[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70785-70787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25401]



[[Page 70785]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-824, A-201-856, A-821-833]


Oil Country Tubular Goods From Argentina, Mexico, and the Russian 
Federation: Antidumping Duty Orders and Amended Final Affirmative 
Antidumping Duty Determination for the Russian Federation

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing antidumping duty (AD) orders on 
oil country tubular goods (OCTG) from Argentina, Mexico, and the 
Russian Federation (Russia). In addition, Commerce is amending its 
final determination with respect to OCTG from Russia to correct a 
ministerial error.

DATES: Applicable November 21, 2022.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov (Argentina), Yang 
Chun or Emily Bradshaw (Mexico), and George McMahon or Michael Heaney 
(Russia), AD/CVD Operations, Offices I and VI, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-0665, (202) 482-5760, (202) 482-3986, (202) 482-1167, or 
(202) 482-4475, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), on October 5, 2022, Commerce published its 
affirmative final determinations in the less-than-fair-value (LTFV) 
investigations of OCTG from Argentina, Mexico, and Russia.\1\ In the 
investigation of OCTG from Russia, JSC Vyksa Steel Works (OMK/VSW) 
submitted a timely allegation that Commerce made a ministerial error in 
the final AD determination.\2\ We reviewed the allegation and 
determined that we made a ministerial error in the final AD 
determination on OCTG from Russia. See ``Amendment to the Final 
Determination for Russia'' section below for further discussion. On 
November 14, 2022, the ITC notified Commerce of its final 
determinations, pursuant to section 735(d) of the Act, that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of OCTG 
from Argentina, Mexico, and Russia.\3\
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    \1\ See Oil Country Tubular Goods from Argentina: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Negative Determination of Critical Circumstances, 87 FR 59054 
(September 29, 2022); Oil Country Tubular Goods from Mexico: Final 
Affirmative Determinations of Sales at Less Than Fair Value and 
Critical Circumstances, 87 FR 59041 (September 29, 2022); and 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, 87 FR 
59045 (September 29, 2022) (Russia Final Determination).
    \2\ See OMK/VSW's Letter, ``Oil Country Tubular Goods from the 
Russian Federation: OMK's Ministerial Error Comments,'' dated 
September 30, 2022 (Ministerial Error Allegation).
    \3\ See ITC's Letter, Investigation Nos. 701-TA-671-672 and 731-
TA-1571-1573 (Final), dated November 14, 2022.
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Scope of the Orders

    The products covered by these orders are OCTG from Argentina, 
Mexico, and Russia. For a complete description of the scope of these 
orders, see the appendix to this notice.

Amendment to the Final Determination for Russia

    On September 30, 2022, OMK/VSW timely alleged that Commerce made a 
certain ministerial error in the Russia Final Determination with 
respect to the dumping margin assigned to OMK/VSW.\4\ No other party 
made an allegation of ministerial errors or submitted a rebuttal to 
OMK/VSW's ministerial error allegation under 19 CFR 351.224(c)(3). 
Commerce reviewed the record and, on October 26, 2022, agreed that the 
error alleged by OMK/VSW constituted a ministerial error within the 
meaning of section 735(e) of the Act and 19 CFR 351.224(f).\5\ 
Specifically, Commerce found that it made an inadvertent error in not 
converting into U.S. dollars a certification expense reported by OMK/
VSW in Russian rubles.\6\ Pursuant to 19 CFR 351.224(e), Commerce is 
amending the Russia Final Determination to reflect the correction of 
the ministerial error, as described in the Ministerial Error 
Memorandum.\7\ Based on the correction, OMK/VSW's final dumping margin 
changed from 12.84 to 12.01 percent. As a result, we are also revising 
the all-others rate from 12.84 to 12.01 percent. The amended estimated 
weighted-average dumping margins are listed in the ``Estimated 
Weighted-Average Dumping Margins'' section below.
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    \4\ See Ministerial Error Allegation.
    \5\ See Memorandum, ``Antidumping Duty Investigation of Oil 
Country Tubular Goods from the Russian Federation: Allegation of 
Ministerial Error in the Final Determination,'' dated October 26, 
2022 (Ministerial Error Memorandum).
    \6\ See Memorandum, ``Amended Final Analysis Memorandum for JSC 
Vyksa Steel Works,'' dated October 26, 2022.
    \7\ Id.
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Antidumping Duty Orders

