Oil Country Tubular Goods From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 14249-14252 [2022-05333]
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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
through alternative means in lieu of an
on-site verification.
jspears on DSK121TN23PROD with NOTICES1
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. A timeline for the
submission of case briefs and written
comments will be notified to interested
parties at a later date. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs after the deadline date for case
briefs.10 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.11
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
VerDate Sep<11>2014
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location of the hearing two days before
the scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine 75 days after the final
determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: March 7, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is certain OCTG, which are
hollow steel products of circular crosssection, 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 this investigation 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 investigation if performed in the country
of manufacture of the OCTG.
Excluded from the scope of the
investigation are: Casing, tubing, or coupling
stock containing 10.5 percent or more by
weight of chromium; drill pipe; unattached
couplings; and unattached thread protectors.
The merchandise subject to this
investigation is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under item numbers:
7304.29.1010, 7304.29.1020, 7304.29.1030,
7304.29.1040, 7304.29.1050, 7304.29.1060,
7304.29.1080, 7304.29.2010, 7304.29.2020,
7304.29.2030, 7304.29.2040, 7304.29.2050,
7304.29.2060, 7304.29.2080, 7304.29.3110,
7304.29.3120, 7304.29.3130, 7304.29.3140,
7304.29.3150, 7304.29.3160, 7304.29.3180,
7304.29.4110, 7304.29.4120, 7304.29.4130,
7304.29.4140, 7304.29.4150, 7304.29.4160,
7304.29.4180, 7304.29.5015, 7304.29.5030,
7304.29.5045, 7304.29.5060, 7304.29.5075,
7304.29.6115, 7304.29.6130, 7304.29.6145,
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14249
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 this
investigation 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 this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Analysis of Programs
VI. Recommendation
[FR Doc. 2022–05334 Filed 3–11–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–821–834]
Oil Country Tubular Goods From the
Russian Federation: Preliminary
Affirmative Countervailing Duty
Determination, Preliminary Negative
Critical Circumstances Determination,
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
oil country tubular goods (OCTG) from
the Russian Federation (Russia) for the
period of investigation (POI) January 1,
2020, through December 31, 2020.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable March 14, 2022.
FOR FURTHER INFORMATION CONTACT:
Brontee Jeffries or Theodore Pearson,
AGENCY:
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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4645 or
(202) 482–2631, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 1, 2021.1 On November
23, 2021, Commerce postponed the
preliminary determination of this
investigation to March 7, 2022.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
jspears on DSK121TN23PROD with NOTICES1
Scope of the Investigation
The products covered by this
investigation are OCTG from Russia. For
a complete description of the scope of
this investigation, see Appendix I.
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice, see Appendix I.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7 For a
full description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that the
Government of Russia did not act to the
best of its ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
and based on the petitioners’ request,9
we are aligning the final CVD
determination in this investigation with
the final determination in the
companion AD investigations of OCTG
from Argentina, Mexico, Korea, and
1 See Oil Country Tubular Goods From the
Republic of Korea and the Russia Federation:
Initiation of Countervailing Duty Investigations, 86
FR 60210 (November 1, 2021).
2 See Oil Country Tubular Goods from the
Republic of Korea and the Russian Federation:
Postponement of Preliminary Determinations in the
Countervailing Duty Investigations, (November 23,
2021).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination and Preliminary
Negative Critical Circumstances Determination in
the Countervailing Duty Investigation of Oil
Country Tubular Goods from the Russian
Federation,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 86 FR at 60210–11.
6 See Memorandum, ‘‘Antidumping Duty
Investigations of Oil Country Tubular Goods from
Argentina, Mexico, and the Russian Federation and
Countervailing Duty Investigations of Oil Country
Tubular Goods from the Republic of Korea, and the
Russian Federation: Preliminary Scope Decision
Memorandum,’’ dated March 7, 2022 (Preliminary
Scope Decision Memorandum).
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See sections 776(a) and (b) of the Act.
9 See Petitioners’ Letter, ‘‘Oil Country Tubular
Goods from Argentina, Mexico, Russia, and the
Republic of Korea: Petitioners’ Request to Extend
Preliminary Determinations and Align the
Countervailing Duty Investigations with the
Concurrent Less-Than-Fair-Value Investigations,’’
dated February 10, 2022.
