[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59045-59047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21182]



[[Page 59045]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-833]


Oil Country Tubular Goods From the Russian Federation: Final 
Affirmative Determination of Sales at Less Than Fair Value, and Final 
Affirmative Critical Circumstances Determination, in Part

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of oil country tubular goods (OCTG) from the Russian Federation 
(Russia) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) for the period of investigation (POI) 
October 1, 2020, through September 30, 2021.

DATES: Applicable September 29, 2022.

FOR FURTHER INFORMATION CONTACT: George McMahon or Mike Heaney, 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) 482-1167 or (202) 482-4475, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 2022, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of OCTG 
from Russia, in which it also postponed the final determination until 
September 23, 2022.\1\ We invited interested parties to comment on the 
Preliminary Determination. A summary of the events that occurred since 
Commerce published the Preliminary Determination may be found in the 
Issues and Decision Memorandum.\2\
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    \1\ See Oil Country Tubular Goods from the Russian Federation: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Preliminary Negative Critical Circumstances Determination, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 87 FR 28804 (May 11, 2022) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Oil Country Tubular Goods from the Russian 
Federation,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is OCTG from Russia. For 
a complete description of the scope of this investigation, see appendix 
I.

Analysis of Comments Received

    All the issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as appendix II. 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.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation for reasons beyond its control. However, we conducted 
virtual verifications in lieu of an on-site verification to verify the 
information relied upon in making this final determination with respect 
to JSC Vyksa Steel Works (OMK/VSW), in accordance with section 782(i) 
of the Tariff Act of 1930, as amended (the Act).\3\ Specifically, 
Commerce conducted virtual verifications of OMK/VSW's information and 
data on home market sales, U.S. sales, and cost of production.
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    \3\ See Commerce's Letter, ``Less-Than-Fair-Value Investigation 
of Oil Country Tubular Goods from the Russian Federation: 
Verification of the Home Market and U.S. Sales Questionnaire 
Response of JSC Vyksa Steel Works and OMK Tube,'' dated July 15, 
2022; see also Commerce's Letter, ``Verification of the Cost 
Response of Vyksa Steel Works in the Less-Than-Fair-Value 
Investigation of Oil Country Tubular Goods from the Russian 
Federation,'' dated July 8, 2022. Commerce did not issue a similar 
request for documentation from the mandatory respondent, Volzhsky 
Pipe Plant, Joint Stock Company (VTZ), because VTZ withdrew its 
participation in this investigation subsequent to the Preliminary 
Determination. See VTZ/TMK's Letter, ``Antidumping Investigation of 
Oil Country Tubular Goods from Russia--VTZ and TMK Notice of 
Withdrawal from the Investigation,'' dated May 27, 2022.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations for OMK/VSW, and we applied 
a margin based on adverse facts available for Volzhsky Pipe Plant, 
Joint Stock Company (TMK/VTZ). For a discussion of these changes, see 
the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act (i.e., facts otherwise available).
    Commerce calculated an individual estimated weighted-average 
dumping margin for OMK/VSW and assigned a rate based entirely on facts 
available to TMK/VTZ, the two respondents selected for individual 
examination in this investigation. Because the only individually 
calculated dumping margin that is not zero, de minimis, or based 
entirely on facts otherwise available, is the estimated weighted-
average dumping margin calculated for OMK/VSW, we have assigned the 
margin calculated for OMK/VSW to all other producers and exporters, 
pursuant to section 735(c)(5)(A) of the Act.

Final Affirmative Determination of Critical Circumstances, in Part

    In accordance with section 735(a)(3) of the Act and 19 CFR 
351.206(h), we find that critical circumstances exist for certain 
companies in Russia. For a full description of the methodology and 
results of Commerce's critical circumstances analysis, see the ``Final 
Affirmative Determination of Critical Circumstances, in Part'' section 
of the Issues and Decision Memorandum.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

[[Page 59046]]



------------------------------------------------------------------------
                                                       Cash deposit rate
                                 Estimated weighted-     (adjusted for
      Exporter or producer         average dumping    subsidy offset(s))
                                   margin (percent)      (percent) \4\
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JSC Vyksa Steel Works..........                12.84               12.53
Volzhsky Pipe Plant, Joint                  * 184.21            * 184.21
 Stock Company/Public Joint-
 Stock Company Trubnaya
 Metallurgicheskaya Kompaniya/
 Sinarsky Pipe Plant, Joint
 Stock Company/Seversky Pipe
 Plant, Joint Stock Company/
 Taganrog Metallurgical Plant,
 Joint Stock Company/
 Pervouralsk Pipe Plant, Joint
 Stock Company/Chelyabinsk Pipe
 Plant, Joint Stock Company/
 Orsky Machine Building Plant,
 Joint Stock Company \5\.......
All Others.....................                12.84               12.70
------------------------------------------------------------------------
* Adverse Facts Available (AFA).

