[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Notices]
[Pages 45505-45512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18164]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-857, A-580-870, A-565-802, A-517-804, A-583-850, A-549-832, A-
489-816, A-823-815, A-552-817]


Certain Oil Country Tubular Goods from India, the Republic of 
Korea, the Republic of the Philippines, Saudi Arabia, Taiwan, Thailand, 
the Republic of Turkey, Ukraine, and the Socialist Republic of Vietnam: 
Initiation of Antidumping Duty Investigations

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

[[Page 45506]]


DATES: Effective Date: July 29, 2013.

FOR FURTHER INFORMATION CONTACT: Emily Halle at (202) 482-0176 (India); 
Victoria Cho at (202) 482-5075 (Korea); Dmitry Vladimirov at (202) 482-
0665 (the Philippines); Jason Rhoads at (202) 482-0123 (Saudi Arabia); 
Thomas Schauer at (202) 482-0410 (Taiwan); Yasmin Nair at (202) 482-
3813 (Thailand); Catherine Cartsos at (202) 482-1757 (Turkey); David 
Lindgren at (202) 482-3870 (Ukraine); or Fred Baker at (202) 482-2924 
(Vietnam), AD/CVD Operations, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On July 2, 2013, the Department of Commerce (the Department) 
received antidumping duty (AD) petitions concerning imports of certain 
oil country tubular goods (OCTG) from India, the Republic of Korea 
(Korea), the Republic of the Philippines (the Philippines), Saudi 
Arabia, Taiwan, Thailand, the Republic of Turkey (Turkey), Ukraine, and 
the Socialist Republic of Vietnam (Vietnam) filed in proper form on 
behalf of United States Steel Corporation, Vallourec Star L.P., TMK 
IPSCO, Energex (division of JMC Steel Group), Northwest Pipe Company, 
Tejas Tubular Products, Welded Tube USA Inc., Boomerang Tube LLC, and 
Maverick Tube Corporation (collectively, the petitioners). The AD 
petitions were accompanied by two countervailing duty (CVD) 
petitions.\1\ The petitioners are domestic producers of OCTG. On July 
8, 2013, the Department requested additional information and 
clarification of certain areas of the petitions.\2\ The petitioners 
filed responses to these requests on July 12, 2013, and a further 
response with respect to Korea on July 15, 2013.\3\
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    \1\ See Petitions for the Imposition of Antidumping and 
Countervailing Duties: Certain Oil Country Tubular Goods from India, 
the Republic of Korea, the Republic of the Philippines, Saudi 
Arabia, Taiwan, Thailand, the Republic of Turkey, Ukraine, and the 
Socialist Republic of Vietnam, dated July 2, 2013 (petitions). 
Neither Maverick Tube Corporation nor Vallourec Star L.P. is 
participating in the petition against Saudi Arabia.
    \2\ See letter from the Department to the petitioners entitled 
``Re: Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Certain Oil Country Tubular Goods from India 
and the Republic of Turkey and Antidumping Duties on Imports of 
Certain Oil Country Tubular Goods from the Republic of Korea, the 
Republic of the Philippines, Saudi Arabia, Taiwan, Thailand, 
Ukraine, and the Socialist Republic of Vietnam: Supplemental 
Questions'' dated July 8, 2013, and letters from the Department to 
the petitioners entitled ``Petition for the Imposition of 
Antidumping Duties on Imports of Oil Country Tubular Goods from 
{country{time} : Supplemental Questions'' on each of the country-
specific records dated July 8, 2013.
    \3\ See Supplement to all Petitions dated July 12, 2013 (General 
Issues Supplement), Supplement to the India Petition dated July 12, 
2013, Supplements to the Korea Petition dated July 12, 2013, and 
July 15, 2013, Supplement to the Philippines Petition dated July 12, 
2013, Supplement to the Saudi Arabia Petition dated July 12, 2013, 
Supplement to the Taiwan Petition dated July 12, 2013, Supplement to 
the Thailand Petition dated July 12, 2013, Supplement to the Turkey 
Petition dated July 12, 2013, Supplement to the Ukraine Petition 
dated July 12, 2013, and Supplement to the Vietnam Petition, dated 
July 12, 2013.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of OCTG from 
India, Korea, the Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, 
Ukraine, and Vietnam are being, or are likely to be, sold in the United 
States at less than fair value within the meaning of section 731 of the 
Act and that such imports are materially injuring, or threatening 
material injury to, an industry in the United States. Also, consistent 
with section 732(b)(1) of the Act, the petitions are accompanied by 
information reasonably available to the petitioners supporting their 
allegations.
    The Department finds that the petitioners filed these petitions on 
behalf of the domestic industry because the petitioners are interested 
parties as defined in section 771(9)(C) of the Act. The Department also 
finds that the petitioners have demonstrated sufficient industry 
support with respect to the initiation of the AD investigations that 
the petitioners are requesting. See the ``Determination of Industry 
Support for the Petitions'' section below.

