Oil Country Tubular Goods From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 57176-57178 [2022-20169]
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57176
Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Notices
Exporter
Final results:
weightedaverage
dumping
margin
(percent)
Third final
remand:
weighted-average
dumping margin
(percent)
(applicable to
the period
January 27, 2015,
through
October 19, 2015)
Pirelli Tyre Co., Ltd ............................................................................................................................................
76.46
7 1.45
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i) of the Tariff Act of 1930,
as amended.
Dated: September 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–20207 Filed 9–16–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–815]
Oil Country Tubular Goods From
Ukraine: Preliminary Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that sales of oil country tubular
goods (OCTG) from Ukraine were made
at less than normal value during the
period of review (POR) July 1, 2020,
through June 30, 2021. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable September 19, 2022.
FOR FURTHER INFORMATION CONTACT: Toni
Page, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1398.
SUPPLEMENTARY INFORMATION:
AGENCY:
lotter on DSK11XQN23PROD with NOTICES1
Background
On July 16, 2019, Commerce
published in the Federal Register the
antidumping duty order on OCTG from
7 See
Memorandum, ‘‘Final Results of
Redetermination Pursuant to Second Remand of
Certain Passenger Vehicle and Light Truck Tires
from the People’s Republic of China: Amended
Final Calculation Memorandum for Separate Rate
Companies,’’ dated February 26, 2021.
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17:37 Sep 16, 2022
Jkt 256001
Ukraine.1 On July 1, 2021, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order on
OCTG from Ukraine for the POR July 1,
2020, through June 30, 2021.2 On
September 7, 2021, based on timely
requests for review, Commerce initiated
an administrative review of the Order.3
The domestic interested parties are:
Maverick Tube Corporation; Tenaris Bay
City, Inc.; IPSCO Tubulars Inc.; and
United States Steel Corporation. This
review covers the sole mandatory
respondent, Interpipe.4
On April 13, 2022, we extended the
deadline for the preliminary results of
this review by 61 days in accordance
with section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act) and
19 CFR 351.213(h)(2).5 On June 27,
2022, Commerce further extended the
deadline for the preliminary results by
an additional 59 days.6 For details
regarding the events that occurred
subsequent to the initiation of the
review, see the Preliminary Decision
1 See Termination of the Suspension Agreement
on Certain Oil Country Tubular Goods from
Ukraine, Rescission of Administrative Review, and
Issuance of Antidumping Duty Order, 84 FR 33918
(July 16, 2019) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 35065
(July 1, 2021).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (September 7, 2021).
4 In the most recent administrative review of this
proceeding, we treated the following companies as
a single entity: Interpipe Europe S.A.; Interpipe
Ukraine LLC; PJSC Interpipe Niznedneprovsky
Tube Rolling Plant; LLC Interpipe Niko Tube
(collectively, Interpipe). See Oil Country Tubular
Goods from Ukraine: Preliminary Results of
Antidumping Duty Administrative Review; 2019–
2020, 86 FR 43522 (August 9, 2021), and
accompanying Preliminary Decision Memorandum,
at ‘‘Affiliation and Collapsing,’’ unchanged in Oil
Country Tubular Goods from Ukraine: Final Results
of Antidumping Duty Administrative Review; 2019–
2020, 87 FR 7801 (February 10, 2022), and
accompanying Issues and Decision Memorandum.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review, 2020–2021,’’ dated April
13, 2022.
6 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review, 2020–2021,’’ dated June 27,
2022.
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Fmt 4703
Sfmt 4703
Memorandum.7 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
appendix 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.
Scope of the Order
The merchandise under review is
certain OCTG from Ukraine, which are
hollow steel products of circular crosssection, 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
Order also covers OCTG coupling stock.
For a full description of the scope, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Constructed export price has been
calculated in accordance with section
772 of the Act and normal value was
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum.
7 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the 2020–2021
Administrative Review of the Antidumping Duty
Order on Oil Country Tubular Goods from
Ukraine,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\19SEN1.SGM
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Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Notices
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
dumping margin exists for the period
July 1, 2020, through June 30, 2021:
Producer and/or exporter
Weightedaverage
dumping
margin
(percent)
Interpipe Europe S.A./Interpipe Ukraine LLC/PJSC Interpipe Niznedneprovsky Tube Rolling Plant/LLC Interpipe Niko Tube ........
1.59
Disclosure
Commerce will disclose calculations
performed for these preliminary results
to the parties within five days of the
date of publication of this notice, in
accordance with 19 CFR 351.224(b).
