Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review
| Citation | 84 FR 62504 |
| Record Number | 2019-24764 |
| Published date | 15 November 2019 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 84 Issue 221 (Friday, November 15, 2019)
[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Notices]
[Pages 62504-62506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24764]
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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 (Vietnam) are being sold in the United States at
less than normal value (NV) during the period of review (POR) September
1, 2017 through October 31, 2018. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable November 15, 2019.
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 15, 2018, Commerce initiated an administrative review
of the antidumping order on OCTG from Vietnam.\1\ The review covers
SeAH Steel VINA Corporation (SSV) and its U.S. affiliate Pusan Pipe
America, Inc. (PPA).\2\ Commerce exercised its discretion to toll all
deadlines affected by the partial federal government closure from
December 22, 2018 through the resumption of operations on January 29,
2019.\3\ Commerce extended the deadline for the preliminary results
until November 8, 2019.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018) (Initiation
Notice).
\2\ PPA is the importer of record for all of SSV's shipments of
subject merchandise to the United States during the POR. See SSV
December 19, 2018 Section A Questionnaire Response at 1.
\3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
\4\ See Memoranda, ``Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Review,''
dated July 2, 2019; and ``Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Review,''
dated October 9, 2019.
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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, and is available to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. 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,
[[Page 62505]]
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\
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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 the Socialist
Republic of Vietnam: Amended Final Determination of Sales at Less
Than Fair Value, 79 FR 53691, 53694 (September 10, 2014).
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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period September 1, 2017 through
August 31, 2018:
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Weighted-
Exporter average margin
(percent)
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SeAH Steel VINA Corporation/Pusan Pipe America, Inc..... 1.78
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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.\12\
Rebuttals to case briefs, which must be limited to issues raised in the
case briefs, may be filed within five days after the time limit for
filing case briefs.\13\ Parties who submit arguments are requested to
submit with the argument: (a) A statement of the issue, (b) a brief
summary of the argument, and (c) a table of authorities.\14\ Parties
submitting briefs should do so pursuant to Commerce's electronic filing
system, ACCESS.\15\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1)-(2); see also 19 CFR 351.303 (for
general filing requirements).
\14\ See 19 CFR 351.309(c)(2), (d)(2).
\15\ See 19 CFR 351.303 (for general filing requirements).
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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 the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date
and time to be determined.\16\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\16\ 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, unless extended.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\17\ Commerce
intends to issue assessment instructions to CBP 15 days after the
publication date of the final results of this review.
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\17\ See 19 CFR 351.212(b).
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For assessment purposes, Commerce applied the assessment rate
calculation method adopted in the Antidumping Final Modification.\18\
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
[[Page 62506]]
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.\19\ 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.\20\
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\18\ 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.
\19\ See 19 CFR 351.212(b)(1).
\20\ 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
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: November 7, 2019.
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. Duty Absorption
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2019-24764 Filed 11-14-19; 8:45 am]
BILLING CODE 3510-DS-P
