[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43522-43523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16912]



[[Page 43522]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-815]


Oil Country Tubular Goods From Ukraine: Preliminary Results of 
Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producer/exporter Interpipe sold subject merchandise in the United 
State at prices below normal value during the July 10, 2019, through 
June 30, 2020 period of review (POR). We invite interested parties to 
comment on these preliminary results.

DATES: Applicable August 9, 2021.

FOR FURTHER INFORMATION CONTACT: Lauren Caserta, 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.

SUPPLEMENTARY INFORMATION:

Background

    On July 16, 2019, Commerce published the antidumping duty (AD) 
order on oil country tubular goods (OCTG) from Ukraine in the Federal 
Register.\1\ On December 8, 2020, pursuant to section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act), Commerce initiated an AD 
administrative review of the Order.\2\ During the course of this 
administrative review, Interpipe \3\ responded to Commerce's AD 
questionnaire and supplemental questionnaires. On February 11, 2021, 
Commerce extended the deadline for issuing the preliminary results of 
this review.\4\ For further details, see the Preliminary Decision 
Memorandum.\5\
---------------------------------------------------------------------------

    \1\ 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 78990 (December 8, 2020).
    \3\ As stated in our Preliminary Decision Memorandum, Commerce 
continues to treat Interpipe Europe S.A.; Interpipe Ukraine LLC; 
PJSC Interpipe Niznedneprovsky Tube Rolling Pipe (aka Interpipe 
NTRP); and LLC Interpipe Niko Tube as a single entity. See 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Administrative Review: Oil Country Tubular Goods 
from Ukraine, 2019-2020,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
    \4\ See Memorandum, ``Oil Country Tubular Goods from Ukraine: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review, 2019-2020,'' dated February 11, 2021.
    \5\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this Order is certain OCTG from Ukraine. For 
a full description of the scope, see the Preliminary Decision 
Memorandum.\6\
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Constructed export price has been calculated in 
accordance with section 772 of the Act and normal value was calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying these preliminary results, see the 
Preliminary Decision Memorandum. A list of the topics discussed in the 
Preliminary Decision Memorandum is attached 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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.

Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period July 10, 2019, through 
June 30, 2020:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Interpipe Europe S.A./Interpipe Ukraine LLC/PJSC Interpipe         30.19
 Niznedneprovsky Tube Rolling Plant (aka Interpipe NTRP)/
 LLC Interpipe Niko Tube...................................
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in these 
preliminary results to parties in this proceeding within five days of 
the date of publication of this notice.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed no later than seven days after the date for filing case 
briefs.\8\ Parties who submit case or rebuttal briefs in this 
proceeding are requested to submit with each argument: (1) A statement 
if the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\9\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS \10\ and must be served on interested parties.\11\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020) (Temporary Rule).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See generally 19 CFR 351.303.
    \11\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    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. Requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a time and date to be determined.\12\ Parties should confirm the date, 
time, and location of the hearing by telephone two days before the 
scheduled date.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All hearing requests must be filed electronically using ACCESS.\13\ 
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 in the Federal Register.\14\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\15\
---------------------------------------------------------------------------

    \13\ See generally 19 CFR 351.303.
    \14\ See 19 CFR 351.310(c).
    \15\ See Temporary Rule.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, pursuant to section 
751(a)(2)(A) of the Act, Commerce shall determine, 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. If the weighted-average dumping margin for 
Interpipe (i.e., the sole individually-examined respondent in this 
review) is

[[Page 43523]]

not zero or de minimis (i.e., greater than or equal to 0.5 percent) in 
the final results of this review, we will calculate importer-specific 
ad valorem assessment rates for the merchandise based on the ratio of 
the total amount of dumping calculated for the examined sales made 
during the POR to each importer and the total entered value of those 
same sales, in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific ad valorem assessment rate is zero or de minimis in the final 
results of the review, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\16\ If a 
respondent's weighted-average dumping margin is zero or de minimis in 
the final results of the review, we will instruct CBP not to assess 
duties on any of its entries in accordance with the Final Modification 
for Reviews, i.e., ``{w{time} here the weighted-average margin of 
dumping for the exporter is determined to be zero or de minimis, no 
antidumping duties will be assessed.'' \17\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.106(c)(2).
    \17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by 
Interpipe for which the producer did not know its merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediated company (or companies) involved in the transaction.\18\
---------------------------------------------------------------------------

    \18\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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).

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 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 Interpipe will 
be equal to the weighted-average dumping margin established in the 
final results of this administrative review, except if the rate is less 
than 0.50 percent, and therefore de minimis within the meaning of 19 
CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for previously reviewed or investigated companies not listed above, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, a prior review, or in the investigation but the 
producer is, then the cash deposit rate will be the rate established 
for the most recently completed segment of this proceeding for the 
producer of the merchandise; and (4) the cash deposit rate for all 
other producers or exporters will continue to be the all-others rate of 
7.47 percent, the rate established in the investigation of this 
proceeding.\19\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \19\ See Order, 84 FR at 33919.
---------------------------------------------------------------------------

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice 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

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: August 2, 2021.
Christian Marsh,
Acting 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. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-16912 Filed 8-6-21; 8:45 am]
BILLING CODE 3510-DS-P