[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Notices]
[Pages 53688-53691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21705]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-858, C-489-817]


Certain Oil Country Tubular Goods From India and the Republic of 
Turkey: Countervailing Duty Orders and Amended Affirmative Final 
Countervailing Duty Determination for India

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

SUMMARY: Based on the amended affirmative final determination with 
respect to India and the affirmative final determination with respect 
to the Republic of Turkey (``Turkey'') by the Department of Commerce 
(the ``Department'') and the International Trade Commission (``ITC''), 
the Department is issuing countervailing duty orders on certain oil 
country tubular goods (``OCTG'') from India and Turkey. The Department 
is amending its final determination with respect to India to correct 
certain ministerial errors as explained below.

[[Page 53689]]


DATES: Effective Date: September 10, 2014.

FOR FURTHER INFORMATION CONTACT: Turkey: Shane Subler or Jennifer Meek, 
AD/CVD Operations, Office I, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0189 and (202) 482-2778, respectively.
    India: Myrna Lobo, Elfi Blum 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: 

Background

    On July 18, 2014, the Department published its final determinations 
in the countervailing duty investigations of OCTG from India and 
Turkey.\1\ On September 2, 2014, the ITC notified the Department of its 
final determination pursuant to section 705(b)(1)(A)(i) of the Tariff 
Act of 1930, as amended (``the Act''), that an industry in the United 
States is materially injured by reason of subsidized imports of subject 
merchandise from India and Turkey.\2\ The ITC also determined that 
critical circumstances do not exist.\3\
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    \1\ See Certain Oil Country Tubular Goods From India: Final 
Affirmative Countervailing Duty Determination and Partial Final 
Affirmative Determination of Critical Circumstances, 79 FR 41967 
(July 18, 2014) (``India Final Determination''); see also Certain 
Oil Country Tubular Goods From the Republic of Turkey: Final 
Affirmative Countervailing Duty Determination and Final Affirmative 
Critical Circumstances Determination, 79 FR 41964 (July 18, 2014) 
(``Turkey Final Determination'').
    \2\ See Certain Oil Country Tubular Goods from India, Korea, 
Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam, 
Investigation Nos. 701-TA-499-500 and 731-TA-1215-1217 and 1219-
1223, USITC Pub. 4489 (Final) (September 2014).
    \3\ Id.
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Scope of the Orders

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

Amended Affirmative Final Determination

    On July 14, 2014, the Department disclosed to interested parties 
its calculations for the India Final Determination. On July 21, 2014, 
we received ministerial error comments from United States Steel 
Corporation (``Petitioner'') and Jindal SAW Limited (``Jindal SAW''). 
Jindal SAW filed rebuttal comments to Petitioner's ministerial error 
allegation on July 26, 2014. Petitioner filed rebuttal comments to 
Jindal SAW's ministerial error comments on July 28, 2014.
    Section 705(e) of the Act and 19 CFR 351.224(f) define a 
``ministerial error'' as an error ``in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any similar type of unintentional error 
which the Secretary considers ministerial.'' After analyzing the 
ministerial error comments, we determine, in accordance with section 
705(e) of the Act and 19 CFR 351.224(e), that we made the following 
ministerial error in our calculations for the India Final 
Determination: we inadvertently used Jindal SAW's sales of subject 
merchandise to the United States inclusive of freight and other 
expenses as the denominator for our calculations, when we clearly 
stated our intent in the Final Determination to use free on board 
(``FOB'') values as the denominator for rate calculations. For a 
detailed discussion of this ministerial error, as well as the 
Department's analysis of another ministerial error allegation (which we 
determine not to be a ministerial error), see the Ministerial Error 
Memorandum.\4\
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    \4\ See Memorandum To Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, Through Gary Taverman, 
Senior Advisor for Antidumping and Countervailing Duty Operations, 
From Edward C. Yang, Director, Office VII, Antidumping and 
Countervailing Duty Operations: Final Results of Countervailing Duty 
Investigation of Certain Oil Country Tubular Goods from India: 
Ministerial Error Allegation, dated August 12, 2014 (``Ministerial 
Error Memorandum'').
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    In accordance with section 705(e) of the Act and 19 CFR 351.224(e), 
we are amending the final affirmative countervailing duty determination 
for Jindal SAW and for ``All Others'' for OCTG from India.\5\ We 
determine the revised total estimated net countervailable subsidy rates 
to be 19.57 percent for Jindal SAW and 12.62 percent for All Others.\6\
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    \5\ The total estimated net countervailable subsidy from the 
India Final Determination for GVN Fuels Limited and its cross-owned 
producers Maharashtra Seamless Limited and Jindal Pipes Limited 
(``GVN/MSL/JPL'') remains unchanged at 5.67 percent. See India Final 
Determination, 79 FR at 41968.
    \6\ Because we calculated a simple average of the two 
respondents' rates in the India Final Determination to derive an 
``All Others'' rate and the rate for one respondent has changed with 
this amended final determination, we have also revised the ``All 
Others'' rate. See India Final Determination, 79 FR at 41967-68.

