Oil Country Tubular Goods From Argentina, Mexico, and the Russian Federation: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determination for the Russian Federation, 70785-70787 [2022-25401]
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Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–824, A–201–856, A–821–833]
Oil Country Tubular Goods From
Argentina, Mexico, and the Russian
Federation: Antidumping Duty Orders
and Amended Final Affirmative
Antidumping Duty Determination for
the Russian Federation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing antidumping duty
(AD) orders on oil country tubular goods
(OCTG) from Argentina, Mexico, and
the Russian Federation (Russia). In
addition, Commerce is amending its
final determination with respect to
OCTG from Russia to correct a
ministerial error.
DATES: Applicable November 21, 2022.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov (Argentina), Yang
Chun or Emily Bradshaw (Mexico), and
George McMahon or Michael Heaney
(Russia), AD/CVD Operations, Offices I
and VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0665,
(202) 482–5760, (202) 482–3986, (202)
482–1167, or (202) 482–4475,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
lotter on DSK11XQN23PROD with NOTICES1
In accordance with sections 735(d)
and 777(i) of the Tariff Act of 1930, as
amended (the Act), on October 5, 2022,
Commerce published its affirmative
final determinations in the less-thanfair-value (LTFV) investigations of
OCTG from Argentina, Mexico, and
Russia.1 In the investigation of OCTG
from Russia, JSC Vyksa Steel Works
(OMK/VSW) submitted a timely
allegation that Commerce made a
ministerial error in the final AD
1 See Oil Country Tubular Goods from Argentina:
Final Affirmative Determination of Sales at Less
Than Fair Value and Final Negative Determination
of Critical Circumstances, 87 FR 59054 (September
29, 2022); Oil Country Tubular Goods from Mexico:
Final Affirmative Determinations of Sales at Less
Than Fair Value and Critical Circumstances, 87 FR
59041 (September 29, 2022); and Oil Country
Tubular Goods from the Russian Federation: Final
Affirmative Determination of Sales at Less Than
Fair Value, and Final Affirmative Critical
Circumstances Determination, in Part, 87 FR 59045
(September 29, 2022) (Russia Final Determination).
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21:25 Nov 18, 2022
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determination.2 We reviewed the
allegation and determined that we made
a ministerial error in the final AD
determination on OCTG from Russia.
See ‘‘Amendment to the Final
Determination for Russia’’ section below
for further discussion. On November 14,
2022, the ITC notified Commerce of its
final determinations, pursuant to
section 735(d) of the Act, that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of LTFV imports of OCTG from
Argentina, Mexico, and Russia.3
Scope of the Orders
The products covered by these orders
are OCTG from Argentina, Mexico, and
Russia. For a complete description of
the scope of these orders, see the
appendix to this notice.
Amendment to the Final Determination
for Russia
On September 30, 2022, OMK/VSW
timely alleged that Commerce made a
certain ministerial error in the Russia
Final Determination with respect to the
dumping margin assigned to OMK/
VSW.4 No other party made an
allegation of ministerial errors or
submitted a rebuttal to OMK/VSW’s
ministerial error allegation under 19
CFR 351.224(c)(3). Commerce reviewed
the record and, on October 26, 2022,
agreed that the error alleged by OMK/
VSW constituted a ministerial error
within the meaning of section 735(e) of
the Act and 19 CFR 351.224(f).5
Specifically, Commerce found that it
made an inadvertent error in not
converting into U.S. dollars a
certification expense reported by OMK/
VSW in Russian rubles.6 Pursuant to 19
CFR 351.224(e), Commerce is amending
the Russia Final Determination to reflect
the correction of the ministerial error, as
described in the Ministerial Error
Memorandum.7 Based on the correction,
OMK/VSW’s final dumping margin
changed from 12.84 to 12.01 percent. As
a result, we are also revising the allothers rate from 12.84 to 12.01 percent.
2 See
OMK/VSW’s Letter, ‘‘Oil Country Tubular
Goods from the Russian Federation: OMK’s
Ministerial Error Comments,’’ dated September 30,
2022 (Ministerial Error Allegation).
