Oil Country Tubular Goods From the People's Republic of China: Final Affirmative Determinations of Circumvention, 67443-67444 [2021-25832]

Download as PDF Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices 106. RDR Exports 107. R F Exports 108. RF Exports Private Limited 109. R V R Marine Products Limited 110. Raju Exports 111. Raunaq Ice & Cold Storage 112. Royal Imports and Exports 113. Rupsha Fish Private Limited 114. S Chanchala Combines Private Limited 115. Sagar Samrat Seafoods 116. Sahada Exports 117. Salet Seafoods Private Limited 118. Samaki Exports Private Limited 119. Sasoondock Matsyodyog Sahakari Society Ltd. 120. Seagold Overseas Pvt. Ltd. 121. Shimpo Exports Private Limited 122. Shimpo Seafoods Private Limited 123. Shiva Frozen Food Exp. Pvt. Ltd. 124. Shroff Processed Food & Cold Storage P Ltd. 125. Silver Seafood 126. Sita Marine Exports 127. Sonia Fisheries Private Limited 128. Sri Sakkthi Cold Storage 129. SSF Ltd. 130. Star Agro Marine Exports Private Limited 131. Star Organic Foods Private Limited 132. Stellar Marine Foods Private Limited 133. Sterling Foods 134. Sun Agro Exim 135. Supran Exim Private Limited 136. Suvarna Rekha Exports Private Limited 137. Suvarna Rekha Marines P Ltd. 138. TBR Exports Pvt Ltd. 139. Teekay Marine P. Ltd. 140. The Waterbase Limited 141. Triveni Fisheries P Ltd. 142. U & Company Marine Exports 143. Ulka Sea Foods Private Limited 144. Uniroyal Marine Exports Ltd. 145. Unitriveni Overseas 146. Vasai Frozen Food Co. 147. Veronica Marine Exports Private Limited 148. Victoria Marine & Agro Exports Ltd. 149. Vinner Marine 150. Vitality Aquaculture Pvt. Ltd. 151. VRC Marine Foods LLP 152. Zeal Aqua Limited [FR Doc. 2021–25771 Filed 11–24–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [A–570–943, C–570–944] Oil Country Tubular Goods From the People’s Republic of China: Final Affirmative Determinations of Circumvention Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of welded oil country tubular goods (OCTG) completed in Brunei or the Philippines using inputs manufactured in the People’s Republic of China jspears on DSK121TN23PROD with NOTICES1 VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 SUPPLEMENTARY INFORMATION: Background On August 10, 2021, Commerce published the preliminary affirmative determinations of circumvention of the antidumping and countervailing duty orders on welded OCTG from China.1 In the Preliminary Determinations, Commerce extended the deadline for the final determinations of these circumvention inquiries to October 28, 2021.2 On October 18, 2021, Commerce extended the deadline for the final determinations of these circumvention inquiries to November 19, 2021.3 We received case and rebuttal briefs with respect to the Preliminary Determinations. We conducted these circumvention inquiries in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h). Scope of the Orders The products covered by the orders are certain OCTG, which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish. A full description of the scope of the orders is contained in the Issues and Decision Memorandum.4 The written description is dispositive. Scope of the Circumvention Inquiries These circumvention inquiries cover welded OCTG completed in Brunei or International Trade Administration AGENCY: (China) are circumventing the antidumping and countervailing duty orders on OCTG from China. DATES: Applicable November 26, 2021. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or John Drury, AD/CVD Operations Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5760 and (202) 482–0195, respectively. 1 See Oil Country Tubular Goods from the People’s Republic of China: Preliminary Affirmative Determinations of Circumvention, 86 FR 43627 (August 10, 2021) (Preliminary Determinations). 2 Id. at 43629. 3 See Memorandum, ‘‘Oil Country Tubular Goods from the People’s Republic of China: Extension of Deadline for Final Determinations of the AntiCircumvention Inquiries of the Antidumping and Countervailing Duty Orders,’’ dated October 18, 2021. 4 See Memorandum, ‘‘Oil Country Tubular Goods from the People’s Republic of China: Issues and Decision Memorandum for Final Affirmative Determinations of Circumvention,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum) at 2–3. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 67443 the Philippines using inputs manufactured in China and subsequently exported from Brunei or the Philippines to the United States.5 Methodology Commerce is conducting these circumvention inquiries in accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a full description of the methodology underlying Commerce’s final determinations, see the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in these inquiries are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as an appendix. Based on our analysis of the comments received, we made a change to the Preliminary Determinations. Final Affirmative Determinations As detailed in the Issues and Decision Memorandum, we determine that welded OCTG assembled or completed in Brunei or the Philippines using inputs manufactured in China and subsequently exported from Brunei or the Philippines to the United States are circumventing the antidumping and countervailing duty orders on OCTG from China. Therefore, we determine that it is appropriate to include this merchandise within the scope of the antidumping and countervailing duty orders of OCTG from China and to instruct U.S. Customs and Border Protection (CBP) to continue to suspend any entries of merchandise produced using Chinese inputs in Brunei or the Philippines and exported to the United States. Continued Suspension of Liquidation In accordance with 19 CFR 351.225(l)(3), based on these final determinations in these circumvention inquiries, Commerce will direct CBP to continue to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of 5 See E:\FR\FM\26NON1.SGM Preliminary Determinations, 86 FR 43628. 