Oil Country Tubular Goods From Argentina, Mexico, and the Russian Federation: Initiation of Less-Than-Fair-Value Investigations, 60205-60210 [2021-23715]
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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
final and conclusive court decision,
Commerce intends to instruct CBP to
assess antidumping duties on
unliquidated entries of subject
merchandise exported by Carbon
Activated, Datong Juqiang, Beijing
Pacific, GHC, Ningxia Mineral, and
Shanxi Sincere in accordance with 19
CFR 351.212(b). We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate is not zero or de
minimis. Where an import-specific
assessment rate is zero or de minimis,10
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
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.
[FR Doc. 2021–23858 Filed 10–28–21; 4:15 pm]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–824, A–201–856, A–821–833]
Oil Country Tubular Goods From
Argentina, Mexico, and the Russian
Federation: Initiation of Less-ThanFair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable October 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov at (202) 482–0665
and Christopher Williams at (202) 482–
5166 (Argentina); James Hepburn at
(202) 482–1882 and Preston Cox at (202)
482–5041 (Mexico); George McMahon at
(202) 482–1167 and Marc Castillo at
(202) 482–0519 (the Russian Federation
(Russia)); AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
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AGENCY:
The Petitions
On October 6, 2021, the Department
of Commerce (Commerce) received
10 See
19 CFR 351.106(c)(2).
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antidumping duty (AD) petitions
concerning imports of oil country
tubular goods (OCTG) from Argentina,
Mexico, and 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 (the
USW), 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 countervailing
duty (CVD) petitions concerning
imports of OCTG from the Republic of
Korea and Russia.2
On October 7, 8, 14, and 19, 2021,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in separate
supplemental questionnaires.3 The
petitioners filed responses to the
supplemental questionnaires on October
12, 13, 18, and 21, 2021.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of OCTG from Argentina, Mexico, and
Russia are being, or are likely to be, sold
in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the
OCTG industry in the United States.
Consistent with section 732(b)(1) of 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 Letters, ‘‘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 7, 2021; and ‘‘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; and Country-Specific
Supplemental Questionnaires: Argentina
Supplemental, Mexico Supplemental, and Russia
Supplemental, dated October 8, 2021, and Russia
Second Supplemental, dated October 14, 2021.
4 See Petitioners’ Letters, ‘‘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) and ‘‘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); see also
Petitioners’ Country-Specific Supplemental
Responses, dated October 13, 2021; and Russia
Second Supplemental Response, dated October 18,
2021.
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60205
Act, the Petitions are 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
771(9)(D) of the Act. Commerce also
finds that the petitioners demonstrated
sufficient industry support for the
initiation of the requested LTFV
investigations.5
Period of Investigation
Because the Petitions were filed on
October 6, 2021, the period of
investigation (POI) for these LTFV
investigations is October 1, 2020,
through September 30, 2021, pursuant
to 19 CFR 351.204(b)(1).6
Scope of the Investigations
The products covered by these
investigations are OCTG from
Argentina, Mexico, and Russia. For a
full description of the scope of these
investigations, see the appendix to this
notice.
Comments on the 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
(i.e., 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
determinations. If scope comments
include factual information,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on November
5 See infra, section titled ‘‘Determination of
Industry Support for the Petitions.’’
6 See 19 CFR 351.204(b)(1).
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 Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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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 ten calendar days from the initial
comment deadline.10
Commerce requests that any factual
information that parties consider
relevant to the scope of these
investigations be submitted during this
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of these
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions 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 via 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 on which it is due.
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Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of OCTG to be reported in response to
Commerce’s AD questionnaires. This
information will be used to identify the
key physical characteristics of the
subject merchandise in order to report
the relevant costs of production
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
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) (Notice of Clarification).
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 help 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.
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Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
OCTG, it may be that only a select few
product characteristics take into account
commercially meaningful physical
characteristics. In addition, interested
parties may comment on the order in
which the physical characteristics
should be used in matching products.
