Oil Country Tubular Goods From the People's Republic of China: Final Results of Antidumping and Countervailing Duty Changed Circumstances Reviews, 15915-15917 [2022-05837]
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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices
Service Co., Ltd. (aka TAFISHCO)
27. To Chau Joint Stock Company (aka
TOCHAU, TOCHAU JSC, or TOCHAU
Joint Stock Company)
28. Viet Hai Seafood Company Limited (aka
Viet Hai)
29. Viet Phu Foods and Fish Corporation (aka
Vietphu)
30. Viet Phu Foods & Fish Co., Ltd.
31. Vietnam Seaproducts Joint Stock
Company (aka Seaprodex or Vietnam
Seafood Corporation—Joint Stock
Company)
32. Vinh Long Import-Export Company (aka
Vinh Long)
[FR Doc. 2022–05859 Filed 3–18–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–943, C–570–944]
Oil Country Tubular Goods From the
People’s Republic of China: Final
Results of Antidumping and
Countervailing Duty Changed
Circumstances Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 14, 2022, the
Department of Commerce (Commerce)
published the initiation and preliminary
results of the changed circumstances
reviews of the antidumping and
countervailing duty orders on oil
country tubular goods (OCTG) from the
People’s Republic of China (China). For
these final results, Commerce continues
to find that HLDS (B) Steel Sdn Bhd
(HLDS (B)) and HLD Clark Steel Pipe
Co., Inc. (HLD Clark) (collectively, HLD
companies) are eligible to participate in
a certification process because the HLD
companies have demonstrated that they
can identify OCTG that they produced
in either Brunei or the Philippines using
non-Chinese hot-rolled steel.
DATES: Applicable March 21, 2022.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun, 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.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On November 26, 2021, Commerce
found that imports of welded OCTG
completed in Brunei or the Philippines
using inputs manufactured in China are
circumventing the antidumping and
countervailing duty orders on OCTG
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21:01 Mar 18, 2022
Jkt 256001
from China.1 In the Final
Determinations, Commerce found that
welded OCTG ‘‘assembled or completed
in Brunei or the Philippines using nonChinese inputs is not subject to these
circumvention inquiries,’’ but because
the HLD companies were ‘‘unable to
track welded OCTG to the country of
origin of inputs used in the production
of welded OCTG,’’ Commerce decided
not to ‘‘implement a certification
process for welded OCTG already
suspended,’’ and required ‘‘cash
deposits on all entries of welded OCTG
produced in either Brunei or the
Philippines.’’ 2 However, Commerce
indicated that ‘‘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.’’ 3
On December 23, 2021, the HLD
companies submitted changed
circumstances review requests, in which
they claimed that they are able to
identify and segregate welded OCTG
made using non-Chinese hot-rolled steel
by either HLDS (B) in Brunei or HLD
Clark in the Philippines and then
subsequently exported from either
Brunei or the Philippines to the United
States.4 The HLD companies request
that Commerce find them eligible for
certification of these welded OCTG as
non-subject merchandise. In response to
Commerce’s requests for additional
information, the HLD companies
submitted their supplemental responses
on January 18, 2022,5 and January 24,
2022.6
Commerce preliminarily determined
‘‘that the HLD companies are now able
to identify and effectively segregate
welded OCTG produced by either HLDS
(B) in Brunei or HLD Clark in the
Philippines using non-Chinese hot1 See Oil Country Tubular Goods from the
People’s Republic of China: Final Affirmative
Determinations of Circumvention, 86 FR 67443
(November 26, 2021) (Final Determinations); see
also Certain Oil Country Tubular Goods from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 75 FR 28551 (May 21,
2010); and Certain Oil Country Tubular Goods from
the People’s Republic of China: Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 75 FR 3203 (January 20,
2010).
2 See Final Determinations, 86 FR at 67444.
3 Id.
4 See HLD Companies’ Letters, ‘‘Request for
Changed Circumstances Review,’’ dated December
23, 2021; and ‘‘First Supplemental Questionnaire
Response,’’ dated January 18, 2022 (First
Supplemental Response).
5 See First Supplemental Response.
6 See HLD Companies’ Letter, ‘‘Second
Supplemental Questionnaire Response,’’ dated
January 24, 2022.
