[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41552-41554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14919]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-817]


Certain Oil Country Tubular Goods From the Socialist Republic of 
Vietnam: Final Results of Antidumping Duty Administrative Review; 2017-
2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that exporters of 
oil country tubular goods (OCTG) from the Socialist Republic of Vietnam 
(Vietnam) did not sell subject merchandise in the United States at 
prices below normal value during the period of review (POR) September 
1, 2017 through August 31, 2018.

DATES: Applicable July 10, 2020.

FOR FURTHER INFORMATION CONTACT: Fred Baker, 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) 482-2924.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on OCTG from Vietnam in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act). Commerce initiated this 
review on November 15, 2018.\1\ On November 15, 2019, Commerce 
published the Preliminary Results of this administrative review.\2\ At 
that time, we invited interested parties to comment on the Preliminary 
Results. On December 16, 2019, we received case briefs from U.S. Steel 
(the petitioner), Maverick Tube Corporation and Tenaris Bay City, Inc. 
(the domestic interested parties), and SeAH Steel VINA Corporation 
(SSV).\3\ However, on April 10, 2020, we rejected the case briefs from 
the petitioner and the domestic interested parties because they 
contained new factual information filed after the due date for filing 
new factual information.\4\ The petitioner and the domestic interested 
parties submitted redacted versions of their case briefs on April 14, 
2020.\5\ On December 30, 2019,

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the domestic interested parties and SSV submitted rebuttal briefs.\6\ 
On April 10, 2020, Commerce rejected SSV's rebuttal brief because it 
contained new factual information filed after the due date for filing 
new factual information.\7\ SSV submitted a redacted version of its 
rebuttal brief on April 14, 2020.\8\ On March 12, 2020, Commerce 
extended the deadline for the final results of review until May 13, 
2020.\9\ On April 24, 2020, Commerce tolled all deadlines in 
administrative reviews by 50 days, thereby extending the deadline for 
these results until July 2, 2020.\10\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411 (November 15, 2018).
    \2\ See Certain Oil Country Tubular Goods from the Socialist 
Republic of Vietnam: Preliminary Results of Antidumping Duty 
Administrative Review, 84 FR 62504 (November 15, 2019) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \3\ See Petitioner's Case Brief, ``Oil Country Tubular Goods 
from the Socialist Republic of Vietnam: Case Brief of United States 
Steel Corporation,'' dated December 16, 2019; Domestic Interested 
Parties' Case Brief, Oil Country Tubular Goods from the Socialist 
Republic of Vietnam: Case Brief of Maverick Tube Corporation and 
Tenaris Bay City, Inc.,'' dated December 16, 2019; SSV's Case Brief, 
``Administrative Review of the Antidumping Duty Order on Certain Oil 
Country Tubular Goods from Vietnam--Case Brief of SeAH Steel VINA 
Corporation and Pusan Pipe America, Inc.,'' dated December 16, 2019.
    \4\ See Commerce's Letter to the Petitioner, ``Certain Oil 
Country Tubular Goods from the Socialist Republic of Vietnam: 
Rejection of Case Brief,'' dated April 10, 2020; and Commerce Letter 
to Domestic Interested Parties, ``Certain Oil Country Tubular Goods 
from the Socialist Republic of Vietnam: Rejection of Case Brief,'' 
dated April 10, 2020.
    \5\ See Petitioner's Case Brief, ``Oil Country Tubular Goods 
from the Socialist Republic of Vietnam: Resubmission of December 
16th Case Brief of United States Steel Corporation,'' dated April 
14, 2020; Domestic Interested Party's Case Brief, ``Oil Country 
Tubular Goods from the Socialist Republic of Vietnam: Resubmission 
of Case Brief of Maverick Tube Corporation and Tenaris Bay City, 
Inc., dated April 14, 2020.
    \6\ See Domestic Interested Parties' Rebuttal Brief, ``Oil 
Country Tubular Goods from the Socialist Republic of Vietnam: 
Rebuttal Brief of Maverick Tube Corporation and Tenaris Bay City, 
Inc.,'' dated December 30, 2019.
    \7\ See Commerce's Letter, ``Certain Oil Country Tubular Goods 
from the Socialist Republic of Vietnam: Rejection of Rebuttal 
Brief,'' dated April 10, 2020.
    \8\ See SSV Rebuttal Brief, ``Administrative Review of the 
Antidumping Order on Certain Oil Country Tubular Goods from 
Vietnam--Redacted Case (sic) Brief,'' dated April 14, 2020.
    \9\ See Memorandum, ``Oil Country Tubular Goods from the 
Socialist Republic of Vietnam: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated March 12, 
2020.
    \10\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order

    The merchandise covered by the order is OCTG from Vietnam. For a 
full description of the merchandise covered by the scope of the 
antidumping duty order on OCTG from Vietnam, see the Issues and 
Decision Memorandum.\11\
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    \11\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2017-2018 Administrative Review of the 
Antidumping Duty Order on Oil Country Tubular Goods from the 
Socialist Republic of Vietnam,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review and addressed in the Issues and Decision Memorandum are 
listed in the appendix 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculation for the respondent. For a 
discussion of these changes, see the ``Margin Calculations'' section of 
the Issues and Decision Memorandum.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period September 1, 2017 through August 31,  
2018:
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    \12\ Commerce initiated a review of both SSV and Pusan Pipe 
America, Inc. (Pusan Pipe), but the record shows that Pusan Pipe is 
a U.S. importer of OCTG that is affiliated with SSV, and does not 
produce OCTG. See SSV's December 19, 2018 Section A Questionnaire 
Response at 1. Therefore, we have not calculated a rate for Pusan 
Pipe.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                           Exporter                             dumping
                                                                 margin
                                                               (percent)
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SeAH Steel VINA Corporation \12\.............................       0.00
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Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. Commerce intends to issue assessment instructions to CBP 
15 days after the date of publication of the final results of this 
administrative review in the Federal Register.
    Consistent with Commerce's assessment practice in non-market 
economy cases, for entries that were not reported in the U.S. sales 
database submitted by companies individually examined during the 
administrative review, Commerce will instruct CBP to liquidate such 
entries at the Vietnam-wide rate. Additionally, if Commerce determines 
that an exporter under review had no shipments of subject merchandise, 
any suspended entries that entered under the exporter's case number 
(i.e., at that exporter's rate) will be liquidated at the Vietnam-wide 
rate.\13\
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    \13\ 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 administrative review for all 
shipments of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For SSV, a zero 
cash deposit rate; (2) for previously investigated or reviewed 
Vietnamese and non-Vietnamese exporters not listed above that received 
a separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most-recently completed segment of this proceeding in which the 
exporter was reviewed; (3) for all Vietnamese exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the rate established for the 
Vietnam-wide entity, which is 111.47 percent; \14\ and (4) for all non-
Vietnamese exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the Vietnamese exporter that supplied that non-Vietnamese exporter with 
the subject merchandise. These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \14\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil 
Country Tubular Goods from the Socialist Republic of Vietnam: 
Amended Final Determination of Sales at Less Than Fair Value, 79 FR 
53691 (September 10, 2014).
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Disclosure

    We intend to disclose the calculations performed for these final 
results of review within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Notification to Importers

    This notice serves as a final 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the

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disposition 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 the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: July 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
    Comment 1: Brokerage and Handling
    Comment 2: Surrogate Value for Water
    Comment 3: Differential Pricing
    Comment 4: Financial Statements
    Comment 5: Particular Market Situation
    Comment 6: Ministerial Errors
VI. Recommendation

[FR Doc. 2020-14919 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-DS-P