 7304.59.6000,
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, 7304.59.8070,
7304.59.8080, 7305.31.4000, 7305.31.6090,
7306.30.5055, 7306.30.5090, 7306.50.5050,
and 7306.50.5070.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigations is dispositive.
[FR Doc. 2021–23714 Filed 10–29–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Environmental Technologies Trade
Advisory Committee Meeting
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting of a
Federal Advisory Committee.
AGENCY:
This notice sets forth the
schedule and proposed topics for a
meeting of the Environmental
Technologies Trade Advisory
Committee (ETTAC).
DATES: The meeting is scheduled for
Tuesday, November 16, 2021 from 10:00
a.m. to 5:00 p.m. Eastern Standard Time
(EST). The deadline for members of the
public to register to participate,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is
5:00 p.m. EST on Tuesday, November 9,
2021.
SUMMARY:
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
The meeting will be held
virtually via Webex. Requests to register
to participate (including to speak or for
auxiliary aids) and any written
comments should be submitted via
email to Ms. Victoria Yue, Office of
Energy & Environmental Industries,
International Trade Administration, at
Victoria.yue@trade.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Victoria Yue, Office of Energy &
Environmental Industries, International
Trade Administration (Phone: 202–482–
3492; email: Victoria.yue@trade.gov).
SUPPLEMENTARY INFORMATION: The
meeting will take place on Tuesday,
November 16, 2021 from 10:00 a.m. to
5:00 p.m. EST. The general meeting is
open to the public, and time will be
permitted for public comment from 4:30
p.m. to 5:00 p.m. EST. Members of the
public seeking to attend the meeting are
required to register in advance. Those
interested in attending must provide
notification by Tuesday, November 9,
2021, at 5:00 p.m. EST, via the contact
information provided above. This
meeting is physically accessible to
people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
OEEI at Victoria.Yue@trade.gov or (202)
482–3492 no less than one week prior
to the meeting. Requests received after
this date will be accepted, but it may
not be possible to accommodate them.
Written comments concerning ETTAC
affairs are welcome any time before or
after the meeting. To be considered
during the meeting, written comments
must be received by Tuesday, November
9, 2021, at 5:00 p.m. EST to ensure
transmission to the members before the
meeting. Minutes will be available
within 30 days of this meeting.
Topics to be considered: During the
November 16 meeting, which will be the
third meeting of the current charter
term, the Committee will review draft
recommendations and conduct
subcommittee breakouts under the
themes of Trade Policy and Export
Competitiveness, Climate Change
Mitigation and Resilience Technologies,
and Waste Management and Circular
Economy. An agenda will be made
available one week prior to the meeting
upon request to Victoria Yue.
Background: The ETTAC is mandated
by Section 2313(c) of the Export
Enhancement Act of 1988, as amended,
15 U.S.C. 4728(c), to advise the
Environmental Trade Working Group of
the Trade Promotion Coordinating
Committee, through the Secretary of
Commerce, on the development and
administration of programs to expand
U.S. exports of environmental
ADDRESSES:
E:\FR\FM\01NON1.SGM
01NON1
]]>Agencies
[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60210-60214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23714]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-913, C-821-834]
Oil Country Tubular Goods From the Republic of Korea and the
Russian Federation: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 26, 2021.
FOR FURTHER INFORMATION CONTACT: Paul Litwin (the Republic of Korea) or
Allison Hollander (the Russian Federation), AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6002 or (202) 482-2805, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 6, 2021, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of oil
country tubular goods (OCTG) from the Republic of Korea (Korea) and the
Russian Federation (Russia), filed in proper form on behalf of Borusan
Mannesmann Pipe U.S., Inc.; PTC Liberty Tubulars LLC; U.S. Steel
Tubular Products, Inc.; the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC; and Welded Tube USA, Inc. (the
petitioners), domestic producers of OCTG and a certified union that
represents workers engaged in the production of OCTG.\1\ The Petitions
were accompanied by antidumping duty (AD) petitions concerning imports
of OCTG from Argentina, Mexico, and Russia.\2\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Oil Country Tubular Goods
from Argentina, Mexico, the Republic of Korea, and Russia,'' dated
October 6, 2021 (Petitions).