Public Comment
Case briefs, or other written
comments, may be submitted to the
Assistant Secretary for Enforcement and
Compliance through ACCESS no later
than seven days after the date on which
the final verification report is issued in
this proceeding.8 Rebuttal briefs, limited
to issues raised in the case briefs, may
be filed no later than seven days after
the date for filing case briefs.9 Parties
who submit case or rebuttal briefs in
this proceeding 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. Case and rebuttal
briefs should be filed using ACCESS 10
and must be served on interested
parties.11 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, within 30
days of the date of publication of this
notice.13 Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
8 See
19 CFR 351.309(c).
19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect)’’).
10 See 19 CFR 351.309(c)(2) and (d)(2); see also 19
CFR 351.303 (for general filing requirements).
11 See 19 CFR 351.303(f).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
13 See 19 CFR 351.310(c).
9 See
lotter on DSK11XQN23PROD with NOTICES1
57177
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Jkt 256001
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined.14 Parties should
confirm the date, time, and location of
the hearing two days before the
scheduled date.
Commerce intends to issue the final
results of this administrative review,
which will include the results of our
analysis of all issues raised in the case
and rebuttal briefs, within 120 days of
publication of these preliminary results
in the Federal Register, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Verification
On December 16, 2021, the domestic
interested parties requested, pursuant to
19 CFR 351.307(b)(1)(v), that Commerce
conduct verification of the
questionnaire responses submitted in
this administrative review.15 As
provided in section 782(i)(1) of the Act,
Commerce intends to verify the
information relied upon in making its
final determination for Interpipe.
Assessment Rates
Upon issuing the final results of this
review, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.16 If the weighted-average
dumping margin for Interpipe (i.e., the
sole individually-examined respondent
in this review) is not zero or de minimis
(i.e., greater than or equal to 0.5 percent)
in the final results of this review, we
will calculate importer-specific ad
valorem assessment rates for the
merchandise based on the ratio of the
total amount of dumping calculated for
the examined sales made during the
POR to each importer and the total
entered value of those same sales, in
14 See
19 CFR 351.310(d).
Domestic Interested Parties’ Letter, ‘‘Oil
Country Tubular Goods from Ukraine: Request for
On-Site Verification,’’ dated December 16, 2021.
16 See 19 CFR 351.212(b)(1).
15 See
PO 00000
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Sfmt 4703
accordance with 19 CFR 351.212(b)(1).
Where an importer-specific ad valorem
assessment rate is zero or de minimis in
the final results of the review, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.17 If Interpipe’s weighted-average
dumping margin is zero or de minimis
in the final results of the review, we will
instruct CBP not to assess duties on any
of its entries in accordance with the
Final Modification for Reviews, i.e.,
‘‘{w}here the weighted-average margin
of dumping for the exporter is
determined to be zero or de minimis, no
antidumping duties will be assessed.’’ 18
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Interpipe for
which the producer did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate (i.e., 7.47 percent) 19 if there is no
rate for the intermediate company (or
companies) involved in the
transaction.20
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
17 See
19 CFR 351.106(c)(2).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
19 See Order, 84 FR at 33919.
20 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
18 See
E:\FR\FM\19SEN1.SGM
19SEN1
57178
Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Notices
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Interpipe will be
equal to the weighted-average dumping
margin established in the final results of
this administrative review, except if the
rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recently completed segment of
this proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or in the less-than-fair-value
investigation (LTFV) but the producer
is, the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 7.47 percent, the
rate established in the LTFV
investigation of this proceeding.21 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h)(2).
lotter on DSK11XQN23PROD with NOTICES1
Dated: September 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
21 See
Order, 84 FR at 33919.
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17:37 Sep 16, 2022
Jkt 256001
V. Treatment of Duties Under Section 232 of
the Trade Expansion Act of 1962
VI. Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2022–20169 Filed 9–16–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–809]
Certain Hot-Rolled Steel Flat Products
From Australia: Notice of Court
Decision Not in Harmony With the
Results of Antidumping Administrative
Review; Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 30, 2022, the U.S.
Court of International Trade (CIT)
issued its final judgment in BlueScope
Steel LTD. v. United States, Court No.
19–00057, sustaining the U.S.
Department of Commerce’s (Commerce)
remand results pertaining to the
administrative review of the
antidumping duty (AD) order on certain
hot-rolled steel flat products (hot-rolled
steel) from Australia covering the period
March 22, 2016, through September 30,
2017. Commerce is notifying the public
that the CIT’s final judgment is not in
harmony with Commerce’s final results
of the administrative review, and that
Commerce is amending the final results
with respect to the dumping margin
assigned to BlueScope Steel Ltd. (BSL)
and its affiliate BlueScope Steel (AIS)
Pty (collectively, BlueScope).
