[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7801-7802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02856]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-815]
Oil Country Tubular Goods From Ukraine: Final Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the sole
producer/exporter sold subject merchandise in the United State at
prices below normal value during the July 10, 2019, through June 30,
2020, period of review (POR).
DATES: Applicable February 10, 2022.
FOR FURTHER INFORMATION CONTACT: Toni Page, 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) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2021, Commerce published the Preliminary Results of
this administrative review.\1\ We invited interested parties, including
mandatory respondent Interpipe,\2\ to comment on the Preliminary
Results. For a description of the events since the Preliminary Results,
as well as a full discussion of the issues raised by parties for these
final results, see the Issues and Decision Memorandum.\3\ Commerce
conducted this review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Oil Country Tubular Goods from Ukraine: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR
43522 (August 9, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ Commerce has previously determined that Interpipe Europe
S.A.; Interpipe Ukraine LLC (Interpipe Ukraine); PJSC Interpipe
Niznedneprovsky Tube Rolling Plant (Interpipe NTRP); and LLC
Interpipe Niko Tube (Niko Tube) are affiliated and treated as a
single entity (i.e., Interpipe). See Preliminary Results PDM at
``Affiliation and Collapsing.''
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Oil
Country Tubular Goods from Ukraine, 2019-2020,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
The products covered by the Order are certain oil country tubular
goods (OCTG) from Ukraine. For a full description of the scope, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of these issues
is attached as an 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties regarding our Preliminary Results, we made certain changes to
the calculation of the preliminary weighted-average dumping margin for
Interpipe.
Final Results of the Review
As a result of this administrative review, we determine the
following weighted-average dumping margin for the period July 10, 2019,
through June 30, 2020:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter or producer margin
(percent)
------------------------------------------------------------------------
Interpipe Europe S.A./Interpipe Ukraine LLC/PJSC 27.80
Interpipe Niznedneprovsky Tube Rolling Plant (aka
Interpipe NTRP)/LLC Interpipe Niko Tube..............
------------------------------------------------------------------------
[[Page 7802]]
Disclosure
We intend to disclose the calculations performed for these final
results within five days of the date of publication of this notice in
the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, 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.\5\ In accordance with 19 CFR 351.212(b)(1), Commerce
calculated an importer-specific ad valorem antidumping assessment rate
for Interpipe that is not zero or de minimis and will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review.
---------------------------------------------------------------------------
\5\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14,
2012).
---------------------------------------------------------------------------
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Interpipe for which it
did not know that the merchandise was destined for the United States,
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.\6\
---------------------------------------------------------------------------
\6\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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).
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 Interpipe will
be equal to the weighted-average dumping margin established in the
final results of this administrative review; (2) for previously
reviewed or investigated companies not listed above, the cash deposit
rate will continue to be the company-specific rate published for the
most recently completed segment of this proceeding in which the company
participated; (3) if the exporter was not a firm covered in this review
or in the investigation but the producer was covered, the cash deposit
rate will be the rate established for the most recently completed
segment of this proceeding for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be the all-others rate of 7.47 percent, the all-others rate
established in the original less-than-fair-value investigation.\7\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
---------------------------------------------------------------------------
\7\ See Order, 84 FR at 33919.
---------------------------------------------------------------------------
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 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 Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the 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 return/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 these results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: February 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Whether Commerce Incorrectly Added Certain U.S.
Direct Selling Expenses to Normal Value
Comment 2: Whether to Grant Interpipe a Constructed Export Price
(CEP) Offset
Comment 3: Whether to Treat Section 232 Tariffs as U.S. Customs
Duties
Comment 4: Whether Commerce Should Correct the CONNUM Field Used
as the Basis for the Margin Calculation
Comment 5: Whether Commerce Should Include Sales of Current
Assets in the Calculation of General and Administrative (G&A)
Expenses
Comment 6: Whether Commerce Should Make an Adjustment to
Interpipe's Reported Depreciation
Comment 7: Whether Commerce Should Revise Niko Tube's G&A
Expense Ratio
VI. Recommendation
[FR Doc. 2022-02856 Filed 2-9-22; 8:45 am]
BILLING CODE 3510-DS-P