Periods of Investigations

    Because the petitions were filed on July 2, 2013, the period of 
investigation (POI) for the Vietnam investigation is January 1, 2013, 
through June 30, 2013. The POI for the India, Korea, the Philippines, 
Saudi Arabia, Taiwan, Thailand, Turkey, and Ukraine investigations is 
July 1, 2012, through June 30, 2013.\4\
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    \4\ See 19 CFR 351.204(b)(1).
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Scope of the Investigations

    The product covered by these investigations is OCTG from India, 
Korea, the Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, 
Ukraine, and Vietnam. For a full description of the scope of the 
investigations, see the ``Scope of the Investigations,'' in Appendix I 
of this notice.

Comments on Scope of Investigations

    During our review of the petitions, the Department issued questions 
to, and received responses from, the petitioners pertaining to the 
proposed scope to ensure that the scope language in the petitions would 
be an accurate reflection of the products for which the domestic 
industry is seeking relief. As discussed in the preamble to the 
regulations,\5\ we are setting aside a period for interested parties to 
raise issues regarding product coverage. The Department encourages all 
interested parties to submit such comments by August 12, 2013, 5:00 
p.m. Eastern Time.\6\ All comments must be filed on the records of the 
India, Korea, the Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, 
Ukraine, and Vietnam AD investigations as well as the concurrent India 
and Turkey CVD investigations.
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    \5\ Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 
27296, 27323 (May 19, 1997).
    \6\ Twenty calendar days from the signature date of this notice 
is August 11, 2013, which is a Sunday. Accordingly, we are setting 
the deadline on the next business day.
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Filing Requirements

    All submissions to the Department must be filed electronically 
using Import Administration's Antidumping Countervailing Duty 
Centralized Electronic Service System (IA ACCESS).\7\ An electronically 
filed document must be received successfully in its entirety by the 
time and date noted above. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Import Administration's APO/Dockets Unit, Room 1870, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230, and stamped with the date and time of receipt by 
the deadline noted above.
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011) for details of the 
Department's electronic filing requirements, which went into effect 
on August 5, 2011. Information on help using IA ACCESS can be found 
at https://iaaccess.trade.gov/help.aspx and a handbook can be found 
at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for Antidumping Duty Questionnaires

    The Department requests comments from interested parties regarding 
the appropriate physical characteristics of OCTG to be reported in 
response to the Department's antidumping duty questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors and 
costs of production accurately as well as to develop

[[Page 45507]]

appropriate product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics and (2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, while there may 
be some physical product characteristics utilized by manufacturers to 
describe OCTG, it may be that only a select few product characteristics 
take into account commercially meaningful physical characteristics. In 
addition, interested parties may comment on the order in which the 
physical characteristics should be used in matching products. 
Generally, the Department attempts to list the most important physical 
characteristics first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, we must receive comments 
on product characteristics by August 5, 2013. Rebuttal comments must be 
received by August 12, 2013. All comments and submissions to the 
Department must be filed electronically using IA ACCESS, as referenced 
above.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the industry.
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\8\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\9\
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    \8\ See section 771(10) of the Act
    \9\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of domestic like product distinct from the scope of 
the investigations. Based on our analysis of the information submitted 
on the record, we have determined that OCTG, as defined in the scope of 
the investigations, constitute a single domestic like product and we 
have analyzed industry support in terms of that domestic like 
product.\10\
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    \10\ See Antidumping Duty Investigation Initiation Checklist: 
Oil Country Tubular Goods from India (India AD Initiation 
Checklist), at Attachment II; Antidumping Duty Investigation 
Initiation Checklist: Oil Country Tubular Goods from the Republic of 
Korea (Korea AD Initiation Checklist), at Attachment II; Antidumping 
Duty Investigation Initiation Checklist: Oil Country Tubular Goods 
from the Republic of the Philippines (the Philippines AD Initiation 
Checklist), at Attachment II; Antidumping Duty Investigation 
Initiation Checklist: Oil Country Tubular Goods from Saudi Arabia 
(Saudi Arabia AD Initiation Checklist), at Attachment II; 
Antidumping Duty Investigation Initiation Checklist: Oil Country 
Tubular Goods from Taiwan (Taiwan AD Initiation Checklist), at 
Attachment II; Antidumping Duty Investigation Initiation Checklist: 
Oil Country Tubular Goods from Thailand (Thailand AD Initiation 
Checklist), at Attachment II; Antidumping Duty Investigation 
Initiation Checklist: Oil Country Tubular Goods from the Republic of 
Turkey (Turkey AD Initiation Checklist), at Attachment II; 
Antidumping Duty Investigation Initiation Checklist: Oil Country 
Tubular Goods from Ukraine (Ukraine AD Initiation Checklist), at 
Attachment II; and Antidumping Duty Investigation Initiation 
Checklist: Oil Country Tubular Goods from the Socialist Republic of 
Vietnam (Vietnam AD Initiation Checklist), at Attachment II. These 
checklists are dated concurrently with this notice and on file 
electronically via IA ACCESS. Access to documents filed via IA 
ACCESS is also available in the Central Records Unit (CRU), Room 
7046 of the main Department of Commerce building.
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    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the petitions with reference to the domestic like product 
as defined in the ``Scope of Investigations'' section above. To 
establish industry support, the petitioners provided their production 
of the domestic like product in 2012, and compared this to the 
estimated total production of the domestic like product for the entire 
domestic industry.\11\ The petitioners estimated total 2012 production 
of the domestic like product using domestic shipment data for the OCTG 
industry adjusted by the ratio of the petitioners' production to 
domestic shipments.\12\ Maverick Tube Corporation and Vallourec Star 
L.P. are not the petitioners with respect to the petition for the 
imposition of ADs on imports of OCTG from Saudi Arabia and both 
companies state that they take no position with regard to the petition 
on imports from Saudi Arabia;\13\ therefore, the petitioners provided a 
separate industry support calculation for the Saudi Arabia 
petition.\14\
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    \11\ See Volume I of the petitions, at 3-4 and Exhibit I-3.
    \12\ Id.
    \13\ Id. at 1.
    \14\ See General Issues Supplement, at 7 and Exhibit Supp. I-65.
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    On July 10, 2013, we received a submission from EVRAZ Rocky 
Mountain Steel (Evraz), a domestic producer of OCTG. In the submission, 
Evraz states that it supports the AD and CVD petitions on OCTG from 
India, the Philippines, Saudi Arabia, Korea, Taiwan, Thailand, Turkey, 
Ukraine, and Vietnam. In addition, Evraz provided its 2012 production 
of the domestic like product.\15\
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    \15\ See Letter from EVRAZ Rocky Mountain Steel, dated July 10, 
2013, at 1-2.
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    We have relied upon data the petitioners and Evraz provided for

