[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Notices]
[Pages 53691-53694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21596]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-857, A-580-870, A-583-850, A-489-816, A-552-817]
Certain Oil Country Tubular Goods From India, the Republic of
Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular Goods
From the Socialist Republic of Vietnam: Amended Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing antidumping duty (AD) orders on certain
oil country tubular goods (OCTG) from India, the Republic of Korea
(Korea), Taiwan, the Republic of Turkey (Turkey), and the Socialist
Republic of Vietnam (Vietnam). In addition, the Department is amending
its final determination of sales at less than fair value (LTFV) from
Vietnam as a result of ministerial errors.
DATES: Effective Date: September 10, 2014.
FOR FURTHER INFORMATION CONTACT: Emily Halle at (202) 482-0176 (India);
Victoria Cho at (202) 482-5075 or Deborah Scott at (202) 482-2657
(Korea); Thomas Schauer at (202) 482-0410 (Taiwan); Catherine Cartsos
at (202) 482-1757 (Turkey); or Fred Baker at (202) 482-2924 or Davina
Friedmann at (202) 482-0698 (Vietnam), AD/CVD Operations, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act) and 19 CFR 351.210(c), on July 18, 2014,
the Department published affirmative final determinations of sales at
LTFV in the investigations of OCTG from India, Korea, Taiwan, Turkey,
and Vietnam.\1\ On August 8, 2014, the Department published an amended
final determination of sales at LTFV in the investigation of OCTG from
Taiwan.\2\ On September 2, 2014, the ITC notified the Department of its
affirmative determinations that an industry in the United States is
materially injured within the meaning of section 735(b)(1)(A)(i) of the
Act by reason of LTFV imports of OCTG from India, Korea, Turkey, and
Vietnam, and threatened with material injury within the meaning of
section 735(b)(1)(A)(ii) of the Act by reason of LTFV imports of OCTG
from Taiwan.\3\ In addition, the ITC found in its final determinations
that critical circumstances do not exist with respect to imports of
subject merchandise from Turkey and Vietnam that are subject to the
Department's final affirmative critical circumstances findings.\4\
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\1\ See Final Determination of Sales at Less Than Fair Value and
Final Negative Determination of Critical Circumstances: Certain Oil
Country Tubular Goods From India, 79 FR 41981 (July 18, 2014) (India
Final Determination); Certain Oil Country Tubular Goods From the
Republic of Korea: Final Determination of Sales at Less Than Fair
Value and Negative Final Determination of Critical Circumstances, 79
FR 41983 (July 18, 2014) (Korea Final Determination); Certain Oil
Country Tubular Goods From Taiwan: Final Determination of Sales at
Less Than Fair Value, 79 FR 41979 (July 18, 2014) (Taiwan Final
Determination); Certain Oil Country Tubular Goods From the Republic
of Turkey: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, in Part,
79 FR 41973 (July 18, 2014) (Turkey Final Determination); and
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, 79 FR
41972 (July 18, 2014) (Vietnam Final Determination), respectively.
\2\ See Certain Oil Country Tubular Goods From Taiwan: Amended
Final Determination of Sales at Less Than Fair Value, 79 FR 46403
(August 8, 2014) (Taiwan Amended Final Determination).
\3\ See Letter from the ITC to the Department, dated September
2, 2014; see also Certain Oil Country Tubular Goods from India,
Korea, Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam
(Investigation Nos. 701-TA-499-500 and 731-TA-1215-1217 and 1219-
1223 (Final), USITC Publication 4489, September 2014).
\4\ See Certain Oil Country Tubular Goods From India, Korea, the
Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam, 79 FR
53080 (September 5, 2014).
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Scope of the Orders
The products covered by these orders are 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 orders also covers
OCTG coupling stock.
Excluded from the scope of the orders 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 orders 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 orders 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,
[[Page 53692]]
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
orders is dispositive.
Amendment to the Final Determination of Sales at Less Than Fair Value
of OCTG From Vietnam
On July 18, 2014, the Department published its affirmative final
determination of sales at LTFV of OCTG from Vietnam.\5\ On July 21,
2014, U.S. Steel Corporation submitted allegations of two ministerial
errors.\6\
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\5\ See Vietnam Final Determination.
\6\ See Letter from U.S. Steel Corporation to the Department,
``Re: Oil Country Tubular Goods from Vietnam'' dated July 21, 2014.