\2\ Id.
---------------------------------------------------------------------------
On October 8, 12, and 19, 2021, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ The
petitioners filed responses to these requests on October 12, 13, 15,
and 21, 2021.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Oil Country
Tubular Goods from Argentina, Mexico, the Republic of Korea, and the
Russian Federation: Supplemental Questions,'' dated October 8, 2021
(General Issues Questionnaire); Commerce's Letter, ``Petition for
the Imposition of Countervailing Duties on Imports of Oil Country
Tubular Goods from the Russian Federation: Supplemental Questions,''
dated October 8, 2021; Commerce's Letter, ``Petition for the
Imposition of Countervailing Duties on Imports of Oil Country
Tubular Goods from the Republic of Korea: Supplemental Questions,''
dated October 12, 2021; and Commerce's Letter, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Oil Country Tubular Goods from Argentina, Mexico, the Republic of
Korea, and the Russian Federation: Supplemental Questions,'' dated
October 19, 2021.
\4\ See Petitioners' Letter, ``Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and Russia: Response to
General Issues Questionnaire,'' dated October 12, 2021 (First
General Issues Supplement); Petitioners' Letter, ``Oil Country
Tubular Goods from the Russian Federation: Responses to Supplemental
Questions,'' dated October 13, 2021; Petitioners' Letter, ``Oil
Country Tubular Goods from the Republic of Korea: Responses to
Supplemental Questions,'' dated October 15, 2021; and Petitioners'
Letter, ``Oil Country Tubular Goods from Argentina, Mexico, the
Republic of Korea, and Russia: Response to Second General Issues
Questionnaire,'' dated October 21, 2021 (Second General Issues
Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Government of Korea
(GOK) and the Government of Russia (GOR) are providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of OCTG in Korea and Russia, and that such imports are
materially injuring, or threatening material injury to, the domestic
industry producing OCTG in the United States. Consistent with section
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs
on which we are initiating CVD investigations, the Petitions were
accompanied by information reasonably available to the petitioners
supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry because the petitioners are interested
parties, as defined in sections 771(9)(C) and (D) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support with respect to the initiation of the requested CVD
investigations.\5\
---------------------------------------------------------------------------
\5\ See ``Determination of Industry Support for the Petitions''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petitions were filed on October 6, 2021, the period of
investigation (POI) for these CVD investigations is January 1, 2020,
through December 31, 2020.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigations
The merchandise covered by these investigations are oil country
tubular goods from Korea and Russia. For a full description of the
scope of these investigations, see the appendix to this notice.
Comments on Scope of the Investigations
On October 13, 2021, Commerce spoke with counsel to the petitioners
regarding the proposed scope to ensure that the scope language in the
Petitions is an accurate reflection of the products for which the
domestic industry is seeking relief.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Oil Country
Tubular Goods from Argentina, Mexico, the Republic of Korea, and the
Russian Federation; Phone Call with Counsel to the Petitioners,''
dated October 13, 2021.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate
[[Page 60211]]
preparation of its questionnaires, Commerce requests that all
interested parties submit scope comments by 5:00 p.m. Eastern Time (ET)
on November 15, 2021, which is 20 calendar days from the signature date
of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on November 26, 2021, which
is the first business day after 10 calendar days from the initial
comment deadline.\10\
---------------------------------------------------------------------------
\8\ See Countervailing Duties, 62 FR 27323 (May 19, 1997).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ The deadline for rebuttal comments falls on November 25,
2021, which is a Federal holiday. Commerce's practice dictates that
where a deadline falls on a weekend or Federal holiday, the
appropriate deadline is the next business day (in this instance,
November 26, 2021). See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005).
