82_FR_32816 82 FR 32681 - Amendment to the Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods From Ukraine

82 FR 32681 - Amendment to the Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods From Ukraine

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 135 (July 17, 2017)

Page Range32681-32682
FR Document2017-14953

The Department of Commerce (the Department) and a representative of the Ukrainian signatory producer/exporter of certain oil country tubular goods (OCTG) from Ukraine, Interpipe, have signed an amendment to the Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods from Ukraine (Agreement). The amendment to the Agreement extends the Agreement for one additional year, specifying that the Agreement shall terminate four years after the effective date of the original agreement, on July 10, 2018.

Federal Register, Volume 82 Issue 135 (Monday, July 17, 2017) 
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32681-32682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14953]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-815]


Amendment to the Agreement Suspending the Antidumping Duty 
Investigation on Certain Oil Country Tubular Goods From Ukraine

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


DATES: Applicable July 10, 2017.

SUMMARY: The Department of Commerce (the Department) and a 
representative of the Ukrainian signatory producer/exporter of certain 
oil country tubular goods (OCTG) from Ukraine, Interpipe, have signed 
an amendment to the Agreement Suspending the Antidumping Duty 
Investigation on Certain Oil Country Tubular Goods from Ukraine 
(Agreement). The amendment to the Agreement extends the Agreement for 
one additional year, specifying that the Agreement shall terminate four 
years after the effective date of the original agreement, on July 10, 
2018.

FOR FURTHER INFORMATION CONTACT: Sally Craig Gannon or David Cordell at 
(202) 482-0162 or (202) 482-0408, respectively; Bilateral Agreements 
Unit, Office of Policy, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    As signed on July 10, 2014, Section H of the Agreement stated that, 
``{t{time} his Agreement shall terminate three years after the 
effective date of this Agreement, on July 10, 2017.'' \1\ On December 
9, 2016, the Ukrainian signatory producer/exporter Interpipe \2\ 
requested that the Agreement be extended by five years, to July 10, 
2022.\3\ On December 22, 2016, the Department invited interested 
parties to comment on the extension request.\4\ On January 13, 2017, 
the Petitioners \5\ filed a letter in opposition to the request to 
extend the Agreement.\6\ On May 19, 2017, the Department informed 
Interpipe that it was denying Interpipe's request to extend the 
Agreement by five years.\7\ The Department stated that it had reviewed 
Interpipe's request and the comments received from interested parties 
and that it intended to follow the current terms of the Agreement by 
proceeding to issue an antidumping duty order on July 10, 2017.
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    \1\ See Suspension of Antidumping Investigation: Certain Oil 
Country Tubular Goods from Ukraine, 79 FR 41959 (July 18, 2014).
    \2\ Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe 
NiznedneprovskyTube Rolling Plant (aka Interpipe NTRP); LLC 
Interpipe Niko Tube; North American Interpipe, Inc. (collectively 
Interpipe).
    \3\ See Letter from Interpipe, entitled ``Antidumping Duty 
Suspension Agreement on Certain Oil Country Tubular Goods from 
Ukraine: Request to Extend the Suspension Agreement'' (December 9, 
2016).
    \4\ See Memorandum to all interested parties inviting comments 
on the extension request (December 22, 2016).
    \5\ Maverick Tube Corporation, United States Steel Corporation, 
Energex Tube, TMK IPSCO, and Welded Tube USA Inc. (collectively, 
Petitioners).
    \6\ See Letter from the Petitioners entitled ``Agreement 
Suspending the Antidumping Duty Investigation on Certain Oil Country 
Tubular Goods from Ukraine: Comments in Opposition to Interpipe's 
Request to Extend Suspension Agreement'' (January 13, 2017).
    \7\ See Letter to Deen Kaplan from Ronald K. Lorentzen, re 
``Antidumping Duty Suspension Agreement on Certain Oil Country 
Tubular Goods from Ukraine: Request to Extend the Suspension 
Agreement'' (May 19, 2017).
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    Subsequently, the Department reconsidered its decision and, on July 
10, 2017, met with counsel to the Petitioners to discuss the possible