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After analyzing the allegations, the Department determined, in
accordance with section 735(e) of the Act and 19 CFR 351.224(f), that
it made the alleged ministerial errors. Specifically, the Department
unintentionally failed to (1) apply the revised usage factors for
unreported yield loss to the total price of hot-rolled coil (i.e., the
price of hot-rolled coil including brokerage and handling costs and
import fees), and (2) use the usage factor for emulsified oil that the
respondent provided in its opening-day corrections at verification.
Based on our correction of these errors, the respondent's estimated
weighted-average dumping margin increased from 24.22 percent to 25.18
percent.\7\
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\7\ See Memorandum from Christian Marsh to Ronald K. Lorentzen,
``Less-Than-Fair-Value Investigation of Certain Oil Country Tubular
Goods from the Socialist Republic of Vietnam: Allegations of
Ministerial Errors,'' dated August 11, 2014 (Ministerial Errors
Memorandum). The Department also received a request from SeAH Steel
VINA Corporation (SeAH VINA) to correct certain alleged errors. See
Letter from SeAH VINA to the Department, ``Re: Antidumping
Investigation of Oil Country Tubular Goods from Vietnam--Request for
Correction of Egregious Misstatements of Fact and Law in Final
Determination,'' dated July 21, 2014. We determined that the alleged
errors were not ministerial in nature and have not made any changes
based on this request. See Ministerial Errors Memorandum at 4-5.
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In accordance with section 735(d) of the Act, we have notified the
ITC of the Vietnam Final Determination and our amended final
determination.
Antidumping Duty Orders
As stated above, on September 2, 2014, in accordance with section
735(d) of the Act, the ITC notified the Department of its final
determinations in its investigations, in which it found that an
industry in the United States is materially injured by reason of
imports of OCTG from India, Korea, Turkey, and Vietnam, and threatened
with material injury by reason of imports of OCTG from Taiwan.\8\
Because the ITC determined that imports of OCTG from India, Korea,
Taiwan, Turkey, and Vietnam are materially injuring or threatening with
material injury a U.S. industry, unliquidated entries of such
merchandise from India, Korea, Taiwan, Turkey, and Vietnam, entered or
withdrawn from warehouse, for consumption are subject to the assessment
of antidumping duties.
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\8\ See Letter from the ITC to the Department, dated September
2, 2014; see also Certain Oil Country Tubular Goods from India,
Korea, Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam
(Investigation Nos. 701-TA-499-500 and 731-TA-1215-1217 and 1219-
1223 (Final), USITC Publication 4489, September 2014).
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Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of OCTG from India, Korea,
Taiwan, Turkey, and Vietnam. These antidumping duties will be assessed
on unliquidated entries of OCTG from India, Turkey, and Vietnam
entered, or withdrawn from warehouse, for consumption on or after
February 25, 2014, the date of publication of the preliminary
determinations,\9\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination as further described below.
Antidumping duties will also be assessed on unliquidated entries of
OCTG from Korea entered, or withdrawn from warehouse, for consumption
on or after July 18, 2014, the date of publication of the final
determination.\10\
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\9\ 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); Certain Oil Country Tubular Goods From the Republic of
Turkey: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Negative Preliminary Determination of Critical
Circumstances, and Postponement of Final Determination, 79 FR 10484
(February 25, 2014); and 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).
Note that entries for Borusan Mannesmann Boru Sanayi ve Ticaret
and Borusan Istikbal Ticaret will not be subject to assessment of
antidumping duties because the Department's final determination with
respect to that firm was negative. See Turkey Final Determination at
41973.
\10\ The Department did not direct CBP to suspend liquidation of
any entries of OCTG from Korea at the preliminary determination
because the Department did not make an affirmative preliminary
determination of sales at LTFV with respect to OCTG from Korea. See
Certain Oil Country Tubular Goods From the Republic of Korea:
Negative Preliminary Determination of Sales at Less Than Fair Value,
Negative Preliminary Determination of Critical Circumstances and
Postponement of Final Determination, 79 FR 10480 (February 25,
2014).