[[Page 45508]]

purposes of measuring industry support.\16\
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    \16\ See India AD Initiation Checklist, Korea AD Initiation 
Checklist, the Philippines AD Initiation Checklist, Saudi Arabia AD 
Initiation Checklist, Taiwan AD Initiation Checklist, Thailand AD 
Initiation Checklist, Turkey AD Initiation Checklist, Ukraine AD 
Initiation Checklist, and Vietnam AD Initiation Checklist, at 
Attachment II.
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    Based on information provided in the petitions, supplemental 
submissions, and other information readily available to the Department, 
we determine that the petitioners have met the statutory criteria for 
industry support under section 732(c)(4)(A)(i) of the Act for all of 
the petitions because the domestic producers (or workers) who support 
each of the petitions account for at least 25 percent of the total 
production of the domestic like product.\17\ Based on information 
provided in the petitions and other submissions, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(ii) of the Act for all of the petitions because 
the domestic producers (or workers) who support each of the petitions 
account for more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petitions. Accordingly, the Department 
determines that the petitions were filed on behalf of the domestic 
industry within the meaning of section 732(b)(1) of the Act.\18\
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    \17\ Id.
    \18\ Id.
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    The Department finds that the petitioners filed the petitions on 
behalf of the domestic industry because they are interested parties as 
defined in section 771(9)(C) of the Act and they have demonstrated 
sufficient industry support with respect to the antidumping duty 
investigations that they are requesting the Department initiate.\19\
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    \19\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioners allege that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\20\
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    \20\ See General Issues Supplement, at 7-8 and Exhibit Supp. I-
66.
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    The petitioners contend that the industry's injured condition is 
illustrated by reduced market share; underselling and price depression 
or suppression; lost sales and revenues; stunted production, shipments, 
and capacity utilization; hindered growth in employment-related 
variables; and decline in financial performance.\21\ We have assessed 
the allegations and supporting evidence regarding material injury, 
threat of material injury, and causation, and we have determined that 
these allegations are properly supported by adequate evidence and meet 
the statutory requirements for initiation.\22\
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    \21\ See Volume I of the petitions, at 17-64 and Exhibits I-6 
and I-8 through I-54; see also General Issues Supplement, at 8-9.
    \22\ See India AD Initiation Checklist, Korea AD Initiation 
Checklist, the Philippines AD Initiation Checklist, Saudi Arabia AD 
Initiation Checklist, Taiwan AD Initiation Checklist, Thailand AD 
Initiation Checklist, Turkey AD Initiation Checklist, Ukraine AD 
Initiation Checklist, and Vietnam AD Initiation Checklist, at 
Attachment III.
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which the Department based its decision to 
initiate AD investigations of imports of OCTG from India, Korea, the 
Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine, and 
Vietnam. The sources of data for the deductions and adjustments 
relating to U.S. price and NV are discussed in greater detail in the 
country-specific initiation checklists.

