[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10475-10477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04119]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-944]
Certain Oil Country Tubular Goods From the People's Republic of
China: Partial Rescission and Preliminary Results of Countervailing
Duty Administrative Review; 2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty order on certain oil
country tubular goods (OCTG) from the People's Republic of China (PRC).
The period of review (POR) is January 1, 2012, through December 31,
2012. We preliminarily determine that Wuxi Seamless Oil Pipe Co., Ltd.
(Wuxi) and Jiangsu Chengde Steel Tube Share Co., Ltd. (Jiangsu Chengde)
received countervailable subsidies during the POR. We invite interested
parties to comment on these preliminary results.
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Christopher Siepmann, Joseph Shuler,
or Sergio Balbontin, AD/CVD Operations, Office I, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-7958, (202) 482-1293, (202) 482-6478,
respectively.
Scope of the Order
The scope of the order consists of OCTG.\1\ The merchandise subject
to the order 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.
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\1\ On 02/07/2014, the Department issued a final scope
determination that seamless unfinished OCTG that are produced in the
PRC and further processed into certain grades of finished OCTG by
particular finishing processes (indicated below) are within the
scopes of the antidumping and countervailing duty orders on OCTG
from the PRC, regardless of the country in which the further
processing occurs. Because the imported finished products do not
undergo any significant physical and chemical changes from, and are
of the same class or kind of merchandise as seamless unfinished OCTG
produced in the PRC, the Department found these products to be
within the scope of the order. Specifically, the Department found
seamless unfinished OCTG manufactured in the PRC and finished in
countries other than the United States and the PRC (i.e., third
countries) are within the scope of the order where (a) the finishing
consists of heat treatment by quenching and tempering, upsetting and
threading (with integral joint), or threading and coupling; and (b)
the products are made to the following specifications and grades:
API specification 5CT, grades P-110, T-95 and Q-125.
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The OCTG coupling stock covered by the order 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, and 7304.59.80.80.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description, available in Certain Oil
Country Tubular Goods From the People's Republic of China: Amended
Final Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 75 FR 3203 (January 20, 2010), remains dispositive.
A full description of the scope of the order is contained in the
memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of Countervailing Duty
Administrative Review: Certain Oil Country Tubular Goods from the
People's Republic of China,'' dated concurrently with this notice
(Preliminary Decision Memorandum), which is hereby adopted by this
notice.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at http://iaaccess.trade.gov
and in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
[[Page 10476]]
Partial Rescission of the 2012 Administrative Review
On May 29, 2013, United States Steel Corporation timely withdrew
its request for the 2012 administrative review with respect to all
companies except Wuxi and Jiangsu Chengde.\2\ This withdrawal affects
over 525 PRC producers/exporters of the subject merchandise covered in
the Initiation Notice.\3\ In accordance with 19 CFR 351.213(d)(1),\4\
and consistent with our practice,\5\ we are rescinding this review in
its entirety with the exception of Wuxi and Jiangsu Chengde.
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\2\ See letter from Petitioner, ``Certain Oil Country Tubular
Goods from the People's Republic of China: Partial Withdrawal of
Request for Administrative Review'' dated May 29, 2013.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
13631 (February 28, 2013) (Initiation Notice).
\4\ In accordance with 19 CFR 351.213(d)(1), the Department will
rescind an administrative review ``if a party that requested the
review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review.'' The
instant review was initiated on February 28, 2013. Therefore, the
deadline to withdraw review requests was May 29, 2013. Thus,
Petitioners' withdrawal request is timely.
\5\ See, e.g., Brass Sheet and Strip from Germany: Notice of
Rescission of Antidumping Duty Administrative Review, 73 FR 49170
(August 20, 2008); see also Certain Lined Paper Products from India:
Notice of Partial Rescission of Antidumping Duty Administrative
Review and Extension of Time Limit for the Preliminary Results of
Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009).
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\6\
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\6\ 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.
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In making these findings, we relied, in part, on facts available
and, because one or more respondents did not act to the best of their
ability to respond to the Department's requests for information, we
have drawn an adverse inference in selecting from among the facts
otherwise available.\7\ For further information, see ``Use of Facts
Otherwise Available and Adverse Inferences'' in the Preliminary
Decision Memorandum.
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\7\ See sections 776(a) and (b) of the Act.
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Finally, the Department was not able to make a preliminary
determination of countervailability for certain programs because it
requires additional information.\8\ We intend to seek that information
prior to our final results, and issue a post-preliminary determination
with the Department's findings with regard to those programs.
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\8\ See Preliminary Decision Memorandum at ``Analysis of
Programs--II. Programs For Which More Information is Required.''
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For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated
individual subsidy rates for Wuxi and Jiangsu Chengde for the period
January 1, 2012, through December 31, 2012.
We preliminarily find the net subsidy rates for the producers/
exporters under review to be as follows:
------------------------------------------------------------------------
Net
subsidy
Producer/exporter rate
(percent)
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Wuxi Seamless Oil Pipe Co., Ltd.; Bazhou Seamless Oil Pipes 31.78
Co. Ltd.; Liaoyang Seamless Oil Pipes Co. Ltd.; Mengfeng
Special Steel Co. Ltd.; Songyuan Seamless Oil Pipes Co. Ltd
Jiangsu Chengde Steel Tube Share Co., Ltd................... 1.49
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Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\9\ Due to
the anticipated timing of the release of post-preliminary analysis
memoranda, interested parties may submit written comments (case briefs)
for this administrative review no later than one week after the
issuance of the last post-preliminary analysis memorandum, and rebuttal
comments (rebuttal briefs) within five days after the time limit for
filing case briefs.\10\ Pursuant to 19 CFR 351.309(d)(2), rebuttal
briefs must be limited to issues raised in the case briefs. Parties who
submit arguments are requested to submit with the argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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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
within 30 days after the date of publication of this notice.\11\
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, we will inform parties
of the scheduled date for the hearing which will be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230, at a time and location to be determined.\12\
Parties should confirm by telephone the date, time, and location of the
hearing.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using IA ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
issuance of these preliminary results.
Assessment Rates
For the rescinded companies, countervailing duties shall be
assessed at rates equal to the cash deposit of estimated countervailing
duties required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2012, through December 31,
2012, in accordance with 19 CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment instructions directly to U.S.
Customs and Border Protection (CBP) 15 days after publication of this
notice.
For Wuxi and Jiangsu Chengde, consistent with section 751(a)(1) of
the Act, upon issuance of the final results, the Department shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend to issue
instructions to CBP 15 days after publication of the final results of
this review.
Cash Deposit Requirements
If the final results of this review are the same as these
preliminary results, the Department also intends to instruct CBP to
collect cash deposits of estimated countervailing duties in the amounts
shown above for Wuxi and Jiangsu Chengde. For all non-reviewed firms,
we will instruct CBP to continue to collect cash deposits of estimated
[[Page 10477]]
countervailing duties at the most recent company-specific or all-others
rate applicable to the company. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: February 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Scope of the Order
2. Use of Facts Otherwise Available and Adverse Inferences
3. Subsidies Valuation Information
4. Analysis of Programs
[FR Doc. 2014-04119 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P