Federal Register, Volume 84 Issue 189 (Monday, September 30, 2019)

[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Notices]
[Pages 51510-51511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21149]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-815]


Oil Country Tubular Goods From Ukraine: Preliminary Results of 
the First Five-Year Sunset Review of the Antidumping Duty Order

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

SUMMARY: On June 4, 2019, the Department of Commerce (Commerce) 
initiated the first sunset review of the antidumping duty (AD) order on 
oil country tubular goods (OCTG) from Ukraine. Commerce determined that 
it was appropriate to conduct a full review. Commerce preliminarily 
finds that revocation of this AD order would be likely to lead to 
continuation or recurrence of dumping at the levels indicated in the 
``Preliminary Results of Review'' section of this notice.

DATES: Applicable September 30, 2019.

FOR FURTHER INFORMATION CONTACT: Lauren Caserta or Mark Hoadley, 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) 482-4737 or (202) 482-3148, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 4, 2019, Commerce initiated the sunset review of the 
agreement suspending the AD investigation on OCTG from Ukraine, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\1\ Subsequent to the initiation of the sunset review, the 
suspension agreement on OCTG from Ukraine was terminated and an AD 
order was issued, effective July 10, 2019.\2\ As section 751(c) of the 
Act provides for sunset reviews of an AD order or a notice of a 
suspended investigation, Commerce concludes that continuing the sunset 
review of the Order despite the termination of the suspension agreement 
is contemplated by the Act.
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 25741 
(June 4, 2019); see also Suspension of Antidumping Investigation: 
Certain Oil Country Tubular Goods From Ukraine, 79 FR 41959 (July 
18, 2014).
    \2\ See Termination of the Suspension Agreement on Certain Oil 
Country Tubular Goods from Ukraine, Rescission of Administrative 
Review, and Issuance of Antidumping Duty Order, 84 FR 33918 (July 
16, 2019) (Order).
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    Commerce received notices of intent to participate from Benteler 
Steel/Tube (Benteler), Boomerang Tube, LLC (Boomerang), IPSCO Tubulars, 
Inc. (IPSCO), Vallourec Star, LP (Vallourec), Welded Tube USA Inc. 
(Welded Tube USA), Maverick Tube Corporation (Maverick), Tenaris Bay 
City, Inc. (Tenaris Bay), and the United States Steel Corporation (U.S. 
Steel) (collectively, the domestic interested parties), and Interpipe 
and North American Interpipe, Inc. (collectively, Interpipe) within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Commerce received 
substantive responses from the domestic interested parties \4\ and 
Interpipe \5\ within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). On July 8, 2019, we received rebuttal comments from 
the domestic interested parties within the deadline specified in 19 CFR 
351.218(d)(4).\6\ In addition, on July 8, 2019, the GOU's Ministry of 
Economic Development and Trade placed comments on the record concerning 
the initiation of the sunset review of the suspended investigation

[[Page 51511]]

on OCTG from Ukraine.\7\ On July 29, 2019, Commerce notified the U.S. 
International Trade Commission (ITC) that it received an adequate 
substantive response from the respondent interested party.\8\
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    \3\ See Benteler, Boomerang, IPSCO, Vallourec, and Welded Tube 
USA's Letter, ``Oil Country Tubular Goods from Ukraine: Notice of 
Intent to Participate,'' dated June 13, 2019; see also Maverick and 
Tenaris Bay's Letter, ``Notice of Intent to Participate in First 
Sunset Review of the Agreement Suspending the Antidumping Duty 
Investigation on Oil Country Tubular Goods from Ukraine,'' dated 
June 17, 2019; and U.S. Steel's Letter, ``Five-Year (``Sunset'') 
Review of Agreement Suspending the Antidumping Duty Investigation on 
Oil Country Tubular Goods from Ukraine: Notice of Intent to 
Participate,'' dated June 19, 2019. Responses from the domestic 
interested parties and Interpipe were filed prior to the termination 
of the suspension agreement, and thus reference the suspension 
agreement rather than the Order.
    \4\ See Domestic interested parties' Letter, ``Oil Country 
Tubular Goods from Ukraine: Substantive Response of the Domestic 
Industry to Commerce's Notice of Initiation of Five-Year 
(``Sunset'') Reviews,'' dated July 3, 2019.
    \5\ See Interpipe's Letter, ``Sunset Review of the Antidumping 
Duty Suspension Agreement on Certain Oil Country Tubular Goods from 
Ukraine: Substantive Response to Notice of Initiation,'' July 3, 
2019.
    \6\ See Domestic interested parties's Letter, ``Oil Country 
Tubular Goods from Ukraine: Rebuttal to the Substantive Response of 
Interpipe and North American Interpipe to Commerce's Notice of 
Initiation of Five-Year (``Sunset'') Reviews,'' dated July 8, 2019.
    \7\ See Letter from the GOU, ``Certain Oil Country Tubular Goods 
from Ukraine, case No. A-823-815: Comments of Ukraine,'' dated July 
8, 2019 (GOU Comments).
    \8\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1, 
2019,'' dated July 29, 2019.
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Scope of the Order

    The merchandise subject to this Order is certain oil country 
tubular goods (OCTG) from Ukraine, 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 this 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 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 merchandise subject to this 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 
product coverage is dispositive.

Analysis of Comments Received

    All issues raised for the preliminary results of this sunset review 
are addressed in the Preliminary Decision Memorandum.\9\ The issues 
discussed in the Preliminary Decision Memorandum are the likelihood of 
continuation or recurrence of dumping, and the magnitude of the margins 
of dumping likely to prevail if this Order were revoked.\10\ 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 Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
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    \9\ See Memorandum, ``Preliminary Decision Memorandum for the 
First Sunset Review of the Antidumping Duty Order on Oil Country 
Tubular Goods from Ukraine'' (Preliminary Decision Memorandum), 
dated concurrently with and hereby adopted by this notice.
    \10\ Id.
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Preliminary Results of Review

    Pursuant to sections 752(c) of the Act, we determine that 
revocation of the AD order on OCTG from Ukraine would be likely to lead 
to continuation or recurrence of dumping at weighted average margins of 
7.47 percent.
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of this full 
sunset review, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal 
briefs, which must be limited to issues raised in the case briefs, may 
be filed no later than five days after the time limit for filing case 
briefs in accordance with 19 CFR 351.309(d). Any interested party may 
request a hearing within 30 days of publication of this notice in 
accordance with 19 CFR 351.310(c). A hearing, if requested, will 
ordinarily be held two days after the date the rebuttal briefs are due. 
Commerce will issue a notice of final results of this full sunset 
review, which will include the results of its analysis of issues raised 
in any such comments, no later than January 30, 2020.
    This five-year (sunset) review and notice are in accordance with 
sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218(f)(1).

    Dated: September 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    A. Legal Framework
    B. Analysis
VI. Recommendation

[FR Doc. 2019-21149 Filed 9-27-19; 8:45 am]
BILLING CODE 3510-DS-P