Notice of final results of changed circumstances review of the antidumping duty order on oil country tubular goods from the People's Republic of China (A-570-943).

1. On 11/26/2021, Commerce published in the Federal Register its notice of affirmative final determination of circumvention of the antidumping duty order on oil country tubular goods (OCTG) from the People's Republic of China (China) (A-570-943) (OCTG China AD Order) with respect to HLDS (B) Steel Sdn Bhd (HLDS (B)) in Brunei and HLD Clark Steel Pipe Co., Inc. (HLD Clark) in the Philippines (86 FR 67443) (Final Determination). The circumvention determination covers welded OCTG produced by HLDS (B) in Brunei and HLD Clark in the Philippines from Chinese origin hot-rolled steel and exported from Brunei or the Philippines to the United States. (See Messages 1337407). On 03/21/2022, Commerce published in the Federal Register its notice of final results of changed circumstances review of the antidumping duty order on OCTG from China with respect to HLDS (B) and HLD Clark (87 FR 15915). As a result of the changed circumstances review, HLDS (B), HLD Clark, and their exporters and importers are eligible to certify that welded OCTG produced by either HLDS (B) in Brunei or HLD Clark in the Philippines and exported from either Brunei or the Philippines were produced using non-Chinese hot-rolled steel; and, thus, are not covered by the antidumping duty order on OCTG from China. 2. Scope of the antidumping duty order The scope of this 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 orders also covers OCTG coupling stock. Excluded from the scope of the orders 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 orders 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 orders 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 customs purposes only; the written description of the scope of the orders is dispositive. 3. Scope of the circumvention inquiry The final determination of circumvention (86 FR 67443) covers welded OCTG made using Chinese hot-rolled steel by either HLDS (B) in Brunei or HLD Clark in the Philippines and then subsequently exported from either Brunei or the Philippines to the United States. 4. Scope of the changed circumstances review This changed circumstances review covers welded OCTG made using non-Chinese hot-rolled steel by either HLDS (B) in Brunei or HLD Clark in the Philippines and then subsequently exported from either Brunei or the Philippines to the United States. 5. Suspension of Liquidation These suspension of liquidation and cash deposit requirements apply to all entries described below that do not meet the certification requirements described below. 5a. Cash deposit rate: Case numbers A-561-911 and A-565-911 have been set up to accommodate entries of welded OCTG completed by HLDS (B) in Brunei and HLD Clark in the Philippines using Chinese hot-rolled steel and exported from either Brunei or the Philippines to the United States, that are subject to the OCTG China AD Order. CBP shall continue to suspend liquidation and require a cash deposit equal to 99.14 percent of the entered value, of all unliquidated entries (and entries for which liquidation has not become final) of such merchandise, that were exported from either Brunei or the Philippines and entered, or withdrawn from warehouse, for consumption on or after 11/12/2020, the date of initiation of the circumvention inquiry. 5b. Further, if CBP determines that the certification and/or documentation requirements identified have not been met for any unliquidated entries (and entries for which liquidation has not become final) of welded OCTG entered, or withdrawn from warehouse, for consumption on or after 02/14/2022 (the date of initiation of the changed circumstances review), produced by HLDS (B) in Brunei or HLD Clark in the Philippines and exported from either Brunei or the Philippines, for which the importer claims that the welded OCTG was not completed using Chinese hot-rolled steel, CBP shall suspend liquidation of all such unliquidated entries (and entries for which liquidation has not become final) as products of China for AD purposes, and shall require the importer to post applicable AD cash deposits. Entries suspended under A-570-943-000, A-561-911-000, or A-565-911-000 will be liquidated pursuant to applicable administrative reviews of the OCTG China AD Order or through the automatic liquidation process. 6. Certification Requirements If an importer imports welded OCTG from Brunei produced by HLDS (B) or the Philippines produced by HLD Clark, and exported from either Brunei or the Philippines and claims that the merchandise was not produced from Chinese hot-rolled steel manufactured in China, the importer and exporter are required to meet the certification and documentation requirements described herein and in the certifications below, in order for no cash deposit to be required pursuant to the AD order at issue. 6a. Eligibility for the Certification Importers: All importers of welded OCTG produced by HLDS (B) in Brunei or HLD Clark in the Philippines and exported from either Brunei or the Philippines are eligible for the certification process detailed below and in the final results of changed circumstances review (87 FR 15915, 03/21/2022). Exporters: All exporters of welded OCTG produced by HLDS (B) in Brunei or HLD Clark in the Philippines and exported from either Brunei or the Philippines are eligible for this certification process as exporters of welded OCTG produced by HLDS (B) in Brunei or HLD Clark in the Philippines. No other parties are eligible for this certification process. 6b. Certification Requirements for Importers and Exporters: For entries of welded OCTG from Brunei or the Philippines entered, or withdrawn from warehouse, for consumption on or after 02/14/2022 (the date of initiation of the changed circumstances review) for which the importer claims that the welded OCTG was made by HLDS (B) in Brunei or HLD Clark in the Philippines from non-Chinese hot-rolled steel, and exported from either Brunei or the Philippines, although the importer is not required to submit the certifications or supporting documentation to CBP as part of the entry process, the importer and exporter are required to meet the certification and documentation requirements detailed in the certifications below in order for no suspension of liquidation and no cash deposit to be required for such entries. The exporter certification should be completed by the exporter as the party selling the merchandise manufactured in Brunei or the Philippines to the United States. 