[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Notices]
[Pages 53688-53691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21705]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-858, C-489-817]
Certain Oil Country Tubular Goods From India and the Republic of
Turkey: Countervailing Duty Orders and Amended Affirmative Final
Countervailing Duty Determination for India
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the amended affirmative final determination with
respect to India and the affirmative final determination with respect
to the Republic of Turkey (``Turkey'') by the Department of Commerce
(the ``Department'') and the International Trade Commission (``ITC''),
the Department is issuing countervailing duty orders on certain oil
country tubular goods (``OCTG'') from India and Turkey. The Department
is amending its final determination with respect to India to correct
certain ministerial errors as explained below.
[[Page 53689]]
DATES: Effective Date: September 10, 2014.
FOR FURTHER INFORMATION CONTACT: Turkey: Shane Subler or Jennifer Meek,
AD/CVD Operations, Office I, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0189 and (202) 482-2778, respectively.
India: Myrna Lobo, Elfi Blum or Lingjun Wang, 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-
2371, (202) 482-0197, and (202) 482-2316, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2014, the Department published its final determinations
in the countervailing duty investigations of OCTG from India and
Turkey.\1\ On September 2, 2014, the ITC notified the Department of its
final determination pursuant to section 705(b)(1)(A)(i) of the Tariff
Act of 1930, as amended (``the Act''), that an industry in the United
States is materially injured by reason of subsidized imports of subject
merchandise from India and Turkey.\2\ The ITC also determined that
critical circumstances do not exist.\3\
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\1\ See 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 Final Determination''); see also 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 Final Determination'').
\2\ See 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, USITC Pub. 4489 (Final) (September 2014).
\3\ Id.
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Scope of the Orders
The merchandise covered by the orders 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 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, 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.
Amended Affirmative Final Determination
On July 14, 2014, the Department disclosed to interested parties
its calculations for the India Final Determination. On July 21, 2014,
we received ministerial error comments from United States Steel
Corporation (``Petitioner'') and Jindal SAW Limited (``Jindal SAW'').
Jindal SAW filed rebuttal comments to Petitioner's ministerial error
allegation on July 26, 2014. Petitioner filed rebuttal comments to
Jindal SAW's ministerial error comments on July 28, 2014.
Section 705(e) of the Act and 19 CFR 351.224(f) define a
``ministerial error'' as an error ``in addition, subtraction, or other
arithmetic function, clerical error resulting from inaccurate copying,
duplication, or the like, and any similar type of unintentional error
which the Secretary considers ministerial.'' After analyzing the
ministerial error comments, we determine, in accordance with section
705(e) of the Act and 19 CFR 351.224(e), that we made the following
ministerial error in our calculations for the India Final
Determination: we inadvertently used Jindal SAW's sales of subject
merchandise to the United States inclusive of freight and other
expenses as the denominator for our calculations, when we clearly
stated our intent in the Final Determination to use free on board
(``FOB'') values as the denominator for rate calculations. For a
detailed discussion of this ministerial error, as well as the
Department's analysis of another ministerial error allegation (which we
determine not to be a ministerial error), see the Ministerial Error
Memorandum.\4\
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\4\ See Memorandum To Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, Through Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations,
From Edward C. Yang, Director, Office VII, Antidumping and
Countervailing Duty Operations: Final Results of Countervailing Duty
Investigation of Certain Oil Country Tubular Goods from India:
Ministerial Error Allegation, dated August 12, 2014 (``Ministerial
Error Memorandum'').
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In accordance with section 705(e) of the Act and 19 CFR 351.224(e),
we are amending the final affirmative countervailing duty determination
for Jindal SAW and for ``All Others'' for OCTG from India.\5\ We
determine the revised total estimated net countervailable subsidy rates
to be 19.57 percent for Jindal SAW and 12.62 percent for All Others.\6\
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\5\ The total estimated net countervailable subsidy from the
India Final Determination for GVN Fuels Limited and its cross-owned
producers Maharashtra Seamless Limited and Jindal Pipes Limited
(``GVN/MSL/JPL'') remains unchanged at 5.67 percent. See India Final
Determination, 79 FR at 41968.
\6\ Because we calculated a simple average of the two
respondents' rates in the India Final Determination to derive an
``All Others'' rate and the rate for one respondent has changed with
this amended final determination, we have also revised the ``All
Others'' rate. See India Final Determination, 79 FR at 41967-68.
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[[Page 53690]]
Countervailing Duty Orders
In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC notified the Department of its final determination that the
industry in the United States producing OCTG is materially injured by
reason of subsidized imports of OCTG from India and Turkey. Therefore,
in accordance with section 705(c)(2) of the Act, we are publishing
these countervailing duty orders.