Generally, Commerce attempts to list
the most important physical
characteristics first and the least
important characteristics last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on November
15, 2021, which is 20 calendar days
from the signature date of this notice.
Any rebuttal comments 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.12 All comments and
submissions to Commerce must be filed
electronically using ACCESS, as
explained above, on the record of each
of the LTFV investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(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 732(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,
12 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.
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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,13 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.14
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.15 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.16
13 See
section 771(10) of the Act.
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)).
15 See Petitions at Volume I at 20–22 and Exhibits
I–11, I–13, I–14, and I–18.
16 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Country-Specific
Checklists, ‘‘Antidumping Duty Investigation
Initiation Checklists: Oil Country Tubular Goods
from Argentina, Mexico, and the Russian
Federation,’’ dated concurrently with this Federal
Register notice and on file electronically via
14 See
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In determining whether the
petitioners have standing under section
732(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.17 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.18 The
petitioners estimated the total 2020
production of the domestic like product
for the entire industry by adding their
production to the estimated production
of the non-petitioning producers.19 We
relied on data provided by the
petitioners for purposes of measuring
industry support.20
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.21 On October 18,
2021, the petitioners responded to the
comments from Tenaris USA.22 On
October 21, 2021, the Government of
Russia (GOR) raised industry support
comments during the consultations held
regarding the Russia CVD Petition.23 On
October 21, 2021, we received
comments from TMK Group (TMK), a
Russian producer and exporter of
OCTG.24 On October 22, 2021, Tenaris
USA filed its fourth submission with
Commerce and formally indicated that it
opposes the Petitions.25 Also on October
22, 2021, the petitioners responded to
TMK’s comments.26
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 732(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.27 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
ACCESS (Country-Specific AD 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).
17 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.
18 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.
19 See First General Issues Supplement at 7 and
Exhibit 8; see also Second General Issues
Supplement at Exhibit 5.
20 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.
21 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; ‘‘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.
22 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).
23 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 Letter, ‘‘Re:
Countervailing Duty Investigation of Certain Oil
Country Tubular Goods from the Russian
Federation: Consultations,’’ dated October 25, 2021.
24 See TMK’s Letter, ‘‘Oil Country Tubular Goods
from Russia: Comments on Petitioners’ Standing,’’
dated October 21, 2021.
25 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 AD Initiation Checklists at
Attachment II at footnote 47.
26 See Petitioners’ Letter, ‘‘Oil Country Tubular
Goods from Russia: Response to TMK’s Comments
on Petitioners’ Standing,’’ dated October 22, 2021
(Petitioners’ Letter II).
27 See Country-Specific AD Initiation Checklists
at Attachment II.
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support.28 In this case, Commerce was
able to rely on other information, in
accordance with section 732(c)(4)(D)(i)
of the Act, to determine industry
support.29 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
732(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.30 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
732(c)(4)(A)(ii) of the Act.31
Accordingly, Commerce determines that
the Petitions were filed on behalf of the
domestic industry within the meaning
of section 732(b)(1) of the Act.32
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioners allege that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.33
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.34 We assessed
the allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
28 See
section 732(c)(4)(D) of the Act.
Country-Specific AD Initiation Checklists
at Attachment II.
30 Id.
31 Id.
32 Id.
33 See Petitions at Volume I at 28 and Exhibit I–
22.
34 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.
29 See
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negligibility, and we have determined
that these allegations are properly
supported by adequate evidence and
meet the statutory requirements for
initiation.35
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
these LTFV investigations of imports of
OCTG from Argentina, Mexico, and
Russia. The sources of data for the
deductions and adjustments relating to
U.S. price and normal value (NV) are
discussed in greater detail in the
country-specific AD Initiation
Checklists.
U.S. Price
For Argentina, Mexico, and Russia,
the petitioners established export prices
(EPs) on the average unit value (AUVs)
of publicly available import data. For
Argentina and Mexico, the petitioners
conservatively made no adjustments to
the AUVs for foreign inland freight and
foreign brokerage and handling
expenses incurred in subject foreign
countries for purposes of calculating net
EPs. For Russia, the petitioners
deducted expenses associated with
inland freight and brokerage and
handling costs incurred in Russia to
calculate an ex-factory, or net, EP.36
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Normal Value Based on Constructed
Value 37
For Argentina, Mexico, and Russia,
the petitioners stated they were unable
to obtain home-market or third-country
prices for OCTG to use as a basis for NV.
