[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21094-21096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07722]


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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; 2019-
2020

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

SUMMARY: The Department of Commerce (Commerce) finds that certain oil 
country tubular goods (OCTG) from the Socialist Republic of Vietnam 
(Vietnam) were sold in the United States at less than normal value for 
the period of review (POR) September 1, 2019, through August 31, 2020.

DATES: Applicable April 11, 2022.

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 January 28, 2021, Commerce published the Preliminary Results.\1\ 
On November 8, 2021, we received case briefs from Maverick Tube 
Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars, Inc. 
(collectively, the petitioners) and from SeAH Steel VINA Corporation 
(SeAH VINA) and Pusan Pipe America, Inc. (Pusan Pipe) (collectively, 
SSV).\2\ On November 15, 2021, the petitioners and SSV submitted 
rebuttal briefs.\3\ On March 16, 2022, Commerce rejected the case 
briefs of the petitioners and SSV because they contained new factual 
information after the deadline for such information.\4\ The petitioners 
and SSV submitted redacted versions of their case briefs on March 18, 
2022.\5\ On January 28, 2022, we extended the deadline for the final 
results of this review until April 5, 2022.\6\
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    \1\ See Certain Oil Country Tubular Goods from the Socialist 
Republic of Vietnam: Preliminary Results of Antidumping Duty 
Administrative Review, 86 FR 55807 (October 7, 2021) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ See Petitioners' Letter, ``Oil Country Tubular Goods from 
the Socialist Republic of Vietnam: Case Brief of Maverick Tube 
Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc.,'' 
dated November 8, 2021; and SSV's Letter, ``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 November 8, 2021.
    \3\ See Petitioners' Letter, ``Oil Country Tubular Goods from 
the Socialist Republic of Vietnam: Rebuttal Brief of Maverick Tube 
Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc.,'' 
dated November 15, 2021; see also SSV's Letter, ``Administrative 
Review of the Antidumping Duty Order on Certain Oil Country Tubular 
Goods from Vietnam--Rebuttal Brief of SeAH Steel VINA Corporation 
and Pusan Pipe America, Inc.,'' dated November 15, 2021.
    \4\ See Commerce's Letters, ``Antidumping Duty Administrative 
Review of Oil Country Tubular Goods from the Socialist Republic of 
Vietnam; 2019-20: Rejection of Case Brief Filed by Maverick Tube 
Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars, Inc., and 
Request for Resubmission of Its Case Brief,'' dated March 16, 2022; 
and ``Antidumping Duty Administrative Review of Oil Country Tubular 
Goods from the Socialist Republic of Vietnam; 2019-20: Rejection of 
Case Brief of SeAH Steel VINA Corporation and Pusan Pipe America, 
Inc., and Request for Resubmission of Its Case Brief,'' dated March 
16, 2022.
    \5\ See Petitioners' Letter, ``Oil Country Tubular Goods from 
the Socialist Republic of Vietnam: Resubmission of Case Brief,'' 
dated March 18, 2022; and SSV's Letter, ``Administrative Review of 
the Antidumping Order on Oil Country Tubular Goods from Vietnam--
Redacted Case Brief of SeAH Steel VINA Corporation and Pusan Pipe 
America, Inc.,'' dated March 18, 2022.
    \6\ See Memorandum, ``Oil Country Tubular Goods from the 
Socialist Republic of Vietnam: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated January 
28, 2022.
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    For a complete description of the events that followed the 
Preliminary Results of this administrative review,

[[Page 21095]]

see the Issues and Decision Memorandum, dated concurrently with these 
final results and hereby adopted by this notice.\7\ Commerce is 
conducting an administrative review of the antidumping duty order on 
OCTG from Vietnam \8\ in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act).
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    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Certain Oil Country Tubular Goods from the Socialist Republic of 
Vietnam,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
    \8\ 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) (Order).
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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 Order, 
see the Issues and Decision Memorandum.

Analysis of Comments Received

    Commerce addressed all issues raised in the case and rebuttal 
briefs in the Issues and Decision Memorandum. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum is attached to this notice as the appendix. 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 review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the margin calculation for SSV. For a discussion of the 
issues, see the Issues and Decision Memorandum.

Separate Rates

    No parties commented on our preliminary separate rate findings. 
Therefore, we have continued to grant SSV separate rate status.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period September 1, 2019, through August 31, 
2020:
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    \9\ 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.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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SeAH Steel VINA Corporation \9\............................        1.49
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Disclosure

    Commerce intends 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).

Assessment

    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.
    Consistent with its recent notice,\10\ 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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    \10\ See Notice of Discontinuation Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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    Where the respondent's weighted-average dumping margin is zero or 
de minimis, or where an importer- (or customer-) specific ad valorem or 
per-unit rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\11\ 
For entries that were not reported in the U.S. sales database submitted 
by an exporter individually examined during this review, but that 
entered under the case number of that exporter (i.e., at the 
individually-examined exporter's cash deposit rate), Commerce will 
instruct CBP to liquidate such entries at the Vietnam-wide rate (i.e., 
111.47 percent).\12\
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    \11\ 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).
    \12\ 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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    For the individually-examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), Commerce will 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of antidumping duties calculated for each 
importer's examined sales and the total entered value of the sales, in 
accordance with 19 CFR 351.212(b)(1).
    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 SeAH VINA, a 
cash deposit rate of 1.49 percent; (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

[[Page 21096]]

subject merchandise. These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \14\ See Order.
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Notification to Importers Regarding the Reimbursement of Duties

    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 the 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 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 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, 19 CFR 351.213, and 19 CFR 
351.221(b)(5).

    Dated: April 5, 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. Scope of the Order
IV. Separate Rates
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
    Comment 1: Whether to Include Another Harmonized Tariff Schedule 
of the United States Heading in Establishing the Surrogate Value for 
Hot-Rolled Coil and How to Determine the Surrogate Value
    Comment 2: Whether to Disregard Certain Financial Statements 
Used in the Preliminary Results to Calculate Financial Ratios
    Comment 3: Whether Commerce's Differential Pricing Methodologies 
Are Appropriate
    Comment 4: Whether to Value Water as a Factor of Production
    Comment 5: Whether to Deduct Section 232 Duties from U.S. Price
    Comment 6: Whether Commerce Made Ministerial Errors in its 
Preliminary Results
VII. Recommendation

[FR Doc. 2022-07722 Filed 4-8-22; 8:45 am]
BILLING CODE 3510-DS-P