A petition filed April 2 could result in the imposition of antidumping and countervailing duties on imports of Oil Country Tubular Goods from Austria, Taiwan, and the United Arab Emirates.
Scope
The subject merchandise consists of oil country tubular goods (“OCTG”), which are hollow steel products of circular cross‑section, including oil well casing and tubing, made of iron (other than cast iron) or carbon or alloy steel.
OCTG is typically used in oil and natural gas exploration and production, manufactured either through the seamless process with high temperature methods, or the electric-resistance-welding process with hot-rolled steel sheets in coil form.
Covered OCTG may be seamless or welded and are included regardless of end finish (plain end, threaded, or threaded and coupled), conformance to API or non-API specifications, whether they include OCTG coupling stock, and whether thread protectors are attached. Subject merchandise includes limited service OCTG products and green tubes. The proposed scope also includes OCTG that has undergone processing in a third country, including heat treatment, cutting, upsetting, threading, coupling or other processing operations that would not remove the merchandise from the scope of the investigation.
Excluded from the scope are casing, tubing or coupling stock that contains 10.5 percent or more chromium by weight, drill pipes, unattached couplings, and unattached threat protectors.
Subject merchandise is typically classifiable under HTSUS subheadings 7304, 7305, and 7306, including numerous specific subheadings cover seamless and welded OCTG products.
AD/CVD Duty Rates
The petition alleges that subject goods are being sold in the U.S. market at less than normal value at margins of 42.92 to 93.59 percent.
However, importers are typically liable for the payment of AD/CVD duties at the alleged rates only when importing from foreign producers or exporters that fail to cooperate with AD/CVD investigations by the Department of Commerce and International Trade Commission. Lower rates are often assigned to imports from cooperative entities.
The petition also argues that subject goods are being subsidized by the government of Austria but does not assert specific rates.
Next Steps
The DOC and the ITC will consider this petition and quickly launch investigations to determine dumping margins/net subsidy rates and potential injury to the U.S. domestic industry, respectively. Preliminary determinations are due around May 18 for the ITC and June 26 (CVD) and Sep. 9 (AD) for the DOC, although these dates may be extended.
If these preliminary determinations are affirmative, U.S. importers will be required to post AD and/or CVD cash deposits for all entries of subject goods entered on or after the date the DOC determinations are published. However, in certain circumstances duties could be owed three months prior to these dates. In addition, preliminary cash deposit rates can change in the final DOC determinations.
Many important issues affecting coverage, duty rates, and other considerations are argued and decided in the early stages of AD/CVD proceedings before preliminary determinations are issued. Companies that strategically engage in these early stages are thus best positioned to protect their interests and mitigate any potential duty liability. For more information, please contact Sandler, Travis & Rosenberg.
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