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Russia. Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than July
18, 2022, unless postponed.
Preliminary Negative Determination of
Critical Circumstances
The petitioners alleged, based on
publicly available trade statistics, that
there is a reasonable basis to believe or
suspect that critical circumstances exist
regarding imports of OCTG.10 Based on
monthly shipment information
requested from the mandatory
respondents, Commerce is preliminarily
determining that critical circumstances
do not exist within the meaning of
section 703(e)(1) of the Act. For further
information, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 703(d)(1)(A)(i) and
705(c)(5)(A) of the Act provide that, in
the preliminary determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. Pursuant to
section 705(c)(5)(A)(i) of the Act, this
rate shall normally be an amount equal
to the weighted average of the estimated
subsidy rates established for those
companies individually examined,
excluding any rates that are zero, de
minimis, or rates based entirely under
section 776 of the Act.
We preliminarily calculated
individual estimated countervailable
subsidy rates for TMK Group (TMK) and
United Metallurgical Company and
Vyksa Steel Works (collectively, OMK)
that are not zero, de minimis, or based
entirely on facts otherwise available.
Commerce calculated the all-others rate
using a weighted average of the
individual estimated subsidy rates
calculated for the examined respondents
using each company’s publicly-ranged
values for the merchandise under
consideration.11
10 See Petitioners’ Letter, ‘‘Oil Country Tubular
Goods from the Russian Federation: Critical
Circumstances Allegation,’’ dated February 15,
2022.
11 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
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14251
Preliminary Determination
Commerce preliminary determines
that the following estimated
countervailable subsidy rates exist:
Subsidy rate
(percent
ad valorem)
Manufacturer/exporter
Volzhsky Pipe Plant, Joint Stock Company; Sinarsky Pipe Plant, Joint Stock Company; Seversky Pipe Plant, Joint Stock Company; Taganrog Metallurgical Plant, Joint Stock Company; Orsky Machine Building Plant, Joint Stock Company; and PAO
TMK 12 ..............................................................................................................................................................................................
JSC Vyksa Steel Works 13 ...................................................................................................................................................................
All Others .............................................................................................................................................................................................
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of case briefs and written
comments at a later date. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs.14 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.15
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). See also Forged Steel Fluid
End Blocks from Italy: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination with Final Antidumping
Duty Determination, 85 FR 31460, 31461 (May 26,
2020) (unchanged in Forged Steel Fluid End Blocks
from Italy: Final Affirmative Countervailing Duty
Determination, 85 FR 80022, 80023 (December 11,
2020)).
12 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Volzhsky Pipe
Plant: TMK Neftegasservice-Nizhnevartovsk, Joint
Stock Company; TMK Neftegasservice-Buzuluk,
Limited Liability Company; Russian Research
Institute of the Tube & Pipe Industries, JSC; and
Scientific and Technical Center TMK, LLC.
13 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with JSC Vyska Steel
Works: BusinessOptima; Metallolomaya Company
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
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through alternative means in lieu of an
on-site verification.
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1.37
1.68
1.53
date to be determined. Parties should
confirm by telephone the date and time
of the hearing two days before the
scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If Commerce’s final
determination is affirmative, the ITC
will make its final injury determination
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: March 7, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is certain OCTG, which are
hollow steel products of circular crosssection, 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),
OMK—Ecometall; United Metallurgical Company;
and Joint-Stock Company Trubodetal.
14 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements); Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006 (March 26, 2020)
(Temporary Rule); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 41363 (July 10,
2020) (Temporary Rule Extension).
15 See Temporary Rule; see also Temporary Rule
Extension.
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whether or not thread protectors are attached.
The scope of this investigation 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 investigation if performed in the country
of manufacture of the OCTG.
Excluded from the scope of the
investigation are: Casing, tubing, or coupling
stock containing 10.5 percent or more by
weight of chromium; drill pipe; unattached
couplings; and unattached thread protectors.