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15915
rolled steel from other OCTG produced
at their facilities.’’ 7
No party commented on the Initiation
and Preliminary Results regarding
Commerce’s analysis of the HLD
companies’ practices to track the
country of origin of the hot-rolled steel
they used to produce OCTG which are
exported to the United States, the
sufficiency of the certification process,
or the certification language.
Scope of the Orders
The scope of these orders consists of
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 (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
orders also covers OCTG coupling stock.
Excluded from the scope of the orders
are casing or tubing containing 10.5
percent or more by weight of chromium;
drill pipe; unattached couplings; and
unattached thread protectors.
The merchandise covered by the
orders is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
7 See Oil Country Tubular Goods from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews, 87 FR 8230, 8231 (February 14, 2022)
(Initiation and Preliminary Results).
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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices
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7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The OCTG coupling stock covered by
the orders may also enter under the
following HTSUS item numbers:
7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36,
7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52,
7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72,
7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15,
7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35,
7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55,
7304.59.80.60, 7304.59.80.65,
7304.59.80.70, and 7304.59.80.80.
The HTSUS subheadings are provided
for convenience and customs purposes
only; the written description of the
scope of the orders is dispositive.
Final Results of Changed
Circumstances Reviews
Commerce is conducting these
changed circumstances reviews in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216.
For the reasons stated in the Initiation
and Preliminary Results, and because
we received no comments from
interested parties, we continue to find
that, since the publication of the Final
Determinations, ‘‘the HLD companies
are now able to identify and effectively
segregate welded OCTG produced by
either HLDS (B) in Brunei or HLD Clark
in the Philippines using non-Chinese
hot-rolled steel from other OCTG
produced at their facilities.’’ 8
Accordingly, effective on the
publication date of these final results,
the HLD companies and their exporters
and importers will be eligible to certify
that welded OCTG produced by either
HLDS (B) in Brunei or HLD Clark in the
Philippines and exported from either
Brunei or the Philippines were
produced using non-Chinese hot-rolled
steel. OCTG entering the United States
with such certification, which may be
subject to verification, will not be
subject to suspension of liquidation or
a requirement to post cash deposits of
estimated antidumping and
countervailing duties. The final
certification language is attached as an
appendix to this notice.
Suspension of Liquidation and
Certification Requirements
In accordance with 19 CFR
351.225(l)(3), the suspension of
8 See Initiation and Preliminary Results, 87 FR at
8231.
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21:01 Mar 18, 2022
Jkt 256001
liquidation instructions will remain in
effect until further notice. Commerce
will direct CBP to suspend liquidation
and to require a cash deposit of
estimated duties on unliquidated entries
of welded OCTGs produced (i.e.,
assembled or completed) by either
HLDS (B) in Brunei or HLD Clark in the
Philippines using Chinese hot-rolled
steel and exported from either Brunei or
the Philippines that were entered, or
withdrawn from warehouse, for
consumption on or after the date of
initiation of the changed circumstances
reviews.
Welded OCTG produced by either
HLDS (B) in Brunei or HLD Clark in the
Philippines using non-Chinese hotrolled steel and exported from either
Brunei or the Philippines are not subject
to the antidumping and countervailing
duty orders on OCTG from China.
However, imports of such merchandise
are subject to certification requirements,
and cash deposits may be required if the
certification requirements are not
satisfied. Accordingly, if an importer
enters welded OCTG produced by either
HLDS (B) in Brunei or HLD Clark in the
Philippines and exported from either
Brunei or the Philippines and claims
that the welded OCTG was produced
from non-Chinese hot-rolled steel, in
order not to be subject to cash deposit
requirements, the importer and exporter
are required to meet the certification
and documentation requirements
described herein and in the
certifications contained in the appendix.
Where no certification is provided for
an entry of welded OCTG produced by
either HLDS (B) in Brunei or HLD Clark
in the Philippines and exported from
either Brunei or the Philippines to the
United States, the antidumping and
countervailing duty orders on OCTG
from China apply to that entry and
Commerce intends to instruct CBP to
suspend the entry and collect cash
deposits of estimated antidumping
duties equal to the rate established for
the China-wide entity, i.e., 99.14
percent,9 and cash deposits of estimated
countervailing duties equal to the
current all-others rate, i.e., 27.08
percent.10
For shipments and/or entry
summaries made on or after the date of
publication of the initiation of the
changed circumstances reviews through
9 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).