DATES: Applicable September 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6274.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 30, 2019, Commerce
published its Final Results in the 2016–
2017 AD administrative review of hotrolled steel from Australia.1 Commerce
applied facts otherwise available, with
an adverse inference, pursuant to
sections 776(a) and (b) of the Tariff Act
1 See Certain Hot-Rolled Steel Flat Products from
Australia: Final Results of Antidumping Duty
Administrative Review; 2016–2017, 84 FR 18241
(April 30, 2019) (Final Results), and accompanying
Issues and Decision Memorandum.
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Frm 00011
Fmt 4703
Sfmt 4703
of 1930, as amended (the Act) to
BlueScope because it provided deficient
responses and failed to provide
information in the manner and form
requested, thereby significantly
impeding the administrative review and
failed to cooperate to the best of its
ability with Commerce’s request for
information. BlueScope appealed
Commerce’s Final Results. On
November 30, 2021, the CIT remanded
the Final Results to Commerce to
reexamine the record in this case, as
well as the use of facts available with
respect to BlueScope.2
In its remand redetermination, issued
in April 2022, Commerce reevaluated
the information on the record and
issued a supplemental questionnaire to
BlueScope identifying the deficiencies
in its previous responses. Based on
BlueScope’s supplemental response, we
recalculated the period of review
weighted-average dumping margin for
BlueScope consistent with record
evidence.3 The CIT sustained
Commerce’s Final Redetermination.4
Timken Notice
In its decision in Timken,5 as clarified
by Diamond Sawblades,6 the U.S. Court
of Appeals for the Federal Circuit held
that, pursuant to sections 516A(c) and
(e) of the Act, Commerce must publish
a notice of a court decision that is not
‘‘in harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
August 30, 2022, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final
Results. Thus, this notice is published
in fulfillment of the publication
requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to BlueScope
as follows:
2 See BlueScope Steel Ltd. v. United States, 548
F. Supp. 3d 1351 at 1369 (CIT 2021).
3 See Final Results of Redetermination Pursuant
to Court Remand, BlueScope Steel LTD. v. United
States, Court No. 19–00057, Slip Op. 21–160, dated
April 12, 2022, available at https://access.trade.gov/
Resources/remands/21-160.pdf (Final
Redetermination).
4 See BlueScope Steel Ltd. v. United States, Court
No. 19–00057, Slip Op. 22–102 (CIT August 30,
2022).
5 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
6 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
E:\FR\FM\19SEN1.SGM
19SEN1
]]>Agencies
[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Notices]
[Pages 57176-57178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20169]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-815]
Oil Country Tubular Goods From Ukraine: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that sales of oil country tubular goods (OCTG) from Ukraine were made
at less than normal value during the period of review (POR) July 1,
2020, through June 30, 2021. We invite interested parties to comment on
these preliminary results.
DATES: Applicable September 19, 2022.
FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
On July 16, 2019, Commerce published in the Federal Register the
antidumping duty order on OCTG from Ukraine.\1\ On July 1, 2021,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order on OCTG from Ukraine for
the POR July 1, 2020, through June 30, 2021.\2\ On September 7, 2021,
based on timely requests for review, Commerce initiated an
administrative review of the Order.\3\ The domestic interested parties
are: Maverick Tube Corporation; Tenaris Bay City, Inc.; IPSCO Tubulars
Inc.; and United States Steel Corporation. This review covers the sole
mandatory respondent, Interpipe.\4\
---------------------------------------------------------------------------
\1\ See Termination of the Suspension Agreement on Certain Oil
Country Tubular Goods from Ukraine, Rescission of Administrative
Review, and Issuance of Antidumping Duty Order, 84 FR 33918 (July
16, 2019) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 35065 (July 1, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021).
\4\ In the most recent administrative review of this proceeding,
we treated the following companies as a single entity: Interpipe
Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky
Tube Rolling Plant; LLC Interpipe Niko Tube (collectively,
Interpipe). See Oil Country Tubular Goods from Ukraine: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR
43522 (August 9, 2021), and accompanying Preliminary Decision
Memorandum, at ``Affiliation and Collapsing,'' unchanged in Oil
Country Tubular Goods from Ukraine: Final Results of Antidumping
Duty Administrative Review; 2019-2020, 87 FR 7801 (February 10,
2022), and accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
On April 13, 2022, we extended the deadline for the preliminary
results of this review by 61 days in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213(h)(2).\5\ On June 27, 2022, Commerce further extended the
deadline for the preliminary results by an additional 59 days.\6\ For
details regarding the events that occurred subsequent to the initiation
of the review, see the Preliminary Decision Memorandum.\7\ A list of
topics discussed in the Preliminary Decision Memorandum is included in
the appendix 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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, 2020-2021,''
dated April 13, 2022.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, 2020-2021,''
dated June 27, 2022.
