[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Notices]
[Pages 9490-9491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04877]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-943]
Oil Country Tubular Goods From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that none of the companies subject to this review have established
their entitlement to a separate rate during the May 1, 2017, through
April 30, 2018 period of review (POR) and, thus, are part of the China-
wide entity. We invite interested parties to comment on these
preliminary results.
DATES: Applicable March 15, 2019.
FOR FURTHER INFORMATION CONTACT: Kent Boydston, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5649.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2018, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty order on oil
country tubular goods (OCTG) from the People's Republic of China
(China).\1\ The POR is May 1, 2017, through April 30, 2018. On May 31,
2018, Commerce received a timely request from Maverick and
TenarisBayCity (the petitioners) to conduct an administrative review of
four companies, in accordance with 19 CFR 351.213(b).\2\ There were no
requests for an administrative review by any other party. Pursuant to
the petitioners' request, on July 12, 2018, in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act), Commerce
initiated an administrative review of the antidumping duty order on
OCTG from China for the 2017-2018 POR.\3\ As explained in the
memorandum from the Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, performing the non-exclusive functions
and duties of the Assistant Secretary for Enforcement and Compliance,
Commerce has exercised its discretion to toll all administrative
deadlines due to the recent closure of the Federal Government. All
deadlines in this segment of the proceeding have been extended by 40
days.\4\ The revised deadline for the preliminary results of this
review is now March 12, 2019. For a complete description of the events
that followed the initiation of this administrative review, see the
Preliminary Decision Memorandum which is hereby adopted by this
notice.\5\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 19047 (May 1, 2018).
\2\ See Petitioner's submission entitled, ``Certain Oil Country
Tubular Goods/rom The People's Republic of
China: Request for Administrative Review,'' dated May 31, 2018.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32270 (July 12, 2018).
\4\ See Memorandum to the file from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance regarding
``Deadlines Affected by the Partial Shutdown of the Federal
Government,'' dated January 28, 2019.
\5\ See ``Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review: Oil Country Tubular Goods
from the People's Republic of China,'' dated concurrently with this
notice.
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The Preliminary 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 Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
Scope of the Order
The scope of this order consists of certain 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 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 merchandise subject to this 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 OCTG coupling stock covered by 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, and 7304.59.80.80.
[[Page 9491]]
For a complete description of the scope of the order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act and 19 CFR 351.213. For a full description of
the methodology underlying our preliminary results of review, see the
Preliminary Decision Memorandum. A list of topics discussed in the
Preliminary Decision Memorandum is provided in the Appendix to this
notice.
Separate Rates
The four companies for which a review was requested failed to
provide separate rate applications or certifications.\6\ Therefore,
Commerce preliminarily determines that these four companies are part of
the China-wide entity. Because no party requested a review of the
China-wide entity, the entity is not under review, and the entity's
dumping margin of 99.14 percent is not subject to change.\7\ For
additional information regarding this determination, see the
Preliminary Decision Memorandum.
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\6\ The four companies are: (1) Baoshan Iron & Steel; (2)
Hengyang Steel Tube Group International Trading Inc.; (3) Hubei
Xinyegang Steel Co., Ltd.; and (4) Hubei Xin Yegang Special Tube.
\7\ See Certain Oil Country Tubular Goods From the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order, 75 FR 28551 (May 21, 2010).
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Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments, filed
electronically using ACCESS, within 30 days of the date of publication
of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs,
limited to issues raised in the case briefs, will be due five days
after the due date for case briefs, pursuant to 19 CFR 351.309(d).
Parties who submit case or rebuttal briefs in this review are requested
to submit with each argument a statement of the issue, a summary of the
argument not to exceed five pages, and a table of statutes,
regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2).
Any interested party may request a hearing within 30 days of
publication of this notice.\8\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations at the hearing will be limited to
issues raised in the case briefs. If a request for a hearing is made,
parties will be notified of the time and date of the hearing to be held
at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230.\9\
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310(d).
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Unless extended, Commerce intends to issue the final results of
this administrative review, which will include the results of its
analysis of issues raised in any briefs received, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results of this review, Commerce will
determine, and Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\10\ Commerce intends to issue assessment instructions to CBP 15
days after the publication date of the final results of this review. We
intend to instruct CBP to liquidate entries of subject merchandise
exported by the China-wide entity, including the four companies for
which a review was requested, at the China-wide rate. Additionally,
pursuant to Commerce's practice in non-market economy (NME) cases, any
suspended entries of subject merchandise during the POR under case
numbers for the companies for which a review was requested will be
liquidated at the China-wide rate.\11\
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\10\ See 19 CFR 351.212(b).
\11\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For previously investigated or
reviewed China and non-China exporters that received a separate rate in
a prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (2) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the China-wide entity, which is 99.14 percent; and (3) for all non-
China exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to the
China exporter that supplied that non-China exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: March 12, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
(1) Summary
(2) Background
(3) Scope of the Order
(4) Discussion of the Methodology
a. Companies that Have Not Demonstrated Eligibility for Separate
Rate Status
(5) Recommendation
[FR Doc. 2019-04877 Filed 3-14-19; 8:45 am]
BILLING CODE 3510-DS-P