[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10491-10493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04093]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-565-802]


Certain Oil Country Tubular Goods From the Republic of the 
Philippines: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Negative Preliminary Determination of Critical 
Circumstances, and Postponement of Final Determination

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily 
determines that certain oil country tubular goods from the Republic of 
the Philippines (the Philippines) are being sold, or are likely to be 
sold in the United States at less than fair value (LTFV), as provided 
in section 733(b) of the Tariff Act of 1930, as amended (the Act). The 
period of investigation (POI) is July 1, 2012, through June 30, 2013. 
The estimated weighted-average dumping margins of sales at LTFV are 
listed in the ``Preliminary Determination'' section of this notice. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective Date: February 25, 2014.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0665.

SUPPLEMENTARY INFORMATION:

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, 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.

Scope Comments

    On August 12, 2013, WSP Pipe Co., Ltd. (the sole mandatory 
respondent in the concurrent antidumping duty investigation involving 
OCTG from Thailand) submitted scope comments to the Department 
regarding ``pierced billets'' and asked that the Department determine 
that such merchandise was outside of the scope of this and other OCTG 
investigations. The petitioners \1\ filed rebuttal comments on August 
22, 2013. We have not made any modifications to the scope of the 
investigations. For more information, see the Preliminary Decision 
Memorandum.\2\
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    \1\ Boomerang Tube, Energex Tube, a division of JMC Steel Group, 
Maverick Tube Corporation, Northwest Pipe Company, Tejas Tubular 
Products, TMK IPSCO, United States Steel Corporation, Vallourec 
Star, L.P., and Welded Tube USA Inc. (collectively, the 
petitioners).
    \2\ See the ``Decision Memorandum for the Preliminary 
Determination in the Antidumping Duty Investigation of Certain Oil 
Country Tubular Goods from the Republic of the Philippines'', from 
Christian Marsh, Deputy Assistant Secretary for Enforcement and 
Compliance, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, dated concurrently with this determination and hereby 
adopted by this notice (Preliminary Decision Memorandum).
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Tolling of Deadlines for Preliminary Determination

    As explained in the memorandum from the Assistant Secretary for

[[Page 10492]]

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.\3\ 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\ The revised deadline for the preliminary determination 
of this investigation is now February 14, 2014.
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    \3\ 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).
    \4\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). Due 
to the closure of the Federal Government on February 13, 2014, 
Commerce completed this determination on the next business day 
(i.e., February 14, 2014). Id.
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Methodology

    The Department has conducted this investigation in accordance with 
section 731 of the Act. Export prices have been calculated in 
accordance with section 772 of the Act. Normal value has been 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is made available to the public via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). IA ACCESS is available to 
registered users at https://iaaccess.trade.gov, and is available to all 
parties in the Department's Central Records Unit, located at room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Negative Determination of Critical Circumstances

    On January 7, 2014, the petitioners filed a timely critical 
circumstances allegation, pursuant to section 733(e)(1) of the Act and 
19 CFR 351.206(c)(1). We have preliminarily determined that critical 
circumstances do not exist for imports of OCTG from the Philippines. 
For a full description of the methodology and results of our analysis, 
see the Preliminary Decision Memorandum.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/Manufacturer                  dumping margin %
------------------------------------------------------------------------
HLD Clark Steel Pipe Co., Inc.......................                8.90
All Others..........................................                8.90
------------------------------------------------------------------------

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. The ``All Others'' rate is based on the weighted-average 
dumping margin calculated for HLD Clark Steel Pipe Co., Inc., the only 
company for which the Department calculated a rate.\5\
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    \5\ See section 735(c)(5)(A) of the Act.
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Disclosure and Public Comment

    We will disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the final verification report is issued in 
this proceeding and rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \6\ See 19 CFR 351.309.
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    Pursuant to 19 CFR 351.310(c), 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. All documents must be filed 
electronically using IA ACCESS. An electronically filed request must be 
received successfully in its entirety by IA ACCESS, by 5:00 p.m. 
Eastern Standard Time, within 30 days after the date of publication of 
this notice.\7\ 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, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
date to be determined. Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.
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    \7\ See 19 CFR 351.310(c).
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we are directing 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of OCTG from the Philippines as described in the scope of the 
investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register.
    We will instruct CBP to require a cash deposit equal to the 
weighted-average amount by which the normal value exceeds export price, 
as indicated in the chart above.\8\ The suspension of liquidation 
instructions will remain in effect until further notice.
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    \8\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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Postponement of Final Determination and Extension of Provisional 
Measures

    Pursuant to a request from HLD Clark Steel Pipe Co., Inc., in this 
investigation, we are postponing the final determination. Accordingly, 
we will issue our final determination no later

[[Page 10493]]

than 135 days after the date of publication of this preliminary 
determination, pursuant to section 735(a)(2) of the Act.\9\ Further, 
HLD Clark Steel Pipe Co., Inc., requested to extend the application of 
the provisional measures prescribed under section 733(d) of the Act and 
19 CFR 351.210(e)(2), from a four-month period to a six-month period. 
The suspension of liquidation described above will be extended 
accordingly.
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    \9\ See also 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our preliminary affirmative determination of sales at LTFV. 
Because the preliminary determination in this proceeding is 
affirmative, section 735(b)(2) of the Act requires that the ITC make 
its final determination as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports OCTG from the Philippines before the later 
of 120 days after the date of this preliminary determination or 45 days 
after our final determination. Because we are postponing the deadline 
for our final determination to 135 days from the date of publication of 
this preliminary determination, as discussed above, the ITC will make 
its final determination no later than 45 days after our final 
determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Postponement of Final Determination and Extension of Provisional 
Measures
2. Scope of the Investigation
3. Scope Comments
4. Selection of Respondents
5. Critical Circumstances
6. Fair Value Comparisons
7. Product Comparisons
8. Date of Sale
9. U.S. Price
10. Normal Value
    a. Home Market Viability and Comparison-Market Selection
    b. Level of Trade
    c. Calculation of Normal Value Based on Third-Country Prices
    d. Calculation of Normal Value Based on Constructed Value
11. Cost of Production
12. Currency Conversion
13. Verification

[FR Doc. 2014-04093 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P