Export Price

    For India, the petitioners based U.S. price on price quotes and 
information provided by U.S. trading companies, customers, and foreign 
entities for subject merchandise sold by trading companies to the 
United States produced in India by three Indian producers of OCTG.\23\
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    \23\ See India AD Initiation Checklist.
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    For Korea, the Philippines, Taiwan, Turkey, and Vietnam, the 
petitioners based U.S. prices on price quotes from sales offers of U.S. 
distributors/trading companies for subject merchandise in the United 
States produced in and exported from the subject country by a producer 
of OCTG in that country.\24\
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    \24\ See Korea AD Initiation Checklist, the Philippines AD 
Initiation Checklist, Taiwan AD Initiation Checklist, Turkey AD 
Initiation Checklist, and Vietnam AD Initiation Checklist.
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    For Saudi Arabia, the petitioners based U.S. price on price 
information provided by U.S. sales representatives for subject 
merchandise sold to the United States produced in and exported from 
Saudi Arabia by a Saudi Arabian producer of OCTG.\25\
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    \25\ See Saudi Arabia AD Initiation Checklist.
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    For Thailand and Ukraine, because they were unable to obtain price 
quotes for subject merchandise sold to the United States produced in 
and exported from these countries, the petitioners based U.S. price on 
average unit value data for products classified under the appropriate 
Harmonized Tariff Schedule of the United States (HTSUS) numbers for 
subject merchandise obtained from the U.S. Census Bureau for subject 
merchandise imported from these countries into the United States during 
the POI.\26\
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    \26\ See Thailand AD Initiation Checklist and Ukraine AD 
Initiation Checklist.
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    For India, Korea, the Philippines, Saudi Arabia, Taiwan, Turkey, 
Ukraine, and Vietnam, the petitioners made deductions for movement and 
other expenses consistent with the sales and delivery terms.\27\ For 
Korea, the petitioners additionally adjusted the quoted U.S. prices as 
necessary to account for further manufacturing of the OCTG in the 
United States.\28\ The petitioners made no other adjustments to U.S. 
price.
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    \27\ See India AD Initiation Checklist, Korea AD Initiation 
Checklist, the Philippines AD Initiation Checklist, Saudi Arabia AD 
Initiation Checklist, Taiwan AD Initiation Checklist, Turkey AD 
Initiation Checklist, Ukraine AD Initiation Checklist, and Vietnam 
AD Initiation Checklist.
    \28\ See Korea AD Initiation Checklist.
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Normal Value

    For the Philippines and Taiwan, since home market prices were not 
reasonably available, the petitioners based NV on reasonably available 
third-country prices of the foreign like product produced and offered 
for sale in Canada by a producer of OCTG in the subject country.\29\
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    \29\ Because the petitioners alleged sales below cost (see 
``Sales Below Cost Allegations'' section below), the petitioners 
calculated margins for these countries using constructed value (CV) 
(see ``Normal Value Based on Constructed Value'' section, below). 
See also the Philippines AD Initiation Checklist and Taiwan AD 
Initiation Checklist.
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    For India, the petitioners based NV on price information obtained 
through market research for the foreign like product produced and sold 
in India by three Indian producers of OCTG.\30\
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    \30\ See India AD Initiation Checklist.
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    For Saudi Arabia, the petitioners based NV on home market price 
quotes for the foreign like product produced and sold in Saudi Arabia 
by a Saudi Arabian producer of OCTG.\31\
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    \31\ See Saudi Arabia AD Initiation Checklist.
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    For Thailand, since home market prices were not reasonably 
available, the petitioners based NV on export statistics from Thailand 
to Myanmar, the largest export market for foreign like product from 
Thailand after the United States, from the Global Trade Atlas. \32\
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    \32\ See Thailand AD Initiation Checklist.
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    For Ukraine, the petitioners based NV on price information provided 
by

[[Page 45509]]

