Oil Country Tubular Goods From Mexico: Final Affirmative Determinations of Sales at Less Than Fair Value and Critical Circumstances, 59041-59043 [2022-21170]
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Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices
office at the above email or street
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DEPARTMENT OF COMMERCE
International Trade Administration
Agenda
[A–201–856]
I. Welcome and Roll Call
II. Approval of Minutes
III. Committee Discussion
IV. Public Comment
V. Adjournment
Oil Country Tubular Goods From
Mexico: Final Affirmative
Determinations of Sales at Less Than
Fair Value and Critical Circumstances
[FR Doc. 2022–21177 Filed 9–28–22; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–137–2022]
Approval of Expansion of Subzone
61Z; Oldach Associates, LLC; Catan˜o,
Puerto Rico
khammond on DSKJM1Z7X2PROD with NOTICES
On August 8, 2022, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the Department of
Economic Development and Commerce,
grantee of FTZ 61, requesting an
expansion of Subzone 61Z subject to the
existing activation limit of FTZ 61, on
behalf of Oldach Associates, LLC, in
Catan˜o, Puerto Rico.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (87 FR 49580, August 11,
2022). The FTZ staff examiner reviewed
the application and determined that it
meets the criteria for approval.
Pursuant to the authority delegated to
the FTZ Board Executive Secretary (15
CFR 400.36(f)), the application to
expand Subzone 61Z was approved on
September 26, 2022, subject to the FTZ
Act and the Board’s regulations,
including section 400.13, and further
subject to FTZ 61’s 1,821.07-acre
activation limit.
Dated: September 26, 2022.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2022–21115 Filed 9–28–22; 8:45 am]
BILLING CODE 3510–DS–P
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17:52 Sep 28, 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of oil country tubular goods
(OCTG) from Mexico are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) during the
period of investigation October 1, 2020,
through September 30, 2021.
DATES: Applicable September 29, 2022.
FOR FURTHER INFORMATION CONTACT:
Emily Bradshaw or 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) 482–3896 or (202) 482–5760,
respectively.
AGENCY:
David Mussatt,
Supervisory Chief, Regional Programs Unit.
Jkt 256001
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2022, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of OCTG from
Mexico, in which it also postponed the
final determination until September 23,
2022.1 We invited interested parties to
comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.2
Scope of the Investigation
The products covered by this
investigation are OCTG from Mexico.
For a complete description of the scope
of this investigation, see appendix I.
1 See Oil Country Tubular Goods from Mexico:
Preliminary Affirmative Determinations of Sales at
Less Than Fair Value and Critical Circumstances,
Postponement of Final Determination, and
Extension of Provisional Measures, 87 FR 28808
(May 11, 2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Oil Country Tubular Goods
from Mexico: Issues and Decision Memorandum for
the Final Affirmative Determinations of Sales at
Less Than Fair Value and Critical Circumstances,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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59041
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
as appendix II. The Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Verification
Commerce was unable to conduct onsite verifications of the information
relied upon in making its final
determination in this investigation for
reasons beyond its control. However, we
conducted virtual verifications in lieu of
on-site verifications to verify the
information relied upon in making this
final determination, in accordance with
section 782(i) of the Tariff Act of 1930,
as amended (the Act). Specifically,
Commerce conducted virtual
verifications of the home market sales,
U.S. sales, cost of production, and
further manufacturing responses
submitted by Tubos de Acero de
Mexico, S.A. (TAMSA).
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and additional
information obtained since the
Preliminary Determination, we made
certain changes to the margin
calculation for this final determination.
For a discussion of these changes, see
the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act, i.e., facts otherwise available.
In this investigation, Commerce
calculated an individual estimated
weighted-average dumping margin for
the sole mandatory respondent,
TAMSA, that is not zero, de minimis, or
E:\FR\FM\29SEN1.SGM
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59042
Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices
based entirely on facts otherwise
available. Consequently, Commerce
assigned the estimated weighted-average
dumping margin calculated for TAMSA
to all other producers and exporters of
the merchandise under consideration,
pursuant to section 735(c)(5)(A) of the
Act.
Final Affirmative Determination of
Critical Circumstances
In accordance with section 735(a)(3)
of the Act and 19 CFR 351.206,
Commerce continues to find that critical
circumstances exist for all companies in
Mexico. For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Issues and Decision Memorandum.3
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist for the period
October 1, 2020, through September 30,
2021:
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
Tubos de Acero de Mexico, S.A
44.93 its final affirmative determination of
All Others ....................................