Therefore, for Argentina, Mexico, and
Russia, the petitioners calculated NV
based on constructed value (CV).38
Pursuant to section 773(e) of the Act,
the petitioners calculated CV as the sum
of the cost of manufacturing, selling,
general, and administrative expenses,
financial expenses, and profit.39 For
Argentina, Mexico, and Russia, in
calculating the cost of manufacturing,
the petitioners relied on the production
experience and input consumption rates
35 See Country-Specific AD 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.
36 See Country-Specific AD Initiation Checklists.
37 In accordance with section 773(b)(2) of the Act,
for these investigations, Commerce will request
information necessary to calculate the CV and cost
of production (COP) to determine whether there are
reasonable grounds to believe or suspect that sales
of the foreign like product have been made at prices
that represent less than the COP of the product.
38 See Country-Specific AD Initiation Checklists.
39 See Country-Specific AD Initiation Checklists.
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of a U.S. OCTG producer, valued using
publicly available information
applicable to each respective subject
country.40 For Argentina, Mexico, and
Russia, in calculating selling, general,
and administrative expenses, financial
expenses, and profit ratios (where
applicable), the petitioners relied on the
2020 financial statements of an OCTG
producer(s) domiciled in each
respective subject country.41
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of OCTG from Argentina,
Mexico, and Russia are being, or are
likely to be, sold in the United States at
LTFV. Based on comparisons of EP to
CV in accordance with section 773 of
the Act, the estimated dumping margins
for OCTG concerning each of the
countries covered by this initiation are
as follows: (1) Argentina—168.49
percent; (2) Mexico—59.75 percent; and
(3) Russia—136.96 percent.42
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating these LTFV investigations
to determine whether imports of OCTG
from Argentina, Mexico, and Russia are
being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determinations no later than 140 days
after the date of this initiation.
Respondent Selection
In the Petitions, the petitioners
identified 18 companies in Argentina,
78 companies in Mexico, and 14
companies in Russia, as producers
and/or exporters of OCTG.43
Following standard practice in LTFV
investigations involving market
economy countries, in the event that
Commerce determines that the number
of exporters or producers in any
individual case is large such that
Commerce cannot individually examine
each company based upon its resources,
where appropriate, Commerce intends
to select mandatory respondents in that
case based on U.S. Customs and Border
Protection (CBP) data for U.S. imports
under the appropriate Harmonized
Tariff Schedule of the United States
40 Id.
41 Id
42 Id.
43 See
PO 00000
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Frm 00011
Fmt 4703
Sfmt 4703
subheadings listed in the ‘‘Scope of the
Investigations,’’ in the appendix.
On October 19, 2021, Commerce
released CBP data on imports of OCTG
from Argentina, Mexico, 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 on the CBP data must do so
within three business days after the
publication date of the notice of
initiation of these investigations.44
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 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 via
ACCESS by 5:00 p.m. ET on the
specified deadline.
Distribution of Copies of the AD
Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the AD Petitions have been provided
to the governments of Argentina,
Mexico, and Russia via ACCESS. To the
extent practicable, we will attempt to
provide a copy of the public version of
the AD Petitions to each exporter named
in the AD Petitions, as provided under
19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the AD Petitions were filed, whether
there is a reasonable indication that
imports of OCTG from Argentina,
Mexico, and/or Russia are materially
injuring, or threatening material injury
to, a U.S. industry.45 A negative ITC
determination for any country will
44 See Memoranda, ‘‘Antidumping Duty Petition
on Imports of Oil Country Tubular Goods from
Argentina: Release of U.S. Customs and Border
Protection Data,’’; ‘‘Antidumping Duty Petition on
Imports of Oil Country Tubular Goods from Mexico:
Release of U.S. Customs and Border Protection
Data,’’; and ‘‘Antidumping Duty Petition on Imports
of Oil Country Tubular Goods from Russia: Release
of U.S. Customs and Border Protection Data,’’ dated
October 19, 2021.