26NON1 67444 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 welded OCTG completed in Brunei or the Philippines using inputs manufactured in China, subsequently exported from Brunei or the Philippines to the United States, and entered, or withdrawn from warehouse, for consumption on or after November 12, 2020, the date of publication of the notice of initiation of these circumvention inquiries.6 The suspension of liquidation will remain in effect until further notice. As we explained in the Preliminary Determinations,7 Commerce will instruct CBP to require antidumping duty cash deposits equal to the rate established for the China-wide entity, i.e., 99.14 percent,8 and countervailing duty cash deposits equal to the current all-others rate, i.e., 27.08 percent.9 Welded OCTG assembled or completed in Brunei or the Philippines using non-Chinese inputs is not subject to these circumvention inquiries. However, because the mandatory respondents are unable to track welded OCTG to the country of origin of inputs used in the production of welded OCTG,10 Commerce did not implement a certification process at the preliminary stage and required cash deposits on all entries of welded OCTG produced in Brunei or the Philippines.11 We invited parties to comment on this issue in their case briefs and we received comments from the mandatory respondents on this issue. For the final determinations, we will not implement a certification process for welded OCTG already suspended,12 and we will require cash deposits on all entries of welded OCTG produced in either Brunei or the Philippines, with a slight modification from the Preliminary Determinations.13 However, producers and/or exporters in Brunei or the Philippines may request reconsideration of our denial of the 6 See Issues and Decision Memorandum at Comment 5; see also Oil Country Tubular Goods from the People’s Republic of China: Self-Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 85 FR 71877 (November 12, 2020). 7 See Preliminary Determinations, 86 FR 43628. 8 See Oil Country Tubular Goods from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2017– 2018, 84 FR 32125, 32126 (July 5, 2019). 9 See Oil Country Tubular Goods from the People’s Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty Investigation, 82 FR 25770 (June 5, 2017). 10 See, e.g., HLDS (B) Steel Sdn. Bhd.’s Letter, ‘‘HLDSB Initial Questionnaire Response,’’ dated March 16, 2021 at 25; and HLD Clark Steel Pipe Co., Inc.’s Letter, ‘‘HLD Clark Initial Questionnaire Response,’’ dated March 16, 2021 at 26. 11 See Preliminary Determinations, 86 FR 43628. 12 See Issues and Decision Memorandum at Comment 4. 13 Id. at Comment 5. VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 certification process in a future segment of the proceeding, i.e., a changed circumstances review or administrative review.14 Administrative Protective Order This notice will serve as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction or APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties These final affirmative determinations of circumvention are issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: November 19, 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 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Scope of the Circumvention Inquiries V. The Period of Inquiries VI. Discussion of the Issues Comment 1: Production of Hot-Rolled Steel vs. Production of OCTG Comment 2: Production Processes Comment 3: Appropriateness of Finding Circumvention Comment 4: Certification Eligibility Comment 5: Effective Date of Suspension of Liquidation VII. Recommendation [FR Doc. 2021–25832 Filed 11–24–21; 8:45 am] BILLING CODE 3510–DS–P 14 See, e.g., Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Determination of Anti-Circumvention Inquiry, 85 FR 9737, 9739 (February 20, 2020) (‘‘However, Protech may request reconsideration of our denial of the certification process in a future segment of the proceeding, i.e., a changed circumstances review or administrative review.’’); see also Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, 85 FR 86905 (December 31, 2020) (‘‘. . . Protech is eligible to participate in a certification process because Protech has demonstrated that it can identify diamond sawblades that it produced in Canada using non-Chinese cores and Chinese segments.’’). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–201–842] Large Residential Washers From Mexico: Final Results of Antidumping Duty Administrative Review; 2019– 2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that sales of large residential washers from Mexico were made at less than normal value during the period of review (POR) February 1, 2019, through January 31, 2020. DATES: Applicable November 24, 2021 November 26, 2021. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3874. SUPPLEMENTARY INFORMATION: AGENCY: Background This review covers one producer/ exporter of the subject merchandise, Electrolux Home Products Corp. N.V. and Electrolux Home Products de Mexico, S.A. de C.V. (collectively, Electrolux). On June 28, 2021, Commerce published the Preliminary Results.1 On July 28, 2021, we received a case brief on behalf of Electrolux.2 On August 4, 2021, we received a rebuttal brief on behalf of Whirlpool Corporation (the petitioner).3 Scope of the Order The products covered by the order are all large residential washers and certain subassemblies thereof from Mexico. The products are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff System of the United States (HTSUS). Products subject to this order may also enter under HTSUS subheadings 8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the 1 See Preliminary Results of the Antidumping Duty Administrative Review; 2019–2020, 86 FR 33986 (June 28, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Electrolux’s Letter, ‘‘Case Brief of Electrolux,’’ dated August 4, 2021. 3 See Petitioner’s Letter, ‘‘Brief of Whirlpool Corporation,’’ dated August 4, 2021. E:\FR\FM\26NON1.SGM 26NON1

