[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41973-41976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16862]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-817]
Certain Oil Country Tubular Goods From the Socialist Republic of
Vietnam: Final Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) determines that
certain oil country tubular goods (OCTG) from the Socialist Republic of
Vietnam (Vietnam) are being, or are likely to be, sold in the United
States at less-than-fair value (LTFV), as provided in section 735 of
the Tariff Act of 1930, as amended (the Act). The final weighted-
average dumping margins of sales at LTFV are shown in the ``Final
Determination'' section of this notice.
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Davina Friedmann, 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-
2924 or (202) 482-0698, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published its preliminary determination on February
25, 2014.\1\ On June 6, 2014, we received case briefs from United
States Steel Corporation (U.S. Steel) and SeAH Steel VINA Corporation
(SeAH VINA). On June 13, 2014, we received rebuttal briefs from U.S.
Steel and SeAH VINA. At the request of both parties, we held a public
hearing on June 20, 2014. Based on an analysis of the comments
received, the Department has made
[[Page 41974]]
changes to the Preliminary Determination.
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\1\ See Certain Oil Country Tubular Goods From the Socialist
Republic of Vietnam: Preliminary Determination of Sales at Less Than
Fair Value, Affirmative Preliminary Determination of Critical
Circumstances, in Part, and Postponement of Final Determination, 79
FR 10478 (February 25, 2014) (Preliminary Determination), and the
accompanying Preliminary Decision memorandum.
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Period of Investigation
The period of investigation (POI) is January 1, 2013, through June
30, 2013.
Scope of the Investigation
The merchandise covered by this 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.
Verification
As provided in section 782(i) of the Act, the Department verified
the information submitted by SeAH VINA for use in the final
determination. The Department used standard verification procedures,
including examination of relevant accounting and production records and
original source documents provided by the respondent.\2\
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\2\ See Memorandum to the File From Fred Baker and Scott Hoefke,
``Verification of the Sales and Factors Response of SeAH Steel VINA
Corporation (SSV) in the Antidumping Investigation of Oil Country
Tubular Goods (OCTG) From the Socialist Republic of Vietnam
(Vietnam),'' dated May 7, 2014, and Memorandum to the File From Fred
Baker and Scott Hoefke, ``Verification of the Sales of Pusan Pipe
America (PPA) in the Antidumping Investigation of Oil Country
Tubular Goods (OCTG) From the Socialist Republic of Vietnam
(Vietnam),'' dated May 30, 2014.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs for this
investigation are addressed in the Issues and Decision Memorandum,
which is dated concurrently with and hereby adopted by this notice.\3\
A list of the issues which parties have raised and to which we have
responded in the Issues and Decision Memorandum is attached to this
notice as an Appendix. 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 (IA ACCESS). Access to IA ACCESS is available to registered
users at http://iaaccess.trade.gov, and it is available to all parties
in the Central Records Unit, Room 7046 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/enforcement/frn/index.html. The signed version and
electronic version of the Issues and Decision Memorandum are identical
in content.
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\3\ See Memorandum From Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Certain Oil Country Tubular Goods From the Socialist
Republic of Vietnam: Issues and Decision Memorandum for the Final
Determination'' dated July 10, 2014 (Issues and Decision
Memorandum).
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we have made certain changes to the margin calculation
for SeAH VINA.\4\
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\4\ See Issues and Decision Memorandum.
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Critical Circumstances
In the Preliminary Determination, the Department found that there
was reason to believe or suspect that critical circumstances existed
for imports of subject merchandise from the Vietnam-wide entity, and
that these imports were massive during a relatively short period.\5\
However, the Department did not preliminarily find that there was
reason to believe or suspect that critical circumstances existed for
imports of subject merchandise from SeAH VINA.\6\ No parties commented
on the Department's preliminary critical circumstances determination
and we find no reason to reconsider this determination. Therefore, we
continue to determine that critical circumstances exist for the
Vietnam-wide entity, but that critical circumstances do not exist for
SeAH VINA for this final determination.