---------------------------------------------------------------------------
Commerce requests that any factual information the parties consider
relevant to the scope of the investigations be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigations may
be relevant, the party may contact Commerce and request permission to
submit the additional information. All such comments must be filed on
the records of each of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOK and the GOR of the receipt of the Petitions and
provided an opportunity for consultations with respect to the
Petitions.\12\ Commerce held consultations with the GOK and the GOR on
October 14 and 21, 2021, respectively.\13\
---------------------------------------------------------------------------
\12\ See Commerce's Letter, ``Countervailing Duty Petition on
Oil Country Tubular Goods from the Republic of Korea,'' dated
October 8, 2021; and Commerce's Letter, ``Invitation for
Consultations,'' dated October 7, 2021.
\13\ See Memorandum, ``Consultations with Government of the
Republic of Korea,'' dated October 15, 2021; and Memorandum,
``Countervailing Duty Petition on Oil Country Tubular Goods from the
Russian Federation: Consultations with Officials from the Government
of the Russian Federation,'' dated October 21, 2021.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
---------------------------------------------------------------------------
\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\16\ Based on our analysis of the information
submitted on the record, we have determined that OCTG, as defined in
the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\17\
---------------------------------------------------------------------------
\16\ See Petitions at Volume I at 20-22 and Exhibits I-11, I-13,
I-14, and I-18.
\17\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Country-Specific Checklists, ``Countervailing Duty Investigation
Initiation Checklists: Oil Country Tubular Goods from the Republic
of Korea and the Russian Federation,'' dated concurrently with this
Federal Register notice and on file electronically via ACCESS
(Country-Specific CVD Initiation Checklists) at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Oil Country Tubular Goods from Argentina,
Mexico, the Republic of Korea, and the Russian Federation
(Attachment II).
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the 2020 production of OCTG for the U.S. producers that support the
Petitions.\18\ The petitioners estimated the 2020 production by non-
petitioning companies using shipment data available for the entire OCTG
industry and publicly available information on production and domestic
shipments from the ITC's 2020 report from the sunset review of OCTG
from India, Korea, Turkey, Ukraine, and the Socialist Republic of
Vietnam.\19\ The petitioners estimated the total 2020 production of the
domestic like product
[[Page 60212]]
for the entire industry by adding their production to the estimated
production of the non-petitioning producers.\20\ We relied on data
provided by the petitioners for purposes of measuring industry
support.\21\
---------------------------------------------------------------------------
\18\ See Petitions at Volume I at Exhibits I-1 and I-3; see also
First General Issues Supplement at 4 and Exhibits 4 and 8; and
Second General Issues Supplement at Exhibits 3-5.
\19\ See Petitions at Volume I at Exhibits I-1 and I-2; see also
First General Issues Supplement at 6-10 and Exhibit 1 (containing
Oil Country Tubular Goods from India, Korea, Turkey, Ukraine, and
Vietnam, Inv. No. 701-TA-499-500 and 731-TA-1215-1216, 1221-1223
(Review), USITC Pub. 5090 (July 2020) (OCTG Review)) and Exhibit 8
(containing OCTG Review at Table III-5); and Second General Issues
Supplement at Exhibit 5.
\20\ See First General Issues Supplement at 7 and Exhibit 8; see
also Second General Issues Supplement at Exhibit 5.
\21\ See Petitions at Volume I at Exhibits I-1 and I-2; see also
First General Issues Supplement at 3-10 and Exhibits 1, 4, 5, and 8;
and Second General Issues Supplement at 1-2 and Exhibits 2-5.
