[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Pages 74644-74647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30221]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-943]


Certain Oil Country Tubular Goods From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 2010-
2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 8, 2012, the Department of (``the Department'') 
published its preliminary results of the antidumping duty 
administrative review of the antidumping duty order on oil country 
tubular goods (``OCTG'') from the People's Republic of China 
(``PRC'').\1\ The period of review (``POR'') is May 19, 2010, through 
April 30, 2011.\2\ The Department determined that Jiangsu Chengde Steel 
Tube Share Co., Ltd. (``Jiangsu Chengde''), Taizhou Chengde Steel Tube 
Co., Ltd. (``Taizhou Chengde''), and Yangzhou Chengde Steel Tube Co., 
Ltd. (``Yangzhou Chengde'') (collectively ``the Chengde Group'') \3\ 
made sales of subject merchandise in the United States at prices below 
normal value (``NV'') during the POR. We invited interested parties to 
comment on our preliminary results. Based on our analysis of the 
comments received, we made changes to our margin calculations for the 
Chengde Group. The final weighted-average dumping margins for this 
review are listed in the ``Final Results Margins'' section below.
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    \1\ See Certain Oil Country Tubular Goods From the People's 
Republic of China: Preliminary Results of the First Antidumping Duty 
Administrative Review, Rescission in Part and Intent To Rescind in 
Part, 77 FR 34013 (June 8, 2012) (``OCTG Prelim'')
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 76 FR 24460 (May 2, 2011).
    \3\ See OCTG Prelim, 77 FR at 34015 (June 8, 2012) (where we 
collapsed these companies into a single entity). No party commented 
on this determination in the case or rebuttal briefs.

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DATES: Effective Date: December 17, 2012.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Eugene Degnan, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4474 and (202) 482-0414, respectively.

Background

    On June 8, 2012, the Department published its preliminary results 
in the antidumping duty administrative review of OCTG from the PRC.\4\ 
On September 12, 2012, the Department released draft liquidation and 
cash deposit customs instructions to interested parties inviting 
comments by September 17, 2012, and rebuttal comments by September 20, 
2012. American Tubular Products, LLC (``ATP'') submitted comments on 
September 17, 2012 and U.S. Steel Corporation (``U.S. Steel'') 
submitted rebuttal comments on September 20, 2012.
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    \4\ See OCTG Prelim.
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    Also on September 20, 2012, the Department extended the deadline 
for the final results of review to December 5, 2012.\5\ In addition, as 
explained in the memorandum from the Assistant Secretary for Import 
Administration, the Department has exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from October 29, through October 30, 2012. Thus, all deadlines in this 
segment of the proceeding have been extended by two days. The revised 
deadline for the final results of this review is now Friday, December 
7, 2012.\6\
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    \5\ See Memorandum ``Certain Oil Country Tubular Goods from the 
People's Republic of China: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review'' dated September 20, 
2012.
    \6\ See Memorandum to the Record from Paul Piquado, AS for 
Import Administration, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During the Recent 
Hurricane,'' dated October 31, 2012.

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[[Page 74645]]

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, ``Oil Country Tubular Goods from the People's Republic 
of China: Issues and Decision Memorandum for the Final Results of the 
First Administrative Review (``Issues and Decision Memorandum''),'' 
dated concurrently with, and hereby adopted by, this notice. A list of 
the issues that parties raised and to which the Department responded in 
the Issues and Decision Memorandum follows as an appendix to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and is available to all parties in the Central 
Records Unit (``CRU''), room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Period of Review

    The POR is May 19, 2010, through April 30, 2011.

Scope of the Order

    The merchandise covered by the order consists of certain OCTG. The 
merchandise covered by the order 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 OCTG coupling stock covered by the order 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, and 7304.59.80.80. Although the HTSUS subheadings are 
provided for convenience and customs purposes only, the written product 
description, available in Certain Oil Country Tubular Foods From the 
People's Republic of China: Amended Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order, 75 FR 28551 (May 21, 
2010), remains dispositive.

