Oil Country Tubular Goods From Ukraine: Preliminary Results of the First Five-Year Sunset Review of the Antidumping Duty Order
| Published date | 30 September 2019 |
| Citation | 84 FR 51510 |
| Record Number | 2019-21149 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 84 Issue 189 (Monday, September 30, 2019)
[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Notices]
[Pages 51510-51511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21149]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-815]
Oil Country Tubular Goods From Ukraine: Preliminary Results of
the First Five-Year Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 4, 2019, the Department of Commerce (Commerce)
initiated the first sunset review of the antidumping duty (AD) order on
oil country tubular goods (OCTG) from Ukraine. Commerce determined that
it was appropriate to conduct a full review. Commerce preliminarily
finds that revocation of this AD order would be likely to lead to
continuation or recurrence of dumping at the levels indicated in the
``Preliminary Results of Review'' section of this notice.
DATES: Applicable September 30, 2019.
FOR FURTHER INFORMATION CONTACT: Lauren Caserta or Mark Hoadley, 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) 482-4737 or (202) 482-3148,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2019, Commerce initiated the sunset review of the
agreement suspending the AD investigation on OCTG from Ukraine,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\1\ Subsequent to the initiation of the sunset review, the
suspension agreement on OCTG from Ukraine was terminated and an AD
order was issued, effective July 10, 2019.\2\ As section 751(c) of the
Act provides for sunset reviews of an AD order or a notice of a
suspended investigation, Commerce concludes that continuing the sunset
review of the Order despite the termination of the suspension agreement
is contemplated by the Act.
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\1\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 25741
(June 4, 2019); see also Suspension of Antidumping Investigation:
Certain Oil Country Tubular Goods From Ukraine, 79 FR 41959 (July
18, 2014).
\2\ 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).
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Commerce received notices of intent to participate from Benteler
Steel/Tube (Benteler), Boomerang Tube, LLC (Boomerang), IPSCO Tubulars,
Inc. (IPSCO), Vallourec Star, LP (Vallourec), Welded Tube USA Inc.
(Welded Tube USA), Maverick Tube Corporation (Maverick), Tenaris Bay
City, Inc. (Tenaris Bay), and the United States Steel Corporation (U.S.
Steel) (collectively, the domestic interested parties), and Interpipe
and North American Interpipe, Inc. (collectively, Interpipe) within the
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Commerce received
substantive responses from the domestic interested parties \4\ and
Interpipe \5\ within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). On July 8, 2019, we received rebuttal comments from
the domestic interested parties within the deadline specified in 19 CFR
351.218(d)(4).\6\ In addition, on July 8, 2019, the GOU's Ministry of
Economic Development and Trade placed comments on the record concerning
the initiation of the sunset review of the suspended investigation
[[Page 51511]]
on OCTG from Ukraine.\7\ On July 29, 2019, Commerce notified the U.S.
International Trade Commission (ITC) that it received an adequate
substantive response from the respondent interested party.\8\
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\3\ See Benteler, Boomerang, IPSCO, Vallourec, and Welded Tube
USA's Letter, ``Oil Country Tubular Goods from Ukraine: Notice of
Intent to Participate,'' dated June 13, 2019; see also Maverick and
Tenaris Bay's Letter, ``Notice of Intent to Participate in First
Sunset Review of the Agreement Suspending the Antidumping Duty
Investigation on Oil Country Tubular Goods from Ukraine,'' dated
June 17, 2019; and U.S. Steel's Letter, ``Five-Year (``Sunset'')
Review of Agreement Suspending the Antidumping Duty Investigation on
Oil Country Tubular Goods from Ukraine: Notice of Intent to
Participate,'' dated June 19, 2019. Responses from the domestic
interested parties and Interpipe were filed prior to the termination
of the suspension agreement, and thus reference the suspension
agreement rather than the Order.
\4\ See Domestic interested parties' Letter, ``Oil Country
Tubular Goods from Ukraine: Substantive Response of the Domestic
Industry to Commerce's Notice of Initiation of Five-Year
(``Sunset'') Reviews,'' dated July 3, 2019.
\5\ See Interpipe's Letter, ``Sunset Review of the Antidumping
Duty Suspension Agreement on Certain Oil Country Tubular Goods from
Ukraine: Substantive Response to Notice of Initiation,'' July 3,
2019.
\6\ See Domestic interested parties's Letter, ``Oil Country
Tubular Goods from Ukraine: Rebuttal to the Substantive Response of
Interpipe and North American Interpipe to Commerce's Notice of
Initiation of Five-Year (``Sunset'') Reviews,'' dated July 8, 2019.
\7\ See Letter from the GOU, ``Certain Oil Country Tubular Goods
from Ukraine, case No. A-823-815: Comments of Ukraine,'' dated July
8, 2019 (GOU Comments).
\8\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1,
2019,'' dated July 29, 2019.
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Scope of the Order
The merchandise subject to this Order is certain oil country
tubular goods (OCTG) from Ukraine, 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 this 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 this 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 this 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
product coverage is dispositive.
Analysis of Comments Received
All issues raised for the preliminary results of this sunset review
are addressed in the Preliminary Decision Memorandum.\9\ The issues
discussed in the Preliminary Decision Memorandum are the likelihood of
continuation or recurrence of dumping, and the magnitude of the margins
of dumping likely to prevail if this Order were revoked.\10\ 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
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 on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
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\9\ See Memorandum, ``Preliminary Decision Memorandum for the
First Sunset Review of the Antidumping Duty Order on Oil Country
Tubular Goods from Ukraine'' (Preliminary Decision Memorandum),
dated concurrently with and hereby adopted by this notice.
\10\ Id.
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Preliminary Results of Review
Pursuant to sections 752(c) of the Act, we determine that
revocation of the AD order on OCTG from Ukraine would be likely to lead
to continuation or recurrence of dumping at weighted average margins of
7.47 percent.
Interested parties may submit case briefs no later than 30 days
after the date of publication of the preliminary results of this full
sunset review, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal
briefs, which must be limited to issues raised in the case briefs, may
be filed no later than five days after the time limit for filing case
briefs in accordance with 19 CFR 351.309(d). Any interested party may
request a hearing within 30 days of publication of this notice in
accordance with 19 CFR 351.310(c). A hearing, if requested, will
ordinarily be held two days after the date the rebuttal briefs are due.
Commerce will issue a notice of final results of this full sunset
review, which will include the results of its analysis of issues raised
in any such comments, no later than January 30, 2020.
This five-year (sunset) review and notice are in accordance with
sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR
351.218(f)(1).
Dated: September 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
V. Discussion of the Issues
A. Legal Framework
B. Analysis
VI. Recommendation
[FR Doc. 2019-21149 Filed 9-27-19; 8:45 am]
BILLING CODE 3510-DS-P
