[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Notices]
[Pages 77421-77423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30559]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-858]


Certain Oil Country Tubular Goods From India: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Determination

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain oil tubular goods (OCTG) from India. 
The period of investigation is January 1, 2012, through December 31, 
2012.

DATES: Effective December 23, 2013.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo, Elfi Blum-Page, 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:

Alignment of Final CVD Determination With Final AD Determination

    On the same day the Department initiated this CVD investigation, 
the Department also initiated AD investigations of OCTG from India and 
several other countries.\1\ The CVD investigation and the AD 
investigations cover the same merchandise. On December 16, 2013, in 
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended 
(Act), alignment of the final CVD determination with the final AD 
determination of OCTG from India was requested by the petitioner.\2\ 
Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), we are aligning the final CVD determination with the 
final AD determination. Consequently, the final CVD determination will 
be issued on the same date as the final AD determination, which is 
currently scheduled to be issued no later than April 29, 2014, unless 
postponed.
---------------------------------------------------------------------------

    \1\ 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, 
78 FR 45505 (July 29, 2013).
    \2\ Maverick Tube Corporation, United States Steel Corporation, 
Boomerang Tube, Energex Tube, a division of JMC Steel Group, 
Northwest Pipe Company, Tejas Tubular Products, TMK IPSCO, Vallourec 
Star, L.P., and Welded Tube USA Inc.
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by the investigation is certain oil country 
tubular goods (OCTG), which are hollow steel products of circular 
cross-section, including oil well casing and tubing, of iron (other 
than cast iron) or steel (both carbon and alloy), whether seamless or 
welded, regardless of end finish (e.g., whether or not plain end, 
threaded, or threaded and coupled) whether or not conforming to 
American Petroleum Institute (API) or non-API specifications, whether 
finished (including limited service OCTG products) or unfinished 
(including green tubes and limited service OCTG products), whether or 
not thread protectors are attached. The scope of the investigation also 
covers OCTG coupling stock. For a complete description of the scope of 
the investigation, see Appendix to this notice.

Methodology

    The Department is conducting this countervailing duty (CVD) 
investigation in accordance with section 701 of the Act.\3\ For a full 
description of the methodology underlying our preliminary conclusions, 
see the Preliminary Decision Memorandum.\4\ The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance'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, room 7046 of the 
main Department of Commerce building. In

[[Page 77422]]

addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://trade.gov/enforcement/. 
The signed Preliminary Decision Memorandum and the electronic versions 
of the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ As explained in the memorandum from the Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from October 1, through October 16, 2013. See 
Memorandum for the Record from Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (October 18, 2013). Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day.
    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance regarding ``Decision Memorandum for the Preliminary 
Determination in the Countervailing Duty Investigation of Certain 
Oil Country Tubular Goods from India,'' dated concurrently with this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated a CVD rate for each individually investigated producer/
exporter of the subject merchandise. We relied on section 776 of the 
Act in determining the countervailability of certain programs. Sections 
703(d) and 705(c)(5)(A) of the Act state that for companies not 
individually investigated, we will determine an all-others rate by 
weighting the individual company subsidy rate of each of the companies 
investigated by each company's exports of subject merchandise to the 
United States. However, the all-others rate may not include zero and de 
minimis rates or any rates based entirely on the facts available. In 
this investigation, the only rate that is not de minimis or based 
entirely on facts available is the rate calculated for GVN Fuels 
Limited/Maharashtra Seamless Limited/Jindal Pipes Limited (GVN/MSL/
JPL). Consequently, the rate calculated for GVN/MSL/JPL is also 
assigned as the ``all others'' rate.

Preliminary Determination and Suspension of Liquidation

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                 Company                           Subsidy rate
------------------------------------------------------------------------
GVN Fuels Limited/Maharashtra Seamless    3.50 percent.
 Limited/Jindal Pipes Limited.
Jindal SAW Limited......................  0.97 percent (de minimis).
All Others..............................  3.50 percent.
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (2) of the Act, we are 
directing U.S. Customs and Border Protection to suspend liquidation of 
all entries of OCTG from India that are entered, or withdrawn from 
warehouse, for consumption on or after the date of the publication of 
this notice in the Federal Register, and to require a cash deposit for 
such entries of merchandise in the amounts indicated above. We are not, 
however, ordering suspension of liquidation or the collection of cash 
deposits on entries by Jindal SAW Limited because its CVD rate is de 
minimis.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of announcement of its public 
announcement.\5\ The Department will conduct verification of the 
questionnaire responses submitted in this investigation. Interested 
parties may submit written comments (case briefs) no later than one 
week after the issuance of the final verification report and rebuttal 
comments (rebuttal briefs) within five days after the time limit for 
filing case briefs. Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs 
must be limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    Interested parties, who wish to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, U.S. Department of 
Commerce within 30 days after the date of publication of this 
notice.\6\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\7\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.310(c).
    \7\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Parties are reminded that briefs and hearing requests are to be 
filed electronically using IA ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5:00 p.m. 
Eastern Time on the due date.

ITC Notification

    In accordance with section 703(f) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our determination. In 
addition, we are making available to the ITC all non-privileged and 
non-proprietary information relating to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order, without the written consent of the Assistant 
Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act.

     Dated: December 16, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by the investigation is certain oil 
country tubular goods (OCTG), which are hollow steel products of 
circular cross-section, including oil well casing and tubing, of 
iron (other than cast iron) or steel (both carbon and alloy), 
whether seamless or welded, regardless of end finish (e.g., whether 
or not plain end, threaded, or threaded and coupled) whether or not 
conforming to American Petroleum Institute (API) or non-API 
specifications, whether finished (including limited service OCTG 
products) or unfinished (including green tubes and limited service 
OCTG products), whether or not thread protectors are attached. The 
scope of the investigation also covers OCTG coupling stock.
    Excluded from the scope of the investigation are: casing or 
tubing containing 10.5 percent or more by weight of chromium; drill 
pipe; unattached couplings; and unattached thread protectors.
    The merchandise subject to the investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7304.29.10.10, 7304.29.10.20, 
7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 
7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 
7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 
7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 
7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 
7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 
7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 
7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 
7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 
7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 
7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 
7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 
7306.29.81.50.
    The merchandise subject to the investigation may also enter 
under the following HTSUS item numbers: 7304.39.00.24, 
7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 
7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 
7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40,

[[Page 77423]]

7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 
7304.59.80.65, 7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 
7305.31.60.90, 7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 
7306.50.50.70.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigation is dispositive.
[FR Doc. 2013-30559 Filed 12-20-13; 8:45 am]
BILLING CODE 3510-DS-P