Federal Register - January 28, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices tolled all deadlines in administrative reviews by 50 days.3 On July 21, 2020, Commerce extended the deadline for these preliminary results by 120 days, in accordance with section 751 a3A of the Act, and 19 CFR 351.213h2. On July 22, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days, thereby extending the deadline for these preliminary results until January 19, 2021.4
For a full description of events that have occurred since the Initiation Notice, see the Preliminary Decision Memorandum.5 A list of topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at http
access.trade.gov. 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.
Scope of the Order The merchandise covered by the order is certain 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, 3 See Memorandum, Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID19, dated April 24, 2020.
4 See Memorandum, Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews, dated July 22, 2020.
Commerces practice dictates that, where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of Next Business Day Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 May 10, 2005.
Therefore, because the fully extended deadline would normally be January 17, 2021, but that date is a Sunday, and January 18, 2021, is a federal holiday, the current deadline is Tuesday, January 19, 2021.
5 See Memorandum, Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
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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.
Methodology Commerce conducted this review in accordance with sections 751a1B
and 751a2A of the Tariff Act of 1930, as amended the Act. Constructed export prices have been calculated in accordance with section 772b of the Act. Because Vietnam is a non-market economy NME within the meaning of section 77118 of the Act, NV has been calculated in accordance with section 773c of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.
Application of Separate Rates in NME
Proceedings In the Initiation Notice, Commerce notified parties of the application process by which exporters may obtain
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separate rate status in an NME
proceeding.6 It is Commerces 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, companyspecific rate, Commerce analyzes each exporting entity in an NME country under the test established in Sparklers,7
as further developed by Silicon Carbide.8 However, if Commerce 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.9
For these Preliminary Results, Commerce determines that the evidence placed on the record of this review by SSV demonstrates an absence of de jure and de facto government control. We have received no other separate rate applications.
Vietnam-Wide Entity Commerces policy regarding conditional review of the Vietnam-wide entity applies to this administrative review.10 Under this policy, the Vietnam-wide entity will not be under review unless a party specifically requests, or Commerce 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 entitys rate i.e., 111.47 percent 11 is not subject to change.
6 See
Initiation Notice.
Final Determination of Sales at Less Than Fair Value: Sparklers from the Peoples Republic of China, 56 FR 20588 May 6, 1991 Sparklers.
8 See Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the Peoples Republic Of China, 59 FR 22585 May 2, 1994 Silicon Carbide.
9 See, e.g., Final Results of Antidumping Duty Administrative Review: Petroleum Wax Candles from the Peoples Republic of China, 72 FR 52355, 52356 September 13, 2007.
10 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.
11 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; see also 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 7 See
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Continued
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