[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41979-41981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16861]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-850]


Certain Oil Country Tubular Goods From Taiwan: Final 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department determines that imports of certain oil country 
tubular goods from Taiwan are being, or are likely to be, sold in the 
United States at less than fair value (LTFV), as provided in section 
735 of the Tariff Act of 1930, as amended (the Act). The final 
weighted-average dumping margins of sales at LTFV are listed in the 
``Final Determination'' section of this notice.

DATES: Effective Date: July 18, 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 Avenue NW., Washington, DC 20230;

[[Page 41980]]

telephone: (202) 482-0410 or (202) 482-3477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 25, 2014, the Department of Commerce (the Department) 
published its preliminary determination of sales at less than fair 
value (LTFV) in the antidumping duty investigation of certain oil 
country tubular goods from Taiwan.\1\ In the Preliminary Determination, 
we postponed the final determination until no later than 135 days after 
the publication of the Preliminary Determination in accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and 
invited parties to comment on our Preliminary Determination. We 
received case and rebuttal briefs from Maverick Tube Corporation (one 
of the petitioners),\2\ CHS, and Tension in May 2014. On May 21, 2014, 
we conducted a hearing in this investigation.
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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). On April 3, 2014, the 
Department published an amended preliminary determination to correct 
a ministerial error. See Certain Oil Country Tubular Goods From 
Taiwan: Amended Preliminary Negative Determination of Sales at Less 
Than Fair Value and Postponement of Final Determination, 79 FR 18667 
(April 3, 2014).
    \2\ Boomerang Tube, Energex Tube, a division of JMC Steel Group, 
Maverick Tube Corporation (Maverick), Northwest Pipe Company, Tejas 
Tubular Products, TMK IPSCO, United States Steel Corporation, 
Vallourec Star, L.P., and Welded Tube USA Inc. (collectively, the 
petitioners)
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Period of Investigation

    The period of investigation is July 1, 2012, through June 30, 2013.

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 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 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.

Analysis of the Comments Received

    All issues raised in the case briefs by interested parties are 
addressed in the Issues and Decision Memorandum.\3\ A list of the 
issues which parties raised and to which we responded is attached to 
this notice as an Appendix. The Issues and Decision Memorandum is a 
public document and is on file electronically via IA ACCESS. IA ACCESS 
is available to registered users at http://iaaccess.trade.gov and it is 
available to all parties in the Central Records Unit (CRU), Room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/. The signed Issues 
and Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.
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    \3\ See the memorandum from Deputy Assistant Secretary Christian 
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled 
``Issues and Decision Memorandum for the Final Affirmative 
Determination in the Less than Fair Value Investigation of Certain 
Oil Country Tubular Goods from Taiwan'' dated concurrently with this 
notice and hereby adopted by this notice (Issues and Decision 
Memorandum).
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, pre-verification 
corrections, and our findings at verifications, we made certain changes 
to the margin calculations for Chung Hung Steel Corp. (CHS) and Tension 
Steel Industries Co., Ltd. (Tension).\4\
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    \4\ For a discussion of these changes, see Memorandum to Neal 
Halper entitled ``Cost of Production and Constructed Value 
Calculation Adjustments for the Final Determination--Chung Hung 
Steel Corp.,'' Memorandum to Neal Halper entitled ``Cost of 
Production and Constructed Value Calculation Adjustments for the 
Final Determination--Tension Steel Industries Co., Ltd.,'' 
Memorandum to the File entitled ``Final Determination of Sales at 
Less Than Fair Value in the Antidumping Duty Investigation of 
Certain Oil Country Tubular Goods from Taiwan--Analysis Memorandum 
for Chung Hung Steel Corp.,'' and Memorandum to the File entitled 
``Final Determination of Sales at Less Than Fair Value in the 
Antidumping Duty Investigation of Certain Oil Country Tubular Goods 
from Taiwan--Analysis Memorandum for Tension Steel Industries Co., 
Ltd.,'' dated concurrently with this notice.
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Verification

    As provided in section 782(i) of the Act, we conducted sales and 
cost verifications of the questionnaire responses submitted by CHS and 
Tension. We used standard verification procedures, including 
examination of relevant accounting and production records, as well as 
original source documents provided by both companies.\5\
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    \5\ See Memorandum to the File entitled ``Verification of the 
Third-Country and U.S. Sales of Chung Hung Steel Corp. in the 
Antidumping Duty Investigation of Certain Oil Country Tubular Goods 
from Taiwan,'' dated March 31, 2014, Memorandum to the File entitled 
``Verification of the Sales Response of Tension Steel Industries 
Co., Ltd., in the Less-Than-Fair-Value Investigation of Certain Oil 
Country Tubular Goods from Taiwan,'' dated April 4, 2014, Memorandum 
to the File entitled ``Verification of the Cost Response of Chung 
Hung Steel Corp. in the Antidumping Duty Investigation of Oil 
Country Tubular Goods (``OCTG'') from Taiwan,'' dated Apri1 22, 
2014, and Memorandum to the File entitled ``Verification of the Cost 
Response of Tension Steel Industries Co., Ltd. in the Antidumping 
Duty Investigation of Certain Oil Country Tubular Goods from 
Taiwan,'' dated Apri1 22, 2014.

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[[Page 41981]]

Final Determination

    The Department determines that the following weighted-average 
dumping margins exist for the period July 1, 2012, through June 30, 
2013:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Chung Hung Steel Corp......................................         0.00
Tension Steel Industries Co., Ltd..........................         2.52
All Others.................................................         2.52
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Suspension of Liquidation

    Pursuant to section 735(c)(1)(C) of the Act, the Department will 
instruct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of certain oil country tubular goods from 
Taiwan--with the exception of subject merchandise produced and exported 
by Chung Hung Steel Corp., for which we found no weighted average 
dumping margin--which were entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register. With the exception of subject merchandise produced 
and exported by Chung Hung Steel Corp., we will instruct CBP to require 
a cash deposit equal to the weighted-average amount by which normal 
value exceeds U.S. price, as follows: (1) The rate for Tension Steel 
Industries Co., Ltd., will be the rate we determined in this final 
determination; (2) if the exporter is not a firm identified in this 
investigation but the producer is, the rate will be the rate 
established for the producer of the subject merchandise; (3) the rate 
for all other producers or exporters will be 2.52 percent, as discussed 
in the ``All Others Rate'' section, below. These suspension of 
liquidation instructions will remain in effect until further notice.

All Others Rate

    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. Because the margin for Chung Hung Steel Corp. was zero, we 
assigned as the all others rate the margin calculated for Tension Steel 
Industries Co., Ltd., the only margin we calculated that was neither de 
minimis nor determined under section 776 of the Act; that rate is 2.52 
percent.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we notified the U.S. 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative and our amended preliminary 
determination was negative, in accordance with section 735(b)(3) of the 
Act, the ITC will determine within 75 days whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of the subject merchandise. If the ITC 
determines that such injury exists, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of the 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(l) of the Act and 19 CFR 351.210(b).

    Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary, for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
    1. Affiliation
    2. Collapsing
    3. Rebates
    4. Date of Sale
    5. Treatment of Non-Prime Pipe
    6. Depreciation
    7. Value Added Tax
    8. Certifications
VI. Recommendation

[FR Doc. 2014-16861 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P