The merchandise subject to this
investigation is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under item numbers:
7304.29.1010, 7304.29.1020, 7304.29.1030,
7304.29.1040, 7304.29.1050, 7304.29.1060,
7304.29.1080, 7304.29.2010, 7304.29.2020,
7304.29.2030, 7304.29.2040, 7304.29.2050,
7304.29.2060, 7304.29.2080, 7304.29.3110,
7304.29.3120, 7304.29.3130, 7304.29.3140,
7304.29.3150, 7304.29.3160, 7304.29.3180,
7304.29.4110, 7304.29.4120, 7304.29.4130,
7304.29.4140, 7304.29.4150, 7304.29.4160,
7304.29.4180, 7304.29.5015, 7304.29.5030,
7304.29.5045, 7304.29.5060, 7304.29.5075,
7304.29.6115, 7304.29.6130, 7304.29.6145,
7304.29.6160, 7304.29.6175, 7305.20.2000,
7305.20.4000, 7305.20.6000, 7305.20.8000,
7306.29.1030, 7306.29.1090, 7306.29.2000,
7306.29.3100, 7306.29.4100, 7306.29.6010,
7306.29.6050, 7306.29.8110, and
7306.29.8150.
The merchandise subject to this
investigation 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 this
investigation is dispositive.
jspears on DSK121TN23PROD with NOTICES1
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Preliminary Negative Determination of
Critical Circumstances
V. Scope of the Investigation
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount
Rates, and Natural Gas Benchmark
IX. Analysis of Programs
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X. Recommendation
[FR Doc. 2022–05333 Filed 3–11–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB865]
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) will
hold a four-day meeting to consider
actions affecting the Gulf of Mexico
fisheries in the exclusive economic zone
(EEZ). This is a hybrid meeting open to
the public offering both in-person and
virtual options for participation.
DATES: The meeting will convene
Monday, April 4 at 8 a.m. through 5:30
p.m., CDT and Tuesday, April 5 at 8
a.m. through Thursday, April 7, 2022 at
5 p.m., CDT.
ADDRESSES: The meeting will take place
at The Lodge at Gulf State Park, 21196
East Beach Boulevard, Gulf Shores, AL
36542.
Please note, in-person meeting
attendees will be expected to follow any
current COVID–19 safety protocols as
determined by the Council, hotel and
the City of Gulf Shores. Such
precautions may include masks, room
capacity restrictions, and/or social
distancing. If you prefer to ‘‘listen in’’,
you may access the log-on information
by visiting our website at
www.gulfcouncil.org.
Council address: Gulf of Mexico
Fishery Management Council, 4107 W
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT: Dr.
Carrie Simmons, Executive Director,
Gulf of Mexico Fishery Management
Council; telephone: (813) 348–1630.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Monday, April 4, 2022; 8 a.m.–5:30
p.m., CDT
The meeting will begin with the
Administrative/Budget Committee
reviewing 2022 Anticipated Activities,
Budget and 2021 Funded Expenditures,
and discuss Electronic Voting Process
and available technology for Council
and Council Bodies.
The Ecosystem Committee will review
and discuss contracted Draft Fishery
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Ecosystem Plan, and receive a meeting
summary from the Ecosystem Technical
Committee meeting.
The Mackerel Committee will review
and discuss Coastal Migratory Pelagics
Landings, Draft Framework Amendment
11: Modifications to the Gulf of Mexico
Migratory Group King Mackerel Catch
Limits, Final Action: Draft Amendment
34: Atlantic Migratory Group King
Mackerel Catch Levels and Atlantic
King and Spanish Mackerel
Management Measures, and Other
Business: Discussion Gulf King
Mackerel Southern Zone Gillnet Fishing
Restriction on Weekends.
The Shrimp Committee will receive
the Biological Review of the Texas
Closure; receive update on Current
Shrimp Vessel Position Data Collection,
a summary from the Shrimp Advisory
Panel Meeting, update on Council
Request for Proposals to Address
Expanded Sampling of the Fleet for
Effort Monitoring in the Gulf Shrimp
Industry, and SSC Recommendations on
Development and Process of Using
Empirical Dynamic Models on Brown
and White Shrimp.
At approximately 2:45 p.m. until 5:30
p.m., the Council will convene the Full
Council in a Closed Session to review
and discuss the selection of Individual
Fishing Quotas (IFQ) Focus Group
Participants, Coral, Data Collection, and
Spiny Lobster Advisory Panel Members,
and select the 2021 Law Enforcement
Officer of the Year or Team of the Year.
