Federal Register, Volume 79 Issue 37 (Tuesday, February 25, 2014)

[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10480-10482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04110]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]

Certain Oil Country Tubular Goods From the Republic of Korea:
Negative Preliminary Determination of Sales at Less Than Fair Value,
Negative Preliminary Determination of Critical Circumstances and
Postponement of Final Determination

AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (Department) preliminarily
determines that certain oil country tubular goods (OCTG) from the
Republic of Korea is not being, or is not likely to be, sold in the
United States at less than fair value (LTFV), as provided in section
733(b) of the Tariff Act of 1930, as amended (the Act). The period of
investigation (POI) is July 1, 2012, through June 30, 2013. The
estimated weighted-average dumping margins are shown in the
``Preliminary Determination'' section of this notice. The Department
preliminarily found that critical circumstances do not exist. Finally,
in response to a request from petitioners, we are postponing the final
determination. The final determination will be issued 135 days after
the publication of this preliminary determination in the Federal
Register. We invite interested parties to comment on the preliminary
determination.

DATES: Effective Date: February 25, 2014.

FOR FURTHER INFORMATION CONTACT: Victoria Cho or Deborah Scott, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5075 or (202) 482-2657, respectively.

SUPPLEMENTARY INFORMATION:

Background

On July 2, 2013, the Department received an antidumping duty (AD)
petition \1\ concerning imports of OCTG from Korea filed in proper form
on behalf of the petitioners.\2\ On July 22, 2013, the Department
initiated a LTFV investigation of OCTG from Korea.\3\ On December 18,
2013, petitioners filed a timely critical circumstances allegation. In
accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances
allegation is submitted 20 days or more before the scheduled date of
the preliminary determination, the Department will issue a preliminary
finding not later than the preliminary determination.\4\
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\1\ See Petitions for the Imposition of Antidumping and
Countervailing Duties: Certain Oil Country Tubular Goods From India,
the Republic of Korea, the Republic of the Philippines, Saudi
Arabia, Taiwan, Thailand, the Republic of Turkey, Ukraine, and the
Socialist Republic of Vietnam, dated July 2, 2013.
\2\ United States Steel Corporation, Vallourec Star L.P., TMK
IPSCO, Energex (division of JMC Steel Group), Northwest Pipe
Company, Tejas Tubular Products, Welded Tube USA Inc., Boomerang
Tube LLC, and Maverick Tube Corporation (collectively, petitioners).
\3\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, the Republic of the Philippines, Saudi Arabia,
Taiwan, Thailand, the Republic of Turkey, Ukraine, and the Socialist
Republic of Vietnam: Initiation of Antidumping Duty Investigations,
78 FR 45505 (July 29, 2013) (Initiation Notice).
\4\ Petitioners also alleged critical circumstances exist with
respect to imports of merchandise in the companion CVD
investigations. In accordance with 19 CFR 351.206(c)(2)(ii), the
Department issued preliminary critical circumstances findings in
those investigations on January 17, 2014. On December 31, 2013, the
Department requested that respondents report their shipment data for
a three-year period ending in February 2014, the month of the
preliminary AD determinations, requesting Quantity and Value (Q&V)
data from April 2010 to February 2014. On January 7, 2014 and
January 17, 2014, HYSCO and NEXTEEL submitted its requested monthly
Q&V shipment data for the months, April 2010 through December 2013,
respectively.

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[[Page 10481]]

Scope of the Investigation

Tolling of Deadlines for Preliminary Determination

As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\5\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day.\6\ The revised deadline for the preliminary determination
of this investigation is now February 14, 2014.\7\
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\5\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government,'' dated October 18, 2013.
\6\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, as Amended, 70 FR 24533 (May 10, 2005).
\7\ Due to the closure of the Federal Government on February 13,
2014, Commerce completed this determination on the next business day
(i.e., February 14, 2014). See Notice of Clarification: Application
of ``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, as Amended, 70 FR
24533 (May 10, 2005).
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Methodology

