[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.
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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