[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70782-70784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25402]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-913, C-821-834]


Oil Country Tubular Goods From the Republic of Korea and the 
Russian Federation: Countervailing Duty Orders

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 countervailing duty orders on oil 
country tubular goods (OCTG) from the Republic of Korea (Korea) and the 
Russian Federation (Russia).

DATES: Applicable November 21, 2022.

FOR FURTHER INFORMATION CONTACT: Melissa Porpotage (Korea) and Theodore 
Pearson (Russia), AD/CVD Operations, Offices I and II, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-1413 and (202) 482-2631, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on September 29, 2022, Commerce published its 
affirmative final determinations in the countervailing duty 
investigations of OCTG from Korea and Russia.\1\ On November 14, 2022, 
the ITC notified Commerce of its affirmative final determinations that 
an industry in the United States is materially injured within the 
meaning of section 705(b)(1)(A)(i) of the Act, by reason of subsidized 
imports of subject merchandise from Korea and Russia.\2\
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    \1\ See Oil Country Tubular Goods from the Republic of Korea: 
Final Affirmative Countervailing Duty Determination, 87 FR 59056 
(September 29, 2022) (Korea Final Determination); see also Oil 
Country Tubular Goods from the Russian Federation: Final Affirmative 
Countervailing Duty Determination and Final Negative Critical 
Circumstances Determination, 87 FR 59057 (September 29, 2022).
    \2\ See ITC Letter, ``Chairman Transmittal of Determinations to 
Commerce,'' dated November 14, 2022.
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Scope of the Orders

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

Countervailing Duty Orders

    As noted above, on November 14, 2022, in accordance with section 
705(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 
subsidized imports of OCTG from Korea and Russia.\3\ Therefore, in 
accordance with section 705(c)(2) of the Act, Commerce is issuing these 
countervailing duty orders. Because the ITC determined that imports of 
OCTG from Korea and Russia are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from Korea and Russia, entered 
or withdrawn from warehouse for consumption, are subject to the 
assessment of countervailing duties.
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    \3\ Id.

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[[Page 70783]]

    In accordance with section 706(a) of the Act, Commerce will direct 
U.S. Customs and Border Protection (CBP) to assess, upon further 
instruction by Commerce, countervailing duties for all relevant entries 
of OCTG from Korea and Russia. Regarding Korea, because Commerce made a 
preliminary negative countervailing duty determination,\4\ Commerce did 
not direct CBP to suspend liquidation or to require a cash deposit of 
estimated countervailing duties for entries of OCTG from Korea on or 
after March 14, 2022, the date of publication of the Korea Preliminary 
Determination. However, because Commerce made a final affirmative 
countervailing duty determination, Commerce directed CBP to begin 
suspension of liquidation of OCTG from Korea entered, or withdrawn from 
warehouse, for consumption on or after September 29, 2022, the date of 
publication of the Korea Final Determination.\5\ Regarding Russia, with 
the exception of entries occurring after the expiration of the 
provisional measures period and before the publication of the ITC's 
final affirmative injury determinations, as further described below, 
countervailing duties will be assessed on unliquidated entries of OCTG 
from Russia entered, or withdrawn from warehouse, for consumption on or 
after March 14, 2022, the date of publication of the Russia Preliminary 
Determination.\6\
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    \4\ See Oil Country Tubular Goods from the Republic of Korea: 
Preliminary Negative Countervailing Duty Determination and Alignment 
of Final Determination with Final Antidumping Duty Determination, 87 
FR 14248 (March 14, 2022) (Korea Preliminary Determination).
    \5\ See Korea Final Determination, 87 FR at 59057.
    \6\ See Oil Country Tubular Goods from the Russian Federation: 
Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Negative Critical Circumstances Determination, and 
Alignment of Final Determination with Final Antidumping Duty 
Determination 87 FR 14249 (March 14, 2022) (Russia Preliminary 
Determination).
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Suspension of Liquidation

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to continue to suspend liquidation of all relevant entries of OCTG 
from Korea. For Russia, Commerce will instruct CBP to reinstitute the 
suspension of liquidation of OCTG from Russia, effective on the date of 
publication of the ITC's final affirmative injury determination in the 
Federal Register. These instructions suspending liquidation will remain 
in effect until further notice.
    Commerce also intends, pursuant to section 706(a)(1) of the Act, to 
instruct CBP to assess countervailing duties for each entry of the 
subject merchandise in an amount based on the net countervailable 
subsidy rates below. On or after the date of publication of the ITC's 
final injury determination in the Federal Register, CBP must require, 
at the same time as importers would deposit estimated normal customs 
duties on this 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.
    Because the countervailable subsidy rate is de minimis for subject 
merchandise produced and exported by Hyundai Steel Corporation, entries 
of shipments of subject merchandise from this producer/exporter 
combination are excluded from the countervailing duty order on subject 
merchandise from Korea.

------------------------------------------------------------------------
                                                Subsidy rate (percent ad
               Producer/exporter                        valorem)
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Korea:
    Hyundai Steel Company \7\.................                     0.25
    SeAH Steel Corporation \8\................                     1.33
    All Others................................                     1.33
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Russia:
    Volzhsky Pipe Plant, Joint Stock Company;                      1.30
     Sinarsky Pipe Plant, Joint Stock Company;
     Seversky Pipe Plant, Joint Stock Company;
     Taganrog Metallurgical Plant, Joint Stock
     Company; Orsky Machine Building Plant,
     Joint Stock Company; and PAO TMK \9\.....
    JSC Vyksa Steel Works \10\................                     1.59
    All Others................................                     1.43
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 (de minimis)

Provisional Measures
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    \7\ Hyundai Steel Company must be both the producer and exporter 
of the subject merchandise for purposes of this rate application.
    \8\ Commerce has found the following company to be cross-owned 
with SeAH Steel Corporation: SeAH Steel Holding Corporation.
    \9\ Commerce has found the following companies to be cross-owned 
with Volzhsky Pipe Plant, Joint Stock Company: TMK Neftegasservice-
Nizhnevartovsk, Joint Stock Company; TMK Neftegasservice-Buzuluk, 
Limited Liability Company; Russian Research Institute of the Tube & 
Pipe Industries, JSC; and Scientific and Technical Center TMK, LLC.
    \10\ Commerce has found the following companies to be cross-
owned with JSC Vyska Steel Works: BusinessOptima; Metallolomaya 
Company OMK--Ecometall; United Metallurgical Company; and Joint-
Stock Company Trubodetal.
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    Section 703(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. For Russia, in the underlying 
investigation, Commerce published the Russia Preliminary Determination, 
which was affirmative, on March 14, 2022. Therefore, the four-month 
period beginning on the date of the publication of the Russia 
Preliminary Determination ended on July 11, 2022.
    In accordance with section 703(d) of the Act, we instructed CBP to 
terminate the suspension of liquidation and to liquidate, without 
regard to countervailing duties, unliquidated entries of OCTG from 
Russia entered, or withdrawn from warehouse, for consumption after July 
11, 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 injury determination 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 determination in 
the Federal Register.

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

[[Page 70784]]

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 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 the Governments of Korea and Russia 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 the Governments 
of Korea and Russia 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 the Governments of Korea and 
Russia 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 countervailing duty orders with respect 
to OCTG from Korea and Russia pursuant to section 706(a) of the Act. 
Interested parties can find a list of countervailing duty orders 
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    These countervailing orders are issued and published in accordance 
with section 706(a) of the Act 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. 2022-25402 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-DS-P