[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44280-44281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15853]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-857]


Certain Oil Country Tubular Goods From India: Preliminary 
Determination of No Shipments in the Antidumping Duty Administrative 
Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Jindal SAW, Ltd. (JSL), the sole company for which a review was 
requested, made no shipments of certain oil country tubular goods 
(OCTG) from India during the period of review (POR) from September 1, 
2018 through August 31, 2019. We invite interested parties to comment 
on these preliminary results.

DATES: Applicable July 22, 2020.

FOR FURTHER INFORMATION CONTACT: Kathryn Turlo, 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) 482-3870.

SUPPLEMENTARY INFORMATION:

Background

    On September 3, 2019, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty (AD) order on OCTG from India.\1\ On September 30, 
2019, Maverick Tube Corporation, Tenaris Bay City, Inc., TMK IPSCO, 
Vallourec Star, L.P., Welded Tube USA, and United States Steel 
Corporation (collectively, the domestic interested parties) timely 
requested that Commerce conduct an administrative review of JSL.\2\ We 
received no other requests for review. On November 12, 2019, Commerce 
published in the Federal Register a notice of initiation of an 
administrative review of the Order with respect to JSL, in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\3\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 84 FR 45949, 45950 (September 3, 2019); see also 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) 
(Order).
    \2\ See Domestic Interested Parties' Letter, ``Oil Country 
Tubular Goods from India: Request for Administrative Review,'' dated 
September 30, 2019.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 61011, 61013 (November 12, 2019).
---------------------------------------------------------------------------

    On April 1, 2020, Commerce issued its initial AD questionnaire to 
JSL,\4\ and on April 20, 2020, JSL notified Commerce that it had no 
sales, shipments, or entries of subject merchandise during the POR.\5\ 
On May 28, 2020, Commerce issued a no shipment inquiry to U.S. Customs 
and Border Protection (CBP) to corroborate JSL's claim.\6\ On June 9, 
2020, Commerce notified all interested parties that CBP found no 
evidence of shipments of subject merchandise produced and/or exported 
by JSL during the POR and established a period for comments regarding 
CBP's findings.\7\ No parties submitted comments concerning CBP's 
findings.
---------------------------------------------------------------------------

    \4\ See Commerce's Initial AD Questionnaire, dated April 1, 
2020.
    \5\ See JSL's Letter, ``Oil Country Tubular Goods from India: 
Statement of no sales, entries or shipment of subject merchandise 
during the Period of Review,'' dated April 20, 2020 (JSL No Shipment 
Letter).
    \6\ See Customs Instructions Message 0149406, dated May 28, 
2020.
    \7\ See Memorandum, ``Certain Oil Country Tubular Goods from 
India: Results of No Shipment Inquiry and Deadline for Comment 
Period,'' dated June 9, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is 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.

Preliminary Determination of No Shipments

    Because JSL timely filed a statement reporting that they made no 
shipments of subject merchandise to the United States during the POR, 
and we were able to confirm this claim with CBP, we preliminarily 
determine that JSL had no shipments of subject merchandise during the 
POR.\8\ Consistent with Commerce's practice, we are not preliminarily 
rescinding the review

[[Page 44281]]

with respect to JSL but, rather, will complete the review and issue 
appropriate instructions to CBP based on the final results.\9\
---------------------------------------------------------------------------

    \8\ Id.; see also JSL No Shipment Letter.
    \9\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014).
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\10\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than five days after the date for filing case briefs.\11\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs 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.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309(c)(1)(ii).
    \11\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Case and rebuttal briefs must be filed electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS) and must also be served 
on interested parties.\12\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\13\ ACCESS is available 
to registered users at http://access.trade.gov. An electronically filed 
document must be received successfully in its entirety by 5:00 p.m. 
Eastern Time on the date that the document is due.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.303.
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
Commerce's electronic records system, ACCESS. An electronically filed 
request must be received successfully in its entirety by 5:00 p.m. 
Eastern Time within 30 days of the date of publication of this 
notice.\14\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. 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 a date and time to be determined.\15\ Parties should confirm the 
date, time, and location of the hearing two days before the scheduled 
date.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless extended.\16\
---------------------------------------------------------------------------

    \16\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    If we continue to find, in the final results, that JSL had no 
shipments of subject merchandise, for entries of subject merchandise 
during the POR produced by JSL for which the company did not know that 
the merchandise was destined for the United States, we will instruct 
CBP to liquidate these entries at the all-others rate if there is no 
rate for the intermediate company(ies) involved in the transaction.\17\
---------------------------------------------------------------------------

    \17\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Commerce intends to issue appropriate assessment instructions to 
CBP 15 days after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for JSL will remain 
unchanged from the rate assigned to them in the most recently completed 
segment for the company; \18\ (2) for merchandise exported by 
manufacturers or exporters not covered in this review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently-completed 
segment; (3) if the exporter is not a firm covered in a prior review, 
or the original investigation, but the manufacturer is, then the cash 
deposit rate will be the rate established for the most recently 
completed segment for the manufacturer of the merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be zero percent, the all-others cash deposit rate 
established in the less-than-fair-value investigation.\19\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \18\ See Order, 79 FR at 53694 n17.
    \19\ See Order, 79 FR at 53694 n.17.
---------------------------------------------------------------------------

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

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4).

    Dated: July 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-15853 Filed 7-21-20; 8:45 am]
BILLING CODE 3510-DS-P