[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41981-41983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16868]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-857]
Final Determination of Sales at Less Than Fair Value and Final
Negative Determination of Critical Circumstances: Certain Oil Country
Tubular Goods From India
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
imports of oil country tubular goods (OCTG) from India 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 period of investigation is July 1, 2012, through
June 30, 2013. The final weighted-average dumping margins are listed
below in the section entitled ``Final Determination.''
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0176.
SUPPLEMENTARY INFORMATION:
Background
The events that occurred since the Department published the
Preliminary Determination on February 25, 2014,\1\ are discussed in the
Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, ``Issues
and Decision Memorandum for the Final Affirmative Determination in the
Less than Fair Value Investigation of Certain Oil
[[Page 41982]]
Country Tubular Goods from India'' (Issues and Decision Memorandum),
which is dated concurrently with and hereby adopted by this notice.
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\1\ See Certain Oil Country Tubular Goods From India:
Preliminary Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, and Postponement of Final Determination, 79 FR 10493 (February
25, 2014) (Preliminary Determination).
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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. For a complete
description of the scope of the investigation, see Appendix I to this
notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum
which is hereby adopted by this notice. A list of the issues raised is
attached to this notice as Appendix II. 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, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly at
http://enforcement.trade.gov/frn/. The signed and electronic versions
of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the calculations of the
weighted-average dumping margins. For a discussion of these changes,
see the ``Margin Calculations'' section of the Issues and Decision
Memorandum.
Verification
As provided in section 782(i) of the Act, in March and April, 2014,
we verified the sales and cost information submitted by Jindal SAW Ltd.
(Jindal SAW) and GVN Fuels Limited (GVN) for use in our final
determination. We used standard verification procedures including an
examination of relevant accounting and production records, and original
source documents provided by Jindal SAW and GVN.\2\
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\2\ See the memoranda, ``Verification of the Sales Response of
Jindal SAW Ltd. in the Antidumping Duty Investigation of Oil Country
Tubular Goods from India,'' May 5, 2014; ``Verification of the Sales
Response of GVN Fuels Ltd in the Antidumping Duty Investigation of
Oil Country Tubular Goods from India,'' May 5, 2014; and
``Verification of the Sales Response of Jindal SAW USA LLC and
Jindal SAW's U.S. Branch in the Antidumping Duty Investigation of
Oil Country Tubular Goods from India,'' May 5, 2014.
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Final Negative Determination of Critical Circumstances
In the Preliminary Determination, the Department found that
critical circumstances exist for Jindal SAW, but not for GVN or for all
other producers and exporters, in accordance with section 733(e)(1) of
the Act and 19 CFR 351.206(c)(1).\3\ Our analysis of the data and
comments submitted by interested parties leads us to change our
findings from the Preliminary Determination.\4\ Therefore, in
accordance with section 735(a)(3) of the Act, we find that critical
circumstances do not exist with respect to imports from Jindal SAW or
GVN, or all other producers or exporters of OCTG from India.
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\3\ See Preliminary Determination, 79 FR 10493, 10494.
\4\ For a full description of the methodology and results of our
analysis, see the Issues and Decision Memorandum.
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Final Determination
The weighted-average dumping margins for this final determination
are as follows:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Jindal SAW Ltd............................................. 9.91
GVN Fuels Limited, Maharashtra Seamless Limited and Jindal 2.05
Pipe Limited..............................................
All Others................................................. 5.79
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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
weighted-average dumping margins calculated for the producers or
exporters individually examined, excluding rates that are zero, de
minimis or determined entirely under section 776 of the Act. We
calculated an above de minimis weighted-average dumping margin for both
of the mandatory respondents not based entirely on section 776 of the
Act, but in weight-averaging these margins to arrive at the all others
rate, we used public data so as not to disclose the proprietary
information of Jindal SAW and GVN.\5\
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\5\ See Memorandum, ``Calculation of the Final Determination
All-Others Rate,'' July 10, 2014 (All-Others Rate Memorandum),
providing the precise calculation relying on public information.
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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).
Suspension of Liquidation
For GVN, because the Preliminary Determination was negative, the
Department will instruct U.S. Customs and Border Protection (CBP) to
suspend liquidation of all appropriate entries of subject merchandise
that are entered, or withdrawn from warehouse, for consumption on or
after the publication date of this final determination, in accordance
with section 735(c)(1)(C) of the Act. For Jindal SAW and for all other
producers or exporters, the Department will instruct CBP to continue to
suspend liquidation of all appropriate entries of subject merchandise
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. We find that critical
circumstances do not exist for Jindal SAW, GVN or any of the all other
producers or exporters. Accordingly, we will instruct CBP to liquidate
all appropriate entries of subject merchandise without regard to
antidumping duties from Jindal SAW that were suspended prior to the
publication date of the Preliminary Determination.
Further, the Department will instruct CBP to require a cash deposit
equal to the weighted-average amount by which the normal value exceeds
U.S. price, adjusted where appropriate for export subsidies, as
follows: (1) The rate for Jindal SAW and GVN, when adjusted for export
subsidies, is zero percent; (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, less
export subsidies; (3) the rate for all other producers or
[[Page 41983]]
exporters when adjusted for export subsidies is zero percent.\6\
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\6\ Consistent with the Department's normal practice, because we
calculated the ``All Others Rate'' in this investigation by weight-
averaging public data from the two mandatory respondents, the ``All
Others Rate'' included an export subsidy rate equal to the average
of the CVD export subsidy rates applicable to the mandatory
respondents. See Utility Scale Wind Towers From the People's
Republic of China: Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 77 FR 46034,
46043 (August 2, 2012); see also All-Others Rate Memorandum for the
derivation of the All-Others export subsidies.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our final determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information related to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order (APO), without the written consent of the Assistant
Secretary for Enforcement and Compliance.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 51.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries. Failure to comply with this requirement could
result in the Secretary's presumption that reimbursement of antidumping
duties occurred and the subsequent assessment of double antidumping
duties.
Administrative Protective Orders
This notice will serve as the only reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of return/destruction or 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
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting 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 Issues and Decision Memorandum
1. Summary
2. Background
3. Critical Circumstances
4. Scope of the Investigation
5. Margin Calculations
6. Discussion of the Issues
7. Recommendation
[FR Doc. 2014-16868 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P