Tuesday, April 5, 2022; 8 a.m.–5 p.m.,
CDT
The Reef Fish Committee will
convene to review Reef Fish Landings
and Individual Fishing Quota (IFQ)
Landings, and Federal For-hire Season
Projection. The Committee will review
the Red Snapper Private Recreational
Component 2021 Landings Summary
and 2022 Season Projections, and Draft
Options: Gulf of Mexico Greater
Amberjack Catch Limits, Sector
Allocations, and other Rebuilding Plan
Modifications. The Committee will
review the revised Great Red Snapper
Count Estimates and SSC
Recommendations for Red Snapper
Catch Advice.
Following lunch, the Committee will
receive a presentation and hold a
discussion on the Gulf of Mexico Gag
Grouper Interim Rule, State Reef Fish
Survey (SRFS) Calibration, and Interim
Analysis. The Committee will hold an
SSC discussion of Limited Access
Privilege Programs in Mixed-use
Fisheries, Focus Group Formation and
Next Steps Individual Fishing Quota
(IFQ) Programs, and review of the Gulf
E:\FR\FM\14MRN1.SGM
14MRN1
]]>Agencies
[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14249-14252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05333]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-834]
Oil Country Tubular Goods From the Russian Federation:
Preliminary Affirmative Countervailing Duty Determination, Preliminary
Negative Critical Circumstances Determination, and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of oil country tubular goods (OCTG) from the Russian
Federation (Russia) for the period of investigation (POI) January 1,
2020, through December 31, 2020. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable March 14, 2022.
FOR FURTHER INFORMATION CONTACT: Brontee Jeffries or Theodore Pearson,
[[Page 14250]]
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4645 or (202)
482-2631, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on November 1,
2021.\1\ On November 23, 2021, Commerce postponed the preliminary
determination of this investigation to March 7, 2022.\2\
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\1\ See Oil Country Tubular Goods From the Republic of Korea and
the Russia Federation: Initiation of Countervailing Duty
Investigations, 86 FR 60210 (November 1, 2021).
\2\ See Oil Country Tubular Goods from the Republic of Korea and
the Russian Federation: Postponement of Preliminary Determinations
in the Countervailing Duty Investigations, (November 23, 2021).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination and Preliminary Negative Critical Circumstances
Determination in the Countervailing Duty Investigation of Oil
Country Tubular Goods from the Russian Federation,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are OCTG from Russia.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice, see Appendix I.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 86 FR at 60210-11.
\6\ See Memorandum, ``Antidumping Duty Investigations of Oil
Country Tubular Goods from Argentina, Mexico, and the Russian
Federation and Countervailing Duty Investigations of Oil Country
Tubular Goods from the Republic of Korea, and the Russian
Federation: Preliminary Scope Decision Memorandum,'' dated March 7,
2022 (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of Russia
did not act to the best of its ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\8\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), and based on the petitioners' request,\9\ we are
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigations of OCTG from
Argentina, Mexico, Korea, and Russia. Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
July 18, 2022, unless postponed.
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\9\ See Petitioners' Letter, ``Oil Country Tubular Goods from
Argentina, Mexico, Russia, and the Republic of Korea: Petitioners'
Request to Extend Preliminary Determinations and Align the
Countervailing Duty Investigations with the Concurrent Less-Than-
Fair-Value Investigations,'' dated February 10, 2022.
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Preliminary Negative Determination of Critical Circumstances
The petitioners alleged, based on publicly available trade
statistics, that there is a reasonable basis to believe or suspect that
critical circumstances exist regarding imports of OCTG.\10\ Based on
monthly shipment information requested from the mandatory respondents,
Commerce is preliminarily determining that critical circumstances do
not exist within the meaning of section 703(e)(1) of the Act. For
further information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\10\ See Petitioners' Letter, ``Oil Country Tubular Goods from
the Russian Federation: Critical Circumstances Allegation,'' dated
February 15, 2022.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that,
in the preliminary determination, Commerce shall determine an estimated
all-others rate for companies not individually examined. Pursuant to
section 705(c)(5)(A)(i) of the Act, this rate shall normally be an
amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
rates that are zero, de minimis, or rates based entirely under section
776 of the Act.
