[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41976-41978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16865]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-565-802]
Certain Oil Country Tubular Goods From the Republic of the
Philippines: Final Determination of Sales at Less Than Fair Value and
Negative Final Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department determines that imports of certain oil country
tubular goods from the Republic of the Philippines are being, or 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
listed in the ``Final Determination'' section of this notice.
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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-
0665.
SUPPLEMENTARY INFORMATION:
Background
On February 25, 2014, the Department published the Preliminary
Determination in the Federal Register.\1\ In the Preliminary
Determination, we postponed the final determination until no later than
135 days after the publication of the Preliminary Determination in
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and invited parties to comment on our Preliminary
Determination. We received case and rebuttal briefs from the
petitioners \2\ and HLD Clark Steel Pipe Co., Inc. (HLD Clark) in May
2014.\3\ On June 2, 2014, we conducted a hearing in this investigation.
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\1\ See Certain Oil Country Tubular Goods From the Republic of
the Philippines: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Negative Preliminary Determination of Critical
Circumstances, and Postponement of Final Determination, 79 FR 10491
(February 25, 2014) (Preliminary Determination).
\2\ 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. (collectively, the
petitioners).
\3\ On June 27, 2014, we placed certain new factual information
on the record. On July 1, 2014, HLD Clark provided comments on this
information.
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Period of Investigation
The period of investigation is July 1, 2012, through June 30, 2013.
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 investigations 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,
[[Page 41977]]
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.
Analysis of the Comments Received
All issues raised in the case briefs by parties to this
investigation are addressed in the Issues and Decision Memorandum.\4\ A
list of the issues which parties raised and to which we responded is in
the Issues and Decision Memorandum and 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). IA ACCESS is available to registered users at http://iaaccess.trade.gov and it is available to all parties in the Central
Records Unit (CRU), 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://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic versions of the Issues and Decision Memorandum are
identical in content.
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\4\ See the memorandum from Deputy Assistant Secretary Christian
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled
``Issues and Decision Memorandum for the Final Affirmative
Determination in the Less than Fair Value Investigation of Certain
Oil Country Tubular Goods from the Republic of the Philippines''
dated concurrently with this notice and hereby adopted by this
notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, pre-verification
corrections, and our findings at verifications, we made certain changes
to the margin calculations for HLD Clark.\5\
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\5\ For a discussion of these changes, see Memorandum to Neal
Halper entitled ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Determination--HLD Clark Steel
Pipe Co. Inc.,'' dated concurrently with this notice and Memorandum
to the File entitled ``Final Determination of Sales at Less Than
Fair Value in the Antidumping Duty Investigation of Certain Oil
Country Tubular Goods from the Republic of the Philippines--Analysis
Memorandum for HLD Clark Steel Pipe Co., Inc.,'' dated concurrently
with this notice.
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Verification
As provided in section 782(i) of the Act, we conducted sales and
cost verifications of the questionnaire responses submitted by HLD
Clark. We used standard verification procedures, including examination
of relevant accounting and production records, as well as original
source documents provided by HLD Clark.\6\
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\6\ See Memorandum to the File entitled ``Verification of the
Sales Response of HLD Clark Steel Pipe Co., Inc., in the Less-Than-
Fair-Value Investigation of Certain Oil Country Tubular Goods from
the Republic of the Philippines,'' dated April 10, 2014, and
Memorandum to the File entitled ``Verification of the Cost Response
of HLD Clark Steel Pipe Co., Inc. in the Antidumping Duty
Investigation of Certain Oil Country Tubular Goods from the Republic
of the Philippines,'' dated May 13, 2014.
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Final Determination
The Department determines that the following dumping margins exist
for the period July 1, 2012, through June 30, 2013:
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Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
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HLD Clark Steel Pipe Co., Inc........................... 9.88
All Others.............................................. 9.88
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Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, the Department will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of certain oil country tubular goods
from the Republic of the Philippines which were entered, or withdrawn
from warehouse, for consumption on or after February 25, 2014, the date
of publication of the Preliminary Determination. We will instruct CBP
to require a cash deposit equal to the weighted-average amount by which
normal value exceeds U.S. price, as follows: (1) The rate for HLD Clark
will be the rate we determined in this final determination; (2) if the
exporter is not a firm identified in this investigation but the
producer is, the rate will be the rate established for the producer of
the subject merchandise; (3) the rate for all other producers or
exporters will be 9.88 percent, as discussed in the ``All Others Rate''
section, below. These suspension of liquidation instructions will
remain in effect until further notice.
All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. The ``All Others'' rate is based on the weighted-average
dumping margin calculated for HLD Clark, the only company for which the
Department calculated a rate.\7\
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\7\ See section 735(c)(5)(A) of the Act.
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we notified the U.S.
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative, in accordance with section
735(b)(2) of the Act, the ITC will determine within 45 days whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that such injury exists, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Return or Destruction of Proprietary Information
This notice will serve as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written notification of
the 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.
[[Page 41978]]
We are issuing and publishing this determination and notice
pursuant to sections 735(d) and 777(i)(l) of the Act.
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
1. Steel Grade Product Characteristic
2. Differential Pricing Analysis
3. Calculation of Short Term Borrowing Rate
VII. Recommendation
[FR Doc. 2014-16865 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P