[[Page 32682]]

extension of the Agreement.\8\ As a result of its reconsideration, the 
Department determined to grant Interpipe's request, in part, and extend 
the Agreement by one year, based on the unique facts and circumstances 
in Ukraine which have affected Interpipe's operations since the 
inception of the Agreement and are still ongoing.\9\ The Department and 
Interpipe, therefore, signed an amendment to the Agreement on July 10, 
2017, extending the Agreement by an additional one-year period such 
that the Agreement will terminate, and the Department will issue an 
antidumping duty order, on July 10, 2018.
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    \8\ See Memorandum to the File entitled ``Meeting with Counsel 
to the Petitioners'' (July 11, 2017).
    \9\ See Interpipe's submission, entitled ``Agreement Suspending 
the Antidumping Duty Investigation on Certain Oil Country Tubular 
Goods from Ukraine: Rebuttal to Petitioners' Comments in Opposition 
to Interpipe's Request to Extend the Suspension Agreement'' (January 
23, 2017) at 2-6.
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    The terms and conditions of the July 10, 2017 amendment to the 
Agreement are set forth in the Amendment to the Agreement, which is 
attached in Annex 1 to this notice.
    We are publishing this notice consistent with section 734(f)(1)(A) 
of the Tariff Act of 1930, as amended, and 19 CFR 351.208(g)(2).

    Dated: July 11, 2017.
Gary Taverman,
 Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Annex 1: Amendment to the Agreement Suspending the Antidumping Duty 
Investigation on Certain Oil Country Tubular Goods (OCTG) From Ukraine

Amendment to the Agreement Suspending the Antidumping Duty 
Investigation on Certain Oil Country Tubular Goods From Ukraine

    The United States Department of Commerce (the Department) and 
the producers/exporters of Certain Oil Country Tubular Goods from 
Ukraine that are signatories to the Agreement Suspending the 
Antidumping Duty Investigation on Certain Oil Country Tubular Goods 
from Ukraine (Agreement), signed on July 10, 2014, hereby amend 
Section H of the Agreement, as follows:
    The first sentence of Section H is amended as follows (changes 
in italics):

(H) Termination or Withdrawal

    This Agreement shall terminate four years after the effective 
date of this Agreement, on July 10, 2018.
    All other provisions of the Agreement, as amended, continue with 
full force.

    Signed on July 10, 2017, in Washington, DC by

Gary Taverman,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Deen Kaplan,
Counsel for Interpipe Europe S.A.; Interpipe Ukraine, LLC; PJSC 
Interpipe NiznedneprovskyTube Rolling Plant (aka Interpipe NTRP); 
LLC Interpipe Niko Tube; North American Interpipe, Inc.