---------------------------------------------------------------------------
On October 8, 15, and 20, 2021, we received comments on industry
support from Tenaris Bay City, Inc.; IPSCO Tubulars Inc.; Maverick Tube
Corporation; and Tenaris Global Services (U.S.A.) Corporation
(collectively, Tenaris USA), U.S. producers of OCTG.\22\ On October 18,
2021, the petitioners responded to the comments from Tenaris USA.\23\
On October 21, 2021, the GOR raised industry support comments during
the consultations held regarding the Russia CVD Petition.\24\ On
October 21, 2021, we received comments from TMK Group (TMK), a Russian
producer and exporter of OCTG.\25\ On October 22, 2021, Tenaris USA
filed its fourth submission with Commerce and formally indicated that
it opposes the Petitions.\26\ Also on October 22, 2021, the petitioners
responded to TMK's comments.\27\
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\22\ See Tenaris USA's Letters, ``Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and Russia: Factual Errors
in Petitions,'' dated October 8, 2021; and ``Oil Country Tubular
Goods from Argentina, Mexico, the Republic of Korea, and Russia:
Comments on Petitioners' Standing,'' dated October 15, 2021; and
``Oil Country Tubular Goods from Mexico: Reply Comments on
Petitioners' Standing,'' dated October 20, 2021. In addition, on
October 21, 2021, Commerce met via video conference with counsel to
Tenaris USA to discuss its industry support comments. See
Memorandum, ``Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and the Russian
Federation,'' dated October 21, 2021.
\23\ See Petitioners' Letter, ``Oil Country Tubular Goods from
Argentina, Mexico, Russia, and the Republic of Korea: Response to
Tenaris Submission Concerning Petitioners' Standing,'' dated October
18, 2021 (Petitioners' Letter).
\24\ See Memorandum, ``Countervailing Duty Petition on Oil
Country Tubular Goods from the Russian Federation: Consultations
with Officials from the Government of the Russian Federation,''
dated October 21, 2021; see also GOR's Letter, ``Countervailing Duty
Investigation of Certain Oil Country Tubular Goods from the Russian
Federation: Consultations,'' dated October 25, 2021.
\25\ See TMK's Letter, ``Oil Country Tubular Goods from Russia:
Comments on Petitioners' Standing,'' dated October 21, 2021.
\26\ See Tenaris USA's Letter, ``Oil Country Tubular Goods from
Argentina, Mexico, the Republic of Korea, and Russia: Comments on
Petitioners' Second General Issues Questionnaire Response,'' dated
October 22, 2021. We note that, though Tenaris USA opposes the
Petitions, it has not provided any production data for Commerce to
include in the industry support calculation. See Country-Specific
CVD Initiation Checklists at Attachment II at footnote 47.
\27\ See Petitioners' Letter, ``Oil Country Tubular Goods from
Russia: Response to TMK's Comments on Petitioners' Standing,'' dated
October 22, 2021 (Petitioners' Letter II).
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Based on the information provided in the Petitions, the First
General Issues Supplement, Petitioners' Letter, the Second General
Issues Supplement, Petitioners' Letter II, and other information
readily available to Commerce, we determine that the domestic producers
and workers have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\28\ Because the
Petitions and supplemental submissions did not establish support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product, Commerce was
required to take further action in order to evaluate industry
support.\29\ In this case, Commerce was able to rely on other
information, in accordance with section 702(c)(4)(D)(i) of the Act, to
determine industry support.\30\ Based on information provided in the
Petitions, the First General Issues Supplement, Petitioners' Letter,
the Second General Issues Supplement, Petitioners' Letter II, and other
information readily available to Commerce, the domestic producers and
workers have met the statutory criteria for industry support under
section 702(c)(4)(A)(ii) of the Act because the domestic producers (or
workers) who support the Petitions account for more than 50 percent of
the production of the domestic like product produced by that portion of
the industry expressing support for, or opposition to, the
Petitions.\31\ We note that, even if all other U.S. producers of OCTG
oppose the Petitions (including Tenaris USA), the supporters of the
Petitions would still have the requisite level of industry support
pursuant to section 702(c)(4)(A)(ii) of the Act.\32\ Accordingly,
Commerce determines that the Petitions were filed on behalf of the
domestic industry within the meaning of section 702(b)(1) of the
Act.\33\
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\28\ See Country-Specific CVD Initiation Checklists at
Attachment II.