Agencies

[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67443-67444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25832]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


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

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

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

DATES: Applicable November 26, 2021.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or John Drury, AD/CVD 
Operations Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5760 and (202) 482-0195, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2021, Commerce published the preliminary affirmative 
determinations of circumvention of the antidumping and countervailing 
duty orders on welded OCTG from China.\1\ In the Preliminary 
Determinations, Commerce extended the deadline for the final 
determinations of these circumvention inquiries to October 28, 2021.\2\ 
On October 18, 2021, Commerce extended the deadline for the final 
determinations of these circumvention inquiries to November 19, 
2021.\3\
---------------------------------------------------------------------------

    \1\ See Oil Country Tubular Goods from the People's Republic of 
China: Preliminary Affirmative Determinations of Circumvention, 86 
FR 43627 (August 10, 2021) (Preliminary Determinations).
    \2\ Id. at 43629.
    \3\ See Memorandum, ``Oil Country Tubular Goods from the 
People's Republic of China: Extension of Deadline for Final 
Determinations of the Anti-Circumvention Inquiries of the 
Antidumping and Countervailing Duty Orders,'' dated October 18, 
2021.
---------------------------------------------------------------------------

    We received case and rebuttal briefs with respect to the 
Preliminary Determinations. We conducted these circumvention inquiries 
in accordance with section 781(b) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.225(h).

Scope of the Orders

    The products covered by the orders are certain OCTG, which are 
hollow steel products of circular cross-section, including oil well 
casing and tubing, of iron (other than cast iron) or steel (both carbon 
and alloy), whether seamless or welded, regardless of end finish. A 
full description of the scope of the orders is contained in the Issues 
and Decision Memorandum.\4\ The written description is dispositive.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Oil Country Tubular Goods from the 
People's Republic of China: Issues and Decision Memorandum for Final 
Affirmative Determinations of Circumvention,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum) at 2-3.
---------------------------------------------------------------------------

Scope of the Circumvention Inquiries

    These circumvention inquiries cover welded OCTG completed in Brunei 
or the Philippines using inputs manufactured in China and subsequently 
exported from Brunei or the Philippines to the United States.\5\
---------------------------------------------------------------------------

    \5\ See Preliminary Determinations, 86 FR 43628.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting these circumvention inquiries in accordance 
with section 781(b) of the Act and 19 CFR 351.225(h). For a full 
description of the methodology underlying Commerce's final 
determinations, see the Issues and Decision Memorandum. The Issues and 
Decision Memorandum is a public document and on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these inquiries are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice as an appendix. 
Based on our analysis of the comments received, we made a change to the 
Preliminary Determinations.

Final Affirmative Determinations

    As detailed in the Issues and Decision Memorandum, we determine 
that welded OCTG assembled or completed in Brunei or the Philippines 
using inputs manufactured in China and subsequently exported from 
Brunei or the Philippines to the United States are circumventing the 
antidumping and countervailing duty orders on OCTG from China. 
Therefore, we determine that it is appropriate to include this 
merchandise within the scope of the antidumping and countervailing duty 
orders of OCTG from China and to instruct U.S. Customs and Border 
Protection (CBP) to continue to suspend any entries of merchandise 
produced using Chinese inputs in Brunei or the Philippines and exported 
to the United States.

