[Federal Register Volume 79, Number 64 (Thursday, April 3, 2014)]
[Notices]
[Pages 18667-18669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07485]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-850]


Certain Oil Country Tubular Goods From Taiwan: Amended 
Preliminary Negative Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination

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

SUMMARY: As a result of the correction of a significant ministerial 
error, the Department of Commerce (the Department) preliminarily 
determines that certain oil country tubular goods (OCTG) from Taiwan 
are not being, nor are likely to be, sold in the United States at less 
than fair value, as provided in section 733(b) of the Tariff Act of 
1930, as amended (the Act). The period of investigation is July 1, 
2012, through June 30, 2013. Interested parties are invited to comment 
on this amended preliminary determination.

DATES: Effective Date: February 25, 2014.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Hermes Pinilla, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution

[[Page 18668]]

Avenue NW., Washington, DC 20230; telephone: (202) 482-0410 or (202) 
482-3477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    We published the Preliminary Determination on February 25, 2014.\1\ 
On February 24, 2014, Tension Steel Industries Co., Ltd. (Tension 
Steel), alleged that the Department made a significant ministerial 
error.
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    \1\ See Certain Oil Country Tubular Goods From Taiwan: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 79 FR 10495 (February 
25, 2014) (Preliminary Determination).
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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.

Significant Ministerial Error

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' Further, 19 CFR 351.224(e) provides that the Department 
``will analyze any comments received and, if appropriate, correct any 
significant ministerial error by amending the preliminary 
determination.'' A significant ministerial error is defined as a 
ministerial error, the correction of which, singly or in combination 
with other errors, would result in: (1) A change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average 
dumping margin of greater than de minimis or vice versa.\2\
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    \2\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegation

    Tension Steel argues that the Department did not properly convert 
rebates and commissions reported for Canadian sales. Tension Steel 
asserts that, although it reported rebates and commissions incurred on 
Canadian sales in U.S. dollars, the Department treated them as if they 
were reported in Taiwanese dollars.
    We agree. Moreover, pursuant to 19 CFR 351.224(g)(2), this error is 
significant because the correction of the error results in a difference 
between a weighted-average dumping margin of greater than de minimis 
and a weighted-average dumping margin of zero or de minimis. Therefore, 
we are correcting the error alleged by Tension Steel and amending our 
preliminary determination accordingly.

Amended Preliminary Determination

    We are amending the preliminary determination of sales at less than 
fair value for OCTG from Taiwan to reflect the correction of a 
ministerial error made in the margin calculations of that 
determination. Correcting this error results in an amended preliminary 
determination that sales were made at not less than fair value. As a 
result of the correction of the ministerial error, the revised 
weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                        Weighted-average
                Exporter/manufacturer                    dumping margin
------------------------------------------------------------------------
Tension Steel Industries Co., Ltd....................              0.00%
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The other respondent selected for individual examination, Chung Hung 
Steel Corp, also received a zero margin in the Preliminary 
Determination. Consistent with section 733(d)(1)(A) of the Act, in this 
amended preliminary determination, the Department has not calculated a 
weighted-average dumping margin for all other producers or exporters 
because it has not made an affirmative amended preliminary 
determination of sales at less than fair value.

Postponement of Final Determination

    In the Preliminary Determination, we postponed the final 
determination based on requests from the respondents, Chung Hung Steel 
Corp. and Tension Steel Industries Co., Ltd.\3\ Because this amended 
preliminary determination is negative, we are basing our postponement 
of the final determination on the request submitted by Maverick Tube 
Corporation, a petitioner in this investigation. Pursuant to section 
735(a)(2)(B) of the Act and 19 CFR 351.210(b)(2)(i), on February 11, 
2014, Maverick Tube Corporation requested that in the event of a 
negative preliminary determination in this

[[Page 18669]]

investigation, the Department postpone its final determination until 
not later than 135 days after the date of the publication of the 
preliminary determination in the Federal Register. In accordance with 
19 CFR 351.210(b)(2)(i), because our amended preliminary determination 
is negative and no compelling reasons for denial exist, we are granting 
this petitioner's request and are continuing to postpone the final 
determination until not later than 135 days after the publication of 
the Department's original preliminary determination notice in the 
Federal Register on February 25, 2014.
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    \3\ See Preliminary Determination, 79 FR at 10497.
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Suspension of Liquidation

    We will instruct the U.S. Customs and Border Protection to 
terminate the suspension of liquidation of all entries of OCTG from 
Taiwan and release any cash deposits posted. These instructions will 
remain in effect until further notice.

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we notified the 
International Trade Commission (ITC) of our amended preliminary 
determination. If our final determination is affirmative, the ITC will 
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 of OCTG, or sales (or the likelihood of 
sales) for importation, of the merchandise under investigation, within 
45 days of our final determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i) of the Act and 19 CFR 351.224(e).

    Dated: March 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-07485 Filed 4-2-14; 8:45 am]
BILLING CODE 3510-DS-P