\29\ See section 702(c)(4)(D) of the Act.
\30\ See Country-Specific CVD Initiation Checklists at
Attachment II.
\31\ Id.
\32\ Id.
\33\ Id.
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Injury Test
Because Korea and Russia are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from Korea and/or
Russia materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports
threaten to cause material injury to the U.S. industry producing the
domestic like product. In addition, the petitioners allege that subject
imports exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\34\
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\34\ See Petitions at Volume I at 28 and Exhibit I-22.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price suppression; lost sales
and revenues; declines in production, U.S. shipments, and capacity
utilization; decline in employment; and adverse impact on the domestic
industry's financial performance.\35\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\36\
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\35\ Id. at 1-2, 28-48 and Exhibits I-1, I-5, I-6, I-8, I-9, I-
11, I-13, I-14, I-20, I-22 through I-34; see also First General
Issues Supplement at 10.
\36\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Oil Country Tubular Goods from Argentina, Mexico,
the Republic of Korea, and the Russian Federation.
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Initiation of CVD Investigations
Based upon our examination of the Petitions on OCTG from Korea and
Russia, including supplemental information provided by the petitioners,
we find that the Petitions meet the requirements of section 702 of the
Act. Therefore, we are initiating CVD investigations to determine
whether imports of OCTG from Korea and Russia benefit from
countervailable subsidies conferred by the GOK and the GOR,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR
[[Page 60213]]
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the publication date of
these initiations.
Korea
Based on our review of the Petition on Korean OCTG, we find that
there is sufficient information to initiate a CVD investigation on 46
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see Korea CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
Russia
Based on our review of the Petition on Russian OCTG, we find that
there is sufficient information to initiate a CVD investigation on 12
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see Russia CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
Respondent Selection
The petitioners named 287 companies in Korea and 14 companies in
Russia as producers/exporters of OCTG.\37\ Commerce intends to follow
its standard practice in CVD investigations and calculate company-
specific subsidy rates in these investigations.
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\37\ See Volume I of the Petitions at Exhibit I-19.
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In the event that Commerce determines that the number of companies
in Korea or Russia is large and it cannot individually examine each
company based upon Commerce's resources, where appropriate, Commerce
intends to select respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of OCTG from Korea and Russia
during the POI under the appropriate Harmonized Tariff Schedule of the
United States subheadings listed in the ``Scope of the
Investigations,'' in the appendix.
On October 19, 2021, Commerce released CBP data for U.S. imports of
OCTG from Korea and Russia under administrative protective order (APO)
to all parties with access to information protected by APO and
indicated that interested parties wishing to comment regarding the CBP
data and respondent selection must do so within three business days of
the publication date of the notice of initiation of these CVD
investigations.\38\ Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection. Interested parties must
submit applications for disclosure under APO in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
the Commerce's website at https://enforcement.trade.gov/apo.
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\38\ See Memoranda, ``Countervailing Duty Petition on Imports of
Oil Country Tubular Goods from the Russian Federation: Release of
U.S. Customs and Border Protection Data,'' dated October 19, 2021;
and ``Countervailing Duty Petition on Imports of Oil Country Tubular
Goods from the from the Republic of Korea: Release of U.S. Customs
and Border Protection Data,'' dated October 19, 2021.
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Comments on CBP data and respondent selection must be filed
electronically using ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the specified deadline.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOK and GOR via ACCESS. To the extent practicable,
Commerce will attempt to provide a copy of the public version of the
Petitions to each exporter named in the Petitions, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of OCTG from Korea and Russia are materially
injuring or threatening material injury to a U.S. industry.\39\ A
negative ITC determination for any country will result in the
investigation being terminated with respect to that country.\40\
Otherwise, the investigations will proceed according to statutory and
regulatory time limits.
