[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Notices]
[Pages 55807-55809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21901]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-817]


Certain Oil Country Tubular Goods From the Socialist Republic of 
Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 
2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain oil country tubular goods (OCTG) from the Socialist 
Republic of Vietnam were sold in the United States at less than normal 
value (NV) during the period of review (POR) September 1, 2019 through 
August 31, 2020. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable October 7, 2021.

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

    On October 30, 2020, Commerce initiated an administrative review of 
the antidumping duty order on OCTG from Vietnam.\1\ The review covers 
SeAH Steel VINA Corporation (SeAH VINA) and its U.S. affiliate Pusan 
Pipe America, Inc. (Pusan Pipe) (collectively, SSV).\2\ On May 27, 
2021, Commerce extended the deadline for these preliminary results by 
120 days, to September 30, 2021, in accordance with section 751 
(a)(3)(A) of the Act, and 19 CFR 351.213(h)(2).\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 68840 (October 30, 2020) (Initiation 
Notice).
    \2\ Pusan Pipe is the importer of record for all of SeAH VINA's 
shipments of subject merchandise to the United States during the 
POR. See SSV's Letter, ``Administrative Review of the Antidumping 
Duty Order on Certain Oil Country Tubular Goods from Vietnam--
Response to the Department's November 4 Questionnaire,'' dated 
December 4, 2020 at 1.
    \3\ See Memorandum, ``Oil Country Tubular Goods from the 
Socialist Republic of Vietnam: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated May 27, 
2021.
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    For a full description of events that have occurred since the 
Initiation Notice, see the Preliminary Decision Memorandum.\4\ A list 
of topics included in the Preliminary Decision Memorandum is included 
as an appendix to this notice. 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. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
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    \4\ See Memorandum, ``Certain Oil Country Tubular Goods from the 
Socialist Republic of Vietnam: Decision Memorandum for the 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order is certain OCTG. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with sections 
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended 
(the Act). Constructed export prices have been calculated in accordance 
with section 772(b) of the Act. Because Vietnam is a non-market economy 
(NME) within the meaning of section 771(18) of the Act, NV has been 
calculated in accordance with section 773(c) of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

[[Page 55808]]

Vietnam-Wide Entity

    Commerce's policy regarding conditional review of the Vietnam-wide 
entity applies to this administrative review.\5\ Under this policy, the 
Vietnam-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the Vietnam-wide entity 
in this review, the entity is not under review and the entity's rate 
(i.e., 111.47 percent) \6\ is not subject to change.
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    \5\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \6\ 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); see also Certain Oil Country Tubular 
Goods from India, the Republic of Korea, Taiwan, the Republic of 
Turkey, and the Socialist Republic of Vietnam: Notice of Correction 
to the Antidumping Duty Orders with Respect to Turkey and the 
Socialist Republic of Vietnam, 79 FR 59740 (October 3, 2014).
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Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period September 1, 2019, through 
August 31, 2020:
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    \7\ Commerce initiated a review of both SeAH VINA and Pusan 
Pipe, but the record shows that Pusan Pipe is a U.S. importer of 
OCTG that is affiliated with SeAH VINA and does not produce OCTG. 
See SSV's Letter, ``Administrative Review of the Antidumping Duty 
Order on Certain Oil Country Tubular Goods from Vietnam--Response to 
the Department's November 4 Questionnaire,'' dated December 4, 2020 
at 1. Therefore, we have not calculated a rate for Pusan Pipe.

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                                                               Weighted-
                                                                average
                          Exporter                              margin
                                                               (percent)
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SeAH Steel VINA Corporation \7\.............................        4.67
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Disclosure, Public Comment and Opportunity To Request a Hearing

    Commerce will disclose the calculations used in our analysis to 
parties in this review within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b). Interested parties 
may submit case briefs within 30 days after the date of publication of 
these preliminary results of review in the Federal Register.\8\ 
Rebuttals to case briefs, which must be limited to issues raised in the 
case briefs, may be filed within seven days after the time limit for 
filing case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this review are 
requested to submit with each argument: (a) A statement of the issue, 
(b) a brief summary of the argument, and (c) a table of 
authorities.\10\ Parties submitting briefs should do so pursuant to 
Commerce's electronic filing system, ACCESS.\11\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information.\12\
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    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1)-(2).
    \10\ See 19 CFR 351.309(c)(2), (d)(2).
    \11\ See 19 CFR 351.303 (for general filing requirements).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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    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 within 30 days of the date of 
publication of this notice. Requests should contain the party's name, 
address and telephone number, the number of participants, whether any 
participant is a foreign national and a list of the 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 a date and time to be 
determined.\13\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \13\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, which will include the results of our analysis of all issues 
raised in the case briefs, within 120 days of publication of these 
preliminary results in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\14\ Commerce intends to issue assessment instructions 
to CBP no earlier than 35 days after the date of publication of the 
final results of this review in the Federal Register. If a timely 
summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).
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    \14\ See 19 CFR 351.212(b).
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    For assessment purposes, Commerce applied the assessment rate 
calculation method adopted in Antidumping Final Modification.\15\ For 
any individually examined respondent whose weighted average dumping 
margin is above de minimis (i.e., 0.50 percent) in the final results of 
this review, Commerce will calculate importer-specific assessment rates 
on the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales to the total entered value of sales, in 
accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-) 
specific ad valorem rate is greater than de minimis, Commerce will 
instruct CBP to collect the appropriate duties at the time of 
liquidation.\16\ Where either a respondent's weighted average dumping 
margin is zero or de minimis, or an importer- (or customer-) specific 
ad valorem is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\17\
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    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Antidumping Final Modification) described in more detail in the 
Preliminary Decision Memorandum.
    \16\ See 19 CFR 351.212(b)(1).
    \17\ See 19 CFR 351.106(c)(2).
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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 the 
subject merchandise from Vietnam 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 the companies listed above 
that have a separate rate, the cash deposit rate will be that 
established in the final results of this review (except, if the rate is 
zero or de minimis, then zero cash deposit will be required); (2) for 
previously examined Vietnamese and non-Vietnamese exporters not listed 
above that at the time of entry are eligible for a separate rate based 
on a prior completed segment of this proceeding, the cash deposit rate 
will continue to be the existing exporter-specific cash deposit rate; 
(3) for all Vietnamese exporters of subject merchandise that have not 
been found to be entitled to a separate rate at the time of entry, the 
cash deposit rate will be that for the Vietnamese-wide entity; and (4) 
for all non-Vietnamese exporters of subject merchandise that at the 
time of entry are

[[Page 55809]]

not eligible for a separate rate, the cash deposit rate will be the 
rate applicable to the Vietnamese exporter that supplied that non-
Vietnamese 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 the POR. 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

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: September 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--October 28, 2021 List of Topics Discussed in the Preliminary 
Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2021-21901 Filed 10-6-21; 8:45 am]
BILLING CODE 3510-DS-P