10 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).
PO 00000
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Fmt 4703
Sfmt 4703
30 days after the date of publication of
the final results of these changed
circumstances reviews for which
certifications are required, importers
and exporters should complete the
required certification within 30 days
after the publication of the final results
of these changed circumstances reviews
in the Federal Register. Accordingly,
where appropriate, the relevant item in
the certification should be modified to
reflect that the certification was
completed within the time frame
specified above. For such entries/
shipments, importers and exporters
each have the option to complete a
blanket certification covering multiple
entries/shipments, individual
certifications for each entry/shipment,
or a combination thereof. For shipments
and/or entries made on or after 31 days
after the date of publication of the final
results of these changed circumstances
reviews in the Federal Register, for
which certifications are required,
importers should complete the required
certification at or prior to the date of
entry summary, and exporters should
complete the required certification and
provide it to the importer at or prior to
the date of shipment.
Notification to Interested Parties
We are issuing and publishing the
notice of these final results in
accordance with sections 751(b)(1) and
777(i) of the Act, and 19 CFR 351.216.
Dated: March 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Exporter Certification
Special Instructions: The party that made
the sale to the United States should fill out
the exporter certification. Only parties that
exported welded OCTG produced by either
HLDS (B) Steel Sdn. Bhd. in Brunei or HLD
Clark Steel Pipe Co., Inc. in the Philippines
are eligible for this certification process.
I hereby certify that:
A. My name is {COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
EXPORTING COMPANY}, located at
{ADDRESS};
B. I have direct personal knowledge of the
facts regarding the production and
exportation of the welded oil country tubular
goods (OCTG) identified below. ‘‘Direct
personal knowledge’’ refers to facts the
certifying party is expected to have in its own
books and records. For example, an exporter
should have direct personal knowledge of the
producer’s identity and location.
C. Welded OCTG produced in either
Brunei or the Philippines and covered by this
certification were not manufactured using
hot-rolled steel produced in the People’s
Republic of China (China).
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D. This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER}. (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer Line
item #:
Producer Name:
Producer’s Address:
Producer’s Invoice # to Foreign Seller: (If the
foreign seller and the producer are the
same party, put NA here.)
E. The welded OCTG covered by this
certification were shipped to {NAME OF U.S.
PARTY TO WHOM MERCHANDISE WAS
SHIPPED}, located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED}.
F. I understand that {NAME OF
EXPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
mill certificates, production records,
invoices, etc.) for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries.
G. I understand that {NAME OF
EXPORTING COMPANY} must provide a
copy of this Exporter Certification to the U.S.
importer by the date of shipment.
H. I understand that {NAME OF
EXPORTING COMPANY} is required to
provide a copy of this certification and
supporting records, upon request, to U.S.
Customs and Border Protection (CBP) and/or
the Department of Commerce (Commerce).
I. I understand that the claims made
herein, and the substantiating documentation
are subject to verification by CBP and/or
Commerce.
J. I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein, and/or
failure to allow CBP and/or Commerce to
verify the claims made herein, may result in
a de facto determination that all sales to
which this certification applies are within
the scope of the antidumping and
countervailing duty orders on welded OCTG
from China. I understand that such finding
will result in:
1. Suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met; and
2. the requirement that the importer post
applicable antidumping and countervailing
duty cash deposits (as appropriate) equal to
the rates as determined by Commerce; and
3. the revocation of {NAME OF
EXPORTING COMPANY}’s privilege to
certify future exports of welded OCTG from
either Brunei or the Philippines as not
manufactured using hot-rolled steel from
China.
K. This certification was completed at or
prior to the date of shipment;
L. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
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21:01 Mar 18, 2022
Jkt 256001
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official of
{NAME OF IMPORTING COMPANY},
located at {ADDRESS OF IMPORTING
COMPANY}.
B. I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of
welded oil country tubular goods (OCTG)
produced in either Brunei or the Philippines
that entered under entry summary number(s)
identified below and are covered by this
certification. ‘‘Direct personal knowledge’’
refers to facts the certifying party is expected
to have in its own records. For example, the
importer should have direct personal
knowledge of the importation of the product
(e.g., the name of the exporter) in its records.