market research for the foreign like product produced and sold in 
Ukraine by a Ukrainian producer of OCTG.\33\
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    \33\ See Ukraine AD Initiation Checklist.
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    For Korea and Turkey, the petitioners were unable to obtain home-
market or third-country prices; accordingly, the petitioners based NV 
on CV.\34\
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    \34\ See Korea AD Initiation Checklist and Turkey AD Initiation 
Checklist.
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    For India, the Philippines, and Taiwan, the petitioners made 
deductions for movement expenses consistent with the terms of 
delivery.\35\ For India, the petitioners made a deduction for other 
expenses as well.\36\ The petitioners made no adjustments to NV for 
Korea, Saudi Arabia, Thailand, Turkey, and Ukraine.
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    \35\ See India AD Initiation Checklist, the Philippines AD 
Initiation Checklist, and Taiwan AD Initiation Checklist.
    \36\ See India AD Initiation Checklist.
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    With respect to Vietnam, the petitioners state that the Department 
has long treated Vietnam as a non-market economy (NME) country.\37\ In 
accordance with section 771(18)(C)(i) of the Act, the presumption of 
NME status remains in effect until revoked by the Department. The 
presumption of NME status for Vietnam has not been revoked by the 
Department and, therefore, remains in effect for purposes of the 
initiation of this investigation. Accordingly, the NV of the product is 
appropriately based on factors of production (FOPs) valued in a 
surrogate market economy country in accordance with section 773(c) of 
the Act. In the course of this investigation, all parties, including 
the public, will have the opportunity to provide relevant information 
related to the issues of Vietnam's NME status and the granting of 
separate rates to individual exporters.
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    \37\ See Volume VIII of the petition, at 2.
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    The petitioners claim that India is an appropriate surrogate 
country because it is a market economy that is at a level of economic 
development comparable to that of Vietnam, it is a significant producer 
of the merchandise under consideration, and the data for valuing FOPs 
are both available and reliable.\38\
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    \38\ Id. at 3-5.
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    Based on the information provided by the petitioners, we believe it 
is appropriate to use India as a surrogate country for initiation 
purposes. Interested parties will have the opportunity to submit 
comments regarding surrogate country selection and will be provided an 
opportunity to submit publicly available information to value FOPs 
within 40 days before the scheduled date of the preliminary 
determination.\39\
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    \39\ See 19 CFR 351.301(c)(3)(i). Note that this is the revised 
regulation published on April 1, 2013. See http://www.gpo.gov/fdsys/pkg/CFR-2013-title19-vol3/html/CFR-2013-title19-vol3.htm.
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Factors of Production

    The petitioners based the FOPs usage for materials, labor and 
energy on the consumption rates of a U.S. producer of tubular products. 
The petitioners assert that the experience of the U.S. producer is 
appropriate for comparison to producers in Vietnam because it is a 
comparable producer of welded OCTG.\40\
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    \40\ See Volume VIII of the petition at exhibit VIII-14, at 1.
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Valuation of Raw Materials

    The petitioners valued the FOPs for hot-rolled coil (i.e., the 
primary raw material used to produce subject merchandise) using 
publicly available Indian domestic price data published by Steelworld 
in Indian rupees for the period from October 2012 through March 2013, 
the most recent six-month period for which data were available.\41\
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    \41\ Id. at 4.
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    The petitioners made a deduction for the value of scrap recovered 
during the production process based on the average import value of 
other ferrous waste and scrap using HTSUS subheadings 7204.41 and 
7204.49 as published by Global Trade Atlas for the period from October 
2012 through March 2013.\42\ The petitioners excluded all import values 
from countries previously determined by the Department to maintain 
broadly available, non-industry-specific export subsidies and from 
countries previously determined by the Department to be NME countries. 
In addition, in accordance with the Department's practice, the average 
import value excludes imports that were labeled as originating from an 
unidentified country.
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    \42\ Id. at exhibit VIII-14, at 5.
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Valuation of Labor

    The petitioners calculated labor using a 2005 industry-specific 
wage rate for India from the Yearbook of Labor Statistics, a labor 
database compiled by the International Labor Organization. The 
petitioners adjusted this wage rate for inflation using the Indian 
Consumer Price Index as published by the International Monetary 
Fund.\43\
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    \43\ Id. at exhibit VIII-14, at 6.
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Valuation of Energy

    The petitioners valued electricity using the same rate used by the 
Department in Circular Welded Pipe from Vietnam, i.e., a 2008 unit cost 
for electricity in India based on data from the Central Electricity 
Authority of India.\44\ Similar to Circular Welded Pipe from Vietnam, 
the petitioners did not adjust these data for inflation as they became 
effective on a variety of different dates.\45\
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    \44\ Id. at exhibit VIII-14, at 7, and Circular Welded Carbon-
Quality Steel Pipe from Vietnam, 77 FR 64483 (October 22, 2012).
    \45\ Id.
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Valuation of Factory Overhead, Selling, General and Administrative 
Expenses, and Profit

    The petitioners calculated surrogate financial ratios (i.e., 
manufacturing overhead, selling, general and administrative (SG&A) 
expenses, and profit) using the audited financial statements of 
Maharastra Seamless Limited and Ratnamani Metals & Tubes Ltd., two 
Indian producers of comparable merchandise (i.e., welded OCTG and other 
tubular products), for the fiscal year ending March 31, 2012.\46\
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    \46\ Id. at exhibit VIII-14, at 8
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Sales Below Cost Allegations