44.93 sales at LTFV. Because the final
determination in this investigation is
Disclosure
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
Commerce intends to disclose its
its final determination as to whether the
calculations and analysis performed to
domestic industry in the United States
interested parties in this final
is materially injured, or threatened with
determination within five days of any
material injury, by reason of imports or
public announcement or, if there is no
sales (or the likelihood of sales) for
public announcement, within five days
importation of OCTG no later than 45
of the date of publication of this notice,
days after this final determination. If the
in accordance with 19 CFR 351.224(b).
ITC determines that such injury does
Continuation of Suspension of
not exist, this proceeding will be
Liquidation
terminated, all cash deposits posted will
In accordance with section
be refunded, and suspension of
735(c)(1)(B) of the Act, Commerce will
liquidation will be lifted. If the ITC
instruct U.S. Customs and Border
determines that such injury does exist,
Protection (CBP) to continue to suspend Commerce will issue an antidumping
liquidation of all entries of subject
duty order directing CBP to assess, upon
merchandise, as described in Appendix further instruction by Commerce,
I of this notice, which were entered, or
antidumping duties on all imports of the
withdrawn from warehouse, for
subject merchandise entered, or
consumption on or after May 11, 2022,
withdrawn from warehouse, for
the date of publication of the
consumption on or after the effective
Preliminary Determination in the
date of the suspension of liquidation, as
Federal Register. Further, in accordance discussed in the ‘‘Continuation of
with 735(c)(4) of the Act, Commerce
Suspension of Liquidation’’ section
will instruct CBP to continue to suspend above.
liquidation of all entries of subject
merchandise, as described in Appendix Administrative Protective Order
This notice serves as the only
I of this notice, which were entered, or
reminder to parties subject to an
withdrawn from warehouse, for
administrative protective order (APO) of
consumption on or after February 10,
their responsibility concerning the
3 See Issues and Decision Memorandum at 3–4.
disposition of proprietary information
Exporter/producer
khammond on DSKJM1Z7X2PROD with NOTICES
Estimated
weightedaverage
dumping
margin
(percent)
2022, which is 90 days before the date
of publication of the Preliminary
Determination in the Federal Register.
These suspension of liquidation
instructions will remain in effect until
further notice.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), upon
the publication of this notice, we will
instruct CBP to require a cash deposit
for estimated antidumping duties for
such entries as follows: (1) the cash
deposit rate for the respondent listed in
the table above is the company-specific
estimated weighted-average dumping
margin listed for the respondent in the
table; (2) if the exporter is not the
respondent listed in the table above, but
the producer is, then the cash deposit
rate is the company-specific estimated
weighted-average dumping margin
listed for the producer of the subject
merchandise in the table above; and (3)
the cash deposit rate for all other
producers and exporters is the all-others
estimated weighted-average dumping
margin listed in the table above.
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17:52 Sep 28, 2022
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disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: September 23, 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 this
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.
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Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary
Determination
V. Final Affirmative Determination of Critical
Circumstances
VI. Discussion of the Issues
Comment 1: U.S. Indirect Selling Expenses
(ISE) Incurred in a Third Country
Comment 2: Constructed Export Price
(CEP) Offset
Comment 3: Additional Coupling Code
Comment 4: Additional Thread Codes
Comment 5: U.S. Early Payment Discounts
Comment 6: U.S. Inventory Carrying Costs
Comment 7: Affiliated Raw Material Input
Purchases for Further Manufacturing
(FM)
Comment 8: FM Yield Losses
Comment 9: Research and Development
(R&D) Expenses
Comment 10: Virtual Verification
VII. Recommendation
[FR Doc. 2022–21170 Filed 9–28–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–010, C–570–011]
khammond on DSKJM1Z7X2PROD with NOTICES
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Notice of Initiation of
Changed Circumstances Reviews, and
Consideration of Revocation of the
Antidumping and Countervailing Duty
Orders, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from
Shenzhen Hello Tech Energy Co., Ltd.