3 See ITC’s Letter, Investigation Nos. 701–TA–
671–672 and 731–TA–1571–1573 (Final), dated
November 14, 2022.
4 See Ministerial Error Allegation.
5 See Memorandum, ‘‘Antidumping Duty
Investigation of Oil Country Tubular Goods from
the Russian Federation: Allegation of Ministerial
Error in the Final Determination,’’ dated October
26, 2022 (Ministerial Error Memorandum).
6 See Memorandum, ‘‘Amended Final Analysis
Memorandum for JSC Vyksa Steel Works,’’ dated
October 26, 2022.
7 Id.
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70785
The amended estimated weightedaverage dumping margins are listed in
the ‘‘Estimated Weighted-Average
Dumping Margins’’ section below.
Antidumping Duty Orders
On November 14, 2022, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determinations in these investigations,
in which it found that an industry in the
United States is materially injured by
reason of imports of OCTG from
Argentina, Mexico, and Russia.
Therefore, in accordance with section
735(c)(2) of the Act, Commerce is
issuing these AD orders. Because the
ITC determined that imports of OCTG
from Argentina, Mexico, and Russia are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from Argentina, Mexico,
and Russia, entered or withdrawn from
warehouse for consumption, are subject
to the assessment of ADs.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, ADs equal to
the amount by which the normal value
of the merchandise exceeds the export
price (or constructed export price) of the
merchandise, for all relevant entries of
OCTG from Argentina, Mexico, and
Russia. With the exception of entries
occurring after the expiration of the
provisional measures period and before
publication of the ITC’s final affirmative
injury determinations, as further
described below, antidumping duties
will be assessed on unliquidated entries
of OCTG from Argentina, Mexico, and
Russia, entered, or withdrawn from
warehouse, for consumption, on or after
May 11, 2022, the date of publication of
the Preliminary Determinations.8
Continuation of Suspension of
Liquidation and Cash Deposits
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, in
accordance with section 735(c)(1)(B) of
8 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); 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); and Oil
Country Tubular Goods from the Russian
Federation: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Preliminary
Negative Critical Circumstances Determination,
Postponement of Final Determination, and
Extension of Provisional Measures, 87 FR 28804
(May 11, 2022) (collectively, Preliminary
Determinations).
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70786
Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices
the Act, Commerce will instruct CBP to
continue to suspend liquidation on all
relevant entries of OCTG from
Argentina, Mexico, and Russia. These
instructions suspending liquidation will
remain in effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margins indicated in the tables below.
Accordingly, effective on the date of
publication in the Federal Register of
the notice of the ITC’s final affirmative
injury determinations, CBP will require,
at the same time as importers would
normally deposit estimated duties on
subject merchandise, a cash deposit
equal to the rates listed in the table
below. The all-others rate applies to all
producers or exporters not specifically
listed, as appropriate.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
Exporter or producer
Estimated weighted-average dumping
margin (percent)
Argentina:
Siderca S.A.I.C .................................................................................................................................
All Others ..........................................................................................................................................
Mexico:
Tubos de Acero de Mexico, S.A ......................................................................................................
All Others ..........................................................................................................................................
78.30
78.30
44.93
44.93
Estimated
weightedaverage
dumping margin
(percent)
Exporter or producer
Russia:
JSC Vyksa Steel Works ...................................................................................................................
Volzhsky Pipe Plant, Joint Stock Company; Public Joint-Stock Company Trubnaya
Metallurgicheskaya Kompaniya; Sinarsky Pipe Plant, Joint Stock Company; Seversky Pipe
Plant, Joint Stock Company; Taganrog Metallurgical Plant, Joint Stock Company; Pervouralsk
Pipe Plant, Joint Stock Company; Chelyabinsk Pipe Plant, Joint Stock Company; Orsky Machine Building Plant, Joint Stock Company * ................................................................................
All Others ..........................................................................................................................................
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent)
12.01
11.70
184.21
12.01
184.21
11.87
* Rate based on adverse facts available.
