[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44280-44281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15853]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-857]
Certain Oil Country Tubular Goods From India: Preliminary
Determination of No Shipments in the Antidumping Duty Administrative
Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Jindal SAW, Ltd. (JSL), the sole company for which a review was
requested, made no shipments of certain oil country tubular goods
(OCTG) from India during the period of review (POR) from September 1,
2018 through August 31, 2019. We invite interested parties to comment
on these preliminary results.
DATES: Applicable July 22, 2020.
FOR FURTHER INFORMATION CONTACT: Kathryn Turlo, 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) 482-3870.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2019, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty (AD) order on OCTG from India.\1\ On September 30,
2019, Maverick Tube Corporation, Tenaris Bay City, Inc., TMK IPSCO,
Vallourec Star, L.P., Welded Tube USA, and United States Steel
Corporation (collectively, the domestic interested parties) timely
requested that Commerce conduct an administrative review of JSL.\2\ We
received no other requests for review. On November 12, 2019, Commerce
published in the Federal Register a notice of initiation of an
administrative review of the Order with respect to JSL, in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 84 FR 45949, 45950 (September 3, 2019); see also Certain Oil
Country Tubular Goods from India, the Republic of Korea, Taiwan, the
Republic of Turkey, and the Socialist Republic of Vietnam:
Antidumping Duty Orders; and Certain Oil Country Tubular Goods from
the Socialist Republic of Vietnam: Amended Final Determination of
Sales at Less Than Fair Value, 79 FR 53691 (September 10, 2014)
(Order).
\2\ See Domestic Interested Parties' Letter, ``Oil Country
Tubular Goods from India: Request for Administrative Review,'' dated
September 30, 2019.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011, 61013 (November 12, 2019).
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On April 1, 2020, Commerce issued its initial AD questionnaire to
JSL,\4\ and on April 20, 2020, JSL notified Commerce that it had no
sales, shipments, or entries of subject merchandise during the POR.\5\
On May 28, 2020, Commerce issued a no shipment inquiry to U.S. Customs
and Border Protection (CBP) to corroborate JSL's claim.\6\ On June 9,
2020, Commerce notified all interested parties that CBP found no
evidence of shipments of subject merchandise produced and/or exported
by JSL during the POR and established a period for comments regarding
CBP's findings.\7\ No parties submitted comments concerning CBP's
findings.
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\4\ See Commerce's Initial AD Questionnaire, dated April 1,
2020.
\5\ See JSL's Letter, ``Oil Country Tubular Goods from India:
Statement of no sales, entries or shipment of subject merchandise
during the Period of Review,'' dated April 20, 2020 (JSL No Shipment
Letter).
\6\ See Customs Instructions Message 0149406, dated May 28,
2020.
\7\ See Memorandum, ``Certain Oil Country Tubular Goods from
India: Results of No Shipment Inquiry and Deadline for Comment
Period,'' dated June 9, 2020.
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Scope of the Order
The merchandise covered by the Order is OCTG, 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.
Excluded from the scope of the Order are: casing or tubing
containing 10.5 percent or more by weight of chromium; drill pipe;
unattached couplings; and unattached thread protectors.
The merchandise subject to the Order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
The merchandise subject to the Order may also enter under the
following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
order is dispositive.
Preliminary Determination of No Shipments
Because JSL timely filed a statement reporting that they made no
shipments of subject merchandise to the United States during the POR,
and we were able to confirm this claim with CBP, we preliminarily
determine that JSL had no shipments of subject merchandise during the
POR.\8\ Consistent with Commerce's practice, we are not preliminarily
rescinding the review
[[Page 44281]]
with respect to JSL but, rather, will complete the review and issue
appropriate instructions to CBP based on the final results.\9\
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\8\ Id.; see also JSL No Shipment Letter.
\9\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306
(August 28, 2014).
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Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\10\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than five days after the date for filing case briefs.\11\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs 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.
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\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d).
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Case and rebuttal briefs must be filed electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) and must also be served
on interested parties.\12\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\13\ ACCESS is available
to registered users at http://access.trade.gov. An electronically filed
document must be received successfully in its entirety by 5:00 p.m.
Eastern Time on the date that the document is due.
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\12\ See 19 CFR 351.303.
\13\ 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 must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of the date of publication of this
notice.\14\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. 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.\15\ Parties should confirm the
date, time, and location of the hearing two days before the scheduled
date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\16\
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\16\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
If we continue to find, in the final results, that JSL had no
shipments of subject merchandise, for entries of subject merchandise
during the POR produced by JSL for which the company did not know that
the merchandise was destined for the United States, we will instruct
CBP to liquidate these entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\17\
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\17\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue appropriate assessment instructions to
CBP 15 days after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective 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 JSL will remain
unchanged from the rate assigned to them in the most recently completed
segment for the company; \18\ (2) for merchandise exported by
manufacturers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently-completed
segment; (3) if the exporter is not a firm covered in a prior review,
or the original investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recently
completed segment for the manufacturer of the merchandise; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be zero percent, the all-others cash deposit rate
established in the less-than-fair-value investigation.\19\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\18\ See Order, 79 FR at 53694 n17.
\19\ See Order, 79 FR at 53694 n.17.
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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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4).
Dated: July 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-15853 Filed 7-21-20; 8:45 am]
BILLING CODE 3510-DS-P