C. If the importer is acting on behalf of the
first U.S. customer, complete this paragraph,
if not put ‘‘NA’’ at the end of this paragraph:
welded OCTG covered by this certification
were imported by {NAME OF IMPORTING
COMPANY} on behalf of {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER}.
D. Welded OCTG covered by this
certification were shipped to {NAME OF
PARTY TO WHOM MERCHANDISE WAS
FIRST SHIPPED IN THE UNITED STATES},
located at {ADDRESS OF SHIPMENT}.
E. I have personal knowledge of the facts
regarding the production of the welded
OCTG identified below. ‘‘Personal
knowledge’’ includes facts obtained from
another party, (e.g., correspondence received
by the importer (or exporter) from the
producer regarding the country of
manufacture of the imported products).
F. Welded OCTG covered by this
certification were not manufactured using
hot-rolled steel produced in the People’s
Republic of China (China).
G. This certification applies to the
following entries (repeat this block as many
times as necessary):
Entry Summary #:
Entry Summary Line Item #: Foreign Seller:
Foreign Seller’s Address: Foreign Seller’s
Invoice #:
Foreign Seller’s Invoice Line Item #:
Producer:
Producer’s Address:
H. I understand that {NAME OF
IMPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
mill certificates, production records,
invoices, etc.) for the later of (1) a period of
five years from the date of entry, or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries.
I. I understand that {NAME OF
IMPORTING COMPANY} is required to
provide this certification and supporting
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15917
records to U.S. Customs and Border
Protection (CBP) and/or the Department of
Commerce (Commerce), upon request by the
respective agency.
J. I understand that {NAME OF
IMPORTING COMPANY} is required to
maintain a copy of the exporter’s certification
(attesting to the production and/or export of
the imported merchandise identified above),
and any supporting records provided by the
exporter to the importer, for the later of (1)
a period of five years from the date of entry
or (2) a period of three years after the
conclusion of any litigation in United States
courts regarding such entries.
K. I understand that {NAME OF
IMPORTING COMPANY} is required, upon
request, to provide a copy of the exporter’s
certification and any supporting records
provided by the exporter to the importer, to
CBP and/or Commerce.
L. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
M. I understand that failure to maintain the
required certifications, and/or failure to
substantiate the claims made herein, and/or
failure to allow CBP and/or Commerce to
verify the claims made herein, may result in
a de facto determination that all entries to
which this certification applies are within
the scope of the antidumping and
countervailing duty orders on welded OCTG
from China. I understand that such finding
will result in:
1. Suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
2. the requirement that the importer post
applicable antidumping and countervailing
duty cash deposits (as appropriate) equal to
the rates determined by Commerce; and
3. the revocation of {NAME OF
IMPORTING COMPANY}’s privilege to
certify future imports of welded OCTG from
either Brunei or the Philippines as not
manufactured using hot-rolled steel from
China.
N. I understand that agents of the importer,
such as brokers, are not permitted to make
this certification. Where a broker or other
party was used to facilitate the entry process,
{NAME OF IMPORTING COMPANY}
obtained the entry summary number and date
of entry summary from that party.
O. This certification was completed at or
prior to the date of entry summary.
P. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2022–05837 Filed 3–18–22; 8:45 am]
BILLING CODE 3510–DS–P
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Agencies
[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Notices]
[Pages 15915-15917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05837]
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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 Results of Antidumping and Countervailing Duty Changed
Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 14, 2022, the Department of Commerce (Commerce)
published the initiation and preliminary results of the changed
circumstances reviews of the antidumping and countervailing duty orders
on oil country tubular goods (OCTG) from the People's Republic of China
(China). For these final results, Commerce continues to find that HLDS
(B) Steel Sdn Bhd (HLDS (B)) and HLD Clark Steel Pipe Co., Inc. (HLD
Clark) (collectively, HLD companies) are eligible to participate in a
certification process because the HLD companies have demonstrated that
they can identify OCTG that they produced in either Brunei or the
Philippines using non-Chinese hot-rolled steel.
DATES: Applicable March 21, 2022.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, 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.