45 See section 733(a) of the Act.
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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
result in the investigation being
terminated with respect to that
country.46 Otherwise, these LTFV
investigations will proceed according to
statutory and regulatory time limits.
lotter on DSK11XQN23PROD with NOTICES1
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). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 47 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.48 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.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
46 Id.
47 See
19 CFR 351.301(b).
48 See 19 CFR 351.301(b)(2).
VerDate Sep<11>2014
18:03 Oct 29, 2021
Jkt 256001
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
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
Commerce. 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, we 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, we 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, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review
Commerce’s regulations concerning
factual information prior to submitting
factual information in these
investigations.49
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.50
Parties must use the certification
formats provided in 19 CFR
351.303(g).51 Commerce intends to
reject factual submissions if the
submitting party does not comply with
49 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.
50 See section 782(b) of the Act.
51 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
60209
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by the filing a letter of
appearance as discussed). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.52
This notice is issued and published
pursuant to sections 732(c)(2) 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,
52 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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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:
lotter on DSK11XQN23PROD with NOTICES1
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
VerDate Sep<11>2014
18:03 Oct 29, 2021
Jkt 256001
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).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
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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]]>Agencies
[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60205-60210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23715]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-824, A-201-856, A-821-833]
Oil Country Tubular Goods From Argentina, Mexico, and the Russian
Federation: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 26, 2021.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov at (202) 482-0665
and Christopher Williams at (202) 482-5166 (Argentina); James Hepburn
at (202) 482-1882 and Preston Cox at (202) 482-5041 (Mexico); George
McMahon at (202) 482-1167 and Marc Castillo at (202) 482-0519 (the
Russian Federation (Russia)); AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 6, 2021, the Department of Commerce (Commerce) received
antidumping duty (AD) petitions concerning imports of oil country
tubular goods (OCTG) from Argentina, Mexico, and 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 (the USW), 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 countervailing duty (CVD)
petitions concerning imports of OCTG from the Republic of Korea 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 7, 8, 14, and 19, 2021, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\3\ The petitioners filed responses to the
supplemental questionnaires on October 12, 13, 18, and 21, 2021.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``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 7, 2021;
and ``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; and Country-
Specific Supplemental Questionnaires: Argentina Supplemental, Mexico
Supplemental, and Russia Supplemental, dated October 8, 2021, and
Russia Second Supplemental, dated October 14, 2021.
\4\ See Petitioners' Letters, ``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) and ``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); see also Petitioners' Country-
Specific Supplemental Responses, dated October 13, 2021; and Russia
Second Supplemental Response, dated October 18, 2021.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of OCTG from
Argentina, Mexico, and Russia are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the OCTG
industry in the United States. Consistent with section 732(b)(1) of the
Act, the Petitions are 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 771(9)(D) of the Act.
Commerce also finds that the petitioners demonstrated sufficient
industry support for the initiation of the requested LTFV
investigations.\5\
---------------------------------------------------------------------------
\5\ See infra, section titled ``Determination of Industry
Support for the Petitions.''
---------------------------------------------------------------------------
Period of Investigation
Because the Petitions were filed on October 6, 2021, the period of
investigation (POI) for these LTFV investigations is October 1, 2020,
through September 30, 2021, pursuant to 19 CFR 351.204(b)(1).\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of the Investigations
The products covered by these investigations are OCTG from
Argentina, Mexico, and Russia. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the 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 (i.e., 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
determinations. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on November
[[Page 60206]]
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 ten calendar days from the initial comment
deadline.\10\
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\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) (Notice of Clarification).