The Department has conducted this investigation in accordance with
section 731 of the Act. Export price (EP) and constructed export price
(CEP) have been calculated in accordance with section 772 of the Act.
Normal value (NV) has been calculated in accordance with section 773 of
the Act.
For a full description of the methodology underlying our
conclusions, see the ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Certain Oil
Country Tubular Goods from the Republic of Korea,'' from Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated
concurrently with this determination and hereby adopted by this notice
(Preliminary Decision Memorandum). A list of the topics included in the
Preliminary Decision Memorandum is included as Attachment II to this
notice. The Preliminary Decision Memorandum is a public document and is
made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
https://iaaccess.trade.gov, and is available to all parties in the
Department's Central Records Unit, located at room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.

Preliminary Negative Determination of Critical Circumstances

On December 18, 2013, petitioners filed a timely critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration. Based on our
analysis, we preliminarily determine that there is not a reasonable
basis to believe or suspect that critical circumstances exist with
respect to OCTG from Korea. For a full description of the methodology
and results of our analysis, please see the Preliminary Decision
Memorandum.

Preliminary Determination

The Department preliminarily determines that the following
weighted-average dumping margins exist:

------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai HYSCO............................................... 0.00
NEXTEEL Co., Ltd............................................ 0.00
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Consistent with section 733(d)(1)(A) of the Act, the Department has
not calculated a weighted-average dumping margin for all other
producers or exporters because it has not made an affirmative
preliminary determination of sales at less than fair value.

Disclosure and Public Comment

We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\8\ See 19 CFR 351.309.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce. All documents must be filed
electronically using IA ACCESS. An electronically filed request must be
received successfully in its entirety by IA ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days after the date of publication of
this notice.\9\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
date to be determined. Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
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\9\ See 19 CFR 351.310(c).

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[[Page 10482]]

Suspension of Liquidation

Because the Department has not made an affirmative preliminary
determination of sales at less than fair value, we are not directing
U.S. Customs and Border Protection to suspend liquidation of any
entries of OCTG from Korea.

Postponement of Final Determination

Pursuant to a request from U.S. Steel \10\ in this investigation,
we are postponing the final determination pursuant to 735(a)(2)(B) of
the Act. Because our preliminary determination is negative, in
accordance with section 735(a)(2)(B) of the Act, we are granting U.S.
Steel's request and are postponing the final determination until no
later than 135 days after the publication of the preliminary
determination notice in the Federal Register.\11\
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\10\ On February 11, 2014, petitioner, United States Steel
Corporation (U.S. Steel), requested that the Department postpone the
final determination in the event of a negative preliminary
determination.
\11\ See also 19 CFR 351.210(e).
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International Trade Commission (ITC) Notification

In accordance with section 733(f) of the Act, we have notified the
ITC of our preliminary negative determination of sales at LTFV. If our
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

The merchandise covered by the investigation is certain oil
country tubular goods (OCTG), which are hollow steel products of
circular cross-section, including oil well casing and tubing, of
iron (other than cast iron) or steel (both carbon and alloy),
whether seamless or welded, regardless of end finish (e.g., whether
or not plain end, threaded, or threaded and coupled) whether or not
conforming to American Petroleum Institute (API) or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service
OCTG products), whether or not thread protectors are attached. The
scope of the investigation also covers OCTG coupling stock.
Excluded from the scope of the investigation are: Casing or
tubing containing 10.5 percent or more by weight of chromium; drill
pipe; unattached couplings; and unattached thread protectors.
The merchandise subject to the investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the investigation may also enter
under the following HTSUS item numbers: 7304.39.00.24,
7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76,
7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20,
7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60,
7304.59.80.65, 7304.59.80.70, 7304.59.80.80, 7305.31.40.00,
7305.31.60.90, 7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and
7306.50.50.70.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination
5. Scope of the Investigation
6. Scope Comments
7. Model Match Comments
8. Affiliation
9. Critical Circumstances
10. Discussion of Methodology
11. Currency Conversion
12. Verification

[FR Doc. 2014-04110 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P