[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40028-40029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17310]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-857]
Oil Country Tubular Goods From India: Preliminary No Shipments
Determination of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on oil country
tubular goods (OCTG) from India. The period of review (POR) is
September 1, 2017 through August 31, 2018. The review covers one
producer/exporter of the subject merchandise, GVN Fuels, Ltd. (GVN). We
preliminarily determine that GVN had no shipments of subject
merchandise during the POR. Interested parties are invited to comment
on these preliminary results.
DATES: August 13, 2019.
FOR FURTHER INFORMATION CONTACT: Charlotte Baskin-Gerwitz and Andrew
Huston AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4880
or (202) 482-4261, respectively.
SUPPLEMENTARY INFORMATION:
Background
In response to Commerce's notice of opportunity to request an
administrative review on OCTG from India,\1\ United States Steel
Corporation, Maverick Tube Corporation, Tenaris Bay City, Inc, TMK
IPSCO, Vallourec Star, L.P., and Welded Tube USA (domestic interested
parties) timely requested an administrative review with respect to
GVN.\2\ Subsequently, on October 15, 2018, Commerce received a letter
from GVN commenting that subject merchandise produced and exported by
GVN was outside of the scope of antidumping order and should not be
subject to administrative review.\3\ On November 15, 2018, Commerce
published in the Federal Register a notice of initiation of an
administrative review of the antidumping duty order on OCTG from India
covering one company, GVN.\4\ Thereafter, Commerce clarified that the
administrative review excludes OCTG from India ``both produced and
exported'' by GVN.\5\ In May and June 2019, Commerce requested
clarification from GVN regarding whether it was responsible for the
production, sale, or shipment of subject merchandise during the POR.\6\
On July 1, 2019, GVN reported that it did not sell or export the
subject merchandise to the United States during the POR that was
produced by any other company, nor, to its knowledge, was any subject
merchandise it produced shipped or sold to the United States during the
POR by any other company.\7\ On July 2, 2019, we transmitted a ``No-
Shipment Inquiry'' to U.S. Customs and Border Protection (CBP)
regarding GVN, to which CBP responded that there were no entries of
subject merchandise involving GVN as the producer or exporter.\8\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 83 FR 45888, 45889 (September 11, 2018).
\2\ See Domestic Interested Parties' Letter, ``Oil Country
Tubular Goods from India: Request for Administrative Review,'' dated
September 28, 2018.
\3\ See GVN's Letter, ``Oil Country Tubular Goods from India:
Comment on petitioner's review request,'' dated October 15, 2018.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018).
\5\ See Initiation Notice of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 9297, 9307 n.5 (March 14, 2019)
(emphasis added).
\6\ See Commerce's Letter, ``Certain Oil Country Tubular Goods
(OCTG) from India: Administrative Review Request,'' dated May 20,
2019; see also Commerce's Letter, ``Certain Oil Country Tubular
Goods from India: Administrative Review,'' dated June 26, 2019.
\7\ See GVN's Letter, ``Oil Country Tubular Goods from India:
Reply to Department's letter of June 26, 2019 on Antidumping
administrative review of Oil Country Tubular Goods (OCTG) from
India,'' dated July 1, 2019.
\8\ See CBP's Letter, ``Certain oil country tubular goods from
India (A-533-857),'' dated July 8, 2019 (CBP Letter).
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On July 2, 2019, Commerce exercised its discretion to extend the
deadline for these preliminary results until August 23, 2019.\9\
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\9\ See Memorandum, ``Oil Country Tubular Goods from India:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated July 2, 2019.
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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,
[[Page 40029]]
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.
Preliminary Determination of No Shipments
Based on record evidence, we preliminarily determine that GVN had
no shipments of subject merchandise during the POR. Specifically, CBP
indicated that it found no shipments by GVN during the POR.\10\
Consistent with Commerce's practice, we find that it is not appropriate
to rescind the review with respect to GVN but, rather, to complete the
review and issue appropriate instructions to CBP based on the final
results of this review.\11\
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\10\ See CBP Letter.
\11\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\12\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\13\ Parties who
submit case or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\14\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce using Enforcement and
Compliance's ACCESS system within 30 days after the date of publication
of this notice.\15\ Requests should contain: (1) The party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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\15\ See 19 CFR 351.310(c).
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All submissions must be filed electronically using ACCESS and
served on interested parties.\16\ An electronically-filed document must
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Standard Time on the date that the document is due.
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\16\ See 19 CFR 351.303(f).
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Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
its analysis of the issues raised in any written briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).
Assessment Rates
Commerce clarified its ``automatic assessment'' regulation on May
6, 2003.\17\ This clarification will apply to entries of subject
merchandise during the POR produced by GVN for which this company did
not know that the merchandise was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. Further, instead of
rescinding the review with respect to GVN, we find it appropriate to
complete the review and issue liquidation instruction to CBP concerning
entries for GVN following issuance of the final results of review. If
we continue to find that GVN had no shipments of subject merchandise in
the final results, we will instruct CBP to liquidate any existing
entries of merchandise produced by GVN, but exported by other parties,
at the rate for the intermediate reseller, if available, or at the all-
others rate.\18\
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\17\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
\18\ Id.
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We intend to issue instructions to CBP 15 days after the
publication date of the final results of this review.
Cash Deposit Requirements
If the final results of review continue to find that GVN had no
shipments during the POR, there will be no change to the existing cash
deposit requirements.
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) of the Act.
Dated: August 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-17310 Filed 8-12-19; 8:45 am]
BILLING CODE 3510-DS-P