    For India, the Philippines, and Taiwan, the petitioners provided 
information demonstrating reasonable grounds to believe or suspect that 
sales of OCTG in the Indian market and, for the Philippines and Taiwan, 
sales of OCTG in the Canadian market, were made at prices below the 
fully-absorbed cost of production (COP), within the meaning of section 
773(b) of the Act, and requested that the Department conduct a country-
wide sales-below-cost investigation. The Statement of Administrative 
Action (SAA), submitted to the Congress in connection with the 
interpretation and application of the Uruguay Round Agreements Act, 
states that an allegation of sales below COP need not be specific to 
individual exporters or producers.\47\ The SAA states that ``Commerce 
will consider allegations of below-cost sales in the aggregate for a 
foreign country, just as Commerce currently considers allegations of 
sales at less than fair value on a country-wide basis for purposes of 
initiating an antidumping investigation.''\48\
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    \47\ See SAA, H.R. Doc. No. 103-316 at 833 (1994).
    \48\ Id.
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    Further, the SAA provides that section 773(b)(2)(A) of the Act 
retains the requirement that the Department have ``reasonable grounds 
to believe or suspect'' that below-cost sales have occurred before 
initiating such an investigation. Reasonable grounds exist when an 
interested party provides specific factual information on costs and

[[Page 45510]]

prices, observed or constructed, indicating that sales in the foreign 
market in question are at below-cost prices.\49\
---------------------------------------------------------------------------

    \49\ Id.
---------------------------------------------------------------------------

Cost of Production

    Pursuant to section 773(b)(3) of the Act, COP consists of the cost 
of manufacturing (COM); SG&A expenses; financial expenses; and packing 
expenses. The petitioners calculated COM based on the petitioners' 
experience adjusted for known differences between the U.S. and the 
industries of the respective country (i.e., India, the Philippines, and 
Taiwan), during the proposed POI.\50\ Using publicly-available data to 
account for price differences, the petitioners multiplied the surrogate 
usage quantities by the surrogate value of the inputs used to 
manufacture OCTG.
---------------------------------------------------------------------------

    \50\ See India AD Initiation Checklist, the Philippines AD 
Initiation Checklist, and Taiwan AD Initiation Checklist.
---------------------------------------------------------------------------

    To determine factory overhead, SG&A, and financial expense rates, 
the petitioners relied on financial statements of producers of 
comparable merchandise operating in the respective foreign country.\51\
---------------------------------------------------------------------------

    \51\ Id.
---------------------------------------------------------------------------

    Based upon a comparison of the prices of the foreign like product 
in the home market or third-country to the calculated COP of the most 
comparable product, we find reasonable grounds to believe or suspect 
that sales of the foreign like products were made below the COP, within 
the meaning of section 773(b)(2)(A)(i) of the Act. Accordingly, the 
Department is initiating country-wide cost investigations on sales of 
OCTG from India in India and on sales of OCTG from the Philippines and 
Taiwan to Canada.

Normal Value Based on Constructed Value

    For India, the Philippines and Taiwan, because they alleged sales 
below cost, pursuant to sections 773(a)(4), 773(b) and 773(e) of the 
Act, the petitioners calculated NV based on CV. The petitioners 
calculated CV using the same average COM, SG&A, financial expense, and 
packing figures used to compute the COPs. The petitioners relied on the 
same financial statements used as the basis for the factory overhead, 
SG&A, and financial expense rates to calculate the profit rates.\52\
---------------------------------------------------------------------------

    \52\ See India AD Initiation Checklist, the Philippines AD 
Initiation Checklist, and Taiwan AD Initiation Checklist.
---------------------------------------------------------------------------

Korea

    The petitioners based NV on CV, as neither a home market nor a 
third country price was reasonably available. Pursuant to section 
773(e) of the Act, CV consists of the COM; SG&A expenses; financial 
expenses; packing expenses; and profit. The petitioners calculated COM 
(except depreciation) based on the petitioners' experience adjusted for 
known differences between the U.S. and Korean industries, during the 
proposed POI, multiplied by the value of the inputs used to manufacture 
OCTG in Korea using publicly-available data. \53\
---------------------------------------------------------------------------

    \53\ See Korea AD Initiation Checklist.
---------------------------------------------------------------------------

    To determine depreciation, SG&A, and financial expense rates, the 
petitioners relied on the financial statements of a Korean producer of 
comparable merchandise. The petitioners relied on the same financial 
statements used as the basis for the factory overhead, SG&A, and 
financial expense rates to calculate the profit rate.\54\
---------------------------------------------------------------------------

    \54\ Id.
---------------------------------------------------------------------------

Turkey

    The petitioners based NV on CV, as neither a home market nor a 
third country price was reasonably available. Pursuant to section 
773(e) of the Act, CV consists of the COM; SG&A expenses; financial 
expenses; packing expenses; and profit. The petitioners calculated COM 
(except factory overhead) and packing expenses based on the 
petitioners' experience adjusted for known differences between the U.S. 
and Turkish industries, during the proposed POI, multiplied by the 
value of the inputs used to manufacture OCTG in Turkey using publicly-
available data. \55\
---------------------------------------------------------------------------

    \55\ See Turkey AD Initiation Checklist.
---------------------------------------------------------------------------

    To determine factory overhead, SG&A, and financial expense rates, 
the petitioners relied on the fiscal year ending 2012 financial 
statements of a Turkish producer of comparable merchandise. The 
petitioners relied on the same fiscal year ending 2012 financial 
statements used as the basis for the factory overhead, SG&A, and 
financial expense rates to calculate the profit rate.\56\
---------------------------------------------------------------------------

