[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Notices]
[Pages 18282-18284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07806]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-858]


Certain Oil Country Tubular Goods From India: Final Results of 
Countervailing Duty Administrative Review; 2013-2014

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

SUMMARY: The Department is conducting this administrative review of the 
countervailing duty order on certain oil country tubular goods from 
India pursuant to a request for review by Jindal SAW Ltd. (Jindal SAW). 
The period of review (POR) is December 23, 2013, through December 31, 
2014. On October 14, 2016, the Department published the preliminary 
results of the administrative review. Based on an analysis of the 
comments received after the preliminary results, the Department has 
made changes to the subsidy rate determined for Jindal SAW. The final 
subsidy rate is listed in the ``Final Results of Administrative 
Review'' section below.

DATES:  Effective April 18, 2017.

FOR FURTHER INFORMATION CONTACT: Elfi Blum, AD/CVD Operations, Office 
VII, Enforcement and Compliance, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0197.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by the order 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 order also covers OCTG coupling stock. For a 
complete description of the scope of the order, see Appendix II to this 
notice.

Analysis of Comments Received

    The issues raised by Jindal SAW and the Government of India (GOI) 
in their

[[Page 18283]]

case briefs, and by Domestic Interested Parties \1\ in their rebuttal 
brief, are addressed in the Issues and Decision Memorandum.\2\ The 
issues are identified in the Appendix I to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and in the Central Records 
Unit, Room B8024 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://trade.gov/enforcement/frn/index.html. The signed Issues and Decision Memorandum and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \1\ Energex Tube, TMK IPSCO, Vallourec Star L.P., and Welded 
Tube USA (collectively, Domestic Interested Parties).
    \2\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Enforcement and Compliance, ``Issues and Decision Memorandum for the 
Final Results of Countervailing Duty Administrative Review: Oil 
Country Tubular Goods from India; 2013-2014,'' dated concurrently 
with this notice and herein incorporated by reference (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    The Department published the preliminary results of this 
administrative review on October 14, 2016.\3\ Based on comments 
received from Jindal SAW, we made changes to the benchmark and benefit 
calculations for the Provision of Mining Rights of Iron Ore program and 
corrected our benefit calculations for the Duty Drawback scheme (DDB) 
by excluding Jindal SAW's 2013 benefits earned under the DDB from the 
numerator in our calculations. For a discussion of these issues, see 
the Issues and Decision Memorandum and Memorandum to the File from Elfi 
Blum, International Trade Compliance Analyst, titled ``Final Results of 
2013-2014 Countervailing Duty Administrative Review: Certain Oil 
Country Tubular Goods from India--Jindal SAW Ltd.,'' each dated 
concurrently with these final results.
---------------------------------------------------------------------------

    \3\ See Certain Oil Country Tubular Goods From India: 
Preliminary Results and Partial Rescission of Countervailing Duty 
Administrative Review, 81 FR 71059 (October 14, 2016) (Preliminary 
Results 2013-2014).
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\4\ For a description of the methodology underlying all of the 
Department's conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Final Results of Administrative Review

    In accordance with section 751(a)(1) of the Act and 19 CFR 
351.221(b)(5), we determine the total net countervailable subsidy rate 
for the period December 23, 2013, through December 31, 2014 to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                 Manufacturer/ exporter                    (percent ad
                                                             valorem)
------------------------------------------------------------------------
Jindal SAW Ltd.........................................           14.41
------------------------------------------------------------------------

Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue appropriate instructions to U.S. Customs and Border Protection 
(CBP) 15 days after publication of the final results of this review. 
The Department will instruct CBP to liquidate shipments of subject 
merchandise produced and/or exported by the companies listed above, 
entered or withdrawn from warehouse, for consumption from December 23, 
2013, through December 31, 2014, at the percentage rate, as listed 
above, of the entered value.
    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties, in the amount shown above, 
on shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most-recent 
company-specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: April 12, 2017.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I--Issues and Decision Memorandum

I. Summary
II. Scope of the Order
III. Period of Review
IV. Subsidies Valuation Information
    A. Allocation Period
    B. Attribution of Subsidies
    C. Benchmarks Interest Rates
    D. Denominator
V. Analysis of Programs
    A. Programs Determined To Be Countervailable
    B. Programs Determined To Be Not Used or to Provide No Benefit 
During the POR
    C. Programs Determined To Be Terminated
VI. Final Results of Review
VII. Analysis of Comments
Comment 1: Whether Jindal SAW's mining rights of iron ore are a 
countervailable subsidy.
Comment 2: Whether the Department relied upon an incorrect benchmark 
for both iron ore and freight in its preliminary results.
Comment 3: Whether the Department incorrectly countervailed licenses 
attributable to non-subject merchandise under the advance 
authorization program (AAP).
Comment 4: Whether the Department incorrectly countervailed licenses 
attributable to non-subject merchandise under the Export Promotion 
Capital Goods Scheme (EPCGS).
Comment 5: Whether the Department should deduct an amount for CENVAT 
from the benefit calculation under the EPCGS.
Comment 6: Whether the Department conducted a selective/incomplete 
analysis of elements in determining a countervailable subsidy in the 
context of Article 1.1 of the Agreement on Subsidies and 
Countervailing Duty Measures (ASCM), the Tariff Act of 1930, as 
amended (the Act), and the Department's regulations, by mechanically 
relying on past decisions.
Comment 7: Whether the Department should consider other factors 
adversely impacting the domestic industry during the POR.
Comment 8: Whether the Department erred in countervailing certain 
exemptions, remissions, and drawbacks of indirect taxes in the 
context of Article 12, Article

[[Page 18284]]

27, Annex II, and Annex VII of the ASCM.
Comment 9: Whether the Department's analysis of certain programs is 
inconsistent with the ASCM, the Act, and the Department's 
regulations, as they do not involve a financial contribution and do 
not confer a benefit
Comment 10: Whether the Department made a calculation error in the 
benefit calculation of duty drawback (DDB).

Appendix II--Scope of the Order

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

[FR Doc. 2017-07806 Filed 4-17-17; 8:45 am]
 BILLING CODE 3510-DS-P