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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00
p.m. Eastern Time ET on November 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 10 calendar days from the initial comment deadline.10
Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments 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 using 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 it is due.

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Consultations Pursuant to sections 702b4Ai and ii of the Act, Commerce notified the GOK and the GOR of the receipt of the Petitions and provided an opportunity for consultations with respect to the Petitions.12 Commerce held consultations with the GOK and 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.
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 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.
12 See Commerces Letter, Countervailing Duty Petition on Oil Country Tubular Goods from the Republic of Korea, dated October 8, 2021; and Commerces Letter, Invitation for Consultations, dated October 7, 2021.

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the GOR on October 14 and 21, 2021, respectively.13
Determination of Industry Support for the Petitions Section 702b1 of the Act requires that a petition be filed on behalf of the domestic industry. Section 702c4A
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 702c4D
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, 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,14 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.15
Section 77110 of the Act defines the domestic like product as a product 13 See Memorandum, Consultations with Government of the Republic of Korea, dated October 15, 2021; and 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.
14 See section 77110 of the Act.
15 See 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.

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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.16 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.17
In determining whether the petitioners have standing under section 702c4A 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.18 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.19 The petitioners estimated the total 2020
production of the domestic like product 16 See Petitions at Volume I at 2022 and Exhibits I11, I13, I14, and I18.
17 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Country-Specific Checklists, Countervailing Duty Investigation Initiation Checklists: Oil Country Tubular Goods from the Republic of Korea and the Russian Federation, dated concurrently with this Federal Register notice and on file electronically via ACCESS Country-Specific CVD 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.
18 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.
19 See Petitions at Volume I at Exhibits I1 and I2; see also First General Issues Supplement at 610 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.

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