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\39\ See section 733(a) of the Act.
\40\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Any party, when submitting factual
information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, provide an explanation identifying
the information already on the record that the factual information
seeks to rebut, clarify, or correct.\41\ Time limits for the submission
of factual information are addressed in 19 CFR 351.301, which provides
specific time limits based on the type of factual information being
submitted. Interested parties should review the regulations prior to
submitting factual information in these investigations.
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\41\ See 19 CFR 351.301(b).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301 or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, standalone submission; under limited circumstances Commerce
will grant untimely-filed requests for the extension of time limits.
Parties should review Commerce's regulations concerning the extension
of time limits prior to submitting extension requests in these
investigations.\42\
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\42\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\43\
Parties must use the certification formats provided in 19 CFR
351.303(g).\44\ Commerce intends to
[[Page 60214]]
reject factual submissions if the submitting party does not comply with
the applicable certification requirements.
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\43\ See section 782(b) of the Act.
\44\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Instructions for filing such
applications may be found on the Commerce website at https://enforcement.trade.gov/apo. Parties wishing to participate in these
investigations should ensure that they meet the requirements of 19 CFR
351.103(d) (e.g., by filing a letter of appearance). Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\45\
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\45\ See 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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This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
Dated: October 26, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by the investigations is certain oil
country tubular goods (OCTG), which are hollow steel products of
circular cross-section, including oil well casing and tubing, of
iron (other than case iron) or steel (both carbon and alloy),
whether seamless or welded, regardless of end finish (e.g., whether
or not plain end, threaded, or threaded and coupled) whether or not
conforming to American Petroleum Institute (API) or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service
OCTG products), whether or not thread protectors are attached. The
scope of the investigations also covers OCTG coupling stock.
Subject merchandise includes material matching the above
description that has been finished, packaged, or otherwise processed
in a third country, including by performing any heat treatment,
cutting, upsetting, threading, coupling, or any other finishing,
packaging, or processing that would not otherwise remove the
merchandise from the scope of the investigations if performed in the
country of manufacture of the OCTG.
Excluded from the scope of the investigations are: Casing or
tubing containing 10.5 percent or more by weight of chromium; drill
pipe; unattached couplings; and unattached thread protectors.
The merchandise subject to these investigations is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7304.29.1010, 7304.29.1020,
7304.29.1030, 7304.29.1040, 7304.29.1050, 7304.29.1060,
7304.29.1080, 7304.29.2010, 7304.29.2020, 7304.29.2030,
7304.29.2040, 7304.29.2050, 7304.29.2060, 7304.29.2080,
7304.29.3110, 7304.29.3120, 7304.29.3130, 7304.29.3140,
7304.29.3150, 7304.29.3160, 7304.29.3180, 7304.29.4110,
7304.29.4120, 7304.29.4130, 7304.29.4140, 7304.29.4150,
7304.29.4160, 7304.29.4180, 7304.29.5015, 7304.29.5030,
7304.29.5045, 7304.29.5060, 7304.29.5075, 7304.29.6115,
7304.29.6130, 7304.29.6145, 7304.29.6160, 7304.29.6175,
7305.20.2000, 7305.20.4000, 7305.20.6000, 7305.20.8000,
7306.29.1030, 7306.29.1090, 7306.29.2000, 7306.29.3100,
7306.29.4100, 7306.29.6010, 7306.29.6050, 7306.29.8110, and
7306.29.8150.
The merchandise subject to the investigations may also enter
under the following HTSUS item numbers: 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, 7304.39.0076, 7304.39.0080,
7304.59.6000, 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,
7304.59.8070, 7304.59.8080, 7305.31.4000, 7305.31.6090,
7306.30.5055, 7306.30.5090, 7306.50.5050, and 7306.50.5070.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigations is dispositive.
[FR Doc. 2021-23714 Filed 10-29-21; 8:45 am]
BILLING CODE 3510-DS-P
