India and Turkey OCTG: Critical Circumstances Found, but No Retroactive Suspension of Liq Yet
The Commerce Department preliminarily said it found critical circumstances in its countervailing duty investigations on oil country tubular goods from India and Turkey (C-533-858, C-489-817), but won’t retroactively suspend liquidation yet because of negative determinations of illegal subsidization. Commerce preliminarily found Indian company Jindal SAW and all Turkish companies (including Borusan and Toscelik) ramped up exports of OCTG as soon as they knew about the CV duty investigations in an attempt to sell as much as possible before CV duties were imposed.
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A finding of critical circumstances normally allows Commerce to retroactively suspend liquidation back 90 days before the preliminary determination in AD/CV duty investigations. But in this case, Commerce found no illegal subsidization by any of these companies, so liquidation wasn’t suspended in the first place. The agency found a zero rate for Jindal in its India preliminary determination (see 13122019), and made a negative preliminary determination of no illegal subsidization by any Turkish exporter (13122020). As such, the agency won’t retroactively suspend liquidation at this time, it said.
(Federal Register 01/27/14)