SUPPLEMENTARY INFORMATION:
Background
On November 26, 2021, Commerce found that imports of welded OCTG
completed in Brunei or the Philippines using inputs manufactured in
China are circumventing the antidumping and countervailing duty orders
on OCTG from China.\1\ In the Final Determinations, Commerce found that
welded OCTG ``assembled or completed in Brunei or the Philippines using
non-Chinese inputs is not subject to these circumvention inquiries,''
but because the HLD companies were ``unable to track welded OCTG to the
country of origin of inputs used in the production of welded OCTG,''
Commerce decided not to ``implement a certification process for welded
OCTG already suspended,'' and required ``cash deposits on all entries
of welded OCTG produced in either Brunei or the Philippines.'' \2\
However, Commerce indicated that ``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.'' \3\
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\1\ See Oil Country Tubular Goods from the People's Republic of
China: Final Affirmative Determinations of Circumvention, 86 FR
67443 (November 26, 2021) (Final Determinations); see also Certain
Oil Country Tubular Goods from the People's Republic of China:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 75 FR 28551 (May 21, 2010); and Certain Oil
Country Tubular Goods from the People's Republic of China: Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 75 FR 3203 (January 20, 2010).
\2\ See Final Determinations, 86 FR at 67444.
\3\ Id.
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On December 23, 2021, the HLD companies submitted changed
circumstances review requests, in which they claimed that they are able
to identify and segregate welded OCTG made using non-Chinese hot-rolled
steel by either HLDS (B) in Brunei or HLD Clark in the Philippines and
then subsequently exported from either Brunei or the Philippines to the
United States.\4\ The HLD companies request that Commerce find them
eligible for certification of these welded OCTG as non-subject
merchandise. In response to Commerce's requests for additional
information, the HLD companies submitted their supplemental responses
on January 18, 2022,\5\ and January 24, 2022.\6\
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\4\ See HLD Companies' Letters, ``Request for Changed
Circumstances Review,'' dated December 23, 2021; and ``First
Supplemental Questionnaire Response,'' dated January 18, 2022 (First
Supplemental Response).
\5\ See First Supplemental Response.
\6\ See HLD Companies' Letter, ``Second Supplemental
Questionnaire Response,'' dated January 24, 2022.
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Commerce preliminarily determined ``that the HLD companies are now
able to identify and effectively segregate welded OCTG produced by
either HLDS (B) in Brunei or HLD Clark in the Philippines using non-
Chinese hot-rolled steel from other OCTG produced at their
facilities.'' \7\
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\7\ See Oil Country Tubular Goods from the People's Republic of
China: Initiation and Preliminary Results of Antidumping and
Countervailing Duty Changed Circumstances Reviews, 87 FR 8230, 8231
(February 14, 2022) (Initiation and Preliminary Results).
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No party commented on the Initiation and Preliminary Results
regarding Commerce's analysis of the HLD companies' practices to track
the country of origin of the hot-rolled steel they used to produce OCTG
which are exported to the United States, the sufficiency of the
certification process, or the certification language.
Scope of the Orders
The scope of these orders consists of 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 (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 orders also covers OCTG coupling stock. Excluded from the scope of
the orders are casing or tubing containing 10.5 percent or more by
weight of chromium; drill pipe; unattached couplings; and unattached
thread protectors.
The merchandise covered by the orders is currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
[[Page 15916]]
7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The OCTG coupling stock covered by the orders may also enter under
the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, and 7304.59.80.80.
The HTSUS subheadings are provided for convenience and customs
purposes only; the written description of the scope of the orders is
dispositive.
Final Results of Changed Circumstances Reviews
Commerce is conducting these changed circumstances reviews in
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR
351.216. For the reasons stated in the Initiation and Preliminary
Results, and because we received no comments from interested parties,
we continue to find that, since the publication of the Final
Determinations, ``the HLD companies are now able to identify and
effectively segregate welded OCTG produced by either HLDS (B) in Brunei
or HLD Clark in the Philippines using non-Chinese hot-rolled steel from
other OCTG produced at their facilities.'' \8\
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\8\ See Initiation and Preliminary Results, 87 FR at 8231.
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Accordingly, effective on the publication date of these final
results, the HLD companies and their exporters and importers will be
eligible to certify that welded OCTG produced by either HLDS (B) in
Brunei or HLD Clark in the Philippines and exported from either Brunei
or the Philippines were produced using non-Chinese hot-rolled steel.
OCTG entering the United States with such certification, which may be
subject to verification, will not be subject to suspension of
liquidation or a requirement to post cash deposits of estimated
antidumping and countervailing duties. The final certification language
is attached as an appendix to this notice.