\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2020-2021 Administrative Review of the Antidumping
Duty Order on Oil Country Tubular Goods from Ukraine,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise under review is certain OCTG from Ukraine, 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 Order also covers OCTG coupling stock. For a full description of
the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export price has been calculated in
accordance with section 772 of the Act and normal value was calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum.
[[Page 57177]]
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period July 1, 2020, through June
30, 2021:
------------------------------------------------------------------------
Weighted-
average dumping
Producer and/or exporter margin
(percent)
------------------------------------------------------------------------
Interpipe Europe S.A./Interpipe Ukraine LLC/PJSC 1.59
Interpipe Niznedneprovsky Tube Rolling Plant/LLC
Interpipe Niko Tube...................................
------------------------------------------------------------------------
Disclosure
Commerce will disclose calculations performed for these preliminary
results to the parties within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs, or other written comments, may be submitted to the
Assistant Secretary for Enforcement and Compliance through ACCESS no
later than seven days after the date on which the final verification
report is issued in this proceeding.\8\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\9\ Parties who submit case or
rebuttal briefs in this proceeding 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. Case and rebuttal briefs
should be filed using ACCESS \10\ and must be served on interested
parties.\11\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\12\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect)'').
\10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
\11\ See 19 CFR 351.303(f).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, within 30 days of the date of publication of this
notice.\13\ Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a date
and time to be determined.\14\ Parties should confirm the date, time,
and location of the hearing two days before the scheduled date.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case and rebuttal briefs, within 120 days of publication
of these preliminary results in the Federal Register, unless extended,
pursuant to section 751(a)(3)(A) of the Act.
Verification
On December 16, 2021, the domestic interested parties requested,
pursuant to 19 CFR 351.307(b)(1)(v), that Commerce conduct verification
of the questionnaire responses submitted in this administrative
review.\15\ As provided in section 782(i)(1) of the Act, Commerce
intends to verify the information relied upon in making its final
determination for Interpipe.
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\15\ See Domestic Interested Parties' Letter, ``Oil Country
Tubular Goods from Ukraine: Request for On-Site Verification,''
dated December 16, 2021.
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Assessment Rates
Upon issuing the final results of this review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\16\ If the weighted-average dumping margin for Interpipe (i.e.,
the sole individually-examined respondent in this review) is not zero
or de minimis (i.e., greater than or equal to 0.5 percent) in the final
results of this review, we will calculate importer-specific ad valorem
assessment rates for the merchandise based on the ratio of the total
amount of dumping calculated for the examined sales made during the POR
to each importer and the total entered value of those same sales, in
accordance with 19 CFR 351.212(b)(1). Where an importer-specific ad
valorem assessment rate is zero or de minimis in the final results of
the review, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.\17\ If Interpipe's weighted-
average dumping margin is zero or de minimis in the final results of
the review, we will instruct CBP not to assess duties on any of its
entries in accordance with the Final Modification for Reviews, i.e.,
``{w{time} here the weighted-average margin of dumping for the exporter
is determined to be zero or de minimis, no antidumping duties will be
assessed.'' \18\
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\16\ See 19 CFR 351.212(b)(1).
\17\ See 19 CFR 351.106(c)(2).
\18\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Interpipe
for which the producer did not know its merchandise was destined for
the United States, we will instruct CBP to liquidate those entries at
the all-others rate (i.e., 7.47 percent) \19\ if there is no rate for
the intermediate company (or companies) involved in the
transaction.\20\
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\19\ See Order, 84 FR at 33919.
\20\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments
[[Page 57178]]
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date of the final results of
this administrative review, as provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for Interpipe will be equal to the
weighted-average dumping margin established in the final results of
this administrative review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, a prior review, or in the less-than-fair-value
investigation (LTFV) but the producer is, the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
the all-others rate of 7.47 percent, the rate established in the LTFV
investigation of this proceeding.\21\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\21\ See Order, 84 FR at 33919.
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Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2).
Dated: September 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Treatment of Duties Under Section 232 of the Trade Expansion Act
of 1962
VI. Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2022-20169 Filed 9-16-22; 8:45 am]
BILLING CODE 3510-DS-P