[FR Doc. 2017-14953 Filed 7-14-17; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices 32681 Background 10. Jinko Solar Import and Export Co., Ltd. date of the original agreement, on July List of Comments from Interested Parties 11. JinkoSolar International Limited 10, 2018. Scope of the Order 12. JinkoSolar (U.S.) Inc. FOR FURTHER INFORMATION CONTACT: Correction to the Preliminary Results 13. Lixian Yingli New Energy Resources Co., Changes Since the Preliminary Results Ltd. Sally Craig Gannon or David Cordell at Partial Rescission of Administrative Review 14. Shanghai JA Solar Technology Co., Ltd. (202) 482–0162 or (202) 482–0408, Non-Selected Companies Under Review 15. Tianjin Yingli New Energy Resources Co., respectively; Bilateral Agreements Unit, Subsidies Valuation Information Ltd. Office of Policy, Enforcement and Allocation Period 16. Yingli Energy (China) Co., Ltd. Compliance, International Trade Attribution of Subsidies 17. Yingli Green Energy Holding Company Administration, U.S. Department of Denominators Limited Commerce, 1401 Constitution Avenue Creditworthiness 18. Yingli Green Energy International NW., Washington, DC 20230. Benchmarks and Discount Rates Trading Company Limited Use of Facts Otherwise Available and SUPPLEMENTARY INFORMATION: 19. Zhejiang Jinko Solar Co., Ltd. Adverse Inferences 20. Zhejiang Sunflower Light Energy Science Background Programs Determined To Be Countervailable & Technology Liability Company Programs Determined To Be not As signed on July 10, 2014, Section H Countervailable During the POR Appendix III of the Agreement stated that, ‘‘{t}his Programs Determined Not To Be Used or Not List of Non-Selected Companies Under Agreement shall terminate three years To Confer Measurable Benefits Review after the effective date of this Analysis of Comments Agreement, on July 10, 2017.’’ 1 On Comment 1: Usage of Export Buyer’s Credit 1. BYD (Shangluo) Industrial Co., Ltd. 2. Chint Solar (Zhejiang) Co., Ltd. December 9, 2016, the Ukrainian Program 3. ET Solar Energy Limited signatory producer/exporter Interpipe 2 Comment 2: Selection of the Adverse Facts Available (AFA) Rate for Export Buyer’s 4. ET Solar Industry Limited requested that the Agreement be Credit Program 5. Hangzhou Sunny Energy Science and extended by five years, to July 10, Comment 3: Whether the Aluminum Technology Co., Ltd. 2022.3 On December 22, 2016, the Extrusions for Less Than Adequate 6. Jiawei Solarchina Co., Ltd. Department invited interested parties to Remuneration (LTAR) Program Is 7. Jiawei Solarchina (Shenzhen) Co., Ltd. comment on the extension request.4 On Specific 8. Lightway Green New Energy Co., Ltd. January 13, 2017, the Petitioners 5 filed Comment 4: Aluminum Extrusions 9. Luoyang Suntech Power Co., Ltd. a letter in opposition to the request to Benchmark 10. Ningbo Qixin Solar Electrical Appliance extend the Agreement.6 On May 19, Comment 5: Solar Glass Benchmark Co., Ltd. 11. Shanghai BYD Co., Ltd. 2017, the Department informed Comment 6: Polysilicon Benchmark Comment 7: Ocean Freight Benchmark 12. Shenzhen Topray Solar Co. Ltd. Interpipe that it was denying Interpipe’s Comment 8: Inland Freight Benchmarks 13. Systemes Versilis, Inc. request to extend the Agreement by five Comment 9: Inclusion of Value Added Tax 14. Taizhou BD Trade Co., Ltd. years.7 The Department stated that it (VAT) in LTAR Benchmarks 15. tenKsolar (Shanghai) Co., Ltd. had reviewed Interpipe’s request and Comment 10: Electricity for LTAR 16. Toenergy Technology Hangzhou Co., Ltd. the comments received from