[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Notices]
[Pages 46403-46404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18831]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-850]
Certain Oil Country Tubular Goods From Taiwan: Amended Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 18, 2014, the Department published its final
determination of sales at less than fair value in the antidumping duty
investigation of certain oil country tubular goods from Taiwan. The
Department is amending its final determination to correct a ministerial
error with respect to one respondent.
DATES: Effective Date: August 8, 2014.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Hermes Pinilla, 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-
0410 or (202) 482-3477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2014, the Department published its final determination
of sales at less than fair value in the antidumping duty investigation
of certain oil country tubular goods from Taiwan.\1\ On July 21, 2014,
Tension Steel Industries Co., Ltd. (Tension), submitted a ministerial
error allegation.
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\1\ See Certain Oil Country Tubular Goods From Taiwan: Final
Determination of Sales at Less Than Fair Value, 79 FR 41979 (July
18, 2014) (Final Determination).
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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,
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.
Amendment to the Final Determination
A ``ministerial error'' is defined under 19 CFR 351.224(f) as: An
error in addition, subtraction, or other arithmetic function, clerical
error resulting from inaccurate copying,
[[Page 46404]]
duplication, or the like, and any other similar type of unintentional
error which the Secretary considers ministerial. See also section
735(e) of the Tariff Act of 1930, as amended.
On July 21, 2014, Tension submitted a ministerial error allegation.
After analyzing Tension's allegation, we agree with Tension that the
Department committed a ministerial error within the meaning of 19 CFR
351.224(f) by using an incorrect variable name for U.S. rebates.
Specifically, we meant to set certain U.S. rebates to zero but
inadvertently did not because we made a typographical error in the
variable name in the programming.\2\ Correcting this error results in
the weighted-average dumping margin for Tension changing from 2.52
percent to 2.34 percent.
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\2\ See Memorandum to File, ``Less-Than-Fair-Value Investigation
of Certain Oil Country Tubular Goods From Taiwan: Amended Final
Determination Analysis Memorandum for Tension Steel Industries,''
dated concurrently with this memorandum for the specific SAS
programming language correcting the error.
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Amended Final Determination
The Department determines that the following weighted-average
dumping margins exist for the period July 1, 2012, through June 30,
2013:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Chung Hung Steel Corp...................................... \3\ 0.00
Tension Steel Industries Co., Ltd.......................... 2.34
All Others................................................. 2.34
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Continuation of Suspension of Liquidation
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 Taiwan--with the exception of subject
merchandise produced and exported by Chung Hung Steel Corp., for which
we found no weighted average dumping margin--which were entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the Final Determination. With the exception of subject
merchandise produced and exported by Chung Hung Steel Corp., 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 Tension Steel Industries Co., Ltd., will be the rate we
determined in this amended 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
2.34 percent, as discussed in the ``All Others Rate'' section, below.
These suspension of liquidation instructions will remain in effect
until further notice.
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\3\ The rate for Chung Hung Steel Corp. did not change from the
Final Determination.
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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. Because the margin for Chung Hung Steel Corp. was zero, we
assigned as the all others rate the margin calculated for Tension, the
only margin we calculated that was neither de minimis nor determined
under section 776 of the Act; that rate is 2.34 percent.
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 the Final Determination and our
amended final determination. As the Final Determination (and amended
final determination) was affirmative and our amended preliminary
determination was negative, in accordance with section 735(b)(3) of the
Act, the ITC will determine within 75 days of the Final Determination
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.
This amended final determination notice is published in accordance
with section 735(e) of the Act and 19 CFR 351.224(e).
Dated: July 31, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-18831 Filed 8-7-14; 8:45 am]
BILLING CODE 3510-DS-P