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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
15, 2021, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on November 26, 2021, which is the first business day after ten calendar days from the initial comment deadline.10
Commerce requests that any factual information that parties consider relevant to the scope of these investigations be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of these investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of each of the concurrent AD and CVD investigations.
Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliances Antidumping Duty and Countervailing Duty Centralized Electronic Service System ACCESS, unless an exception applies.11 An electronically filed document must be received successfully in its entirety by the time and date on which it is due.

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Comments on Product Characteristics Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of OCTG to be reported in response to Commerces AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant costs of production accurately, as well as to develop appropriate product-comparison criteria.
Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics.
10 The deadline for rebuttal comments falls on November 25, 2021, which is a Federal holiday.
Commerces practice dictates that where a deadline falls on a weekend or Federal holiday, the appropriate deadline is the next business day in this instance, November 26, 2021. 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 Notice of Clarification.
11 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 July 6, 2011; see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 November 20, 2014 for details of Commerces electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https access.trade.gov/
help.aspx and a handbook can be found at https
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.

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Specifically, they may provide comments as to which characteristics are appropriate to use as: 1 General product characteristics; and 2 product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products.
In other words, although there may be some physical product characteristics utilized by manufacturers to describe OCTG, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products.
Generally, Commerce attempts to list the most important physical characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on November 15, 2021, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on November 26, 2021, which is the first business day after 10
calendar days from the initial comment deadline.12 All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of each of the LTFV investigations.
Determination of Industry Support for the Petitions Section 732b1 of the Act requires that a petition be filed on behalf of the domestic industry. Section 732c4A
of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: i At least 25
percent of the total production of the domestic like product; and ii more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732c4D
of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, 12 The deadline for rebuttal comments falls on November 25, 2021, which is a Federal holiday.
Commerces practice dictates that where a deadline falls on a weekend or Federal holiday, the appropriate deadline is the next business day in this instance, November 26, 2021. See Notice of Clarification.

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Commerce shall: i Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph A; or ii determine industry support using a statistically valid sampling method to poll the industry.
Section 7714A of the Act defines the industry as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission ITC, which is responsible for determining whether the domestic industry has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,13 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerces determination is subject to limitations of time and information.
Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.14
Section 77110 of the Act defines the domestic like product as a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title. Thus, the reference point from which the domestic like product analysis begins is the article subject to an investigation i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition.
With regard to the domestic like product, the petitioners do not offer a definition of the domestic like product distinct from the scope of the investigations.15 Based on our analysis of the information submitted on the record, we have determined that OCTG, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.16
13 See
section 77110 of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 CIT 2001 citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 CIT 1988, affd 865 F. 2d 240 Fed. Cir. 1989.
15 See Petitions at Volume I at 2022 and Exhibits I11, I13, I14, and I18.
16 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Country-Specific Checklists, Antidumping Duty Investigation Initiation Checklists: Oil Country Tubular Goods from Argentina, Mexico, and the Russian Federation, dated concurrently with this Federal Register notice and on file electronically via 14 See
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