    \56\ Id.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of OCTG from India, Korea, the Philippines, Saudi 
Arabia, Taiwan, Thailand, Turkey, Ukraine, and Vietnam are being, or 
are likely to be, sold in the United States at less than fair value. 
Based on comparisons of export price (EP) to NV in accordance with 
section 773(a)(1) of the Act, the estimated dumping margins for OCTG 
from: (1) India range from 12.67 percent to 239.64 percent;\57\ (2) 
Korea range from 66.19 percent to 158.53 percent;\58\ (3) the 
Philippines range from 46.04 percent to 56.38 percent;\59\ (4) Saudi 
Arabia is 53.34 percent;\60\ (5) Taiwan range from 68.44 percent to 
70.98 percent;\61\ (6) Thailand is 118.32 percent;\62\ (7) Turkey range 
from 44.52 percent to 47.20 percent;\63\ and (8) Ukraine range from 
25.75 percent to 30.76 percent.\64\ Based on comparisons of EP to NV in 
accordance with section 773(c) of the Act, the estimated dumping 
margins for OCTG from Vietnam range from 103.43 percent to 111.47 
percent.\65\
---------------------------------------------------------------------------

    \57\ See India AD Initiation Checklist.
    \58\ See Korea AD Initiation Checklist.
    \59\ See the Philippines AD Initiation Checklist.
    \60\ See Saudi Arabia AD Initiation Checklist.
    \61\ See Taiwan AD Initiation Checklist.
    \62\ See Thailand AD Initiation Checklist.
    \63\ See Turkey AD Initiation Checklist.
    \64\ See Ukraine AD Initiation Checklist.
    \65\ See Vietnam AD Initiation Checklist.
---------------------------------------------------------------------------

Initiation of Antidumping Duty Investigations

    Based upon the examination of the AD petitions on OCTG from India, 
Korea, the Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, 
Ukraine, and Vietnam, we find that the petitions meet the requirements 
of section 732 of the Act. Therefore, we are initiating AD 
investigations to determine whether imports of OCTG from India, Korea, 
the Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine, and 
Vietnam are being, or are likely to be, sold in the United States at 
less than fair value. In accordance with section 733(b)(1)(A) of the 
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determinations no later than 140 days after the date of 
this initiation.

Respondent Selection

    The petitioners name 48 companies as producers/exporters of OCTG 
from India, ten companies as producers/exporters of OCTG from Korea, 
one company as a producer/exporter of OCTG from the Philippines, 13 
companies as producers/exporters of OCTG from Saudi Arabia, five 
companies as producers/exporters of OCTG from Taiwan, three companies 
as producers/exporters of OCTG from Thailand, five companies as 
producers/exporters of OCTG from Turkey, three companies as producers/
exporters of OCTG from Ukraine, and eight companies as producers/
exporters of OCTG from Vietnam.\66\
---------------------------------------------------------------------------

    \66\ See the petitions at Volume I, Exhibit I-5.

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[[Page 45511]]

    Following standard practice in AD investigations involving market 
economy countries, in the event the Department determines that the 
number of known exporters or producers for any of these investigations 
is large, the Department may select respondents based on U.S. Customs 
and Border Protection (CBP) data for U.S. imports of OCTG from the 
relevant countries. We intend to release the CBP data under 
Administrative Protective Order (APO) to all parties with access to 
information protected by APO within five days of publication of this 
Federal Register notice.
    We intend to make our decision regarding respondent selection 
within 20 days of publication of this notice. The Department invites 
comments regarding the CBP data and respondent selection within seven 
days of publication of this Federal Register notice for India, Korea, 
the Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, and 
Ukraine.\67\
---------------------------------------------------------------------------

    \67\ See Bottom Mount Combination Refrigerator-Freezers From the 
Republic of Korea and Mexico: Initiation of Antidumping Duty 
Investigations, 76 FR 23281, 23285 (April 26, 2011).
---------------------------------------------------------------------------

    With respect to Vietnam, the petitioners have identified eight 
potential respondents. In accordance with our standard practice for 
respondent selection for NME countries, we intend to issue quantity and 
value questionnaires to each potential respondent and base respondent 
selection on the responses received. In addition, the Department will 
post the quantity and value questionnaire along with the filing 
instructions on the Import Administration Web site (http://ia.ita.doc.gov/ia-highlights-and-news.html). Exporters and producers of 
OCTG from Vietnam that do not receive quantity and value questionnaires 
via mail may still submit a quantity and value response and can obtain 
a copy from the Import Administration Web site. The quantity and value 
questionnaire must be submitted by all Vietnamese exporters/producers 
no later than August 12, 2013.\68\ All quantity and value 
questionnaires must be filed electronically using IA ACCESS.
---------------------------------------------------------------------------

