[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41820-41821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16474]



[[Page 41820]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-817]


Certain Oil Country Tubular Goods From the Social Republic of 
Vietnam: Final Results of Antidumping Duty Administrative Review; 2018-
2019

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

SUMMARY: The Department of Commerce (Commerce) finds that exporters of 
oil country tubular goods (OCTG) from the Socialist Republic of Vietnam 
(Vietnam) did not sell subject merchandise in the United States at 
prices below normal value during the period of review (POR) September 
1, 2018, through August 31, 2019.

DATES: Applicable August 3, 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

    Commerce is conducting an administrative review of the antidumping 
duty order on OCTG from Vietnam in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act). On January 28, 2021, 
Commerce published the Preliminary Results of this administrative 
review.\1\ On March 10, 2021, we received case briefs from Maverick 
Tube Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars, Inc. (the 
petitioners) and from SeAH Steel VINA Corporation SeAH VINA and Pusan 
Pipe America, Inc. (Pusan Pipe) (collectively, SSV).\2\ On March 17, 
2021, the petitioners and SSV submitted rebuttal briefs.\3\ On May 18, 
2021, we extended the deadline for the final results of review until 
July 27, 2021.\4\
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    \1\ See Certain Oil Country Tubular Goods from the Socialist 
Republic of Vietnam: Preliminary Results of Antidumping Duty 
Administrative Review, 86 FR 7358 (January 28, 2021) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ See Petitioners' Letter, ``Oil Country Tubular Goods from 
the Socialist Republic of Vietnam: Case Brief of Maverick Tube 
Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc.,'' 
dated March 10, 2021; SSV's Case Brief, ``Administrative Review of 
the Antidumping Duty Order on Certain Oil Country Tubular Goods from 
Vietnam--Case Brief of SeAH Steel VINA Corporation and Pusan Pipe 
America, Inc.,'' dated March 10, 2021.
    \3\ See Petitioners' Letter, ``Oil Country Tubular Goods from 
the Socialist Republic of Vietnam: Rebuttal Brief of Maverick Tube 
Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc.,'' 
dated March 17, 2021; SSV Rebuttal Brief, ``Administrative Review of 
the Antidumping Duty Order on Certain Oil Country Tubular Goods from 
Vietnam--Rebuttal Brief of SeAH Steel VINA Corporation and Pusan 
Pipe America, Inc.,'' dated March 17, 2021.
    \4\ See Memorandum, ``Oil Country Tubular Goods from the 
Socialist Republic of Vietnam: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated May 18, 
2021.
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    For a complete description of the events that followed the 
Preliminary Results of this administrative review, see the Issues and 
Decision Memorandum, dated concurrently with these final results and 
hereby adopted by this notice.\5\ The Issues and 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 Issues 
and Decision Memorandum can be accessed directly on the internet at 
http://enforcement.trade.gov/frn/index.html.
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    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Oil Country Tubular Goods from the 
Socialist Republic of Vietnam,'' dated concurrently with this notice 
(Issues and Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order is OCTG from Vietnam. For a 
full description of the merchandise covered by the scope of the 
antidumping duty order on OCTG from Vietnam, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
filed by interested parties in the Issues and Decision Memorandum. 
Attached to this notice as an appendix is a list of the issues which 
parties raised.

Verification

    Commerce was unable to conduct an on-site verification of the 
information relied upon in reaching these final results of review as 
provided for in section 782(i)(3) of the Act. Accordingly, in lieu of 
an on-site verification, we requested additional documentation and 
information from SSV.\6\
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    \6\ See Commerce's Letter, dated February 19, 2021; see also 
SSV's Letter, ``Administrative Review of the Antidumping Duty Order 
on Oil Country Tubular Goods from Vietnam--Response to the 
Department's February 19 In Lieu of Verification Questionnaire,'' 
dated February 26, 2021.
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Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the margin calculation. For a discussion of the issues, see 
the Issues and Decision Memorandum.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period September 1, 2018, through August 31, 
2019:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
SeAH Steel VINA Corporation \7\.........................            0.00
------------------------------------------------------------------------

Disclosure
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    \7\ Commerce initiated a review of both SeAH VINA and Pusan 
Pipe, but the record shows that Pusan Pipe is a U.S. importer of 
OCTG that is affiliated with SeAH VINA and does not produce or 
export OCTG. See SSV's Letter, ``Administrative Review of the 
Antidumping Duty Order on Certain Oil Country Tubular Goods from 
Vietnam--Response to the Department's November 15 Questionnaire,'' 
dated December 13, 2019 at 1. Therefore, we have not calculated a 
rate for Pusan Pipe.
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    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    Consistent with Commerce's assessment practice in non-market 
economy cases, for entries that were not reported in the U.S. sales 
database submitted by companies individually examined during the 
administrative review, Commerce will instruct CBP to liquidate such 
entries at the Vietnam-wide rate. Additionally, if Commerce determines 
that an exporter under review had no shipments of subject merchandise, 
any suspended entries that entered under the exporter's case number 
(i.e., at that exporter's rate) will be liquidated at the Vietnam-wide 
rate.\8\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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    Consistent with its recent notice,\9\ Commerce intends to issue 
assessment

[[Page 41821]]

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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    \9\ See Notice of Discontinuation Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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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 from Vietnam entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For SeAH VINA, a 
zero cash deposit rate; (2) for previously investigated or reviewed 
Vietnamese and non-Vietnamese exporters not listed above that received 
a separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most-recently completed segment of this proceeding in which the 
exporter was reviewed; (3) for all Vietnamese exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the rate established for the 
Vietnam-wide entity, which is 111.47 percent; \10\ and (4) for all non-
Vietnamese exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the Vietnamese exporter that supplied that non-Vietnamese exporter with 
the subject merchandise. These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \10\ See 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).
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Notification to Importers

    This notice serves as a final 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Adverse Facts Available
    Comment 2: Surrogate Country
    Comment 3: Financial Statements
    Comment 4: Brokerage and Handling
    Comment 5: Inland Freight
    Comment 6: Differential Pricing
    Comment 7: Water
    Comment 8: Section 232 Duties
    Comment 9: Ministerial Errors
VI. Recommendation

[FR Doc. 2021-16474 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P