interested Comment 11: Creditworthiness 17. Wuxi Suntech Power Co., Ltd. parties and that it intended to follow the Comment 12: Whether the Department [FR Doc. 2017–14957 Filed 7–14–17; 8:45 am] current terms of the Agreement by Should Adjust the Benefit Calculation proceeding to issue an antidumping BILLING CODE 3510–DS–P for the Preferential Policy Lending Program duty order on July 10, 2017. Comment 13: Canadian Solar’s Benefit Subsequently, the Department From the Golden Sun Demonstration DEPARTMENT OF COMMERCE reconsidered its decision and, on July Program 10, 2017, met with counsel to the Comment 14: Whether the Export Credit International Trade Administration Petitioners to discuss the possible Insurance Program is Countervailable Comment 15: Clerical Errors in the [A–823–815] 1 See Suspension of Antidumping Investigation: Preliminary Results Certain Oil Country Tubular Goods from Ukraine, Recommendation Amendment to the Agreement 79 FR 41959 (July 18, 2014). Appendix—Non-Selected Companies Under Suspending the Antidumping Duty 2 Interpipe Europe S.A.; Interpipe Ukraine LLC; Review Investigation on Certain Oil Country PJSC Interpipe NiznedneprovskyTube Rolling Plant (aka Interpipe NTRP); LLC Interpipe Niko Tube; Tubular Goods From Ukraine North American Interpipe, Inc. (collectively Appendix II Interpipe). List of Companies for Which We are AGENCY: Enforcement and Compliance, 3 See Letter from Interpipe, entitled Rescinding This Administrative Review 20 International Trade Administration, ‘‘Antidumping Duty Suspension Agreement on 1. Baoding Jiasheng Photovoltaic Technology Department of Commerce. Certain Oil Country Tubular Goods from Ukraine: Request to Extend the Suspension Agreement’’ Co. Ltd. DATES: Applicable July 10, 2017. (December 9, 2016). 2. Baoding Tianwei Yingli New Energy SUMMARY: The Department of Commerce 4 See Memorandum to all interested parties Resources Co., Ltd. inviting comments on the extension request 3. Beijing Tianneng Yingli New Energy (the Department) and a representative of (December 22, 2016). Resources Co. Ltd. the Ukrainian signatory producer/ 5 Maverick Tube Corporation, United States Steel 4. ERA Solar Co. Limited exporter of certain oil country tubular Corporation, Energex Tube, TMK IPSCO, and 5. Hainan Yingli New Energy Resources Co., goods (OCTG) from Ukraine, Interpipe, Welded Tube USA Inc. (collectively, Petitioners). asabaliauskas on DSKBBXCHB2PROD with NOTICES Ltd. have signed an amendment to the 6 See Letter from the Petitioners entitled 6. Hengshui Yingli New Energy Resources Agreement Suspending the ‘‘Agreement Suspending the Antidumping Duty Co., Ltd. Investigation on Certain Oil Country Tubular Goods Antidumping Duty Investigation on from Ukraine: Comments in Opposition to 7. JA Solar Technology Yangzhou Co., Ltd. Certain Oil Country Tubular Goods from Interpipe’s Request to Extend Suspension 8. JingAo Solar Co., Ltd. 9. Jinko Solar Co., Ltd. Ukraine (Agreement). The amendment Agreement’’ (January 13, 2017). 7 See Letter to Deen Kaplan from Ronald K. to the Agreement extends the Lorentzen, re ‘‘Antidumping Duty Suspension 20 See Issues and Decision Memorandum at the Agreement for one additional year, Agreement on Certain Oil Country Tubular Goods section, ‘‘Partial Rescission of Administrative specifying that the Agreement shall from Ukraine: Request to Extend the Suspension Review.’’ terminate four years after the effective Agreement’’ (May 19, 2017). VerDate Sep<11>2014 17:45 Jul 14, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1

