[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7358-7361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01799]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-817]
Certain Oil Country Tubular Goods From the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain oil country tubular goods (OCTG) from the Socialist
Republic of Vietnam were not sold in the United States at less than
normal value (NV) during the period of review (POR) September 1, 2018
through August 31, 2019. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable January 28, 2021.
FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2924.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2019, Commerce initiated an administrative review
of the antidumping duty order on OCTG from Vietnam.\1\ The review
covers SeAH Steel VINA Corporation (SeAH VINA) and its U.S. affiliate
Pusan Pipe America, Inc. (Pusan Pipe) (collectively, SSV).\2\ On April
24, 2020, Commerce
[[Page 7359]]
tolled all deadlines in administrative reviews by 50 days.\3\ On July
21, 2020, Commerce extended the deadline for these preliminary results
by 120 days, in accordance with section 751 (a)(3)(A) of the Act, and
19 CFR 351.213(h)(2). On July 22, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days, thereby extending
the deadline for these preliminary results until January 19, 2021.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019) (Initiation
Notice).
\2\ Pusan Pipe is the importer of record for all of SeAH VINA's
shipments of subject merchandise to the United States during the
POR. See SSV December 13, 2019 Section A Questionnaire Response at
1.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 22, 2020.
Commerce's practice dictates that, where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005). Therefore, because the fully extended deadline would normally
be January 17, 2021, but that date is a Sunday, and January 18,
2021, is a federal holiday, the current deadline is Tuesday, January
19, 2021.
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For a full description of events that have occurred since the
Initiation Notice, see the Preliminary Decision Memorandum.\5\ A list
of topics included in the Preliminary Decision Memorandum is included
as an 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
http://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
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\5\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is certain OCTG. 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.
While the HTSUS subheadings above are provided for convenience and
customs purposes, the written description is dispositive. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.
Methodology
Commerce conducted this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended
(the Act). Constructed export prices have been calculated in accordance
with section 772(b) of the Act. Because Vietnam is a non-market economy
(NME) within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Application of Separate Rates in NME Proceedings
In the Initiation Notice, Commerce notified parties of the
application process by which exporters may obtain separate rate status
in an NME proceeding.\6\ It is Commerce's policy to assign all
exporters of the merchandise subject to review in NME countries a
single rate unless an exporter can affirmatively demonstrate an absence
of government control, both in law (de jure) and in fact (de facto),
with respect to exports. To establish whether a company is sufficiently
independent to be entitled to a separate, company-specific rate,
Commerce analyzes each exporting entity in an NME country under the
test established in Sparklers,\7\ as further developed by Silicon
Carbide.\8\ However, if Commerce determines that a company is wholly
foreign-owned, then an analysis of the de jure and de facto criteria is
not necessary to determine whether it is independent from government
control.\9\ For these Preliminary Results, Commerce determines that the
evidence placed on the record of this review by SSV demonstrates an
absence of de jure and de facto government control. We have received no
other separate rate applications.
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\6\ See Initiation Notice.
\7\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991) (Sparklers).
\8\ See Notice of Final Determination of Sales at Less Than Fair
Value: Silicon Carbide from the People's Republic Of China, 59 FR
22585 (May 2, 1994) (Silicon Carbide).
\9\ See, e.g., Final Results of Antidumping Duty Administrative
Review: Petroleum Wax Candles from the People's Republic of China,
72 FR 52355, 52356 (September 13, 2007).
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Vietnam-Wide Entity
Commerce's policy regarding conditional review of the Vietnam-wide
entity applies to this administrative review.\10\ Under this policy,
the Vietnam-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the Vietnam-wide entity
in this review, the entity is not under review and the entity's rate
(i.e., 111.47 percent) \11\ is not subject to change.
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\11\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Social
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); see also Certain Oil Country Tubular
Goods from India, the Republic of Korea, Taiwan, the Republic of
Turkey, and the Socialist Republic of Vietnam: Notice of Correction
to the Antidumping Duty Orders With Respect to Turkey and the
Socialist Republic of Vietnam, 79 FR 59740 (October 3, 2014).