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Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
OCTG from Argentina, Mexico, and
Russia, Commerce extended the fourmonth period to six months in each of
these investigations. Commerce
published the Preliminary
Determinations on May 11, 2022.9
The extended provisional measures
period, beginning on the date of
publication of the Preliminary
Determinations, ended on November 6,
2022. Therefore, in accordance with
section 733(d) of the Act and our
practice,10 Commerce will instruct CBP
to terminate the suspension of
9 Id.
10 See, e.g., Certain Corrosion-Resistant Steel
Products from India, India, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Jkt 259001
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.11 On September 27,
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
Register.12 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.13
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
11 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
12 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
13 Id.
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of OCTG from
Argentina, Mexico, and Russia entered
or withdrawn from warehouse, for
consumption after November 6, 2022,
the final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final affirmative
injury determinations in the Federal
Register. Suspension of liquidation and
the collection of cash deposits will
resume on the date of publication of the
ITC’s final determinations in the
Federal Register.
Establishment of the Annual Inquiry
Service Lists
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Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 14
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance, the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 15
Accordingly, as stated above, the
petitioners and foreign governments
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list. Pursuant to
19 CFR 351.225(n)(3), the petitioners
and foreign governments will not need
to resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioners and foreign
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14 This
segment will be combined with the
ACCESS Segment Specific Information (SSI) field,
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that published in
the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
15 See Final Rule, 86 FR at 52335.
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21:25 Nov 18, 2022
Jkt 259001
governments are responsible for making
amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the AD orders
with respect to OCTG from Argentina,
Mexico, and Russia pursuant to section
736(a) of the Act. Interested parties can
find a list of AD orders currently in
effect at https://www.trade.gov/datavisualization/adcvd-proceedings.
The amended Russia final
determination and these AD orders are
published in accordance with sections
735(e) and 736(a) of the Act and 19 CFR
351.224(e) and 19 CFR 351.211(b).
Dated: November 16, 2022
Lisa W. Wang,
Assistant Secretary,for Enforcement and
Compliance.
70787
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 these orders
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 these
orders is dispositive.
[FR Doc. 2022–25401 Filed 11–18–22; 8:45 am]
BILLING CODE 3510–DS–P
Appendix—Scope of the Orders
The merchandise covered by these orders
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 these orders 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
these orders if performed in the country of
manufacture of the OCTG.
Excluded from the scope of these orders
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 these orders 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,
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DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Rulings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable November 21, 2022.
SUMMARY: The U.S. Department of
Commerce (Commerce) hereby
publishes a list of scope rulings and
circumvention determinations made
during the period July 1, 2022, through
September 30, 2022. We intend to
publish future lists after the close of the
next calendar quarter.
FOR FURTHER INFORMATION CONTACT:
Marcia E. Short, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
202–482–1560.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce regulations provide that it
will publish in the Federal Register a
list of scope rulings on a quarterly
basis.1 Our most recent notification of
scope rulings was published on August
25, 2022.2 This current notice covers all
scope rulings and scope ruling/
circumvention determination
combinations made by Enforcement and
1 See
19 CFR 351.225(o).
Notice of Scope Rulings, 87 FR 52359
(August 25, 2022).
2 See
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Agencies
[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70785-70787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25401]
[[Page 70785]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-824, A-201-856, A-821-833]
Oil Country Tubular Goods From Argentina, Mexico, and the Russian
Federation: Antidumping Duty Orders and Amended Final Affirmative
Antidumping Duty Determination for the Russian Federation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) orders on
oil country tubular goods (OCTG) from Argentina, Mexico, and the
Russian Federation (Russia). In addition, Commerce is amending its
final determination with respect to OCTG from Russia to correct a
ministerial error.
