Oil Country Tubular Goods From Argentina: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 59054-59056 [2022-21184]
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59054
Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices
Eastern Time on the due dates set forth
in this notice. Note that Commerce has
temporarily modified certain
requirements for serving documents
containing business proprietary
information, until further notice.11
Preliminary and Final Results of the
CCRs
Commerce intends to publish in the
Federal Register a notice of the
preliminary results of these AD and
CVD CCRs in accordance with 19 CFR
351.221(b)(4) and (c)(3)(i). Commerce
will set forth its preliminary factual and
legal conclusions in that notice. Unless
extended, Commerce will issue the final
results of these CCRs in accordance with
the time limits set forth in 19 CFR
351.216(e).
Notification to Interested Parties
This initiation notice is published in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.221(b)(1).
Dated: September 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–21155 Filed 9–28–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–824]
Oil Country Tubular Goods From
Argentina: Final Affirmative
Determination of Sales at Less Than
Fair Value and Final Negative
Determination of Critical
Circumstances
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 Argentina 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:
Dmitry Vladimirov, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0665.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
17:52 Sep 28, 2022
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
Argentina, 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 may be found in the
Issues and Decision Memorandum.2
Commerce performed virtual
verifications of the cost of production
response, home market and U.S. sales
responses, as well as a furthermanufacturing cost response.3
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the margin calculations for
this final determination. For a
discussion of these changes, see the
‘‘Changes from the Preliminary
Determination’’ section of the Issues and
Decision Memorandum.
Scope of the Investigation
The product covered by this
investigation is OCTG from Argentina.
For a complete description of the scope
of this investigation, see appendix I.
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
Analysis of Comments Received
to the weighted average of the estimated
All issues raised in the case and
weighted-average dumping margins
rebuttal briefs that were submitted by
established for exporters and producers
parties in this investigation are
individually investigated excluding
addressed in the Issues and Decision
rates that are zero, de minimis, or
Memorandum. A list of the issues
determined entirely under section 776
addressed in the Issues and Decision
of the Act (i.e., facts otherwise
Memorandum is attached to this notice
available). Commerce calculated an
at appendix II. The Issues and Decision
individual estimated weighted-average
Memorandum is a public document and
dumping margin for Siderca S.A.I.C.
is on file electronically via Enforcement
(Siderca), the only individually
and Compliance’s Antidumping and
examined producer or exporter in this
Countervailing Duty Centralized
investigation. Because the only
Electronic Service System (ACCESS).
individually calculated estimated
ACCESS is available to registered users
weighted-average dumping margin is
at https://access.trade.gov. In addition, a
not zero, de minimis, or based entirely
complete version of the Issues and
on facts otherwise available, the
Decision Memorandum can be accessed
estimated weighted-average dumping
directly at https://access.trade.gov/
margin calculated for all other
public/FRNoticesListLayout.aspx.
producers and/or exporters is equal to
the estimated weighted-average
Verification
Commerce was unable to conduct on- dumping margin calculated for the
single examined respondent, Siderca,
site verification of the information
pursuant to section 735(c)(5)(A) of the
relied upon in making its final
Act.
determination in this investigation.
However, in June 2022, we took
Final Negative Determination of
additional steps in lieu of on-site
Critical Circumstances
verifications to verify the information
In accordance with section 735(a)(3)
relied upon in making this final
of the Act and 19 CFR 351.206(h),
determination, in accordance with
Commerce finds that critical
section 782(i) of the Tariff Act of 1930,
as amended (the Act). Specifically,
3 See Memoranda, ‘‘Verification of the Sales
1 See
Oil Country Tubular Goods from Argentina:
Preliminary Affirmative Determinations of Sales at
Less Than Fair Value and Critical Circumstances,
Postponement of Final Determination, and
Extension of Provisional Measures, 87 FR 28801
(May 11, 2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Oil Country Tubular Goods from
Argentina, and Final Negative Determination of
Critical Circumstances,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
Questionnaire Response of Siderca S.A.I.C. in the
Less-Than-Fair-Value Investigation of Oil Country
Tubular Goods from Argentina,’’ dated June 30
2022; ‘‘Verification of the Sales Questionnaire
Response of Tenaris Global Services (U.S.A.)
