[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)
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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