DATES: Applicable November 21, 2022.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov (Argentina), Yang
Chun or Emily Bradshaw (Mexico), and George McMahon or Michael Heaney
(Russia), AD/CVD Operations, Offices I and VI, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-0665, (202) 482-5760, (202) 482-3986, (202) 482-1167, or
(202) 482-4475, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on October 5, 2022, Commerce published its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of OCTG from Argentina, Mexico, and Russia.\1\ In the
investigation of OCTG from Russia, JSC Vyksa Steel Works (OMK/VSW)
submitted a timely allegation that Commerce made a ministerial error in
the final AD determination.\2\ We reviewed the allegation and
determined that we made a ministerial error in the final AD
determination on OCTG from Russia. See ``Amendment to the Final
Determination for Russia'' section below for further discussion. On
November 14, 2022, the ITC notified Commerce of its final
determinations, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of OCTG
from Argentina, Mexico, and Russia.\3\
---------------------------------------------------------------------------
\1\ See Oil Country Tubular Goods from Argentina: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Negative Determination of Critical Circumstances, 87 FR 59054
(September 29, 2022); Oil Country Tubular Goods from Mexico: Final
Affirmative Determinations of Sales at Less Than Fair Value and
Critical Circumstances, 87 FR 59041 (September 29, 2022); and Oil
Country Tubular Goods from the Russian Federation: Final Affirmative
Determination of Sales at Less Than Fair Value, and Final
Affirmative Critical Circumstances Determination, in Part, 87 FR
59045 (September 29, 2022) (Russia Final Determination).
\2\ See OMK/VSW's Letter, ``Oil Country Tubular Goods from the
Russian Federation: OMK's Ministerial Error Comments,'' dated
September 30, 2022 (Ministerial Error Allegation).
\3\ See ITC's Letter, Investigation Nos. 701-TA-671-672 and 731-
TA-1571-1573 (Final), dated November 14, 2022.
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Scope of the Orders
The products covered by these orders are OCTG from Argentina,
Mexico, and Russia. For a complete description of the scope of these
orders, see the appendix to this notice.
Amendment to the Final Determination for Russia
On September 30, 2022, OMK/VSW timely alleged that Commerce made a
certain ministerial error in the Russia Final Determination with
respect to the dumping margin assigned to OMK/VSW.\4\ No other party
made an allegation of ministerial errors or submitted a rebuttal to
OMK/VSW's ministerial error allegation under 19 CFR 351.224(c)(3).
Commerce reviewed the record and, on October 26, 2022, agreed that the
error alleged by OMK/VSW constituted a ministerial error within the
meaning of section 735(e) of the Act and 19 CFR 351.224(f).\5\
Specifically, Commerce found that it made an inadvertent error in not
converting into U.S. dollars a certification expense reported by OMK/
VSW in Russian rubles.\6\ Pursuant to 19 CFR 351.224(e), Commerce is
amending the Russia Final Determination to reflect the correction of
the ministerial error, as described in the Ministerial Error
Memorandum.\7\ Based on the correction, OMK/VSW's final dumping margin
changed from 12.84 to 12.01 percent. As a result, we are also revising
the all-others rate from 12.84 to 12.01 percent. The amended estimated
weighted-average dumping margins are listed in the ``Estimated
Weighted-Average Dumping Margins'' section below.
---------------------------------------------------------------------------
\4\ See Ministerial Error Allegation.
\5\ See Memorandum, ``Antidumping Duty Investigation of Oil
Country Tubular Goods from the Russian Federation: Allegation of
Ministerial Error in the Final Determination,'' dated October 26,
2022 (Ministerial Error Memorandum).
\6\ See Memorandum, ``Amended Final Analysis Memorandum for JSC
Vyksa Steel Works,'' dated October 26, 2022.
\7\ Id.