Corporation in the Less-Than-Fair-Value
Investigation of Oil Country Tubular Goods from
Argentina,’’ dated June 30, 2022; ‘‘Virtual
Verification of the Further Manufacturing Cost
Response of Siderca S.A.I.C. in the Antidumping
Duty Investigation of Oil Country Tubular Goods
from Argentina,’’ dated July 28, 2022; and ‘‘Virtual
Verification of the Cost of Manufacturing Response
of Siderca S.A.I.C. in the Antidumping Duty
Investigation of Oil Country Tubular Goods from
Argentina,’’ dated July 28, 2022.
E:\FR\FM\29SEN1.SGM
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Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices
circumstances do not exist for all
companies in Argentina. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, see the ‘‘Final
Negative Determination of Critical
Circumstances’’ section of the Issues
and Decision Memorandum.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter or producer
Siderca S.A.I.C ...........................
All Others ....................................
78.30
78.30
khammond on DSKJM1Z7X2PROD with NOTICES
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 the
suspension of liquidation of all
appropriate 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 this
investigation 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), 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 companies listed
above will be equal to the respondentspecific estimated weighted-average
dumping margin determined in this
final determination; (2) if the exporter is
not a company identified above but the
producer is identified above, then the
cash deposit rate will be equal to the
respondent-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
VerDate Sep<11>2014
17:52 Sep 28, 2022
Jkt 256001
estimated weighted-average dumping
margin.
As noted above, Commerce finds that
critical circumstances do not exist for
imports of OCTG from Argentina
produced and exported by all
companies. In accordance with section
735(c)(3) of the Act, Commerce will
instruct CBP to terminate any
retroactive suspension of liquidation
required under section 733(e)(2) of the
Act, and release any bond or other
security, and refund any cash deposit
required, under section 733(d)(1)(B) of
the Act, with respect to entries of the
merchandise the liquidation of which
was suspended retroactively under
section 733(e)(2) of the Act before May
11, 2022.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination 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, and 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
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 above in the ‘‘Suspension of
Liquidation’’ section.
Administrative Protective Order
This notice will serve as a final
reminder to the parties subject to
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.
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59055
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) 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 the
investigation are: casing, tubing, or coupling
stock containing 10.5 percent or more by
weight of chromium; drill pipe; unattached
couplings; and unattached thread protectors.
The merchandise subject to this
investigation is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under item numbers:
7304.29.1010, 7304.29.1020, 7304.29.1030,
7304.29.1040, 7304.29.1050, 7304.29.1060,
7304.29.1080, 7304.29.2010, 7304.29.2020,
7304.29.2030, 7304.29.2040, 7304.29.2050,
7304.29.2060, 7304.29.2080, 7304.29.3110,
7304.29.3120, 7304.29.3130, 7304.29.3140,
7304.29.3150, 7304.29.3160,7304.29.3180,
7304.29.4110, 7304.29.4120, 7304.29.4130,
7304.29.4140, 7304.29.4150, 7304.29.4160,
7304.29.4180, 7304.29.5015, 7304.29.5030,
7304.29.5045, 7304.29.5060, 7304.29.5075,
7304.29.6115, 7304.29.6130, 7304.29.6145,
7304.29.6160, 7304.29.6175, 7305.20.2000,
7305.20.4000, 7305.20.6000, 7305.20.8000,
7306.29.1030, 7306.29.1090, 7306.29.2000,
7306.29.3100, 7306.29.4100, 7306.29.6010,
7306.29.6050, 7306.29.8110, and
7306.29.8150.
The merchandise subject to this
investigation may also enter under the
following HTSUS item numbers:
7304.39.0024, 7304.39.0028, 7304.39.0032,
7304.39.0036, 7304.39.0040, 7304.39.0044,
7304.39.0048, 7304.39.0052, 7304.39.0056,
7304.39.0062, 7304.39.0068, 7304.39.0072,
7304.39.0076, 7304.39.0080, 7304.59.6000,
E:\FR\FM\29SEN1.SGM
29SEN1
59056
Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices
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. Changes from the Preliminary
Determination
IV. Final Negative Determination of Critical
Circumstances
V. Discussion of the Issues
Comment 1: Constructed Export Price
(CEP) Offset
Comment 2: Third-Country Indirect Selling
Expenses (ISE)
Comment 3: Research and Development
(R&D) Expenses for Further
Manufacturing Costs
VI. Recommendation
[FR Doc. 2022–21184 Filed 9–28–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–913]
Oil Country Tubular Goods From the
Republic of Korea: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
oil country tubular goods (OCTG) from
the Republic of Korea (Korea). The
period of investigation is January 1,
2020, through December 31, 2020.
DATES: Applicable September 29, 2022.