Rescission of Review in Part

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of the initiation notice of the requested review. For 52 of 
the 53 companies for which the Department initiated an administrative 
review, U.S. Steel was the only party that requested the review. On 
September 23, 2011, U.S. Steel timely withdrew its review requests for 
all 52 companies for which U.S. Steel was the only party that had 
requested an administrative review.
    Therefor, in OCTG Prelim, the Department rescinded this review in 
accordance with 19 CFR 351.213(d)(1) for those companies named in the 
Initiation Notice for this administrative review that received separate 
rate status in the Final Determination, other than Jiangsu Chengde, 
which requested a review of itself.\7\
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    \7\ See Appendix II for a list of these companies.
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    For the final results, the Department is rescinding the review with 
respect to companies on which this review was initiated but had not 
received a separate rate in the Final Determination. As described 
above, U.S. Steel withdrew its review request covering these companies. 
The Department did not rescind this review at the time of the 
preliminary results for those companies that had not established their 
eligibility for a separate rate in the Final Determination and were 
considered part of the PRC-wide entity which could potentially be under 
review for the final results of this administrative review.\8\ The PRC-
wide entity did not come under review for these final results. 
Therefore, the Department is rescinding this review with respect to 
these companies in the final results.\9\
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    \8\ See OCTG Prelim, 77 FR at 34014-15.
    \9\ See Appendix III for a list of these companies.
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Changes Since the Preliminary Results

    Based on an analysis of the comments received, the Department has 
made the following changes in the margin calculation.
     The Department is valuing steel billets using SVs for both 
alloy and nonalloy steel.\10\
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    \10\ See Comment 1 of the accompanying Issues and Decision 
Memorandum.
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     The Department is valuing thread protectors as a material 
input only.\11\
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    \11\ See Comment 7 of the accompanying Issues and Decision 
Memorandum.
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Final Results Margin

    The Department determined the weighted-average dumping margins for 
the period May 19, 2010, through April 30, 2011, to be:

------------------------------------------------------------------------
                                                            Weighted-
                                                         Average dumping
                        Exporter                              margin
                                                           (percentage)
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Jiangsu Chengde, Yangzhou Chengde, Taizhou Chengde               172.54
 (collectively, The Chengde Group......................
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries covered by this review. 
The Department intends to issue assessment instructions to CBP 15 days 
after the publication date of the final results of this review. For any 
individually examined respondents whose weighted-average dumping margin 
is above de minimis, we calculated importer-specific ad valorem

[[Page 74646]]

duty assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1).\12\ We 
will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review when the importer-specific assessment 
rate calculated in the final results of this review is above de minimis 
(i.e., 0.50 percent). Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \12\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the ``Act''): (1) For the exporters listed above, the cash 
deposit rate will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, i.e., less than 0.5 
percent, a zero cash deposit rate will be required for that company); 
(2) for previously investigated or reviewed PRC and non-PRC exporters 
not listed above that have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the PRC-wide rate of 99.14 percent; \13\ and (4) for all non-
PRC exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter(s) that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \13\ For an explanation on the derivation of the PRC-wide rate, 
see Notice of Final Determination of Sales at Less Than Fair Value: 
Chlorinated Isocyanurates From the People's Republic of China, 70 FR 
24502, 24505 (May 10, 2005).
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Disclosure

    The Department 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). The Department is 
issuing and publishing the final results and notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 5, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Issues for the Final Results

Comment 1: Valuation of Steel Billets
Comment 2: Whether To Grant Chengde a By-Product Offset
Comment 3: Valuation of Brokerage and Handling
Comment 4: Surrogate Financial Ratios
Comment 5: Assessment
Comment 6: Valuation of Labor
Comment 7: Double Counting of Thread Protectors
Comment 8: Valuation of Ocean Freight
Comment 9: Valuation of Inland Freight