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Pursuant to section 736(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination if that determination is based on the threat of
material injury, other than threat of material injury described in
section 736(b)(1) of the Act.\11\ In addition, section 736(b)(2) of the
Act requires CBP to release any bond or other security, and refund any
cash deposit made of estimated antidumping duties posted since the
Department's preliminary antidumping duty determination. Because the
ITC's final determination with respect to Taiwan is based on the threat
of material injury and is not accompanied by a finding that injury
would have resulted but for the imposition of suspension of liquidation
of entries since the Department's preliminary determination, section
736(b)(2) of the Act is applicable. However, following publication of
its amended preliminary determination of sales at not LTFV for OCTG
from Taiwan, the Department directed CBP to terminate suspension of
liquidation and release any cash deposits posted.\12\
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\11\ Section 736(b)(1) of the Act states that ``{i{time} f the
ITC, in its final determination under section 735(b), finds material
injury or threat of material injury which, but for the suspension of
liquidation under section 733(d)(2) would have led to a finding of
material injury, then entries of the subject merchandise, the
liquidation of which has been suspended under section 733(d)(2),
shall be subject to the imposition of antidumping duties under
section 731.''
\12\ See Certain Oil Country Tubular Goods From Taiwan: Amended
Preliminary Negative Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 79 FR 18667 (April 3,
2014).
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all entries of OCTG
from India, Korea, Turkey, and Vietnam, with the exception of those for
firms for which the Department's final determination was negative. We
will also instruct CBP to suspend liquidation on all unliquidated
entries of OCTG from Taiwan entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's
[[Page 53693]]
notice of final determination of threat of material injury in the
Federal Register, with the exception of entries for that firm for which
the Department's final determination was negative.\13\ These
instructions suspending liquidation will remain in effect until further
notice.
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\13\ Entries for Chung Hung Steel Corp will not be subject to
assessment of antidumping duties because the Department's final
determination with respect to that firm was negative. See Taiwan
Amended Final Determination, 79 FR at 46404.
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We will also instruct CBP to require cash deposits at rates equal
to the estimated weighted-average dumping margins indicated below.
Accordingly, effective on the date of publication of the ITC's final
affirmative injury determinations, CBP will require, at the same time
as importers would normally deposit estimated duties on this subject
merchandise, a cash deposit at rates equal to the estimated weighted-
average dumping margins listed below.\14\ The relevant all-others rate
(for India, Korea, Taiwan, and Turkey) or the rate for the Vietnam-wide
entity (for Vietnam), as applicable, apply to all producers or
exporters not specifically listed. For the purpose of determining cash
deposit rates, the estimated weighted-average dumping margins for
imports of subject merchandise from India and Turkey will be adjusted,
as appropriate, for export subsidies found in the final determination
of the companion countervailing duty investigations of this merchandise
imported from India or Turkey.\15\
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\14\ See section 736(a)(3) of the Act.
\15\ See India Final Determination, 79 FR at 41982-3 and Turkey
Final Determination, 79 FR at 41972-3, respectively. See also
Certain Oil Country Tubular Goods From India: Final Affirmative
Countervailing Duty Determination and Partial Final Affirmative
Determination of Critical Circumstances, 79 FR 41967 (July 18, 2014)
(India CVD Final Determination) and Certain Oil Country Tubular
Goods From the Republic of Turkey: Final Affirmative Countervailing
Duty Determination and Final Affirmative Critical Circumstances
Determination, 79 FR 41964 (July 18, 2014) (Turkey CVD Final
Determination).
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of OCTG from India, Turkey, and Vietnam, we extended the
four-month period to no more than six months in each case.\16\ As noted
above, in the investigations covering OCTG from India, Turkey, and
Vietnam, the Department published the preliminary determinations on
February 25, 2014. Therefore, the six-month period beginning on the
date of publication of the preliminary determinations ended on August
24, 2014 (i.e., the last day of that six-month period is August 23,
2014). Furthermore, section 737(b) of the Act states that definitive
duties are to begin on the date of publication of the ITC's final
injury determination.
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\16\ We also extended the provisional measures period at the
preliminary determination in the investigation of OCTG from Taiwan.
However, as explained above, we later published an amended
preliminary determination of sales at not LTFV for OCTG from Taiwan,
and directed CBP to terminate suspension of liquidation. Therefore,
the issue of provisional measures for OCTG from Taiwan is moot.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of OCTG from India, Turkey, and Vietnam, entered,
or withdrawn from warehouse, for consumption on or after August 24,
2014, the date the provisional measures expired, until and through the
day preceding the date of publication of the ITC's final injury
determinations in the Federal Register. Suspension of liquidation
resumes on the date of publication of the ITC's final determination in
the Federal Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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India\17\
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Jindal SAW Ltd.......................................... 9.91
GVN Fuels Limited, Maharashtra Seamless Limited and 2.05
Jindal Pipe Limited....................................