Disclosure

    We intend to disclose the calculations and analysis performed to 
interested parties in this final determination within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b).
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    \4\ See Memoranda, ``Less-Than-Fair-Value Investigation of Oil 
Country Tubular Goods from the Russian Federation: Final 
Determination Analysis Memorandum for JSC Vyksa Steel Works,'' dated 
concurrently with this memorandum; and ``Less-Than-Fair-Value 
Investigation of Oil Country Tubular Goods from the Russian 
Federation: Final Determination Calculation for the All-Others,'' 
dated concurrently with this memorandum.
    \5\ Commerce preliminarily determined that Volzhsky Pipe Plant, 
Joint Stock Company; Public Joint-Stock Company Trubnaya 
Metallurgicheskaya Kompaniya; Sinarsky Pipe Plant, Joint Stock 
Company; Seversky Pipe Plant, Joint Stock Company; Taganrog 
Metallurgical Plant, Joint Stock Company; Pervouralsk Pipe Plant, 
Joint Stock Company; Chelyabinsk Pipe Plant, Joint Stock Company; 
Orsky Machine Building Plant, Joint Stock Company are affiliated 
within the meaning of 771(33)(F) of the Act, and should be treated 
as a single entity, in accordance with 19 CFR 351.401(f). See 
Preliminary Determination; see also Memorandum, ``Less-Than-Fair-
Value Investigation of Oil Country Tubular Goods from Russia: 
Preliminary Affiliation and Collapsing Memorandum for Volzhsky Pipe 
Plant,'' dated May 4, 2022. Commerce received no comments regarding 
the determination of affiliation among these companies. Accordingly, 
Commerce continues to find these companies are affiliated and 
continues to treat these companies as a single entity.
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend the liquidation of all appropriate entries of subject 
merchandise, as described in appendix I of this notice, entered, or 
withdrawn from warehouse, for consumption on or after May 11, 2022, the 
date of publication in the Federal Register of the affirmative 
Preliminary Determination.
    Section 735(c)(4)(B) of the Act provides that if there is an 
affirmative final determination of critical circumstances following a 
negative preliminary determination of critical circumstances, 
suspension of liquidation shall apply to unliquidated entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date which is 90 days before the date on 
which the suspension of liquidation was first ordered. As noted above, 
Commerce finds that critical circumstances exist for imports of subject 
merchandise produced and/or exported by TMK/VTZ. Therefore, in 
accordance with section 735(c)(4)(B) of the Act, suspension of 
liquidation shall apply to unliquidated entries of subject merchandise 
produced or exported by TMK/VTZ that were entered, or withdrawn from 
warehouse, for consumption on or after the date which is 90 days before 
the date of publication of the Preliminary Determination in the Federal 
Register. These suspension of liquidation instructions will remain in 
effect until further notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit for 
estimated antidumping duties for such entries as follows: (1) the cash 
deposit rate for the companies listed above will be equal to the 
company-specific estimated weighted-average dumping margins determined 
in this final determination; (2) if the exporter is not a company 
identified above, but the producer is identified above, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of OCTG no later than 45 days after this final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all cash deposits posted will 
be refunded and suspension of liquidation will be lifted. If the ITC 
determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice will serve as a final reminder to the parties subject 
to an 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). Timely written 
notification of 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

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).


[[Page 59047]]


    Dated: September 23, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is certain OCTG, 
which are hollow steel products of circular cross-section, including 
oil well casing and tubing, of iron (other than case 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 this investigation also 
covers OCTG coupling stock.
    Subject merchandise includes material matching the above 
description that has been finished, packaged, or otherwise processed 
in a third country, including by performing any heat treatment, 
cutting, upsetting, threading, coupling, or any other finishing, 
packaging, or processing that would not otherwise remove the 
merchandise from the scope of the investigation if performed in the 
country of manufacture of the OCTG.
    Excluded from the scope of the investigation are: casing, 
tubing, or coupling stock containing 10.5 percent or more by weight 
of chromium; drill pipe; unattached couplings; and unattached thread 
protectors.
    The merchandise subject to this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7304.29.1010, 7304.29.1020, 
7304.29.1030, 7304.29.1040, 7304.29.1050, 7304.29.1060, 
7304.29.1080, 7304.29.2010, 7304.29.2020, 7304.29.2030, 
7304.29.2040, 7304.29.2050, 7304.29.2060, 7304.29.2080, 
7304.29.3110, 7304.29.3120, 7304.29.3130, 7304.29.3140, 
7304.29.3150, 7304.29.3160, 7304.29.3180, 7304.29.4110, 
7304.29.4120, 7304.29.4130, 7304.29.4140, 7304.29.4150, 
7304.29.4160, 7304.29.4180, 7304.29.5015, 7304.29.5030, 
7304.29.5045, 7304.29.5060, 7304.29.5075, 7304.29.6115, 
7304.29.6130, 7304.29.6145, 7304.29.6160, 7304.29.6175, 
7305.20.2000, 7305.20.4000, 7305.20.6000, 7305.20.8000, 
7306.29.1030, 7306.29.1090, 7306.29.2000, 7306.29.3100, 
7306.29.4100, 7306.29.6010, 7306.29.6050, 7306.29.8110, and 
7306.29.8150.
    The merchandise subject to this investigation may also enter 
under the following HTSUS item numbers: 7304.39.0024, 7304.39.0028, 
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 
7304.39.0068, 7304.39.0072, 7304.39.0076, 7304.39.0080, 
7304.59.6000, 7304.59.8015, 7304.59.8020, 7304.59.8025, 
7304.59.8030, 7304.59.8035, 7304.59.8040, 7304.59.8045, 
7304.59.8050, 7304.59.8055, 7304.59.8060, 7304.59.8065, 
7304.59.8070, 7304.59.8080, 7305.31.4000, 7305.31.6090, 
7306.30.5055, 7306.30.5090, 7306.50.5050, and 7306.50.5070.
    The HTSUS subheadings and specifications above are provided for 
convenience and customs purposes only. The written description of 
the scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Final Determinations of Affiliation and Single Entity Treatment
VI. Application of Facts Available and Use of Adverse Inferences
VII. Final Affirmative Determination of Critical Circumstances in 
Part
VIII. Discussion of the Issues
    Comment 1: OMK/VSW's Cost Reporting
    Comment 2: Retention of TMK/VTZ's Business Proprietary 
Information (BPI) on the Record of the Investigation
    Comment 3: TMK/VTZ Adverse Facts Available (AFA) Margin and 
Critical Circumstances Determination
IX. Recommendation

[FR Doc. 2022-21182 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-DS-P