    \68\ As noted above, twenty calendar days from the signature 
date of this notice is August 11, 2013, which is a Sunday. 
Accordingly, we are setting the deadline on the next business day.
---------------------------------------------------------------------------

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate status 
application.\69\ The specific requirements for submitting the separate 
rate application in the Vietnam investigation are outlined in detail in 
the application itself, which will be available on the Department's Web 
site at http://trade.gov/ia/ia-highlights-and-news.html on the date of 
publication of this initiation notice in the Federal Register. The 
separate rate application will be due 60 days after publication of this 
initiation notice. For exporters and producers who submit a separate 
rate status application and have been selected as mandatory 
respondents, these exporters and producers will no longer be eligible 
for consideration for separate rate status unless they respond to all 
parts of the questionnaire as mandatory respondents. The Department 
requires that Vietnam respondents submit a response to both the 
quantity and value questionnaire and the separate rate application by 
their respective deadlines in order to receive consideration for 
separate rate status.
---------------------------------------------------------------------------

    \69\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005) (``Separate 
Rates and Combination Rates Bulletin''), available on the 
Department's Web site at http://trade.gov/ia/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Use of Combination Rates

    The Department will calculate combination rates for certain 
respondents that are eligible for a separate rate in an NME 
investigation. The Separate Rates and Combination Rates Bulletin 
states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\70\

    \70\ See Separate Rates and Combination Rates Bulletin at 6 
(emphasis added).
---------------------------------------------------------------------------

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the petitions have been 
provided to the Governments of India, Korea, the Philippines, Saudi 
Arabia, Taiwan, Thailand, Turkey, Ukraine, and Vietnam via IA ACCESS. 
To the extent practicable, we will attempt to provide a copy of the 
public version of the petitions to each exporter named in the 
petitions, as provided under 19 CFR 351.203(c)(2).

Meeting With the Government of Korea

    Pursuant to a request by the Government of Korea, on July 17, 2013, 
Department officials met with Korean Government officials to discuss 
that government's inquiry regarding the status of the Department's 
consideration of the petition and industry support, as provided under 
section 732(b)(3)(B) of the Act.

ITC Notification

    We have notified the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine no later than August 16, 2013, 
whether there is a reasonable indication that imports of OCTG from 
India, Korea, the Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, 
Ukraine, and Vietnam are materially injuring or threatening material 
injury to a U.S. industry. A negative ITC determination for any country 
will result in the investigation being terminated with respect to that 
country; otherwise, these investigations will proceed according to 
statutory and regulatory time limits.

Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to AD and CVD proceedings: the definition of 
factual information (19 CFR 351.102(b)(21)), and the time limits for 
the submission of factual information (19 CFR 351.301). The final rule 
identifies five categories of factual information in 19 CFR 
351.102(b)(21), which are summarized as follows: (i) Evidence submitted 
in response to questionnaires; (ii) evidence submitted in support of 
allegations; (iii) publicly available information to value factors 
under 19 CFR 351.408(c) or to measure the adequacy of remuneration 
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the 
Department; and (v) evidence other than factual information described 
in (i)-(iv). The final rule requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being

[[Page 45512]]

submitted and, if the information is submitted to rebut, clarify, or 
correct factual information already on the record, to provide an 
explanation identifying the information already on the record that the 
factual information seeks to rebut, clarify, or correct. The final rule 
also modified 19 CFR 351.301 so that, rather than providing general 
time limits, there are specific time limits based on the type of 
factual information being submitted. These modifications are effective 
for all proceeding segments initiated on or after May 10, 2013, and 
thus are applicable to these investigations. Please review the final 
rule, available at http://ia.ita.doc.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these 
investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\71\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives, in all segments of any AD or CVD proceedings initiated 
on or after March 14, 2011.\72\ The formats for the revised 
certifications are provided at the end of the Interim Final Rule. 
Foreign governments and their officials may continue to submit 
certifications in either the format that was in use prior to the 
effective date of the Interim Final Rule, or in the format provided in 
the Interim Final Rule.\73\ The Department intends to reject factual 
information submissions if the submitting party does not comply with 
the revised certification requirements.
---------------------------------------------------------------------------

    \71\ See section 782(b) of the Act.
    \72\ See Certification of Factual Information for Import 
Administration during Antidumping and Countervailing Duty 
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) 
(Interim Final Rule), amending 19 CFR 351.303(g)(1) and (2).
    \73\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 
2, 2011).
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in these investigations 
should ensure that they meet the requirements of these procedures 
(e.g., the filing of letters of appearance as discussed at 19 CFR 
351.103(d)).
    This notice is issued and published pursuant to section 777(i) of 
the Act.

    Dated: July 22, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Scope of the Investigations

    The merchandise covered by the investigations 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 investigations also covers OCTG coupling stock.
    Excluded from the scope of the investigations 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 investigations 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 
investigations is dispositive.

[FR Doc. 2013-18164 Filed 7-26-13; 8:45 am]
BILLING CODE 3510-DS-P