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Antidumping Duty Orders
On November 14, 2022, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of OCTG from Argentina,
Mexico, and Russia. Therefore, in accordance with section 735(c)(2) of
the Act, Commerce is issuing these AD orders. Because the ITC
determined that imports of OCTG from Argentina, Mexico, and Russia are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Argentina, Mexico, and Russia, entered or withdrawn
from warehouse for consumption, are subject to the assessment of ADs.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, ADs equal to the amount
by which the normal value of the merchandise exceeds the export price
(or constructed export price) of the merchandise, for all relevant
entries of OCTG from Argentina, Mexico, and Russia. With the exception
of entries occurring after the expiration of the provisional measures
period and before publication of the ITC's final affirmative injury
determinations, as further described below, antidumping duties will be
assessed on unliquidated entries of OCTG from Argentina, Mexico, and
Russia, entered, or withdrawn from warehouse, for consumption, on or
after May 11, 2022, the date of publication of the Preliminary
Determinations.\8\
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\8\ 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); 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); and Oil Country
Tubular Goods from the Russian Federation: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Critical Circumstances Determination, Postponement of Final
Determination, and Extension of Provisional Measures, 87 FR 28804
(May 11, 2022) (collectively, Preliminary Determinations).
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 735(c)(1)(B) of
[[Page 70786]]
the Act, Commerce will instruct CBP to continue to suspend liquidation
on all relevant entries of OCTG from Argentina, Mexico, and Russia.
These instructions suspending liquidation will remain in effect until
further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed in the table below. The all-others
rate applies to all producers or exporters not specifically listed, as
appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Exporter or producer Estimated weighted-average dumping
margin (percent)
------------------------------------------------------------------------
Argentina:
Siderca S.A.I.C............. 78.30
All Others.................. 78.30
Mexico:
Tubos de Acero de Mexico,
S.A........................ 44.93
All Others.................. 44.93
------------------------------------------------------------------------
Estimated Cash deposit rate
weighted- (adjusted for
Exporter or producer average subsidy offset(s))
dumping margin (percent)
(percent)
------------------------------------------------------------------------
Russia:
JSC Vyksa Steel Works....... 12.01 11.70
Volzhsky Pipe Plant, Joint 184.21 184.21
Stock Company; Public Joint-
Stock Company Trubnaya
Metallurgicheskaya
Kompaniya; Sinarsky Pipe
Plant, Joint Stock Company;
Seversky Pipe Plant, Joint
Stock Company; Taganrog
Metallurgical Plant, Joint
Stock Company; Pervouralsk
Pipe Plant, Joint Stock
Company; Chelyabinsk Pipe
Plant, Joint Stock Company;
Orsky Machine Building
Plant, Joint Stock Company
*..........................
All Others.................. 12.01 11.87
------------------------------------------------------------------------
* Rate based on adverse facts available.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of OCTG from Argentina, Mexico, and Russia, Commerce extended the four-
month period to six months in each of these investigations. Commerce
published the Preliminary Determinations on May 11, 2022.\9\
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\9\ Id.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on November 6,
2022. Therefore, in accordance with section 733(d) of the Act and our
practice,\10\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of OCTG from Argentina, Mexico, and Russia entered
or withdrawn from warehouse, for consumption after November 6, 2022,
the final day on which the provisional measures were in effect, until
and through the day preceding the date of publication of the ITC's
final affirmative injury determinations in the Federal Register.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determinations in
the Federal Register.
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\10\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\11\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\12\ The Final Rule and Procedural
Guidance provide that Commerce will maintain an annual inquiry service
list for each order or suspended investigation, and any interested
party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\13\
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\11\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\12\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\13\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and
[[Page 70787]]
under a specific segment type called ``AISL-Annual Inquiry Service
List.'' \14\
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\14\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
published in the Federal Register in January, the relevant segment
and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \15\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\15\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD orders with respect to OCTG from
Argentina, Mexico, and Russia pursuant to section 736(a) of the Act.
Interested parties can find a list of AD orders currently in effect at
https://www.trade.gov/data-visualization/adcvd-proceedings.
The amended Russia final determination and these AD orders are
published in accordance with sections 735(e) and 736(a) of the Act and
19 CFR 351.224(e) and 19 CFR 351.211(b).
Dated: November 16, 2022
Lisa W. Wang,
Assistant Secretary,for Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise covered by these orders 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 these orders 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 these orders if performed in the
country of manufacture of the OCTG.
Excluded from the scope of these orders 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 these orders 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 these orders 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 these orders is dispositive.
[FR Doc. 2022-25401 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-DS-P