32682 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices extension of the Agreement.8 As a result Deputy Assistant Secretary, for Antidumping likely to prevail should the AD order be of its reconsideration, the Department and Countervailing Duty Operations, revoked. On July 5, 2017, the ITC determined to grant Interpipe’s request, performing the non-exclusive functions and published notice of its determination, duties of the Assistant Secretary for in part, and extend the Agreement by pursuant to section 751(c) of the Act, Enforcement and Compliance. one year, based on the unique facts and that revocation of the AD order on circumstances in Ukraine which have Deen Kaplan, cement and clinker from Japan would Counsel for Interpipe Europe S.A.; Interpipe affected Interpipe’s operations since the Ukraine, LLC; PJSC Interpipe likely lead to a continuation or inception of the Agreement and are still NiznedneprovskyTube Rolling Plant (aka recurrence of material injury to an ongoing.9 The Department and Interpipe NTRP); LLC Interpipe Niko Tube; industry in the United States within a Interpipe, therefore, signed an North American Interpipe, Inc. reasonably foreseeable time.3 amendment to the Agreement on July [FR Doc. 2017–14953 Filed 7–14–17; 8:45 am] Scope of the Order 10, 2017, extending the Agreement by BILLING CODE 3510–DS–P The products covered by the order are an additional one-year period such that the Agreement will terminate, and the cement and cement clinker from Japan. Department will issue an antidumping Cement is a hydraulic cement and the DEPARTMENT OF COMMERCE primary component of concrete. Cement duty order, on July 10, 2018. The terms and conditions of the July International Trade Administration clinker, an intermediate material 10, 2017 amendment to the Agreement produced when manufacturing cement, are set forth in the Amendment to the [A–588–815] has no use other than grinding into Agreement, which is attached in Annex finished cement. Microfine cement was Gray Portland Cement and Cement specifically excluded from the 1 to this notice. We are publishing this notice Clinker From Japan: Continuation of antidumping duty order. Cement is consistent with section 734(f)(1)(A) of Antidumping Duty Order currently classifiable under the the Tariff Act of 1930, as amended, and AGENCY: Enforcement and Compliance, Harmonized Tariff Schedule (HTS) item 19 CFR 351.208(g)(2). International Trade Administration, number 2523.29 and cement clinker is Dated: July 11, 2017. Department of Commerce. currently classifiable under HTS item SUMMARY: As a result of the number 2523.10. Cement has also been Gary Taverman, determination by the Department of entered under HTS item number Deputy Assistant Secretary for Antidumping Commerce (Department) and the 2523.90 as ‘‘other hydraulic cements.’’ and Countervailing Duty Operations, performing the non-exclusive functions and International Trade Commission (ITC) The HTS item numbers are provided for duties of the Assistant Secretary for that revocation of the antidumping duty convenience and customs purposes. The Enforcement and Compliance. (AD) order on gray portland cement and written product description remains cement clinker (cement and clinker) dispositive as to the scope of the Annex 1: Amendment to the Agreement product covered by the order.4 Suspending the Antidumping Duty from Japan would likely lead to Investigation on Certain Oil Country continuation or recurrence of dumping Continuation of the Order Tubular Goods (OCTG) From Ukraine and material injury to an industry in the As a result of the determinations by United States, the Department is the Department and the ITC that Amendment to the Agreement Suspending publishing a notice of continuation of revocation of the AD order would likely the Antidumping Duty Investigation on this antidumping duty order. Certain Oil Country Tubular Goods From lead to a continuation or recurrence of DATES: Applicable July 17, 2017. dumping and material injury to an Ukraine FOR FURTHER INFORMATION CONTACT: industry in the United States, pursuant The United States Department of Amanda Brings, AD/CVD Operations, Commerce (the Department) and the to section 751(d)(2) of the Act and 19 Enforcement and Compliance, CFR 351.218(a), the Department hereby producers/exporters of Certain Oil Country Tubular Goods from Ukraine that are International Trade Administration, orders the continuation of the AD order signatories to the Agreement Suspending the U.S. Department of Commerce, 1401 on cement and clinker from Japan. U.S. Antidumping Duty Investigation on Certain Constitution Avenue NW., Washington, Customs and Border Protection will Oil Country Tubular Goods from Ukraine DC 20230; telephone: (202) 482–3927. continue to collect AD cash deposits at (Agreement), signed on July 10, 2014, hereby SUPPLEMENTARY INFORMATION: the rates in effect at the time of entry for amend Section H of the Agreement, as follows: Background all imports of subject merchandise. The first sentence of Section H is amended The effective date of the continuation On November 1, 2016, the Department of the order will be the date of as follows (changes in italics): published the notice of initiation of the publication in the Federal Register of (H) Termination or Withdrawal fourth sunset review of the antidumping this notice of continuation. Pursuant to This Agreement shall terminate four years duty order on cement and clinker from section 751(c)(2) of the Act, the after the effective date of this Agreement, on Japan pursuant to section 751(c) of the July 10, 2018. Department intends to initiate the next Tariff Act of 1930, as amended (the five-year review of this order not later All other provisions of the Agreement, as amended, continue with full force. Act).1 As a result of its review, the than 30 days prior to the fifth Signed on July 10, 2017, in Washington, Department determined that revocation DC by of the AD order would likely lead to a 3 See Gray Portland Cement and Cement Clinker continuation or recurrence of dumping.2 asabaliauskas on DSKBBXCHB2PROD with NOTICES from Japan; Determination, 82 FR 31068 (July 5, Gary Taverman, 2017); see also Gray Portland Cement and Cement The Department, therefore, notified the Clinker from Japan: Investigation No. 731–TA–461 8 See Memorandum to the File entitled ‘‘Meeting ITC of the magnitude of the margins (Fourth Review), ITC Publication 4704 (June 2017). with Counsel to the Petitioners’’ (July 11, 2017). 4 The Department has made two scope rulings 9 See Interpipe’s submission, entitled ‘‘Agreement 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, regarding subject merchandise. See Scope Rulings, Suspending the Antidumping Duty Investigation on 81 FR 75808 (November 1, 2016). 57 FR 19602 (May 7, 1992) (classes G and H of oil Certain Oil Country Tubular Goods from Ukraine: 2 See Gray Portland Cement and Cement Clinker well cement are within the scope of the order), and Rebuttal to Petitioners’ Comments in Opposition to from Japan: Final Results of Expedited Fourth Scope Rulings, 58 FR 27542 (May 10, 1993) Interpipe’s Request to Extend the Suspension Sunset Review of the Antidumping Duty Order, 82 (‘‘Nittetsu Super Fine’’ cement is not within the Agreement’’ (January 23, 2017) at 2–6. FR 12561 (March 6, 2017) (Final Results). scope of the order). VerDate Sep<11>2014 17:45 Jul 14, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1


Document Created: 2017-07-15 03:46:11
Document Modified: 2017-07-15 03:46:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable July 10, 2017.
ContactSally Craig Gannon or David Cordell at (202) 482-0162 or (202) 482-0408, respectively; Bilateral Agreements Unit, Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 32681 
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