Continued Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(3), based on these final 
determinations in these circumvention inquiries, Commerce will direct 
CBP to continue to suspend liquidation and to require a cash deposit of 
estimated duties on unliquidated entries of

[[Page 67444]]

welded OCTG completed in Brunei or the Philippines using inputs 
manufactured in China, subsequently exported from Brunei or the 
Philippines to the United States, and entered, or withdrawn from 
warehouse, for consumption on or after November 12, 2020, the date of 
publication of the notice of initiation of these circumvention 
inquiries.\6\ The suspension of liquidation will remain in effect until 
further notice. As we explained in the Preliminary Determinations,\7\ 
Commerce will instruct CBP to require antidumping duty cash deposits 
equal to the rate established for the China-wide entity, i.e., 99.14 
percent,\8\ and countervailing duty cash deposits equal to the current 
all-others rate, i.e., 27.08 percent.\9\
---------------------------------------------------------------------------

    \6\ See Issues and Decision Memorandum at Comment 5; see also 
Oil Country Tubular Goods from the People's Republic of China: Self-
Initiation of Anti-Circumvention Inquiries on the Antidumping Duty 
and Countervailing Duty Orders, 85 FR 71877 (November 12, 2020).
    \7\ See Preliminary Determinations, 86 FR 43628.
    \8\ See Oil Country Tubular Goods from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 84 FR 32125, 32126 (July 5, 2019).
    \9\ See Oil Country Tubular Goods from the People's Republic of 
China: Notice of Court Decision Not in Harmony With the Amended 
Final Determination of the Countervailing Duty Investigation, 82 FR 
25770 (June 5, 2017).
---------------------------------------------------------------------------

    Welded OCTG assembled or completed in Brunei or the Philippines 
using non-Chinese inputs is not subject to these circumvention 
inquiries. However, because the mandatory respondents are unable to 
track welded OCTG to the country of origin of inputs used in the 
production of welded OCTG,\10\ Commerce did not implement a 
certification process at the preliminary stage and required cash 
deposits on all entries of welded OCTG produced in Brunei or the 
Philippines.\11\ We invited parties to comment on this issue in their 
case briefs and we received comments from the mandatory respondents on 
this issue. For the final determinations, we will not implement a 
certification process for welded OCTG already suspended,\12\ and we 
will require cash deposits on all entries of welded OCTG produced in 
either Brunei or the Philippines, with a slight modification from the 
Preliminary Determinations.\13\ However, producers and/or exporters in 
Brunei or the Philippines may request reconsideration of our denial of 
the certification process in a future segment of the proceeding, i.e., 
a changed circumstances review or administrative review.\14\
---------------------------------------------------------------------------

    \10\ See, e.g., HLDS (B) Steel Sdn. Bhd.'s Letter, ``HLDSB 
Initial Questionnaire Response,'' dated March 16, 2021 at 25; and 
HLD Clark Steel Pipe Co., Inc.'s Letter, ``HLD Clark Initial 
Questionnaire Response,'' dated March 16, 2021 at 26.
    \11\ See Preliminary Determinations, 86 FR 43628.
    \12\ See Issues and Decision Memorandum at Comment 4.
    \13\ Id. at Comment 5.
    \14\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Determination of Anti-
Circumvention Inquiry, 85 FR 9737, 9739 (February 20, 2020) 
(``However, Protech may request reconsideration of our denial of the 
certification process in a future segment of the proceeding, i.e., a 
changed circumstances review or administrative review.''); see also 
Diamond Sawblades and Parts Thereof from the People's Republic of 
China: Final Results of Antidumping Duty Changed Circumstances 
Review, 85 FR 86905 (December 31, 2020) (``. . . Protech is eligible 
to participate in a certification process because Protech has 
demonstrated that it can identify diamond sawblades that it produced 
in Canada using non-Chinese cores and Chinese segments.'').
---------------------------------------------------------------------------

Administrative Protective Order

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction or APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

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

    Dated: November 19, 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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Circumvention Inquiries
V. The Period of Inquiries
VI. Discussion of the Issues
    Comment 1: Production of Hot-Rolled Steel vs. Production of OCTG
    Comment 2: Production Processes
    Comment 3: Appropriateness of Finding Circumvention
    Comment 4: Certification Eligibility
    Comment 5: Effective Date of Suspension of Liquidation
VII. Recommendation
[FR Doc. 2021-25832 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-DS-P