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\5\ See sections 733(e)(1)(A)(ii) and (B) of the Act.
\6\ See Preliminary Determination, 79 FR at 10478.
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Use of Facts Available and Adverse Facts Available
Section 776(a) of the Act provides that the Department shall apply
facts available (``FA'') if (1) necessary information is not on the
record, or (2) an interested party or any other person (A) withholds
information that has been requested, (B) fails to provide information
within the deadlines established, or in the form and manner requested
by the Department, subject to subsections (c)(1) and (e) of section 782
of the Act, (C) significantly impedes a proceeding, or (D) provides
information that cannot be verified as provided by section 782(i) of
the Act.
Section 776(b) of the Act further provides that the Department may
use an adverse inference in applying FA when a party has failed to
cooperate by
[[Page 41975]]
not acting to the best of its ability to comply with a request for
information. Such an adverse inference may include reliance on
information derived from the petition, the final determination, a
previous administrative review, or other information placed on the
record.
Vietnam-Wide Entity
In the Preliminary Determination, the Department determined that
certain Vietnamese exporters did not respond to the Department's
requests for information and did not establish that they were eligible
for a separate rate. Thus, the Department has found that these
Vietnamese exporters are part of the Vietnam-wide entity and the
Vietnam-wide entity has not responded to our requests for information.
Because the Vietnam-wide entity did not provide the Department with
requested information, pursuant to section 776(a)(2)(A) of the Act, the
Department continues to find it appropriate to base the weighted-
average dumping margin for the Vietnam-wide entity on FA.
The Department determines that, because the Vietnam-wide entity did
not respond to our request for information, the Vietnam-wide entity has
failed to cooperate to the best of its ability. Therefore, pursuant to
section 776(b) of the Act, the Department finds that, in selecting from
among the FA, an adverse inference is appropriate for the Vietnam-wide
entity.
Because the Department begins with the presumption that all
companies within an NME country are subject to government control, and
because only SeAH VINA has overcome that presumption, the Department is
assigning a single weight-average dumping margin to all other exporters
of subject merchandise from Vietnam. Such companies have not
demonstrated their eligibility for a separate rate.\7\
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\7\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Market Value: Synthetic Indigo From the People's Republic
of China, 65 FR 25706, 25707 (May 2, 2000).
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Selection of the Adverse Facts Available Rate for the Vietnam-Wide
Entity
In determining a weighted-average dumping margin based on AFA, the
Department's practice is to select a rate that is sufficiently adverse
``as to effectuate the purpose of the adverse facts available rule to
induce respondents to provide the Department with complete and accurate
information in a timely manner.'' \8\ Further, it is the Department's
practice to select a rate that ensures ``that the party does not obtain
a more favorable result by failing to cooperate than if it had
cooperated fully.'' \9\ Thus, it is the Department's practice to select
as AFA the higher of the (a) highest dumping margin alleged in the
petition or (b) the highest calculated rate of any respondent in the
investigation.\10\ As in the Preliminary Determination, we have
selected a rate of 111.47 percent for the Vietnam-wide entity, the
highest dumping margin alleged in the petition, as corrected by the
petitioners \11\ prior to our initiation of this investigation.\12\
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\8\ See Notice of Final Determination of Sales at Less than Fair
Value: Static Random Access Memory Semiconductors From Taiwan, 63 FR
8909, 8932 (February 23, 1998).
\9\ See Brake Rotors from the People's Republic of China: Final
Results and Partial Rescission of the Seventh Administrative Review;
Final Results of the Eleventh New Shipper Review, 70 FR 69937, 69939
(November 18, 2005)(quoting the Statement of Administrative Action
accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d
Cong., 2d Session at 870 (1994)).
\10\ See, e.g., Seamless Refined Copper Pipe and Tube From the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 75 FR 60725, 60729 (October 1, 2010).
