[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41969-41971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16875]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-815]
Certain Oil Country Tubular Goods From Ukraine: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances
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 Ukraine 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 Margins.''
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: David Lindgren, 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-
3870.
SUPPLEMENTARY INFORMATION:
Background
On February 25, 2014, the Department published in the Federal
Register the preliminary determination of sales at LTFV in the
antidumping duty investigation of OCTG from Ukraine.\1\ The following
events occurred since the Preliminary Determination was issued. We
issued supplemental sales and cost questionnaires to Interpipe,\2\ and
received responses to these supplemental questionnaires in March 2014.
Also, in May 2014, Interpipe submitted revised sales databases pursuant
to the Department's requests.
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\1\ See Certain Oil Country Tubular Goods from Ukraine:
Preliminary Determination of Sales at Less Than Fair Value, Negative
Preliminary Determination of Critical Circumstances, and
Postponement of Final Determination, 79 FR 10482 (February 25, 2014)
(Preliminary Determination).
\2\ The Department preliminarily determined that Interpipe
Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky
Tube Rolling Plant (aka Interpipe NTRP); LLC Interpipe Niko Tube;
North American Interpipe, Inc. (collectively, Interpipe) are
affiliated and should be considered a single entity. For this final
determination, we continue to find that these companies are
affiliated. For a more detailed discussion on the Department's
analysis regarding affiliation and treatment of Interpipe Europe
S.A. and certain affiliated companies as a single entity, see
Preliminary Determination and accompanying Preliminary Determination
Memorandum at 5-8.
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On March 27, 2014, the petitioners \3\ requested that the
Department hold a hearing in this investigation and, subsequently, on
June 3, 2014, the petitioners withdrew their hearing request.\4\
Between March 24, and April 15, 2014, the Department conducted sales
and cost verifications of Interpipe, in accordance with section 782(i)
of the Act. On May 28, and June 4, 2014, the petitioners and Interpipe
submitted case and rebuttal briefs, respectively.
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\3\ Boomerang Tube, Energex Tube, a division of JMC Steel Group,
Maverick Tube Corporation, Northwest Pipe Company, Tejas Tubular
Products, TMK IPSCO, United States Steel Corporation, Vallourec
Star, L.P., and Welded Tube USA Inc. (collectively, the
petitioners).
\4\ See U.S. Steel's March 27, 2014 Hearing Request; see also
U.S. Steel's June 3, 2014 Request to Withdrawal the Hearing Request.
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The Department issued a draft suspension agreement on June 10, 2014
and received comments from interested parties on June 17, 2014. On July
1 and 3, 2014, we received requests from petitioners and Interpipe,
respectively, requesting that we continue the investigation, should we
enter into a suspension agreement. Subsequently, on July 10, 2014, the
Department signed a suspension agreement with Interpipe (the
Agreement).
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
[[Page 41970]]
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.\5\ 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.
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\5\ See 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 Country Tubular Goods from Ukraine'' (Issues and
Decision Memorandum), which is dated concurrently with and hereby
adopted by this notice.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations. 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 Interpipe 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
Interpipe.\6\
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\6\ See Memorandum to the File regarding ``Verification of the
Cost Response of Interpipe Limited in the Antidumping Duty
Investigation of Oil Country Tubular Goods from Ukraine,'' dated May
8, 2014; see also Memorandum to the File regarding ``Verification of
the Sales Responses of Interpipe in the Antidumping Duty
Investigation of Oil Country Tubular Goods from Ukraine,'' dated May
19, 2014; Memorandum to the File regarding ``Verification of the
U.S. Sales Responses of Interpipe in the Antidumping Duty
Investigation of Oil Country Tubular Goods from Ukraine,'' dated May
19, 2014.
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Final Negative Determination of Critical Circumstances
In the Preliminary Determination, the Department found that there
was no basis to believe or suspect the existence of critical
circumstances with respect to imports of OCTG from Ukraine, in
accordance with section 733(e)(1) of the Act and 19 CFR
351.206(c)(1).\7\ In accordance with section 735(a)(1)(3) of the Act,
we continue to find that critical circumstances do not exist with
respect to imports from Interpipe or all other producers or exporters
of OCTG from Ukraine.\8\
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\7\ See Preliminary Determination, 79 FR at 10483 and
accompanying Preliminary Determination Memorandum at 16-18.
\8\ See Issues and Decision Memorandum at ``Critical
Circumstances.''
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Final Determination Margins
The weighted-average dumping margins are as follows:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC 6.73
Interpipe Niznedneprovsky Tube Rolling Plant (aka
Interpipe NTRP); LLC Interpipe Niko Tube..................
All Others................................................. 6.73
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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. The ``All
Others'' rate is based on the weighted-average dumping margin
calculated for Interpipe, the sole mandatory respondent in the
investigation.
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).
Termination of Suspension of Liquidation
As noted above, on July 10, 2014, the Department signed a
suspension agreement with Interpipe (the Agreement). Therefore, in
accordance with section 773(f)(2)(A) of the Act, we will instruct U.S.
Customs and Border Protection to terminate the suspension of
liquidation of all entries of OCTG from Ukraine. Any cash deposits of
entries of OCTG from Ukraine shall be refunded. Pursuant to the
requests for continuation discussed above, we have continued and
completed the investigation in accordance with section 734(g) of the
Act. We found the antidumping duty margins noted above in the ``Final
Determination Margins'' section.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our final determination.
Because our final determination is affirmative, the ITC will, within 45
days, determine whether these imports are materially injuring, or
threatening material injury to, the U.S. industry. If the ITC
determines that material injury, or threat of material injury does not
exist, the Agreement will have no force or effect, and the
investigation shall be terminated.\9\ If the ITC determines that such
injury does exist, the Agreement shall remain in force but the
Department shall not issue an antidumping order so long as (1) the
Agreement remains in force, (2) the Agreement continues to meet the
requirements of subsections (d) and (l) of the Act, and (3) the parties
to the Agreement carry out their obligations under the Agreement in
accordance with its terms.\10\
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\9\ See section 734(f)(3)(A) of the Act.
\10\ See section 734(f)(3)(B) of the Act.
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Return or Destruction of Proprietary Information
This notice will serve as the only reminder to parties subject to
administrative protective order (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.
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
[[Page 41971]]
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
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
1. Re-Export Sales
2. Reject Merchandise
3. Interpipe's U.S. and Home Market Packing Costs
4. Differences Between Theoretical and Actual Weights
5. Payment Information Provided at Verification as Minor
Correction
6. Major Input Adjustment
7. Revalued Depreciation
8. Impairment Losses
9. Cost Verification Findings
VII. Recommendation
[FR Doc. 2014-16875 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P