[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Page 38867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10052]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-815]
Oil Country Tubular Goods From Ukraine: Notice of Amended Final
Results of Antidumping Duty Administrative Review Pursuant to
Settlement
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is issuing these
amended final results pursuant to a settlement agreement with Interpipe
Ukraine LLC and North American Interpipe Inc. with respect to the final
results of the administrative review of oil country tubular goods
(OCTG) from Ukraine during the period of review (POR) July 10, 2019,
through June 30, 2020.
DATES: Applicable May 8, 2024.
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 February 10, 2022, the Department of Commerce (Commerce)
published the final results of its administrative review of the
antidumping duty order on OCTG from Ukraine.\1\ The POR is July 10,
2019 through June 30, 2020.
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\1\ See Oil Country Tubular Goods from Ukraine: Final Results of
Antidumping Duty Administrative Review; 2019-2020, 87 FR 7801
(February 10, 2022) (Final Results).
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The administrative review covers Interpipe,\2\ a producer and
exporter of OCTG from Ukraine to the United States. In the Final
Results, Commerce assigned to Interpipe a weighted-average dumping
margin of 27.80 percent for the POR.\3\
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\2\ Commerce has previously determined that Interpipe Europe
S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky Tube
Rolling Plant; and LLC Interpipe Niko Tube are affiliated and
treated as a single entity (i.e., Interpipe).
\3\ See Final Results at 87 FR 7801.
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Following the publication of the Final Results, Interpipe filed a
lawsuit with the U.S. Court of International Trade (CIT) challenging
certain aspects of Commerce's Final Results including Commerce's
decision not to grant a constructed export price offset to Interpipe
and Commerce's decision to include Section 232 duties in the U.S. price
when calculating the margin.
On April 30, 2024, the United States and Interpipe entered into an
agreement to settle this dispute. Pursuant to the terms of settlement
and the stipulation for entry of judgment, the amended final weighted-
average dumping margin for Interpipe is 0.01 percent. The CIT issued
its order of judgment by stipulation on May 2, 2024.\4\
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\4\ See Interpipe Ukraine LLC and North America Interpipe, Inc.
v. United States, Court No. 22-00066, Doc. No. 36 (May 2, 2024).
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Assessment Rates
Consistent with the settlement agreement and May 2, 2024, order of
judgment by stipulation, Commerce will instruct U.S. Customs and Border
Protection (CBP) to liquidate all unliquidated entries of OCTG from
Ukraine produced and exported by Interpipe, and entered, or withdrawn
from warehouse, for consumption in the United States during the POR at
the importer-specific per-unit assessment rates determined by setting
Interpipe's weighted-average dumping margin at 0.01 percent (de
minimis). Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR 351.212(b)(1), Commerce has
determined, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with these revised final results of review.\5\ For
Interpipe, we will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of antidumping duties calculated
for each importer's examined sales and the total entered value of the
sales, in accordance with 19 CFR 351.212(b)(1). Because Interpipe's
weighted average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\5\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Interpipe for which it
did not know that the merchandise was destined for the United States,
we will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.\6\
Cash Deposit Requirements
Because Interpipe has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to CBP.
This notice will not affect the current cash deposit rate for
Interpipe.
Notification to Interested Parties
We are issuing this determination and publishing these amended
final results and notice in accordance with section 516a(e) of the Act.
Dated: May 2, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-10052 Filed 5-7-24; 8:45 am]
BILLING CODE 3510-DS-P