For India, as a result of the ITC's final determination, in
accordance with section 706(a) of the Act, the Department will direct
U.S. Customs and Border Protection (``CBP'') to assess, upon further
instruction by the Department, countervailing duties on unliquidated
entries of OCTG produced and/or exported by GVN/MSL/JPL and ``all
other'' companies that were entered, or withdrawn from warehouse, for
consumption on or after December 23, 2013, the date on which the
Department published its affirmative preliminary countervailing duty
determination in the Federal Register, and before April 22, 2014, the
date on which the Department instructed CBP to discontinue the
suspension of liquidation in accordance with section 703(d) of the Act.
Section 703(d) of the Act states that the suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months. Therefore, entries of OCTG produced and/or
exported by GVN/MSL/JPL and ``all other'' companies made on or after
April 22, 2014, and prior to the date of publication of the ITC's final
determination in the Federal Register are not liable for the assessment
of countervailing duties due to the Department's discontinuation,
effective April 22, 2014, of the suspension of liquidation. For Jindal
SAW, countervailing duties will be assessed, upon further instruction
from the Department, on unliquidated entries of OCTG entered, or
withdrawn from warehouse, for consumption on or after July 18, 2014,
the date on which the Department published its affirmative final
determination in the Federal Register.
With regard to the ITC's negative critical circumstances
determination, the Department will instruct CBP to lift suspension and
refund any cash deposit of estimated countervailing duties for entries
on or after April 19, 2014 (i.e., the date 90 days prior to the date of
publication of the India Final Determination), but before July 18,
2014, and produced and/or exported by Jindal SAW. Further, the
Department will instruct CBP to lift suspension and refund any cash
deposit of estimated countervailing duties for entries on or after
September 24, 2013 (i.e., 90 days prior to the date of publication of
the India Preliminary Determination \7\) but before December 23, 2013,
for ``All Others.''
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\7\ See Certain Oil Country Tubular Goods From India:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping
Determination, 78 FR 77421 (December 23, 2013) (``India Preliminary
Determination'').
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For Turkey, as a result of the ITC's final determination, in
accordance with section 706(a) of the Act, the Department will direct
U.S. Customs and Border Protection (``CBP'') to assess, upon further
instruction by the Department, countervailing duties on unliquidated
entries of OCTG entered, or withdrawn from warehouse, for consumption
on or after July 18, 2014, the date on which the Department published
its affirmative final countervailing duty determination in the Federal
Register. With regard to the ITC's negative critical circumstances
determination, the Department will instruct CBP to lift suspension and
refund any cash deposit of estimated countervailing duties for entries
on or after April 19, 2014 (i.e., 90 days prior to the date of
publication of the Turkey Final Determination), but before July 18,
2014.
Suspension of Liquidation
For India, in accordance with section 706 of the Act, the
Department will direct CBP to reinstitute the suspension of liquidation
of OCTG from India, effective the date of publication of the ITC's
notice of final determination in the Federal Register, and to assess,
upon further advice by the Department pursuant to section 706(a)(1) of
the Act, countervailing duties for each entry of the subject
merchandise in an amount based on the net countervailable subsidy rates
for the subject merchandise. On or after the date of publication of the
ITC's final injury determination in the Federal Register, CBP must
require, at the same time as importers would normally deposit estimated
duties on this merchandise, a cash deposit equal to the rates noted
below:
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Net subsidy
Producer/exporter rate (Percent)
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GVN Fuels Limited/Maharashtra Seamless Limited/Jindal 5.67
Pipes Limited..........................................
Jindal SAW Limited...................................... 19.57
All Others.............................................. 12.62
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For Turkey, in accordance with section 706 of the Act, the
Department will direct CBP to continue the suspension of liquidation of
OCTG from Turkey, and to assess, upon further advice by the Department
pursuant to section 706(a)(1) of the Act, countervailing duties for
each entry of the subject merchandise in an amount based on the net
countervailable subsidy rates for the subject merchandise. CBP must
require, at the same time as importers would normally deposit estimated
duties on this merchandise, a cash deposit equal to the rates noted
below:
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Net Subsidy
Producer/exporter rate (percent)
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Borusan Istikbal Ticaret, Borusan Mannesmann Boru 15.89
Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S.,
and Borusan Holding A.S................................
Tosyali Dis Ticaret A.S, Tos[ccedil]elik Profil ve Sac 2.53
Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis
Ith. Ihr. A.S., Tosyali Demir Celik San. A.S., and
Tosyali Holding A.S....................................
All Others.............................................. 9.21
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This notice constitutes the countervailing duty orders with respect
to OCTG from India and Turkey, pursuant to section 706(a) of the Act,
and the amended affirmative final countervailing duty determination
with respect to OCTG from India. Interested parties may contact the
Department's Central Records Unit, Room 7046 of the
[[Page 53691]]
main Commerce Building, for copies of an updated list of countervailing
duty orders currently in effect.
This order is issued and published in accordance with sections
705(e) and 706(a) of the Act, 19 CFR 351.211(b), and 19 CFR 351.224(e).
Dated: September 5, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-21705 Filed 9-8-14; 4:15 pm]
BILLING CODE 3510-DS-P