81 FR 71071 - Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 199 (October 14, 2016)

In response to a request from SEAH Steel VINA Corporation (SSV), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty (AD) order on certain oil country tubular goods (OCTG) from the Socialist Republic of Vietnam (Vietnam) for the period (POR) February 25, 2014, through August 31, 2015. The Department preliminarily determines that SSV did not sell subject merchandise in the United States at prices below normal value (NV) during the period of review (POR). Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71071-71074]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24797]


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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: In response to a request from SEAH Steel VINA Corporation 
(SSV), the Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty (AD) order on certain oil 
country tubular goods (OCTG) from the Socialist Republic of Vietnam 
(Vietnam) for the period (POR) February 25, 2014, through August 31, 
2015. The Department preliminarily determines that SSV did not sell 
subject merchandise in the United States at prices below normal value 
(NV) during the period of review (POR). Interested parties are invited 
to comment on these preliminary results.

DATES: Effective October 14, 2016.

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 9, 2015, the Department initiated an administrative 
review of the

[[Page 71072]]

antidumping order \1\ on OCTG from Vietnam.\2\ Between November 2015 
and June 2016, the Department sent AD questionnaires and supplemental 
questionnaires to SSV, to which SSV responded in a timely manner. As 
explained in the memorandum from the Acting Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll all administrative deadlines due to the recent closure of the 
Federal Government.\3\ Accordingly, all deadlines in this segment of 
the proceeding have been extended by four business days. On June 6, 
2016, the Department partially extended the deadline for issuing the 
preliminary results until September 21, 2016.\4\ On September 20, 2016, 
the Department fully extended the deadline for issuing the preliminary 
results until October 5, 2016.\5\
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    \1\ 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) and 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 69193 (November 9, 2015) (Initiation 
Notice).
    \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas,'' dated January 27, 2016.
    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, ``Oil 
Country Tubular Goods from Vietnam: Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated June 6, 2016.
    \5\ See Memorandum to Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, ``Oil 
Country Tubular Goods from Vietnam: Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated September 20, 2016.
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Scope of the Order

    The merchandise covered by the order is certain oil country tubular 
goods (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.\6\
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    \6\ See Memorandum from Christian Marsh to Ronald K. Lorentzen, 
``Certain Oil Country Tubular Goods from the Socialist Republic of 
Vietnam: Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review,'' dated October 5, 2016 
(Preliminary Decision Memorandum).
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Methodology

    The Department 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. 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 Department 
of 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.

Application of Separate Rates in NME Proceedings

    In the Initiation Notice, the Department notified parties of the 
application process by which exporters may obtain separate rate status 
in an NME proceeding.\7\ It is the Department'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, the 
Department analyzes each exporting entity in an NME country under the 
test established in Sparklers,\8\ as further developed by Silicon 
Carbide.\9\ However, if the Department 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.\10\
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    \7\ See Initiation Notice.
    \8\ 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'').
    \9\ 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'').
    \10\ 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

    The Department's policy regarding conditional review of the 
Vietnam-wide entity applies to this administrative review.\11\ Under 
this policy, the

[[Page 71073]]

Vietnam-wide entity will not be under review unless a party 
specifically requests, or the Department 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) \12\ is not subject to change.
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    \11\ 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).
    \12\ See Amended Final Determination, FR 79 at 53694.
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists for the period February 25, 
2014, through August 31, 2015:

------------------------------------------------------------------------
                                                             Weighted-
                        Exporter                          average margin
                                                             (percent)
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SeAH Steel VINA Corporation.............................            0.00
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Disclosure, Public Comment, and Opportunity To Request a Hearing

    The Department 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 five days 
after the time limit for filing case briefs.\14\ 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.\15\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\16\
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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).
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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: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. 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, the Department 
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.\17\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \17\ See 19 CFR 351.310(d).
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    The Department 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, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\18\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
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    \18\ See 19 CFR 351.212(b).
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    For assessment purposes, the Department applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation of 
the Weighted-Average Dumping Margin and Assessment Rate in Certain 
Antidumping Proceedings: Final Modification.\19\ 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, the 
Department 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, the Department 
will instruct CBP to collect the appropriate duties at the time of 
liquidation.\20\ 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, the Department will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\21\
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    \19\ 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) in 
the manner described in more detail in the Preliminary Decision 
Memorandum.
    \20\ See 19 CFR 351.212(b)(1).
    \21\ 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 the 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 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 existing exporter-specific rate; (3) for all Vietnamese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
Vietnamese-wide entity; 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. 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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
    a. Non-Market Economy Country Status
    b. Separate Rates
    c. Vietnam-Wide Entity
    d. Surrogate Country

[[Page 71074]]

    e. Comparisons to Normal Value
    f. Determination of Comparison Method
    g. Results of Differential Pricing Analysis
    h. Date of Sale
    i. U.S. Price
    j. Normal Value
    k. Factor Valuations
    l. Currency Conversion
5. Recommendation

[FR Doc. 2016-24797 Filed 10-13-16; 8:45 am]
 BILLING CODE 3510-DS-P