FOR FURTHER INFORMATION CONTACT:
Jacob Garten or Melissa Porpotage, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3342 or (202) 482–1413,
respectively.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2022, Commerce
published the Preliminary
VerDate Sep<11>2014
17:52 Sep 28, 2022
Jkt 256001
Determination in the Federal Register.1
For a complete description of the events
that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2 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.
Scope of the Investigation
The products covered by this
investigation are OCTG from Korea. For
a complete description of the scope of
this investigation, see appendix I.
Scope Comments
On March 7, 2022, concurrent with
the issuance of the Preliminary
Determination, we issued a Preliminary
Scope Memorandum.3 In the
Preliminary Scope Decision
Memorandum, Commerce established
the deadline for parties to submit scope
case briefs.4 Commerce did not receive
any comments from interested parties
regarding the scope by the deadline.
Consequently, we made no changes to
the scope from the Preliminary Scope
Decision Memorandum.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs by parties in
this investigation, are discussed in the
Issues and Decision Memorandum. For
a list of the issues raised by parties, and
to which we responded in the Issues
and Decision Memorandum, see
appendix II of this notice.
1 See Oil Country Tubular Goods from the
Republic of Korea: Preliminary Negative
Countervailing Duty Determination and Alignment
of Final Determination with Final Antidumping
Duty Determination, 87 FR 14248 (March 14, 2022)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Decision Memorandum for
the Final Determination of the Countervailing Duty
Investigation of Oil Country Tubular Goods from
the Republic of Korea,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Memorandum, ‘‘Antidumping Duty
Investigations of Oil Country Tubular Goods from
Argentina, Mexico, and the Russian Federation and
Countervailing Duty Investigations of Oil Country
Tubular Goods from the Republic of Korea, and the
Russian Federation: Preliminary Scope Decision
Memorandum,’’ dated March 7, 2022 (Preliminary
Scope Memorandum).
4 Id. at 4.
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Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found to be
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient
and that the subsidy is specific.5 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce relied, in part, on facts
otherwise available, including adverse
facts available (AFA), pursuant to
sections 776(a) and (b) of the Act. For
a full discussion of our application of
AFA, see the section ‘‘Use of Facts
Available and Adverse Inferences’’ in
the accompanying Issues and Decision
Memorandum.
Verification
As provided in section 782(i) of the
Act, in August 2022, Commerce verified
the subsidy information reported by
Hyundai Steel Company (Hyundai
Steel),6 SeAH Steel Corporation (SeAH
Steel), and the Government of Korea.
We used standard verification
procedures, including an examination of
relevant accounting records and original
source documents provided by the
respondents.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the information received at verification
and comments received from parties, we
made certain changes to the subsidy rate
calculations for Hyundai Steel and
SeAH Steel. As a result of these
changes, Commerce also revised the allothers rate. For a discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we
calculated an individual estimated
countervailable subsidy rate for the two
mandatory respondents, Hyundai Steel
and SeAH Steel. Section 705(c)(5)(A)(i)
of the Act states that, for companies not
individually investigated, Commerce
will determine an all-others rate equal
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
6 Hyundai Steel Company is the same respondent
from the Preliminary Determination, where we
incorrectly stated the company’s name as Hyundai
Steel Corporation.
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]]>Agencies
[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59054-59056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21184]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-824]
Oil Country Tubular Goods From Argentina: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Negative
Determination of 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 Argentina 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: Dmitry Vladimirov, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2022, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of OCTG
from Argentina, 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 may be found in
the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Oil Country Tubular Goods from Argentina: Preliminary
Affirmative Determinations of Sales at Less Than Fair Value and
Critical Circumstances, Postponement of Final Determination, and
Extension of Provisional Measures, 87 FR 28801 (May 11, 2022)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Oil Country Tubular Goods from Argentina, and Final
Negative Determination of Critical Circumstances,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is OCTG from Argentina.