(Hello Tech), the U.S. Department of
Commerce (Commerce) is initiating
changed circumstances reviews (CCR) to
AGENCY:
VerDate Sep<11>2014
17:52 Sep 28, 2022
Jkt 256001
consider the possible revocation, in
part, of the antidumping duty (AD) and
countervailing duty (CVD) orders on
certain crystalline silicon photovoltaic
products (solar products) from the
People’s Republic of China (China) with
respect to certain off-grid small portable
crystalline silicon photovoltaic (CSPV)
panels as described below.
DATES: Applicable September 29, 2022.
FOR FURTHER INFORMATION CONTACT:
Daniel Alexander, 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) 482–4313.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce
published the AD and CVD orders on
solar products from China.1 On August
8, 2022, Hello Tech, a Chinese producer
and exporter of subject merchandise,
requested, through CCRs, revocation of
the Orders, in part, with respect to
CSPV panels, pursuant to section
751(b)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.216(b).2 Within Hello Tech’s CCR
request, Hello Tech included a letter
from the American Alliance for Solar
Manufacturing (the Alliance), a U.S.
producer of the domestic like product
and a petitioner in the underlying
investigations, in which the Alliance
stated that it did not oppose the partial
revocation of the Orders proposed by
Hello Tech.3 No interested parties filed
comments opposing the CCR request.
Scope of the Orders
The merchandise covered by these
Orders is modules, laminates and/or
panels consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including building integrated
materials. For purposes of these Orders,
subject merchandise includes modules,
laminates and/or panels assembled in
China consisting of crystalline silicon
photovoltaic cells produced in a
customs territory other than China.
Subject merchandise includes
modules, laminates and/or panels
1 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 Fr 8592 (February
18, 2015) (Orders).
2 See Hello Tech’s Letter, ‘‘Certain Crystalline
Silicon Photovoltaic Products from the People’s
Republic of China: Hello Tech’s Resubmitted
Request for Changed Circumstances Reviews,’’
dated August 8, 2022 (CCR Request).
3 Id. at Exhibit 7.
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59043
assembled in China consisting of
crystalline silicon photovoltaic cells of
thickness equal to or greater than 20
micrometers, having a p/n junction
formed by any means, whether or not
the cell has undergone other processing,
including, but not limited to, cleaning,
etching, coating, and/or addition of
addition of materials (including, but not
limited to, metallization and conductor
patterns) to collect and forward the
electricity that is generated by the cell.
Excluded from the scope of the Orders
are thin film photovoltaic products
produced from amorphous silicon (a-Si),
cadmium telluride (CdTe), or copper
indium gallium selenide (CIGS). Also
excluded from the scope of these Orders
are modules, laminates and/or panels
assembled in China, consisting of
crystalline silicon photovoltaic cells,
not exceeding 10,000 mm2 in surface
area, that are permanently integrated
into a consumer good whose function is
other than power generation and that
consumes the electricity generated by
the integrated crystalline silicon
photovoltaic cells. Where more than one
module, laminate and/or panel is
permanently integrated into a consumer
good, the surface area for purposes of
this exclusion shall be the total
combined surface area of all modules,
laminates and/or panels that are
integrated into the consumer good.
Further, also excluded from the scope
of these Orders are any products
covered by the existing antidumping
and countervailing duty orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules,
laminates and/or panels, from China.
Additionally, excluded from the
scope of these Orders are solar panels
that are: (1) less than 300,000 mm2 in
surface area; (2) less than 27.1 watts in
power; (3) coated across their entire
surface with a polyurethane doming
resin; and (4) joined to a battery
charging and maintaining unit (which is
an acrylonitrile butadiene styrene (ABS)
box that incorporates a light emitting
diode (LED)) by coated wires that
include a connector to permit the
incorporation of an extension cable. The
battery charging and maintaining unit
utilizes high-frequency triangular pulse
waveforms designed to maintain and
extend the life of batteries through the
reduction of lead sulfate crystals. The
above-described battery charging and
maintaining unit is currently available
under the registered trademark
‘‘SolarPulse.’’
Also excluded from the scope of these
Orders are off-grid crystalline silicon
photovoltaic panels without a glass
cover with the following characteristics:
(1) total power output of 500 watts or
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Agencies
[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59041-59043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21170]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-856]
Oil Country Tubular Goods From Mexico: Final Affirmative
Determinations of Sales at Less Than Fair Value and Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of oil country tubular goods (OCTG) from Mexico are being, or
are likely to be, sold in the United States at less than fair value
(LTFV) during the period of investigation October 1, 2020, through
September 30, 2021.