All Others.............................................. 5.79
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Korea
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Hyundai HYSCO........................................... 15.75
NEXTEEL Co. Ltd......................................... 9.89
All Others.............................................. 12.82
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Taiwan
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Chung Hung Steel Corp \18\.............................. 0.00
Tension Steel Industries Co., Ltd....................... 2.34
All Others.............................................. 2.34
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Turkey
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Borusan Mannesmann Boru Sanayi ve Ticaret and Borusan 0.00
Istikbal Ticaret \19\..................................
Cayirova Boru Sanayi ve Ticaret A.S. and Yucel Boru 35.86
Ithalat-Ihracat ve Pazarlama A.S.\20\..................
All Others \21\......................................... 35.86
[[Page 53694]]
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\17\ As explained in the India Final Determination, the
estimated weighted-average dumping margin for each respondent and
for ``all others'' will be adjusted for export subsidies. See India
Final Determination, 79 FR at 41982. As a result of the adjustment
for export subsidies, the cash deposit rate for each respondent and
for ``all others'' will be zero. For information regarding these
export subsidies, see India CVD Final Determination and accompanying
Issues and Decision Memorandum at section VI.A, ``Programs
Determined To Be Countervailable;'' see also Memorandum from Edward
C. Yang through Gary Taverman to Ronald K. Lorentzen RE: Amended
Final Determination--Countervailing Duty Investigation of Certain
Oil Country Tubular Goods from India, ``Ministerial Error
Allegations,'' dated August 12, 2014.
\18\ No suspension of liquidation will be required for entries
of this firm because its estimated weighted-average dumping margin
is zero. See Taiwan Amended Final Determination, 79 FR at 46404.
\19\ No suspension of liquidation will be required for entries
of these firms because their estimated weighted-average dumping
margin is zero. See Turkey Final Determination, 79 FR at 41973.
\20\ As explained in the Turkey Final Determination, the
estimated weighted-average dumping margin for these firms will be
adjusted for export subsidies. See Turkey Final Determination, 79 FR
at 41972-73. As a result of the adjustment for export subsidies, the
cash deposit rate for these firms will be 35.68 percent. See Turkey
CVD Final Determination and accompanying Issues and Decision
Memorandum at section VII.A, ``Programs Determined To Be
Countervailable'' for information regarding these export subsidies.
\21\ As explained in the Turkey Final Determination, the
estimated weighted-average dumping margin for ``all others'' will be
adjusted for export subsidies. See Turkey Final Determination, 79 FR
at 41972-73. As a result of the adjustment for export subsidies, the
cash deposit rate for all others will be 35.68 percent. See Turkey
CVD Final Determination and accompanying Issues and Decision
Memorandum at section VII.A, ``Programs Determined To Be
Countervailable'' for information regarding these export subsidies.
------------------------------------------------------------------------
Estimated
weighted-
Exporter Producer average
dumping margin
(percent)
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Vietnam
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SeAH Steel VINA Corporation....... SeAH Steel VINA 25.18
Corporation.
Vietnam-wide Entity............... .................... 111.47
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determinations on imports of OCTG from Turkey and Vietnam, we will
instruct CBP to lift suspension and to refund any cash deposit made to
secure the payment of estimated antidumping duties with respect to
entries of the merchandise entered, or withdrawn from warehouse, for
consumption on or after November 27, 2013 (i.e., 90 days prior to the
date of publication of the preliminary determinations), but before
February 25, 2014, the publication date of the preliminary
determinations.
Notifications to Interested Parties
This notice constitutes the AD orders with respect to OCTG from
India, Korea, Taiwan, Turkey, and Vietnam pursuant to section 736(a) of
the Act. Interested parties can find a list of AD orders currently in
effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders and amended final determination are published in
accordance with sections 736(a) and 735(e) of the Act and 19 CFR
351.211 and 351.224(e).
Dated: September 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-21596 Filed 9-9-14; 8:45 am]
BILLING CODE 3510-DS-P