Export Compliance Daily is a Warren News publication.

OCTG: Commerce Issues AD Duty Final Determinations for Argentina, Mexico, Russia

The Commerce Department issued its final determinations in the antidumping duty investigations on oil country tubular goods from Argentina (A-357-824), Mexico (A-201-856) and Russia (A-821-833). Cash deposit rates set in this final determination take effect Sept. 29, when the notice is scheduled for publication in the Federal Register.

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

The next step is for the International Trade Commission to make its final injury determination, currently scheduled for Nov. 7. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.

Commerce is also issuing its final determination in the concurrent countervailing duty investigation on OCTG from Russia (see 2209280032). The agency set CV duty rates at 1.3% to 1.59% for Russian exporters. Collection of CV duties is currently on hold pending the ITC's final injury determination. Commerce also issued a concurrent CV duty final determination on OCTG from South Korea (see 2209280033).

Critical Circumstances for All Mexican, Some Russian Exporters, Cash Deposits Still Retroactive 90 Days

Commerce finalized its determination that all exporters of OCTG from Mexico increased their exports to the U.S. in the months before the preliminary determination of this investigation. As a result of this “critical circumstances" finding, Commerce continues to retroactively suspend liquidation and require AD duty cash deposits for all subject merchandise from Mexico as of 90 days before the preliminary determination, i.e., Feb. 10, 2022.

Commerce also found critical circumstances for the first time in this final determination for the Russian company TMK/VTZ. As a result, Commerce will direct CBP to suspend liquidation and require AD duty cash deposits on subject merchandise exported by TMK/VTZ beginning Feb. 10, 2022. For all other Russian companies, AD duty cash deposit collection remains in effect for entries on or after May 11, 2022.

Suspension of liquidation and CV duty cash deposit collection remains in effect for all Russian companies as of March 14, 2022. Commerce has discontinued CV duty suspension of liquidation for entries from Russia on or after July 12, 2022.

On the other hand, Commerce reversed its finding of critical circumstances for all Argentine companies, and will end suspension of liquidation and refund all AD duty cash deposits collected on entries prior to May 11, 2022.

Estimated AD Cash Deposit Rates

Commerce will instruct CBP to continue to suspend liquidation for AD duty purposes and collect cash deposits for subject merchandise entered on or after the dates listed below, and set cash deposit rates as follows beginning Sept. 29:

Argentina

Exporter/ProducerAD RateSus. Liq.
Siderca S.A.I.C.78.3%05/11/22
All Others78.3%05/11/22

Mexico

Exporter/ProducerAD RateSus. Liq.
Tubos de Acero de Mexico, S.A.44.93%02/10/22
All Others44.93%02/10/22

Russia

Exporter/ProducerAD RateAdjusted*Sus. Liq.
JSC Vyksa Steel Works12.84%12.53%05/11/22
Volzhsky Pipe Plant, Joint Stock Company / Public Joint-Stock Company Trubnaya Metallurgicheskaya Kompaniya / Sinarsky Pipe Plant, Joint Stock Company / Seversky Pipe Plant, Joint Stock Company / Taganrog Metallurgical Plant, Joint Stock Company / Pervouralsk Pipe Plant, Joint Stock Company / Chelyabinsk Pipe Plant, Joint Stock Company / Orsky Machine Building Plant, Joint Stock Company (TMK/VTZ)184.21%184.21%02/10/22
All Others12.84%12.7%05/11/22

*As adjusted for export subsidies found in the concurrent CV duty investigation. This adjustment is not in effect, and will only be the cash deposit rate once CV duty collection resumes upon publication of the ITC's final injury determination.

(The period of investigation is 10/01/20 - 09/30/21. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 2205100025 for a summary of the preliminary determination of this investigation.)