We preliminarily calculated individual estimated countervailable
subsidy rates for TMK Group (TMK) and United Metallurgical Company and
Vyksa Steel Works (collectively, OMK) that are not zero, de minimis, or
based entirely on facts otherwise available. Commerce calculated the
all-others rate using a weighted average of the individual estimated
subsidy rates calculated for the examined respondents using each
company's publicly-ranged values for the merchandise under
consideration.\11\
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\11\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). See also Forged Steel Fluid End Blocks from
Italy: Preliminary Affirmative Countervailing Duty Determination,
and Alignment of Final Determination with Final Antidumping Duty
Determination, 85 FR 31460, 31461 (May 26, 2020) (unchanged in
Forged Steel Fluid End Blocks from Italy: Final Affirmative
Countervailing Duty Determination, 85 FR 80022, 80023 (December 11,
2020)).
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[[Page 14251]]
Preliminary Determination
Commerce preliminary determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Manufacturer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Volzhsky Pipe Plant, Joint Stock Company; Sinarsky Pipe 1.37
Plant, Joint Stock Company; Seversky Pipe Plant, Joint
Stock Company; Taganrog Metallurgical Plant, Joint
Stock Company; Orsky Machine Building Plant, Joint
Stock Company; and PAO TMK \12\........................
JSC Vyksa Steel Works \13\.............................. 1.68
All Others.............................................. 1.53
------------------------------------------------------------------------
Suspension of Liquidation
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Volzhsky Pipe Plant: TMK Neftegasservice-Nizhnevartovsk, Joint Stock
Company; TMK Neftegasservice-Buzuluk, Limited Liability Company;
Russian Research Institute of the Tube & Pipe Industries, JSC; and
Scientific and Technical Center TMK, LLC.
\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
JSC Vyska Steel Works: BusinessOptima; Metallolomaya Company OMK--
Ecometall; United Metallurgical Company; and Joint-Stock Company
Trubodetal.
---------------------------------------------------------------------------
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of case briefs and
written comments at a later date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline date for case briefs.\14\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\15\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020)
(Temporary Rule); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule Extension).
\15\ See Temporary Rule; see also Temporary Rule Extension.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date and time of
the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If
Commerce's final determination is affirmative, the ITC will make its
final injury determination before the later of 120 days after the date
of this preliminary determination or 45 days after the final
determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: March 7, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is certain 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),
[[Page 14252]]
whether or not thread protectors are attached. The scope of this
investigation 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 investigation if performed in the
country of manufacture of the OCTG.
Excluded from the scope of the investigation are: Casing,
tubing, or coupling stock containing 10.5 percent or more by weight
of chromium; drill pipe; unattached couplings; and unattached thread
protectors.
The merchandise subject to this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7304.29.1010, 7304.29.1020,
7304.29.1030, 7304.29.1040, 7304.29.1050, 7304.29.1060,
7304.29.1080, 7304.29.2010, 7304.29.2020, 7304.29.2030,
7304.29.2040, 7304.29.2050, 7304.29.2060, 7304.29.2080,
7304.29.3110, 7304.29.3120, 7304.29.3130, 7304.29.3140,
7304.29.3150, 7304.29.3160, 7304.29.3180, 7304.29.4110,
7304.29.4120, 7304.29.4130, 7304.29.4140, 7304.29.4150,
7304.29.4160, 7304.29.4180, 7304.29.5015, 7304.29.5030,
7304.29.5045, 7304.29.5060, 7304.29.5075, 7304.29.6115,
7304.29.6130, 7304.29.6145, 7304.29.6160, 7304.29.6175,
7305.20.2000, 7305.20.4000, 7305.20.6000, 7305.20.8000,
7306.29.1030, 7306.29.1090, 7306.29.2000, 7306.29.3100,
7306.29.4100, 7306.29.6010, 7306.29.6050, 7306.29.8110, and
7306.29.8150.
The merchandise subject to this investigation 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 this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Preliminary Negative Determination of Critical Circumstances
V. Scope of the Investigation
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount Rates, and Natural Gas
Benchmark
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2022-05333 Filed 3-11-22; 8:45 am]
BILLING CODE 3510-DS-P