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of these
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions 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 via
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 on which 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 help 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.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of OCTG to be reported in
response to Commerce's AD questionnaires. This information will be used
to identify the key physical characteristics of the subject merchandise
in order to report the relevant costs of production accurately, as well
as to develop appropriate product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe OCTG, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on November 15,
2021, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments 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.\12\ All comments and submissions to Commerce
must be filed electronically using ACCESS, as explained above, on the
record of each of the LTFV investigations.
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\12\ 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.
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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,\13\ 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.\14\
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\13\ See section 771(10) of the Act.
\14\ 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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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.\15\ 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.\16\
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\15\ See Petitions at Volume I at 20-22 and Exhibits I-11, I-13,
I-14, and I-18.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Country-Specific Checklists, ``Antidumping Duty Investigation
Initiation Checklists: Oil Country Tubular Goods from Argentina,
Mexico, and the Russian Federation,'' dated concurrently with this
Federal Register notice and on file electronically via ACCESS
(Country-Specific AD 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).
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[[Page 60207]]
In determining whether the petitioners have standing under section
732(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.\17\ 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.\18\ The petitioners estimated the total 2020 production of the
domestic like product for the entire industry by adding their
production to the estimated production of the non-petitioning
producers.\19\ We relied on data provided by the petitioners for
purposes of measuring industry support.\20\
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\17\ 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.
\18\ 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.
\19\ See First General Issues Supplement at 7 and Exhibit 8; see
also Second General Issues Supplement at Exhibit 5.
\20\ 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.
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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.\21\ On October 18,
2021, the petitioners responded to the comments from Tenaris USA.\22\
On October 21, 2021, the Government of Russia (GOR) raised industry
support comments during the consultations held regarding the Russia CVD
Petition.\23\ On October 21, 2021, we received comments from TMK Group
(TMK), a Russian producer and exporter of OCTG.\24\ On October 22,
2021, Tenaris USA filed its fourth submission with Commerce and
formally indicated that it opposes the Petitions.\25\ Also on October
22, 2021, the petitioners responded to TMK's comments.\26\
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\21\ 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; ``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.
\22\ 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).
\23\ 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 Letter, ``Re: Countervailing
Duty Investigation of Certain Oil Country Tubular Goods from the
Russian Federation: Consultations,'' dated October 25, 2021.
\24\ See TMK's Letter, ``Oil Country Tubular Goods from Russia:
Comments on Petitioners' Standing,'' dated October 21, 2021.
\25\ 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 AD
Initiation Checklists at Attachment II at footnote 47.
\26\ 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 732(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.\27\ 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.\28\ In this case, Commerce was able to rely on other
information, in accordance with section 732(c)(4)(D)(i) of the Act, to
determine industry support.\29\ 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 732(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.\30\ 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 732(c)(4)(A)(ii) of the Act.\31\ Accordingly,
Commerce determines that the Petitions were filed on behalf of the
domestic industry within the meaning of section 732(b)(1) of the
Act.\32\
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\27\ See Country-Specific AD Initiation Checklists at Attachment
II.
\28\ See section 732(c)(4)(D) of the Act.
\29\ See Country-Specific AD Initiation Checklists at Attachment
II.
\30\ Id.
\31\ Id.
\32\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\33\
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\33\ 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.\34\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as
[[Page 60208]]
negligibility, and we have determined that these allegations are
properly supported by adequate evidence and meet the statutory
requirements for initiation.\35\
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\34\ 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.
\35\ See Country-Specific AD 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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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate these LTFV
investigations of imports of OCTG from Argentina, Mexico, and Russia.
The sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
country-specific AD Initiation Checklists.
U.S. Price
For Argentina, Mexico, and Russia, the petitioners established
export prices (EPs) on the average unit value (AUVs) of publicly
available import data. For Argentina and Mexico, the petitioners
conservatively made no adjustments to the AUVs for foreign inland
freight and foreign brokerage and handling expenses incurred in subject
foreign countries for purposes of calculating net EPs. For Russia, the
petitioners deducted expenses associated with inland freight and
brokerage and handling costs incurred in Russia to calculate an ex-
factory, or net, EP.\36\
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\36\ See Country-Specific AD Initiation Checklists.
