AD/CVD message 3172304 - Third country case numbers in the scope determination concerning the countervailing duty order on oil country tubular goods from the People's Republic of China (C-570-944)

3172304
Jun 21, 2013
Active

Category: Countervailing • Type: Other • Reference messages: 3169306 • Cases: C-570-944

1. On May 31, 2013, Commerce issued its preliminary scope determination concerning the countervailing duty order on oil country tubular goods (OCTG) from the People's Republic of China (PRC), finding that seamless unfinished OCTG that are produced in the PRC and further processed into certain grades of finished OCTG by particular finishing processes are within the scope of the countervailing duty order, regardless of the country in which the further processing occurs. See message number 3169306, dated 06/18/2013.

In order to ensure that requisite countervailing duty entries with a declared country of origin other than the PRC are and can be properly claimed as subject merchandise, we have added additional case numbers to the case reference file with the ACE for certain countries. These additional case numbers reflect third countries listed as country of origin on shipments of OCTG from the PRC.

2. The merchandise covered by the countervailing duty order consists of certain OCTG, which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast 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 order also covers OCTG coupling stock. Excluded from the scope of the order are casing or tubing containing 10.5 percent or more by weight of chromium; drill pipe; unattached couplings; and unattached thread protectors.

The merchandise covered by the order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.

The OCTG coupling stock covered by the order may also enter under the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 7304.59.60.00, , 7304.59.80.15, 7304.59.80.20, 7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 7304.59.80.70, and 7304.59.80.80.

The HTSUS subheadings are provided for convenience and U.S. Customs and Border Protection (CBP) purposes only, the written description of the scope of the order is dispositive.

3. As discussed in paragraph 2 of message number 3169306, dated 06/18/2013 and paragraph 1 above, Commerce considers certain OCTG which is processed into finished OCTG in a third country to be covered by the scope of the countervailing duty order. For OCTG finished in a third country but produced from PRC-origin, seamless unfinished OCTG, importers may declare the country of origin to be other than the PRC for CBP purposes. Therefore, the new case numbers have been created to allow for OCTG finished in a third-country to be properly claimed as subject merchandise upon entry. Paragraph 4 provides a list of third countries for which we have established case numbers for merchandise covered by the scope of the order.

The merchandise in question is currently classified in the HTSUS under item numbers: 7304.29.10, 7304.29.20, 7304.29.31, 7304.29.41, 7304.29.50, and 7304.29.61. The HTSUS subheadings are provided for convenience and CBP purposes only, the written description of the merchandise is dispositive.

4. The following is a list of third countries, and the corresponding case numbers, for which imports of certain OCTG finished in a third-country from seamless unfinished OCTG produced in the PRC (meeting API-5CT specification, grades P-110, T-95, and Q-125) are covered by the scope of the order. These case numbers have been assigned for countervailing duty purposes:

Country: Case Number:

Argentina C-357-992
Austria C-433-992
Belarus C-462-235
Brazil C-351-992
Canada C-122-992
Colombia C-301-992
Czech Republic C-435-992
Finland C-405-992
France C-427-992
Germany C-428-992
India C-533-992
Indonesia C-560-992
Italy C-475-992
Japan C-588-992
Korea, Republic of C-580-992
Mexico C-201-992
Norway C-403-992
Poland C-455-992
Romania C-485-992
Russia C-462-992
Saudi Arabia C-517-992
South Africa C-791-992
Spain C-470-992
Taiwan C-583-992
Thailand C-549-992
Ukraine C-462-326
United Kingdom C-412-992
Vietnam C-552-992

The list provided above is not exhaustive, as additional countries and corresponding case numbers may be added based on patterns of trade. If CBP becomes aware of entries of OCTG within the scope of the order that are being finished and exported from a third-country that is not identified above and/or is not in the ACE case reference file, CBP should notify Commerce immediately about such entries. If importers are attempting to import OCTG within the scope of the order that were finished and exported from a third-country without a third-country case number related to the countervailing duty order, importers should contact the port of entry immediately. CBP headquarters should notify Commerce immediately about such imports.

5. As of the date of this message, third-country company-specific case numbers for this order have not been established, other than the case numbers pertaining to the third-country “All Others.” Importers of OCTG that are within the scope of the order and that are being finished and exported from a third-country who attempt to enter the OCTG at a company-specific cash deposit rate which has not been established for the third country in the ACE case reference file should contact the port of entry immediately. CBP headquarters should notify Commerce immediately about such imports.

6. In accordance with paragraph 3 of message number 3169306, dated 06/18/2013, for entries of certain OCTG finished in a third-country from unfinished OCTG produced the PRC, and made to API-5CT specification, grades P-110, T-95, and Q-125, CBP shall suspend liquidation of such merchandise entered, or withdrawn from warehouse, for consumption, on or after 06/20/2012. Effective 06/20/2012, CBP shall require, for such entries, a cash deposit equal to the cash deposit rates in effect on the date of entry.

7. If there are any questions by the importing public regarding this message, please contact the call center for the office of AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only (this message was generated by O7:PE).

8. There are no restrictions on the release of this information.

Michael B. Walsh