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[[Page 53690]]

Countervailing Duty Orders

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC notified the Department of its final determination that the 
industry in the United States producing OCTG is materially injured by 
reason of subsidized imports of OCTG from India and Turkey. Therefore, 
in accordance with section 705(c)(2) of the Act, we are publishing 
these countervailing duty orders.
    For India, as a result of the ITC's final determination, in 
accordance with section 706(a) of the Act, the Department will direct 
U.S. Customs and Border Protection (``CBP'') to assess, upon further 
instruction by the Department, countervailing duties on unliquidated 
entries of OCTG produced and/or exported by GVN/MSL/JPL and ``all 
other'' companies that were entered, or withdrawn from warehouse, for 
consumption on or after December 23, 2013, the date on which the 
Department published its affirmative preliminary countervailing duty 
determination in the Federal Register, and before April 22, 2014, the 
date on which the Department instructed CBP to discontinue the 
suspension of liquidation in accordance with section 703(d) of the Act. 
Section 703(d) of the Act states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months. Therefore, entries of OCTG produced and/or 
exported by GVN/MSL/JPL and ``all other'' companies made on or after 
April 22, 2014, and prior to the date of publication of the ITC's final 
determination in the Federal Register are not liable for the assessment 
of countervailing duties due to the Department's discontinuation, 
effective April 22, 2014, of the suspension of liquidation. For Jindal 
SAW, countervailing duties will be assessed, upon further instruction 
from the Department, on unliquidated entries of OCTG entered, or 
withdrawn from warehouse, for consumption on or after July 18, 2014, 
the date on which the Department published its affirmative final 
determination in the Federal Register.
    With regard to the ITC's negative critical circumstances 
determination, the Department will instruct CBP to lift suspension and 
refund any cash deposit of estimated countervailing duties for entries 
on or after April 19, 2014 (i.e., the date 90 days prior to the date of 
publication of the India Final Determination), but before July 18, 
2014, and produced and/or exported by Jindal SAW. Further, the 
Department will instruct CBP to lift suspension and refund any cash 
deposit of estimated countervailing duties for entries on or after 
September 24, 2013 (i.e., 90 days prior to the date of publication of 
the India Preliminary Determination \7\) but before December 23, 2013, 
for ``All Others.''
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    \7\ See Certain Oil Country Tubular Goods From India: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination With Final Antidumping 
Determination, 78 FR 77421 (December 23, 2013) (``India Preliminary 
Determination'').
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    For Turkey, as a result of the ITC's final determination, in 
accordance with section 706(a) of the Act, the Department will direct 
U.S. Customs and Border Protection (``CBP'') to assess, upon further 
instruction by the Department, countervailing duties on unliquidated 
entries of OCTG entered, or withdrawn from warehouse, for consumption 
on or after July 18, 2014, the date on which the Department published 
its affirmative final countervailing duty determination in the Federal 
Register. With regard to the ITC's negative critical circumstances 
determination, the Department will instruct CBP to lift suspension and 
refund any cash deposit of estimated countervailing duties for entries 
on or after April 19, 2014 (i.e., 90 days prior to the date of 
publication of the Turkey Final Determination), but before July 18, 
2014.

Suspension of Liquidation

    For India, in accordance with section 706 of the Act, the 
Department will direct CBP to reinstitute the suspension of liquidation 
of OCTG from India, effective the date of publication of the ITC's 
notice of final determination in the Federal Register, and to assess, 
upon further advice by the Department pursuant to section 706(a)(1) of 
the Act, countervailing duties for each entry of the subject 
merchandise in an amount based on the net countervailable subsidy rates 
for the subject merchandise. On or after the date of publication of the 
ITC's final injury determination in the Federal Register, CBP must 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, a cash deposit equal to the rates noted 
below:

------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                     rate (Percent)
------------------------------------------------------------------------
GVN Fuels Limited/Maharashtra Seamless Limited/Jindal               5.67
 Pipes Limited..........................................
Jindal SAW Limited......................................           19.57
All Others..............................................           12.62
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    For Turkey, in accordance with section 706 of the Act, the 
Department will direct CBP to continue the suspension of liquidation of 
OCTG from Turkey, and to assess, upon further advice by the Department 
pursuant to section 706(a)(1) of the Act, countervailing duties for 
each entry of the subject merchandise in an amount based on the net 
countervailable subsidy rates for the subject merchandise. CBP must 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, a cash deposit equal to the rates noted 
below:

------------------------------------------------------------------------
                                                            Net Subsidy
                    Producer/exporter                     rate (percent)
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Borusan Istikbal Ticaret, Borusan Mannesmann Boru                  15.89
 Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S.,
 and Borusan Holding A.S................................
Tosyali Dis Ticaret A.S, Tos[ccedil]elik Profil ve Sac              2.53
 Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis
 Ith. Ihr. A.S., Tosyali Demir Celik San. A.S., and
 Tosyali Holding A.S....................................
All Others..............................................            9.21
------------------------------------------------------------------------

    This notice constitutes the countervailing duty orders with respect 
to OCTG from India and Turkey, pursuant to section 706(a) of the Act, 
and the amended affirmative final countervailing duty determination 
with respect to OCTG from India. Interested parties may contact the 
Department's Central Records Unit, Room 7046 of the

[[Page 53691]]

main Commerce Building, for copies of an updated list of countervailing 
duty orders currently in effect.
    This order is issued and published in accordance with sections 
705(e) and 706(a) of the Act, 19 CFR 351.211(b), and 19 CFR 351.224(e).

    Dated: September 5, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-21705 Filed 9-8-14; 4:15 pm]
BILLING CODE 3510-DS-P