    On November 14, 2022, in accordance with section 735(d) of the Act, 
the ITC notified Commerce of its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured by reason of imports of OCTG from Argentina, 
Mexico, and Russia. Therefore, in accordance with section 735(c)(2) of 
the Act, Commerce is issuing these AD orders. Because the ITC 
determined that imports of OCTG from Argentina, Mexico, and Russia are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Argentina, Mexico, and Russia, entered or withdrawn 
from warehouse for consumption, are subject to the assessment of ADs.
    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, ADs equal to the amount 
by which the normal value of the merchandise exceeds the export price 
(or constructed export price) of the merchandise, for all relevant 
entries of OCTG from Argentina, Mexico, and Russia. With the exception 
of entries occurring after the expiration of the provisional measures 
period and before publication of the ITC's final affirmative injury 
determinations, as further described below, antidumping duties will be 
assessed on unliquidated entries of OCTG from Argentina, Mexico, and 
Russia, entered, or withdrawn from warehouse, for consumption, on or 
after May 11, 2022, the date of publication of the Preliminary 
Determinations.\8\
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    \8\ 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); Oil 
Country Tubular Goods from Mexico: Preliminary Affirmative 
Determinations of Sales at Less Than Fair Value and Critical 
Circumstances, Postponement of Final Determination, and Extension of 
Provisional Measures, 87 FR 28808 (May 11, 2022); and 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) (collectively, Preliminary Determinations).
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Continuation of Suspension of Liquidation and Cash Deposits

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 735(c)(1)(B) of

[[Page 70786]]

the Act, Commerce will instruct CBP to continue to suspend liquidation 
on all relevant entries of OCTG from Argentina, Mexico, and Russia. 
These instructions suspending liquidation will remain in effect until 
further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the tables 
below. Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determinations, CBP will require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the rates listed in the table below. The all-others 
rate applies to all producers or exporters not specifically listed, as 
appropriate.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
      Exporter or producer          Estimated weighted-average dumping
                                             margin (percent)
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Argentina:
    Siderca S.A.I.C.............                   78.30
    All Others..................                   78.30
Mexico:
    Tubos de Acero de Mexico,
     S.A........................                   44.93
    All Others..................                   44.93
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                                           Estimated   Cash deposit rate
                                           weighted-       (adjusted for
Exporter or producer                         average  subsidy offset(s))
                                      dumping margin           (percent)
                                           (percent)
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Russia:
    JSC Vyksa Steel Works.......               12.01               11.70
    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
     *..........................
    All Others..................               12.01               11.87
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* Rate based on adverse facts available.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of OCTG from Argentina, Mexico, and Russia, Commerce extended the four-
month period to six months in each of these investigations. Commerce 
published the Preliminary Determinations on May 11, 2022.\9\
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    \9\ Id.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on November 6, 
2022. Therefore, in accordance with section 733(d) of the Act and our 
practice,\10\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of OCTG from Argentina, Mexico, and Russia entered 
or withdrawn from warehouse, for consumption after November 6, 2022, 
the final day on which the provisional measures were in effect, until 
and through the day preceding the date of publication of the ITC's 
final affirmative injury determinations in the Federal Register. 
Suspension of liquidation and the collection of cash deposits will 
resume on the date of publication of the ITC's final determinations in 
the Federal Register.
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    \10\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, India, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 
(July 25, 2016).
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Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\11\ On 
September 27, 2021, Commerce also published the notice titled ``Scope 
Ruling Application; Annual Inquiry Service List; and Informational 
Sessions'' in the Federal Register.\12\ The Final Rule and Procedural 
Guidance provide that Commerce will maintain an annual inquiry service 
list for each order or suspended investigation, and any interested 
party submitting a scope ruling application or request for 
circumvention inquiry shall serve a copy of the application or request 
on the persons on the annual inquiry service list for that order, as 
well as any companion order covering the same merchandise from the same 
country of origin.\13\
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    \11\ See Regulations to Improve Administration and Enforcement 
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 
20, 2021) (Final Rule).
    \12\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \13\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and

[[Page 70787]]

under a specific segment type called ``AISL-Annual Inquiry Service 
List.'' \14\
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    \14\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field, which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
published in the Federal Register in January, the relevant segment 
and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \15\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments will not need to 
resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioners 
and foreign governments are responsible for making amendments to their 
entries of appearance during the annual update to the annual inquiry 
service list in accordance with the procedures described above.
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    \15\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the AD orders with respect to OCTG from 
Argentina, Mexico, and Russia pursuant to section 736(a) of the Act. 
Interested parties can find a list of AD orders currently in effect at 
https://www.trade.gov/data-visualization/adcvd-proceedings.
    The amended Russia final determination and these AD orders are 
published in accordance with sections 735(e) and 736(a) of the Act and 
19 CFR 351.224(e) and 19 CFR 351.211(b).

    Dated: November 16, 2022
Lisa W. Wang,
Assistant Secretary,for Enforcement and Compliance.

Appendix--Scope of the Orders

    The merchandise covered by these orders 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 these orders 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 these orders if performed in the 
country of manufacture of the OCTG.
    Excluded from the scope of these orders 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 these orders 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 these orders 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 these orders is dispositive.

[FR Doc. 2022-25401 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-DS-P