Appendix II

Companies With Separate Rates From the Final Determination for Which 
the Review Request Was Withdrawn

1. Anhui Tianda Oil Pipe Co., Ltd.
2. Benxi Northern Steel Pipes Co., Ltd.
3. Faray Petroleum Steel Pipe Co., Ltd.
4. Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, The 
Thermal Recovery Equipment, Zibo Branch
5. Hengyang Steel Tube Group Int'l Trading Inc
6. Jiangyin City Changjiang Steel Pipe Co., Ltd.
7. Shandong Dongbao Steel Pipe Co., Ltd.
8. Shandong Molong Petroleum Machinery Co., Ltd.
9. Shengli Oil Field Freet Petroleum Equipment Co., Ltd.
10. Shengli Oil Field Freet Petroleum Steel Pipe Co., Ltd.
11. Shengli Oil Field Highland Petroleum Equipment Co., Ltd.
12. Tianjin Pipe International Economic & Trading Corp.
13. Tianjin Tiangang Special Petroleum Pipe Manufacturer Co., Ltd.
14. Wuxi Baoda Petroleum Special Pipe Manufacture Co., Ltd.
15. Wuxi Seamless Oil Pipe Co., Ltd.
16. Wuxi Zhenda Special Steel Tube Manufacturing Co., Ltd.
17. Xigang Seamless Steel Tube Co., Ltd. and
18. Yangzhou Lontrin Steel Tube Co., Ltd.

Appendix III

Companies Without Separate Rates From the Final Determination for Which 
the Review Request Was Withdrawn

1. Baoshan Iron & Steel Co., Inc.
2. Baosteel Group
3. Cangzhou Huaye Metal Products Co., Ltd.
4. Cangzhou Qiancheng Steel Pipe Co.
5. Freet Petroleum Equipment Group Co., Ltd.
6. Guangzhou Juyi Steel Pipes Co., Ltd.
7. Hebei Machinery Import & Export Co., Ltd.
8. Hebei Zhongyuan Steel Pipe Manufacturing Co., Ltd.
9. Hefei Zijin Steel Tube Manufacturing Co., Ltd.
10. Hengyang Valin MPM Tube Co., Ltd.
11. Hengyang Valin Steel Tube Co., Ltd.
12. Huai'an Zhenda Steel Tube Manufacturing Co., Ltd.
13. Huludao Steel Pipe Industrial Co., Ltd.
14. Huludao City Steel Pipe Industrial Co., Ltd.
15. Jiangsu Changbao Precision Tube Co., Ltd.
16. Jiangsu Changbao Steel Tube Co., Ltd.
17. Jiangsu Yulong Steel Pipe Co., Ltd.
18. Jiangyin Chuangzin Oil Pipe
19. Jiangyin City Seamless Steel Tube Factory
20. Jinan Meide Casting Co., Ltd.
21. Northern Tool Equipment Co., Ltd.
22. Shandong Molong Group Co.
23. Shengli Oil Field Freet Import & Export Co., Ltd.
24. Thermal Recovery Equipment Manufacturer of Shengli Oil Field 
Freet Petroleum Equipment Co. Ltd.,
25. Tianjin Pipe Group Co., Ltd.
26. Tianjin Shuangjie Pipe Manufacturing Co., Ltd.
27. Wuxi Fastube Industry Co.
28. Wuxi Huayou Special Steel Co., Ltd.
29. Wuxi Seamless Special Pipe Co., Ltd.
30. Xi'An Meixinte Industrial & Trading Co., Ltd.
31.Yantai Yuanhua Steel Tubes Co., Ltd.

[[Page 74647]]

32. ZhangJiaGang ZhongYuan Pipe-Making Co.
33. Zhejiang Jianli Enterprise Co., Ltd.

[FR Doc. 2012-30221 Filed 12-14-12; 8:45 am]
BILLING CODE P