[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59054-59056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21184]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-824]


Oil Country Tubular Goods From Argentina: Final Affirmative 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances

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 Argentina are being, 
or are likely to be, sold in the United States at less than fair value 
(LTFV) during the period of investigation, October 1, 2020, through 
September 30, 2021.

DATES: Applicable September 29, 2022.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0665.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 2022, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of OCTG 
from Argentina, 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 Argentina: Preliminary 
Affirmative Determinations of Sales at Less Than Fair Value and 
Critical Circumstances, Postponement of Final Determination, and 
Extension of Provisional Measures, 87 FR 28801 (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 Argentina, and Final 
Negative Determination of Critical Circumstances,'' 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 Argentina. 
For a complete description of the scope of this investigation, see 
appendix I.

Analysis of Comments Received

    All 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 at 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. However, in June 2022, we took additional steps in lieu 
of on-site verifications to verify the information relied upon in 
making this final determination, in accordance with section 782(i) of 
the Tariff Act of 1930, as amended (the Act). Specifically, Commerce 
performed virtual verifications of the cost of production response, 
home market and U.S. sales responses, as well as a further-
manufacturing cost response.\3\
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    \3\ See Memoranda, ``Verification of the Sales Questionnaire 
Response of Siderca S.A.I.C. in the Less-Than-Fair-Value 
Investigation of Oil Country Tubular Goods from Argentina,'' dated 
June 30 2022; ``Verification of the Sales Questionnaire Response of 
Tenaris Global Services (U.S.A.) Corporation in the Less-Than-Fair-
Value Investigation of Oil Country Tubular Goods from Argentina,'' 
dated June 30, 2022; ``Virtual Verification of the Further 
Manufacturing Cost Response of Siderca S.A.I.C. in the Antidumping 
Duty Investigation of Oil Country Tubular Goods from Argentina,'' 
dated July 28, 2022; and ``Virtual Verification of the Cost of 
Manufacturing Response of Siderca S.A.I.C. in the Antidumping Duty 
Investigation of Oil Country Tubular Goods from Argentina,'' dated 
July 28, 2022.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for this final determination. For a 
discussion of these changes, see the ``Changes from the Preliminary 
Determination'' section of 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 Siderca 
S.A.I.C. (Siderca), the only individually examined producer or exporter 
in this investigation. Because the only individually calculated 
estimated weighted-average dumping margin is not zero, de minimis, or 
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for all other producers and/or 
exporters is equal to the estimated weighted-average dumping margin 
calculated for the single examined respondent, Siderca, pursuant to 
section 735(c)(5)(A) of the Act.

Final Negative Determination of Critical Circumstances

    In accordance with section 735(a)(3) of the Act and 19 CFR 
351.206(h), Commerce finds that critical

[[Page 59055]]

circumstances do not exist for all companies in Argentina. For a full 
description of the methodology and results of Commerce's critical 
circumstances analysis, see the ``Final Negative Determination of 
Critical Circumstances'' section of the Issues and Decision Memorandum.

Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Siderca S.A.I.C.............................................       78.30
All Others..................................................       78.30
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Disclosure

    Commerce intends to disclose its 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).

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 the 
suspension of liquidation of all appropriate entries of subject 
merchandise, as described in appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after May 
11, 2022, the date of publication of the Preliminary Determination in 
this investigation 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 
respondent-specific estimated weighted-average dumping margin 
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 respondent-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.
    As noted above, Commerce finds that critical circumstances do not 
exist for imports of OCTG from Argentina produced and exported by all 
companies. In accordance with section 735(c)(3) of the Act, Commerce 
will instruct CBP to terminate any retroactive suspension of 
liquidation required under section 733(e)(2) of the Act, and release 
any bond or other security, and refund any cash deposit required, under 
section 733(d)(1)(B) of the Act, with respect to entries of the 
merchandise the liquidation of which was suspended retroactively under 
section 733(e)(2) of the Act before May 11, 2022.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
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 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 ``Suspension of Liquidation'' section.

Administrative Protective Order

    This notice will serve as a final reminder to the 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). 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 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).

    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,

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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. Changes from the Preliminary Determination
IV. Final Negative Determination of Critical Circumstances
V. Discussion of the Issues
    Comment 1: Constructed Export Price (CEP) Offset
    Comment 2: Third-Country Indirect Selling Expenses (ISE)
    Comment 3: Research and Development (R&D) Expenses for Further 
Manufacturing Costs
VI. Recommendation
[FR Doc. 2022-21184 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-DS-P