[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51289-51291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16579]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-815]


Oil Country Tubular Goods From Ukraine: Preliminary Results of 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that sales of oil country tubular goods (OCTG) from Ukraine were made 
at less than normal value during the period of review (POR) July 1, 
2021, through June 30, 2022. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable August 3, 2023.

FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-1398.

SUPPLEMENTARY INFORMATION:

Background

    On July 16, 2019, Commerce published in the Federal Register the 
antidumping duty order on OCTG from Ukraine.\1\ On July 1, 2022, 
Commerce published in the Federal Register a notice of opportunity to 
request an administrative review of the Order on OCTG from Ukraine for 
the POR July 1, 2021, through June 30, 2022.\2\ On September 6, 2022, 
based on timely requests for review,\3\ Commerce initiated an 
administrative review of the Order.\4\ The domestic interested parties 
are: Maverick Tube Corporation; Tenaris Bay City, Inc.; IPSCO Tubulars 
Inc.; and United States Steel Corporation. This review covers the sole 
mandatory respondent, Interpipe.\5\ On March 23, 2023, we extended the 
deadline for the preliminary results of this review by117 days in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.213(h)(2).\6\
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    \1\ See Termination of the Suspension Agreement on Certain Oil 
Country Tubular Goods from Ukraine, Rescission of Administrative 
Review, and Issuance of Antidumping Duty Order, 84 FR 33918 (July 
16, 2019) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 39461 (July 1, 2022).
    \3\ See Domestic Interested Parties' Letter, ``Request for 
Administrative Review,'' dated August 1, 2022; United States Steel 
Corporation's Letter, ``Request for Administrative Review,'' dated 
August 1, 2022; and Interpipe's Letter, ``Request for Review--2021-
2022 AD Review Period,'' dated July 29, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463 (September 6, 2022).
    \5\ In the most recent administrative review of this proceeding, 
we treated the following companies as a single entity: Interpipe 
Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky 
Tube Rolling Plant; LLC Interpipe Niko Tube (collectively, 
Interpipe), and these companies accounted for all entries of the 
subject merchandise during the POR, making Interpipe the sole 
mandatory respondent. See Oil Country Tubular Goods from Ukraine: 
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021, 87 FR 57176 (September 19, 2022), and accompanying Preliminary 
Decision Memorandum at ``Affiliation and Collapsing,'' unchanged in 
Oil Country Tubular Goods from Ukraine: Final Results of Antidumping 
Duty Administrative Review; 2020-2021, 88 FR 17521 (March 23, 2023), 
and accompanying Issues and Decision Memorandum; and Memorandum, 
``Release of U.S. Customs and Border Protection Entry Data for 
Respondent Selection,'' dated September 15, 2022.
    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 23, 
2023.
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    For details regarding the events that occurred subsequent to the 
initiation of the review, see the Preliminary Decision Memorandum.\7\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included in the appendix to this notice. The Preliminary 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://

[[Page 51290]]

access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the 2021-2022 Administrative Review of the Antidumping 
Duty Order on Oil Country Tubular Goods from Ukraine,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise under review is certain OCTG from Ukraine, which 
are hollow steel products of circular cross-section, including oil well 
casing and tubing, of iron (other than cast 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 
the Order also covers OCTG coupling stock. For a full description of 
the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Constructed export price has been calculated in 
accordance with section 772 of the Act and normal value was calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying these preliminary results, see the 
Preliminary Decision Memorandum.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period July 1, 2021, through June 
30, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                  Producer and/or exporter                     dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Interpipe Europe S.A./Interpipe Ukraine LLC/PJSC Interpipe         4.89
 Niznedneprovsky Tube Rolling Plant/LLC Interpipe Niko Tube
 (collectively, Interpipe).................................
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Disclosure and Public Comment

    Commerce will disclose calculations performed for these preliminary 
results to the parties within five days of the date of publication of 
this notice, in accordance with 19 CFR 351.224(b). Case briefs, or 
other written comments, may be submitted to the Assistant Secretary for 
Enforcement and Compliance through ACCESS. Pursuant to 19 CFR 
351.309(c), interested parties may submit case briefs no later than 30 
days after the date of publication of this notice.\8\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the date for filing case briefs.\9\ Parties who submit 
case or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) a statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities. Case and rebuttal 
briefs should be filed using ACCESS \10\ and must be served on 
interested parties.\11\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\12\
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    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect)'').
    \10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
    \11\ See 19 CFR 351.303(f).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, within 30 days of the date of publication of this notice. 
Requests should contain: (1) the party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a date and time to be 
determined.\13\ Parties should confirm the date, time, and location of 
the hearing two days before the scheduled date. Commerce intends to 
issue the final results of this administrative review, which will 
include the results of our analysis of all issues raised in the case 
and rebuttal briefs, within 120 days of publication of these 
preliminary results in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act, unless extended.
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    \13\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon issuing the final results of this review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\14\ If the weighted-average dumping margin for Interpipe (i.e., 
the sole individually-examined respondent in this review) is not zero 
or de minimis (i.e., greater than or equal to 0.5 percent) in the final 
results of this review, we will calculate importer-specific ad valorem 
assessment rates for the merchandise based on the ratio of the total 
amount of dumping calculated for the examined sales made during the POR 
to each importer and the total entered value of those same sales, in 
accordance with 19 CFR 351.212(b)(1). Where an importer-specific ad 
valorem assessment rate is zero or de minimis in the final results of 
the review, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.\15\ If Interpipe's weighted-
average dumping margin is zero or de minimis in the final results of 
the review, we will instruct CBP not to assess duties on any of its 
entries in accordance with the Final Modification for Reviews, i.e., 
``{w{time} here the weighted-average margin of dumping for the exporter 
is determined to be zero or de minimis, no antidumping duties will be 
assessed.'' \16\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ See 19 CFR 351.106(c)(2).
    \16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Interpipe 
for which the producer did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate those entries at 
the all-others rate (i.e., 7.47 percent) \17\ if there is no rate for 
the intermediate company (or companies) involved in the 
transaction.\18\
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    \17\ See Order, 84 FR at 33919.
    \18\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or

[[Page 51291]]

withdrawn from warehouse, for consumption on or after the publication 
date of the final results of this administrative review, as provided by 
section 751(a)(2)(C) of the Act: (1) the cash deposit rate for 
Interpipe will be equal to the weighted-average dumping margin 
established in the final results of this administrative review, except 
if the rate is less than 0.50 percent and, therefore, de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for previously reviewed or investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate published for the most recently completed 
segment of this proceeding in which the company participated; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
in the less-than-fair-value investigation (LTFV) but the producer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be the all-others rate of 7.47 percent, the 
rate established in the LTFV investigation of this proceeding.\19\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \19\ See Order, 84 FR at 33919.
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Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h)(2) and 351.221(b)(4).

    Dated: July 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Treatment of Duties Under Section 232 of the Trade Expansion Act 
of 1962
VI. Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2023-16579 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P