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Published Document: 2024-23488 (89 FR 82223)
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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily finds that oil country tubular goods (OCTG) from India were not sold by Surya Roshni Limited (Surya) in the United States at less than normal value (NV) during the period of review (POR) September 1, 2022, through August 31, 2023. We invite interested parties to comment on these preliminary results.
DATES:
Applicable October 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Brian Warnes, 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) 482-0028.
SUPPLEMENTARY INFORMATION:
Background
On September 10, 2014, Commerce published the antidumping duty order on OCTG from India.[1]
On September 6, 2023, Commerce published in the
Federal Register
a notice of opportunity to request an administrative review of the
Order
for the POR.[2]
Pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b)(1), Commerce received a timely request to conduct an administrative review of the
Order
from Surya.[3]
On November 15, 2023, Commerce initiated an administrative review of the
Order.[4]
This review covers the sole mandatory respondent, Surya.
On May 20, 2024, we extended the deadline for these preliminary results until no later than September 27, 2024.[5]
On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.[6]
The deadline for these preliminary results is now October 4, 2024.
For a complete description of the events that followed the initiation of this review,
see
the Preliminary Decision Memorandum.[7]
A list of topics discussed in the Preliminary Decision Memorandum is included in the 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
https://access.trade.gov/public/FRNoticesListLayout.aspx.
The merchandise subject to the
Order
is certain OCTG from India. For a full description of the scope,
see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751(a) of the Act. Export prices have been calculated in accordance with section 771 of the Act and NV 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.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated weighted-average dumping margin exists for the period September 1, 2022, through August 31, 2023:
( printed page 82224)
Producer and/or exporter
Weighted-
average
dumping margin
(percent)
Surya Roshni Limited
0.00
Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice in the
Federal Register
, in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs to Commerce no 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 not later than five days after the date for filing case briefs.[9]
Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; (2) a brief summary of the argument; and (3) a table of authorities.[10]
Case and rebuttal briefs should be filed using ACCESS [11]
and must be served on interested parties.[12]
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.[13]
Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).[14]
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, filed electronically via ACCESS. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.
Assessment Rates
Upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.[15]
If the weighted-average dumping margin is not zero or
de minimis
(
i.e.,
less than 0.5 percent), then Commerce will calculate importer-specific
ad valorem
antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for each importer's examined sales to 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. If Surya'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}here the weighted-average margin of dumping for the exporter is determined to be zero or
de minimis,
no antidumping duties will be assessed.” [16]
In accordance with Commerce's “automatic assessment” practice, for entries of subject merchandise during the POR produced by Surya for which the producer did not know its merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate (
i.e.,
5.79 percent) [17]
if there is no rate for the intermediate company (or companies) involved in the transaction.[18]
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 Surya 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 less-than-fair-value investigation (LTFV) but the producer is, 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 5.79 percent, the rate established in the LTFV investigation of this proceeding.[19]
These cash deposit requirements, when imposed, shall remain in effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of our analysis of
( printed page 82225)
issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the
Federal Register
, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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 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
These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(2) and 351.221(b)(4).
Dated: October 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Footnotes
1.
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) (
Order).
2.
See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List,88 FR 60923 (September 6, 2023).
7.
See
Memorandum, “Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Oil Country Tubular Goods from India; 2022-2023,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
9.
See 19 CFR 351.309(d);
see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,88 FR 67069, 67077 (September 29, 2023) (
APO and Service Final Rule).
16.
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).