DATES: Applicable September 29, 2022.
FOR FURTHER INFORMATION CONTACT: Emily Bradshaw or 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) 482-3896 or (202)
482-5760, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2022, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of OCTG
from Mexico, in which it also postponed the final determination until
September 23, 2022.\1\ We invited interested parties to comment on the
Preliminary Determination. A summary of the events that occurred since
Commerce published the Preliminary Determination, as well as a full
discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Oil Country Tubular Goods from Mexico: Preliminary
Affirmative Determinations of Sales at Less Than Fair Value and
Critical Circumstances, Postponement of Final Determination, and
Extension of Provisional Measures, 87 FR 28808 (May 11, 2022)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Oil Country Tubular Goods from Mexico:
Issues and Decision Memorandum for the Final Affirmative
Determinations of Sales at Less Than Fair Value and Critical
Circumstances,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are OCTG from Mexico.
For a complete description of the scope of this investigation, see
appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as appendix II. The
Issues and 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 Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Verification
Commerce was unable to conduct on-site verifications of the
information relied upon in making its final determination in this
investigation for reasons beyond its control. However, we conducted
virtual verifications in lieu of on-site verifications to verify the
information relied upon in making this final determination, in
accordance with section 782(i) of the Tariff Act of 1930, as amended
(the Act). Specifically, Commerce conducted virtual verifications of
the home market sales, U.S. sales, cost of production, and further
manufacturing responses submitted by Tubos de Acero de Mexico, S.A.
(TAMSA).
Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since the Preliminary Determination, we made
certain changes to the margin calculation for this final determination.
For a discussion of these changes, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act, i.e., facts otherwise available.
In this investigation, Commerce calculated an individual estimated
weighted-average dumping margin for the sole mandatory respondent,
TAMSA, that is not zero, de minimis, or
[[Page 59042]]
based entirely on facts otherwise available. Consequently, Commerce
assigned the estimated weighted-average dumping margin calculated for
TAMSA to all other producers and exporters of the merchandise under
consideration, pursuant to section 735(c)(5)(A) of the Act.
Final Affirmative Determination of Critical Circumstances
In accordance with section 735(a)(3) of the Act and 19 CFR 351.206,
Commerce continues to find that critical circumstances exist for all
companies in Mexico. For a full description of the methodology and
results of Commerce's critical circumstances analysis, see the Issues
and Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ See Issues and Decision Memorandum at 3-4.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period October 1, 2020, through September
30, 2021:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Tubos de Acero de Mexico, S.A............................... 44.93
All Others.................................................. 44.93
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of this notice, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of subject merchandise, as described
in Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after May 11, 2022, the date of
publication of the Preliminary Determination in the Federal Register.
Further, in accordance with 735(c)(4) of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all entries of
subject merchandise, as described in Appendix I of this notice, which
were entered, or withdrawn from warehouse, for consumption on or after
February 10, 2022, which is 90 days before the date of publication of
the Preliminary Determination in the Federal Register. These suspension
of liquidation instructions will remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for the respondent listed
in the table above is the company-specific estimated weighted-average
dumping margin listed for the respondent in the table; (2) if the
exporter is not the respondent listed in the table above, but the
producer is, then the cash deposit rate is the company-specific
estimated weighted-average dumping margin listed for the producer of
the subject merchandise in the table above; and (3) the cash deposit
rate for all other producers and exporters is the all-others estimated
weighted-average dumping margin listed in the table above.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of OCTG no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).
Dated: September 23, 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), 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 this 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.
[[Page 59043]]
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Final Affirmative Determination of Critical Circumstances
VI. Discussion of the Issues
Comment 1: U.S. Indirect Selling Expenses (ISE) Incurred in a
Third Country
Comment 2: Constructed Export Price (CEP) Offset
Comment 3: Additional Coupling Code
Comment 4: Additional Thread Codes
Comment 5: U.S. Early Payment Discounts
Comment 6: U.S. Inventory Carrying Costs
Comment 7: Affiliated Raw Material Input Purchases for Further
Manufacturing (FM)
Comment 8: FM Yield Losses
Comment 9: Research and Development (R&D) Expenses
Comment 10: Virtual Verification
VII. Recommendation
[FR Doc. 2022-21170 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-DS-P