6c. Certification Timing and Format Requirements for Importers and Exporters: For shipments/entries made on or after 02/14/2022 (the date of publication of the initiation of the changed circumstances review) through 04/20/2022 (30 days after the date of publication of the final results of the changed circumstances review in the Federal Register (87 FR 15915, 03/21/2022)), for which certifications are required, importers and exporters should complete the required certification and exporters should provide the export certification to the importer by 04/20/2022 (30 days after the date of publication of the final results of the changed circumstances review in the Federal Register). Accordingly, where appropriate, the relevant bullet in the certification should be edited to reflect that the certification was completed within the time frame specified above. For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/shipments, individual certifications for each entry/shipment, or a combination thereof. For shipments/entries on or after 04/21/2022 (31 days after the date of publication of the final results of the changed circumstances review in the Federal Register (87 FR 15915, 03/21/2022)), for which certifications are required, importers should complete the required certification at or prior to the date of Entry Summary and exporters should complete the required certification and provide it to the importer at or prior to the date of shipment. 7. Certifications 7a. EXPORTER CERTIFICATION Special Instructions: The party that made the sale to the United States should fill out the exporter certification. Only parties that exported welded OCTG produced by either HLDS (B) Steel Sdn. Bhd. in Brunei or HLD Clark Steel Pipe Co., Inc. in the Philippines are eligible for this certification process. I hereby certify that: A. My name is {COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF EXPORTING COMPANY}, located at {ADDRESS}; B. I have direct personal knowledge of the facts regarding the production and exportation of the welded oil country tubular goods (OCTG) identified below. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have direct personal knowledge of the producer's identity and location. C. Welded OCTG produced in either Brunei or the Philippines and covered by this certification were not manufactured using hot-rolled steel produced in the People's Republic of China (China). D. This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. (repeat this block as many times as necessary): Foreign Seller's Invoice # to U.S. Customer: Foreign Seller's Invoice to U.S. Customer Line item #: Producer Name: Producer's Address: Producer's Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) E. The welded OCTG covered by this certification were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. F. I understand that {NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, production records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries. G. I understand that {NAME OF EXPORTING COMPANY} must provide a copy of this Exporter Certification to the U.S. importer by the date of shipment. H. I understand that {NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce). I. I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce. J. I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping and countervailing duty orders on welded OCTG from China. I understand that such finding will result in: 1. suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and 2. the requirement that the importer post applicable antidumping and countervailing duty cash deposits (as appropriate) equal to the rates as determined by Commerce; and 3. the revocation of {NAME OF EXPORTING COMPANY}'s privilege to certify future exports of welded OCTG from either Brunei or the Philippines as not manufactured using hot-rolled steel from China. K. This certification was completed at or prior to the date of shipment; L. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE 7b. IMPORTER CERTIFICATION I hereby certify that: A. My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADRESS OF IMPORTING COMPANY}. B. I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of welded oil country tubular goods (OCTG) produced in either Brunei or the Philippines that entered under entry summary number(s) identified below and are covered by this certification. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own records. For example, the importer should have direct personal knowledge of the importation of the product (e.g., the name of the exporter) in its records. C. If the importer is acting on behalf of the first U.S. customer, complete this paragraph, if not put "NA" at the end of this paragraph: welded OCTG covered by this certification were imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. D. Welded OCTG covered by this certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN THE UNITED STATES}, located at {ADDRESS OF SHIPMENT}. E. I have personal knowledge of the facts regarding the production of the welded OCTG identified below. "Personal knowledge" includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the country of manufacture of the imported products). F. Welded OCTG covered by this certification were not manufactured using hot-rolled steel produced in the People's Republic of China (China). G. This certification applies to the following entries (repeat this block as many times as necessary): Entry Summary #: Entry Summary Line Item #: Foreign Seller: Foreign Seller's Address: Foreign Seller's Invoice #: Foreign Seller's Invoice Line Item #: Producer: Producer's Address: H. I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, production records, invoices, etc.) for the later of (1) a period of five years from the date of entry, or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries. I. I understand that {NAME OF IMPORTING COMPANY} is required to provide this certification and supporting records to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce), upon request by the respective agency. J. I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to the production and/or export of the imported merchandise identified above), and any supporting records provided by the exporter to the importer, for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. K. I understand that {NAME OF IMPORTING COMPANY} is required, upon request, to provide a copy of the exporter's certification and any supporting records provided by the exporter to the importer, to CBP and/or Commerce. L. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. M. I understand that failure to maintain the required certifications, and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping and countervailing duty orders on welded OCTG from China. I understand that such finding will result in: 1. suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; 2. the requirement that the importer post applicable antidumping and countervailing duty cash deposits (as appropriate) equal to the rates determined by Commerce; and 3. the revocation of {NAME OF IMPORTING COMPANY}'s privilege to certify future imports of welded OCTG from either Brunei or the Philippines as not manufactured using hot-rolled steel from China. N. I understand that agents of the importer, such as brokers, are not permitted to make this certification. Where a broker or other party was used to facilitate the entry process, {NAME OF IMPORTING COMPANY} obtained the entry summary number and date of entry summary from that party. O. This certification was completed at or prior to the date of entry summary. P. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE 8. This cash deposit requirement shall remain in effect until further notice. Do not liquidate any entries of this merchandise until specific liquidation instructions are issued. 9. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, 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 OVI:YJC.) 10. There are no restrictions on the release of this information. Alexander Amdur