Suspension of Liquidation and Certification Requirements
In accordance with 19 CFR 351.225(l)(3), the suspension of
liquidation instructions will remain in effect until further notice.
Commerce will direct CBP to suspend liquidation and to require a cash
deposit of estimated duties on unliquidated entries of welded OCTGs
produced (i.e., assembled or completed) by either HLDS (B) in Brunei or
HLD Clark in the Philippines using Chinese hot-rolled steel and
exported from either Brunei or the Philippines that were entered, or
withdrawn from warehouse, for consumption on or after the date of
initiation of the changed circumstances reviews.
Welded OCTG produced by either HLDS (B) in Brunei or HLD Clark in
the Philippines using non-Chinese hot-rolled steel and exported from
either Brunei or the Philippines are not subject to the antidumping and
countervailing duty orders on OCTG from China. However, imports of such
merchandise are subject to certification requirements, and cash
deposits may be required if the certification requirements are not
satisfied. Accordingly, if an importer enters welded OCTG produced by
either HLDS (B) in Brunei or HLD Clark in the Philippines and exported
from either Brunei or the Philippines and claims that the welded OCTG
was produced from non-Chinese hot-rolled steel, in order not to be
subject to cash deposit requirements, the importer and exporter are
required to meet the certification and documentation requirements
described herein and in the certifications contained in the appendix.
Where no certification is provided for an entry of welded OCTG produced
by either HLDS (B) in Brunei or HLD Clark in the Philippines and
exported from either Brunei or the Philippines to the United States,
the antidumping and countervailing duty orders on OCTG from China apply
to that entry and Commerce intends to instruct CBP to suspend the entry
and collect cash deposits of estimated antidumping duties equal to the
rate established for the China-wide entity, i.e., 99.14 percent,\9\ and
cash deposits of estimated countervailing duties equal to the current
all-others rate, i.e., 27.08 percent.\10\
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\9\ 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).
\10\ 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).
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For shipments and/or entry summaries made on or after the date of
publication of the initiation of the changed circumstances reviews
through 30 days after the date of publication of the final results of
these changed circumstances reviews for which certifications are
required, importers and exporters should complete the required
certification within 30 days after the publication of the final results
of these changed circumstances reviews in the Federal Register.
Accordingly, where appropriate, the relevant item in the certification
should be modified to reflect that the certification was completed
within the time frame specified above. For such entries/shipments,
importers and exporters each have the option to complete a blanket
certification covering multiple entries/shipments, individual
certifications for each entry/shipment, or a combination thereof. For
shipments and/or entries made on or after 31 days after the date of
publication of the final results of these changed circumstances reviews
in the Federal Register, for which certifications are required,
importers should complete the required certification at or prior to the
date of entry summary, and exporters should complete the required
certification and provide it to the importer at or prior to the date of
shipment.
Notification to Interested Parties
We are issuing and publishing the notice of these final results in
accordance with sections 751(b)(1) and 777(i) of the Act, and 19 CFR
351.216.
Dated: March 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Exporter Certification
Special Instructions: The party that made the sale to the United
States should fill out the exporter certification. Only parties that
exported welded OCTG produced by either HLDS (B) Steel Sdn. Bhd. in
Brunei or HLD Clark Steel Pipe Co., Inc. in the Philippines are
eligible for this certification process.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF EXPORTING COMPANY{time} , located at
{ADDRESS{time} ;
B. I have direct personal knowledge of the facts regarding the
production and exportation of the welded oil country tubular goods
(OCTG) identified below. ``Direct personal knowledge'' refers to
facts the certifying party is expected to have in its own books and
records. For example, an exporter should have direct personal
knowledge of the producer's identity and location.
C. Welded OCTG produced in either Brunei or the Philippines and
covered by this certification were not manufactured using hot-rolled
steel produced in the People's Republic of China (China).
[[Page 15917]]
D. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
E. The welded OCTG covered by this certification were shipped to
{NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , located
at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
F. I understand that {NAME OF EXPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, production
records, invoices, etc.) for the later of (1) a period of five years
from the date of entry or (2) a period of three years after the
conclusion of any litigation in the United States courts regarding
such entries.
