Federal Register - November 1, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices result in the investigation being terminated with respect to that country.46 Otherwise, these LTFV
investigations will proceed according to statutory and regulatory time limits.
lotter on DSK11XQN23PROD with NOTICES1
Submission of Factual Information Factual information is defined in 19
CFR 351.102b21 as: i Evidence submitted in response to questionnaires;
ii evidence submitted in support of allegations; iii publicly available information to value factors under 19
CFR 351.408c or to measure the adequacy of remuneration under 19 CFR
351.511a2; iv evidence placed on the record by Commerce; and v evidence other than factual information described in iiv. Section 351.301b of Commerces regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102b21 the information is being submitted 47 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.48 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations.
Particular Market Situation Allegation Section 773e of the Act addresses the concept of particular market situation PMS for purposes of CV, stating that if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology. When an interested party submits a PMS allegation pursuant to section 773e of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301c2v.
If Commerce finds that a PMS exists under section 773e of the Act, then it will modify its dumping calculations appropriately.
Neither section 773e of the Act, nor 19 CFR 351.301c2v, set a deadline for the submission of PMS allegations 46 Id.
47 See
19 CFR 351.301b.
48 See 19 CFR 351.301b2.
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and supporting factual information.
However, in order to administer section 773e of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773e of the Act, it must do so no later than 20 days after submission of a respondents initial section D
questionnaire response.
Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR
351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301.
For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline including a specified time by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimelyfiled requests for the extension of time limits. Parties should review Commerces regulations concerning factual information prior to submitting factual information in these investigations.49
Certification Requirements Any party submitting factual information in an AD or CVD
proceeding must certify to the accuracy and completeness of that information.50
Parties must use the certification formats provided in 19 CFR
351.303g.51 Commerce intends to reject factual submissions if the submitting party does not comply with 49 See 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 September 20, 2013, available at http www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
50 See section 782b of the Act.
51 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 July 17, 2013 Final Rule. Answers to frequently asked questions regarding the Final Rule are available at http enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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the applicable certification requirements.
Notification to Interested Parties Interested parties must submit applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these investigations should ensure that they meet the requirements of 19 CFR
351.103d e.g., by the filing a letter of appearance as discussed. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.52
This notice is issued and published pursuant to sections 732c2 and 777i of the Act, and 19 CFR 351.203c.
Dated: October 26, 2021.
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 Scope of the Investigations The merchandise covered by the investigations is certain oil country tubular goods OCTG, which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron other than case iron or steel both carbon and alloy, whether seamless or welded, regardless of end finish e.g., whether or not plain end, threaded, or threaded and coupled whether or not conforming to American Petroleum Institute API or non-API specifications, whether finished including limited service OCTG products or unfinished including green tubes and limited service OCTG
products, whether or not thread protectors are attached. The scope of the investigations also covers OCTG coupling stock.
Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by performing any heat treatment, cutting, upsetting, threading, coupling, or any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the OCTG.
Excluded from the scope of the investigations are: casing or tubing containing 10.5 percent or more by weight of chromium; drill pipe; unattached couplings;
and unattached thread protectors.
The merchandise subject to these investigations is currently classified in the Harmonized Tariff Schedule of the United States HTSUS under item numbers:
7304.29.1010, 7304.29.1020, 7304.29.1030, 7304.29.1040, 7304.29.1050, 7304.29.1060, 7304.29.1080, 7304.29.2010, 7304.29.2020, 7304.29.2030, 7304.29.2040, 7304.29.2050, 52 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020.
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