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Normal Value Based on Constructed Value 37
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\37\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the CV and cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
---------------------------------------------------------------------------
For Argentina, Mexico, and Russia, the petitioners stated they were
unable to obtain home-market or third-country prices for OCTG to use as
a basis for NV. Therefore, for Argentina, Mexico, and Russia, the
petitioners calculated NV based on constructed value (CV).\38\
---------------------------------------------------------------------------
\38\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Pursuant to section 773(e) of the Act, the petitioners calculated
CV as the sum of the cost of manufacturing, selling, general, and
administrative expenses, financial expenses, and profit.\39\ For
Argentina, Mexico, and Russia, in calculating the cost of
manufacturing, the petitioners relied on the production experience and
input consumption rates of a U.S. OCTG producer, valued using publicly
available information applicable to each respective subject
country.\40\ For Argentina, Mexico, and Russia, in calculating selling,
general, and administrative expenses, financial expenses, and profit
ratios (where applicable), the petitioners relied on the 2020 financial
statements of an OCTG producer(s) domiciled in each respective subject
country.\41\
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\39\ See Country-Specific AD Initiation Checklists.
\40\ Id.
\41\ Id
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of OCTG from Argentina, Mexico, and Russia are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to CV in accordance with section 773 of the Act, the
estimated dumping margins for OCTG concerning each of the countries
covered by this initiation are as follows: (1) Argentina--168.49
percent; (2) Mexico--59.75 percent; and (3) Russia--136.96 percent.\42\
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\42\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating these LTFV investigations to
determine whether imports of OCTG from Argentina, Mexico, and Russia
are being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioners identified 18 companies in
Argentina, 78 companies in Mexico, and 14 companies in Russia, as
producers and/or exporters of OCTG.\43\
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\43\ See Volume I of the Petitions at Exhibit I-19.
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Following standard practice in LTFV investigations involving market
economy countries, in the event that Commerce determines that the
number of exporters or producers in any individual case is large such
that Commerce cannot individually examine each company based upon its
resources, where appropriate, Commerce intends to select mandatory
respondents in that case based on U.S. Customs and Border Protection
(CBP) data for U.S. imports 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 on imports of OCTG
from Argentina, Mexico, 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 on the CBP
data must do so within three business days after the publication date
of the notice of initiation of these investigations.\44\ Commerce will
not accept rebuttal comments regarding the CBP data or respondent
selection.
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\44\ See Memoranda, ``Antidumping Duty Petition on Imports of
Oil Country Tubular Goods from Argentina: Release of U.S. Customs
and Border Protection Data,''; ``Antidumping Duty Petition on
Imports of Oil Country Tubular Goods from Mexico: Release of U.S.
Customs and Border Protection Data,''; and ``Antidumping Duty
Petition on Imports of Oil Country Tubular Goods from Russia:
Release of U.S. Customs and Border Protection Data,'' dated October
19, 2021.
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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 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 via ACCESS by 5:00 p.m. ET on the
specified deadline.
Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of Argentina, Mexico, and Russia via
ACCESS. To the extent practicable, we will attempt to provide a copy of
the public version of the AD Petitions to each exporter named in the AD
Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of OCTG from Argentina, Mexico, and/or Russia
are materially injuring, or threatening material injury to, a U.S.
industry.\45\ A negative ITC determination for any country will
[[Page 60209]]
result in the investigation being terminated with respect to that
country.\46\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\45\ See section 733(a) of the Act.
\46\ 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). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \47\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\48\ 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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\47\ See 19 CFR 351.301(b).
\48\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
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 Commerce. 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, we 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, we 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, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Commerce's regulations concerning factual information
prior to submitting factual information in these investigations.\49\
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\49\ 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.\50\
Parties must use the certification formats provided in 19 CFR
351.303(g).\51\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\50\ See section 782(b) of the Act.
\51\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are 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. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by the filing a letter of appearance as
discussed). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\52\
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\52\ 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 732(c)(2)
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,
[[Page 60210]]
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
