[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Pages 64872-64874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17636]


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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; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that oil country tubular goods (OCTG) from Ukraine were sold in the 
United States at less than normal value during the period of review 
(POR), July 1, 2022, through June 30, 2023. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable August 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 July 16, 2019, Commerce published the antidumping duty order on 
OCTG from Ukraine.\1\ On July 3, 2023, Commerce published in the 
Federal Register a notice of opportunity to request an administrative 
review of the Order for the POR.\2\ Pursuant to section 751(a)(1) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b)(1), 
Commerce received timely requests to conduct an administrative review 
of the Order with respect to Interpipe from Borusan Mannesmann Pipe 
U.S., Inc. and Welded Tube USA, Inc (collectively, the domestic 
interested parties); and Interpipe.\3\ On September 11, 2023, Commerce 
initiated an administrative review of the Order.\4\ This review covers 
the sole mandatory respondent, Interpipe.\5\ On March 21, 2024, we 
extended the deadline for these preliminary results until no later than 
July 30, 2024.\6\ On July 22, 2024,
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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 and Join Annual Inquiry Service List, 88 FR 42693 (July 3, 
2023).
    \3\ See Domestic Interested Parties' Letter, ``Request for 
Administrative Review,'' dated July 31, 2023; and Interpipe's 
Letter, ``Request for Review--2022-2023,'' dated July 31, 2023.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 62323, 62333 (September 11, 2023).
    \5\ The following companies are a single entity: Interpipe 
Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky 
Tube Rolling Plant; LLC Interpipe Niko Tube (collectively, 
Interpipe). See Oil Country Tubular Goods from Ukraine: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR 
51289 (August 3, 2023), and accompanying Preliminary Decision 
Memorandum unchanged in Oil Country Tubular Goods from Ukraine: 
Final Results of Antidumping Duty Administrative Review; 2021-2022, 
88 FR 88362 (December 21, 2023), and accompanying Issues and 
Decision Memorandum.
    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 21, 
2024.

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[[Page 64873]]

Commerce tolled certain deadlines in this administrative proceeding by 
seven days.\7\ The deadline for these preliminary results is now August 
6, 2024.
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    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\8\ 
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://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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    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Oil Country 
Tubular Goods from Ukraine; 2022-2023,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order \9\
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    \9\ See Order, 84 FR at 33919.
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    The merchandise subject to the Order is certain OCTG from Ukraine. 
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 estimated 
weighted-average dumping margin exists for the period July 1, 2022, 
through June 30, 2023:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                Producer and/or exporter                      margin
                                                            (percent)
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Interpipe Europe S.A./Interpipe Ukraine LLC/PJSC                   1.39
 Interpipe Niznedneprovsky Tube Rolling Plant/LLC
 Interpipe Niko Tube (collectively, Interpipe).........
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Disclosure and Public Comment

    Commerce intends to disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).
    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to Commerce no later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed not later than five days after the 
date for filing case briefs.\10\ Interested parties who submit case 
briefs or rebuttal briefs in this proceeding must submit: (1) a table 
of contents listing each issue; (2) a brief summary of the argument; 
and (3) a table of authorities.\11\ Case and rebuttal briefs should be 
filed using ACCESS \12\ and must be served on interested parties.\13\
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    \10\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ Id.; see also 19 CFR 351.303 (for general filing 
requirements).
    \13\ See 19 CFR 351.303(f).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\14\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\15\
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    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. 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 briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\16\ If the weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent), then Commerce will calculate 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for each importer's 
examined sales to 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. 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

[[Page 64874]]

determined to be zero or de minimis, no antidumping duties will be 
assessed.'' \17\
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    \16\ See 19 CFR 351.212(b).
    \17\ 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) \18\ if there is no rate for 
the intermediate company (or companies) involved in the 
transaction.\19\
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    \18\ See Order, 84 FR at 33919.
    \19\ 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 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.\20\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \20\ See Order, 84 FR at 33919.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a preliminary 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 review period. 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

    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act, and 19 CFR 351.213(h)(2) and 351.221(b)(4).

    Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

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. Currency Conversion
VI. Recommendation

[FR Doc. 2024-17636 Filed 8-7-24; 8:45 am]
BILLING CODE 3510-DS-P