\11\ The petitioners in this proceeding are U.S. Steel, Maverick
Tube Corporation, Boomerang Tube, Energex Tube, a division of JMC
Steel Group, Northwest Pipe Company, Tejas Tubular Products, TMK
IPSCO, Vallourec Star, L.P., and Welded Tube USA Inc.
\12\ See Preliminary Determination, 79 FR 10479 and the
accompanying Preliminary Decision Memorandum at 11 f.
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In order to determine the probative value of the dumping margin in
the petition for use as AFA for purposes of this final determination,
we compared it to the transaction-specific dumping margins we found for
the participating mandatory respondent SeAH VINA. We found that the
rate of 111.47 percent is reliable and relevant because it is within
the range of SeAH VINA's transaction-specific dumping margins.\13\
Accordingly, we find the rate of 111.47 percent is corroborated within
the meaning of section 776(c) of the Act.
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\13\ See SeAH VINA final determination analysis memorandum dated
July 10, 2014.
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The weighted-average dumping margin assigned to the Vietnam-wide
entity applies to all entries of the merchandise under investigation
except for entries of merchandise under investigation from the
exporter/producer combinations listed in the chart in the ``Final
Determination'' section below.
Final Determination
The Department determines that the following weighted-average
dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
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SeAH Steel VINA Corporation......... SeAH Steel VINA 24.22
Corporation.
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Vietnam-Wide Entity 111.47
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Disclosure
The Department intends to disclose calculations performed for this
final determination to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As noted above, the Department found that critical circumstances
exist with respect to imports of merchandise under consideration from
the Vietnam-wide entity. In accordance with section 735(c)(1)(B) of the
Act, the Department will instruct CBP to continue to suspend
liquidation of all appropriate entries of subject merchandise, as
described in the ``Scope of Investigation'' section of this notice,
from the Vietnam-wide entity that were entered, or withdrawn from
warehouse for consumption on or after the date 90 days prior of the
publication of the Preliminary Determination in the Federal Register.
Since critical circumstances do not exist for SeAH VINA, the Department
will instruct CBP to suspend liquidation of all appropriate entries of
subject merchandise produced and exported by SeAH VINA that were
entered, or withdrawn from warehouse for consumption on or after
February 25, 2014, the publication date of the Preliminary
Determination in the Federal Register. CBP shall require a cash deposit
equal to the estimated amount by which the normal value exceeds the
U.S. price as shown above. These instructions suspending liquidation
will remain in effect until further notice.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding 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 of OCTG from Vietnam no later than 45 days after our
final determination. If the
[[Page 41976]]
ITC determines that material injury or threat of material injury does
not exist, the proceeding will be terminated and all securities posted
will be refunded or canceled. If the ITC determines that such injury
does exist, the Department will issue an antidumping duty order
directing CBP to assess antidumping duties on all imports of the
merchandise under investigation entered, or withdrawn from warehouse,
for consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice also serves as a final reminder to the parties subject
to an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i)(1) of the Act.
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Comment 1: Surrogate Value for Domestic Brokerage and Handling
Comment 2: Financial Statements
Comment 3: Surrogate Value for Labor
Comment 4: Surrogate Value for Water
Comment 5: Whether to Exclude ``Limited-Service'' Pipe From the
Margin Calculation
Comment 6: Differential Pricing
Comment 7: Valuation of Hot-Rolled Coil
Comment 8: Adjusting the Price of SSV's Hot-Rolled Coil To Reflect
Arm's-Length Transactions
Comment 9: Whether To Revise the Reported Yield Rates
Comment 10: Adding Brokerage and Handling and Port Fees to SSV's
Market-Economy Purchases of Hot-Rolled Coil
Comment 11: Domestic Inland Insurance
Comment 12: Whether To Revise Further Manufacturing Costs to Include
Interest Expenses
Comment 13: Import Duties on Varnish
[FR Doc. 2014-16862 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P