Federal Register - July 2, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.3 The Issues and 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 Issues and Decision Memorandum can be accessed directly at http enforcement.trade.gov/
frn/.
Period of Investigation The period of investigation is January 1, 2019, through December 31, 2019.
Scope of the Investigation The product covered by this investigation is seamless pipe from Russia. For a complete description of the scope of this investigation, see Appendix I.
Scope Comments We did not receive comments from interested parties on the Preliminary Scope Decision Memorandum.4 As discussed in Preliminary Scope Decision Memorandum, Commerce modified the scope language as it appeared in the Initiation Notice to clarify certain exclusions. See the scope in Appendix I.
Verification
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Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation.
However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782i of the Act.5
Federation: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 85 FR 80007 December 11, 2020
Preliminary Determination, and accompanying PDM.
3 See Memorandum, Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Russian Federation, dated concurrently with this determination Issues and Decision Memorandum.
4 See Commerces Memorandum, Preliminary Scope Memorandum, dated December 11, 2020
Preliminary Scope Memorandum.
5 See Commerces Letter, Countervailing Duty Investigation of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Russian
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Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A
list of the issues raised by parties is attached to this notice at Appendix II.
Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an authority that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.
In making this final determination, Commerce is relying, in part, on facts otherwise available, including adverse facts available AFA, pursuant to sections 776a and b of the Act. For a full discussion of our application of AFA, see the Preliminary Determination and the section Use of Facts Otherwise Available and Adverse Inferences in the accompanying Issues and Decision Memorandum.7
Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, as well as additional information collected in questionnaires issued subsequent to the Preliminary Determination, we made certain changes to the countervailable subsidy rate calculation for TMK. For a discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate Section 705c5A of the Act provides that in the final determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates Federation: In Lieu of Verification Questionnaire, dated March 29, 2021.
6 See sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.
7 See Preliminary Determination PDM at Use of Facts Available, with Adverse Inferences; see also Issues and Decision Memorandum at Use of Facts Available, and Adverse Inferences.
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based entirely under section 776 of the Act.
In this investigation, Commerce calculated an individual estimated countervailable subsidy rate for TMK, the only individually examined exporter/producer, which is not zero, de minimis, or based entirely on facts otherwise available.8 Accordingly, we have assigned the estimated countervailable subsidy rate calculated for TMK to all other producers and exporters, pursuant to section 705c5Ai of the Act.
Final Determination Commerce determines that the following countervailable subsidy rates exist:
Company PAO TMK/Volzhsky Pipe Plant Joint Stock Company 9
All Others
Subsidy rate percent 48.38
48.38
Disclosure Commerce intends to disclose to interested parties its calculations and analysis performed in this final determination within five days of its public announcement, or if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224b.
Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to sections 703d1B and d2 of the Act, we instructed U.S. Customs and Border Protection CBP to suspend liquidation of entries of subject merchandise from Russia that were entered, or withdrawn from warehouse, for consumption, effective December 11, 2020, which is the date of publication of the Preliminary Determination in the Federal Register.
In accordance with section 703d of the Act, effective April 10, 2021, we instructed CBP to discontinue the suspension of liquidation of all entries at that time, but to continue the suspension of liquidation of all entries 8 See
Preliminary Determination, 85 FR at 80025.
discussed in the PDM Commerce has found the following companies to be cross-owned with PAO TMK and Volzhsky Pipe Plant Joint Stock Company: Sinarsky Pipe Plant; Taganrog Metallurgical Plant Joint Stock Company; Sinarsky Pipe Plant Joint Stock Company; Seversky Pipe Plant Joint Stock Company; TMK CHERMET LLC;
TMK CHERMET LLC Volzhsky; TMK CHERMET
LLC Ekaterinburg; TMK CHERMET LLC Rostov;
TMK CHERMET LLC Saratov; and TMK CHERMET
LLC Service.
9 As
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