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 that were
submitted by 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 at 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 verification of the
information relied upon in making its final determination in this
investigation. However, in June 2022, we took additional steps 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
performed virtual verifications of the cost of production response,
home market and U.S. sales responses, as well as a further-
manufacturing cost response.\3\
---------------------------------------------------------------------------
\3\ See Memoranda, ``Verification of the Sales Questionnaire
Response of Siderca S.A.I.C. in the Less-Than-Fair-Value
Investigation of Oil Country Tubular Goods from Argentina,'' dated
June 30 2022; ``Verification of the Sales Questionnaire Response of
Tenaris Global Services (U.S.A.) Corporation in the Less-Than-Fair-
Value Investigation of Oil Country Tubular Goods from Argentina,''
dated June 30, 2022; ``Virtual Verification of the Further
Manufacturing Cost Response of Siderca S.A.I.C. in the Antidumping
Duty Investigation of Oil Country Tubular Goods from Argentina,''
dated July 28, 2022; and ``Virtual Verification of the Cost of
Manufacturing Response of Siderca S.A.I.C. in the Antidumping Duty
Investigation of Oil Country Tubular Goods from Argentina,'' dated
July 28, 2022.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to the margin calculations for this final determination. For a
discussion of these changes, see the ``Changes from the Preliminary
Determination'' section of 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
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act (i.e., facts otherwise available). Commerce calculated an
individual estimated weighted-average dumping margin for Siderca
S.A.I.C. (Siderca), the only individually examined producer or exporter
in this investigation. Because the only individually calculated
estimated weighted-average dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for all other producers and/or
exporters is equal to the estimated weighted-average dumping margin
calculated for the single examined respondent, Siderca, pursuant to
section 735(c)(5)(A) of the Act.
Final Negative Determination of Critical Circumstances
In accordance with section 735(a)(3) of the Act and 19 CFR
351.206(h), Commerce finds that critical
[[Page 59055]]
circumstances do not exist for all companies in Argentina. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the ``Final Negative Determination of
Critical Circumstances'' section of the Issues and Decision Memorandum.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Siderca S.A.I.C............................................. 78.30
All Others.................................................. 78.30
------------------------------------------------------------------------
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 the
suspension of liquidation of all appropriate 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
this investigation 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), 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 companies listed above will be equal to the
respondent-specific estimated weighted-average dumping margin
determined in this final determination; (2) if the exporter is not a
company identified above but the producer is identified above, then the
cash deposit rate will be equal to the respondent-specific estimated
weighted-average dumping margin established for that producer of the
subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
As noted above, Commerce finds that critical circumstances do not
exist for imports of OCTG from Argentina produced and exported by all
companies. In accordance with section 735(c)(3) of the Act, Commerce
will instruct CBP to terminate any retroactive suspension of
liquidation required under section 733(e)(2) of the Act, and release
any bond or other security, and refund any cash deposit required, under
section 733(d)(1)(B) of the Act, with respect to entries of the
merchandise the liquidation of which was suspended retroactively under
section 733(e)(2) of the Act before May 11, 2022.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
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, and 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 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 above in
the ``Suspension of Liquidation'' section.
Administrative Protective Order
This notice will serve as a final reminder to the parties subject
to 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 and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) 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 the investigation are: casing,
tubing, or coupling stock containing 10.5 percent or more by weight
of chromium; drill pipe; unattached couplings; and unattached thread
protectors.
The merchandise subject to this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7304.29.1010, 7304.29.1020,
7304.29.1030, 7304.29.1040, 7304.29.1050, 7304.29.1060,
7304.29.1080, 7304.29.2010, 7304.29.2020, 7304.29.2030,
7304.29.2040, 7304.29.2050, 7304.29.2060, 7304.29.2080,
7304.29.3110, 7304.29.3120, 7304.29.3130, 7304.29.3140,
7304.29.3150, 7304.29.3160,7304.29.3180, 7304.29.4110, 7304.29.4120,
7304.29.4130, 7304.29.4140, 7304.29.4150, 7304.29.4160,
7304.29.4180, 7304.29.5015, 7304.29.5030, 7304.29.5045,
7304.29.5060, 7304.29.5075, 7304.29.6115, 7304.29.6130,
7304.29.6145, 7304.29.6160, 7304.29.6175, 7305.20.2000,
7305.20.4000, 7305.20.6000, 7305.20.8000, 7306.29.1030,
7306.29.1090, 7306.29.2000, 7306.29.3100, 7306.29.4100,
7306.29.6010, 7306.29.6050, 7306.29.8110, and 7306.29.8150.
The merchandise subject to this investigation may also enter
under the following HTSUS item numbers: 7304.39.0024, 7304.39.0028,
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044,
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.39.0076, 7304.39.0080,
7304.59.6000,
[[Page 59056]]
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. Changes from the Preliminary Determination
IV. Final Negative Determination of Critical Circumstances
V. Discussion of the Issues
Comment 1: Constructed Export Price (CEP) Offset
Comment 2: Third-Country Indirect Selling Expenses (ISE)
Comment 3: Research and Development (R&D) Expenses for Further
Manufacturing Costs
VI. Recommendation
[FR Doc. 2022-21184 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-DS-P
