Federal Register - November 1, 2021
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Fuente: Federal Register
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices In determining whether the petitioners have standing under section 732c4A of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the Scope of the Investigations, in the appendix to this notice. To establish industry support, the petitioners provided the 2020 production of OCTG
for the U.S. producers that support the Petitions.17 The petitioners estimated the 2020 production by non-petitioning companies using shipment data available for the entire OCTG industry and publicly available information on production and domestic shipments from the ITCs 2020 report from the sunset review of OCTG from India, Korea, Turkey, Ukraine, and the Socialist Republic of Vietnam.18 The petitioners estimated the total 2020
production of the domestic like product for the entire industry by adding their production to the estimated production of the non-petitioning producers.19 We relied on data provided by the petitioners for purposes of measuring industry support.20
On October 8, 15, and 20, 2021, we received comments on industry support from Tenaris Bay City, Inc., IPSCO
Tubulars Inc., Maverick Tube Corporation, and Tenaris Global Services U.S.A. Corporation collectively, Tenaris USA, U.S.
producers of OCTG.21 On October 18,
2021, the petitioners responded to the comments from Tenaris USA.22 On October 21, 2021, the Government of Russia GOR raised industry support comments during the consultations held regarding the Russia CVD Petition.23 On October 21, 2021, we received comments from TMK Group TMK, a Russian producer and exporter of OCTG.24 On October 22, 2021, Tenaris USA filed its fourth submission with Commerce and formally indicated that it opposes the Petitions.25 Also on October 22, 2021, the petitioners responded to TMKs comments.26
Based on the information provided in the Petitions, the First General Issues Supplement, Petitioners Letter, the Second General Issues Supplement, Petitioners Letter II, and other information readily available to Commerce, we determine that the domestic producers and workers have met the statutory criteria for industry support under section 732c4Ai of the Act because the domestic producers or workers who support the Petitions account for at least 25 percent of the total production of the domestic like product.27 Because the Petitions and supplemental submissions did not establish support from domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce was required to take further action in order to evaluate industry
ACCESS Country-Specific AD Initiation Checklists at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Oil Country Tubular Goods from Argentina, Mexico, the Republic of Korea, and the Russian Federation Attachment II.
17 See Petitions at Volume I at Exhibits I1 and I3; see also First General Issues Supplement at 4
and Exhibits 4 and 8; and Second General Issues Supplement at Exhibits 35.
18 See Petitions at Volume I at Exhibits I1 and I2; see also First General Issues Supplement at 6
10 and Exhibit 1 containing Oil Country Tubular Goods from India, Korea, Turkey, Ukraine, and Vietnam, Inv. No. 701TA499500 and 731TA
12151216, 12211223 Review, USITC Pub. 5090
July 2020 OCTG Review and Exhibit 8
containing OCTG Review at Table III5; and Second General Issues Supplement at Exhibit 5.
19 See First General Issues Supplement at 7 and Exhibit 8; see also Second General Issues Supplement at Exhibit 5.
20 See Petitions at Volume I at Exhibits I1 and I2; see also First General Issues Supplement at 3
10 and Exhibits 1, 4, 5, and 8; and Second General Issues Supplement at 12 and Exhibits 25.
21 See Tenaris USAs Letters, Oil Country Tubular Goods from Argentina, Mexico, the Republic of Korea, and Russia: Factual Errors in Petitions, dated October 8, 2021; Oil Country Tubular Goods from Argentina, Mexico, the Republic of Korea, and Russia: Comments on Petitioners Standing, dated October 15, 2021; and Oil Country Tubular Goods from Mexico: Reply Comments on Petitioners Standing, dated October 20, 2021. In addition, on October 21, 2021, Commerce met via video conference with counsel
to Tenaris USA to discuss its industry support comments. See Memorandum, Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Oil Country Tubular Goods from Argentina, Mexico, the Republic of Korea, and the Russian Federation, dated October 21, 2021.
22 See Petitioners Letter, Oil Country Tubular Goods from Argentina, Mexico, Russia, and the Republic of Korea: Response to Tenaris Submission Concerning Petitioners Standing, dated October 18, 2021 Petitioners Letter.
23 See Memorandum, Countervailing Duty Petition on Oil Country Tubular Goods from the Russian Federation: Consultations with Officials from the Government of the Russian Federation, dated October 21, 2021; see also GOR Letter, Re:
Countervailing Duty Investigation of Certain Oil Country Tubular Goods from the Russian Federation: Consultations, dated October 25, 2021.
24 See TMKs Letter, Oil Country Tubular Goods from Russia: Comments on Petitioners Standing, dated October 21, 2021.
25 See Tenaris USAs Letter, Oil Country Tubular Goods from Argentina, Mexico, the Republic of Korea, and Russia: Comments on Petitioners Second General Issues Questionnaire Response, dated October 22, 2021. We note that, though Tenaris USA opposes the Petitions, it has not provided any production data for Commerce to include in the industry support calculation. See Country-Specific AD Initiation Checklists at Attachment II at footnote 47.
26 See Petitioners Letter, Oil Country Tubular Goods from Russia: Response to TMKs Comments on Petitioners Standing, dated October 22, 2021
Petitioners Letter II.
27 See Country-Specific AD Initiation Checklists at Attachment II.
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support.28 In this case, Commerce was able to rely on other information, in accordance with section 732c4Di of the Act, to determine industry support.29 Based on information provided in the Petitions, the First General Issues Supplement, Petitioners Letter, the Second General Issues Supplement, Petitioners Letter II, and other information readily available to Commerce, the domestic producers and workers have met the statutory criteria for industry support under section 732c4Aii of the Act because the domestic producers or workers who support the Petitions account for 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 Petitions.30 We note that, even if all other U.S. producers of OCTG oppose the Petitions including Tenaris USA, the supporters of the Petitions would still have the requisite level of industry support pursuant to section 732c4Aii of the Act.31
Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 732b1 of the Act.32
Allegations and Evidence of Material Injury and Causation The petitioners allege that the U.S.
industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 77124A of the Act.33
The petitioners contend that the industrys injured condition is illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price suppression; lost sales and revenues; declines in production, U.S.
shipments, and capacity utilization;
decline in employment; and adverse impact on the domestic industrys financial performance.34 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as 28 See
section 732c4D of the Act.
Country-Specific AD Initiation Checklists at Attachment II.
30 Id.
31 Id.
32 Id.
33 See Petitions at Volume I at 28 and Exhibit I
22.
34 Id. at 12, 2848 and Exhibits I1, I5, I6, I
8, I9, I11, I13, I14, I20, I22 through I34; see also First General Issues Supplement at 10.
29 See
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