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[[Page 7360]]
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period September 1, 2018 through
August 31, 2019:
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\12\ Commerce initiated a review of both SSV and Pusan Pipe, but
the record shows that Pusan Pipe is a U.S. importer of OCTG that is
affiliated with SSV and does not produce OCTG. See SSV's December
13, 2019 Section A Questionnaire Response at 1. Therefore, we have
not calculated a rate for Pusan Pipe.
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Weighted-
average
Exporter margin
(percent)
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SeAH Steel VINA Corporation \12\........................... 0.00
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in issuing its final results of
review. Normally, Commerce verifies information using standard
procedures, including an on-site examination of original accounting,
financial, and sales documentation. However, due to current travel
restrictions in response to the global COVID-19 pandemic, Commerce is
unable to conduct on-site verification in this review. Accordingly, we
intend to verify the information relied upon in issuing the final
results through alternative means in lieu of an on-site verification.
Disclosure, Public Comment and Opportunity To Request a Hearing
Commerce will disclose the calculations used in our analysis to
parties in this review within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b). Interested parties
may submit case briefs within 30 days after the date of publication of
these preliminary results of review in the Federal Register.\13\
Rebuttals to case briefs, which must be limited to issues raised in the
case briefs, may be filed within seven days after the time limit for
filing case briefs.\14\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2)
parties who submit case briefs or rebuttal briefs in this review are
requested to submit with each argument: (a) A statement of the issue,
(b) a brief summary of the argument, and (c) a table of
authorities.\15\ Parties submitting briefs should do so pursuant to
Commerce's electronic filing system, ACCESS.\16\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information.\17\
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\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d)(1)-(2).
\15\ See 19 CFR 351.309(c)(2), (d)(2).
\16\ See 19 CFR 351.303 (for general filing requirements).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 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 within 30 days of the date of
publication of this notice. Requests should contain the party's name,
address and telephone number, the number of participants, whether any
participant is a foreign national and a list of the 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.\18\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\18\ See 19 CFR 351.310(d).
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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 briefs, within 120 days of publication of these
preliminary results in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\19\ 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).
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\19\ See 19 CFR 351.212(b).
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For assessment purposes, Commerce applied the assessment rate
calculation method adopted in Antidumping Final Modification.\20\ For
any individually examined respondent whose weighted average dumping
margin is above de minimis (i.e., 0.50 percent) in the final results of
this review, Commerce will calculate importer-specific assessment rates
on the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of sales, in
accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-)
specific ad valorem rate is greater than de minimis, Commerce will
instruct CBP to collect the appropriate duties at the time of
liquidation.\21\ Where either a respondent's weighted average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
ad valorem is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\22\
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\20\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Antidumping Final Modification) in the manner described in more
detail in the Preliminary Decision Memorandum.
\21\ See 19 CFR 351.212(b)(1).
\22\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from Vietnam entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously examined Vietnamese and non-Vietnamese exporters not listed
above that at the time of entry are eligible for a separate rate based
on a prior completed segment of this proceeding, the cash deposit rate
will continue to be the existing exporter-specific cash deposit rate;
(3) for all Vietnamese exporters of subject merchandise that have not
been found to be entitled to a separate rate at the time of entry, the
cash deposit rate will be that for the Vietnamese-wide entity; and (4)
for all non-Vietnamese exporters of subject merchandise that at the
time of entry are not eligible for a separate rate, the cash deposit
rate will be the rate applicable to the Vietnamese exporter that
supplied that non-Vietnamese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
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
[[Page 7361]]
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the 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
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: January 19, 2021.
Jeffrey I. Kessler,
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. Currency Conversion
VI. Recommendation
[FR Doc. 2021-01799 Filed 1-27-21; 8:45 am]
BILLING CODE 3510-DS-P