G. I understand that {NAME OF EXPORTING COMPANY{time} must
provide a copy of this Exporter Certification to the U.S. importer
by the date of shipment.
H. I understand that {NAME OF EXPORTING COMPANY{time} is
required to provide a copy of this certification and supporting
records, upon request, to U.S. Customs and Border Protection (CBP)
and/or the Department of Commerce (Commerce).
I. I understand that the claims made herein, and the
substantiating documentation are subject to verification by CBP and/
or Commerce.
J. I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein,
and/or failure to allow CBP and/or Commerce to verify the claims
made herein, may result in a de facto determination that all sales
to which this certification applies are within the scope of the
antidumping and countervailing duty orders on welded OCTG from
China. I understand that such finding will result in:
1. Suspension of all unliquidated entries (and entries for which
liquidation has not become final) for which these requirements were
not met; and
2. the requirement that the importer post applicable antidumping
and countervailing duty cash deposits (as appropriate) equal to the
rates as determined by Commerce; and
3. the revocation of {NAME OF EXPORTING COMPANY{time} 's
privilege to certify future exports of welded OCTG from either
Brunei or the Philippines as not manufactured using hot-rolled steel
from China.
K. This certification was completed at or prior to the date of
shipment;
L. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of
welded oil country tubular goods (OCTG) produced in either Brunei or
the Philippines that entered under entry summary number(s)
identified below and are covered by this certification. ``Direct
personal knowledge'' refers to facts the certifying party is
expected to have in its own records. For example, the importer
should have direct personal knowledge of the importation of the
product (e.g., the name of the exporter) in its records.
C. If the importer is acting on behalf of the first U.S.
customer, complete this paragraph, if not put ``NA'' at the end of
this paragraph: welded OCTG covered by this certification were
imported by {NAME OF IMPORTING COMPANY{time} on behalf of {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
D. Welded OCTG covered by this certification were shipped to
{NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN THE UNITED
STATES{time} , located at {ADDRESS OF SHIPMENT{time} .
E. I have personal knowledge of the facts regarding the
production of the welded OCTG identified below. ``Personal
knowledge'' includes facts obtained from another party, (e.g.,
correspondence received by the importer (or exporter) from the
producer regarding the country of manufacture of the imported
products).
F. Welded OCTG covered by this certification were not
manufactured using hot-rolled steel produced in the People's
Republic of China (China).
G. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #: Foreign Seller:
Foreign Seller's Address: Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:
H. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, production
records, invoices, etc.) for the later of (1) a period of five years
from the date of entry, or (2) a period of three years after the
conclusion of any litigation in the United States courts regarding
such entries.
I. I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide this certification and supporting records to
U.S. Customs and Border Protection (CBP) and/or the Department of
Commerce (Commerce), upon request by the respective agency.
J. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to the production and/or export of the imported
merchandise identified above), and any supporting records provided
by the exporter to the importer, for the later of (1) a period of
five years from the date of entry or (2) a period of three years
after the conclusion of any litigation in United States courts
regarding such entries.
K. I understand that {NAME OF IMPORTING COMPANY{time} is
required, upon request, to provide a copy of the exporter's
certification and any supporting records provided by the exporter to
the importer, to CBP and/or Commerce.
L. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
M. I understand that failure to maintain the required
certifications, and/or failure to substantiate the claims made
herein, and/or failure to allow CBP and/or Commerce to verify the
claims made herein, may result in a de facto determination that all
entries to which this certification applies are within the scope of
the antidumping and countervailing duty orders on welded OCTG from
China. I understand that such finding will result in:
1. Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
2. the requirement that the importer post applicable antidumping
and countervailing duty cash deposits (as appropriate) equal to the
rates determined by Commerce; and
3. the revocation of {NAME OF IMPORTING COMPANY{time} 's
privilege to certify future imports of welded OCTG from either
Brunei or the Philippines as not manufactured using hot-rolled steel
from China.
N. I understand that agents of the importer, such as brokers,
are not permitted to make this certification. Where a broker or
other party was used to facilitate the entry process, {NAME OF
IMPORTING COMPANY{time} obtained the entry summary number and date
of entry summary from that party.
O. This certification was completed at or prior to the date of
entry summary.
P. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2022-05837 Filed 3-18-22; 8:45 am]
BILLING CODE 3510-DS-P