India and Turkey OCTG: Details of CV Duty Orders, Amended Rates
The Commerce Department issued countervailing duty orders on oil country tubular goods from India (C-533-858) and Turkey (C-489-817). For some Indian exporters, the order details a "gap period" of April 22 - Sept. 5 of no CV duty liability due to the expiration of the "provisional measures" period. Rates for some Indian companies rose slightly as Commerce corrected a calculation error.
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With the issuance of this order, CV duties on OCTG from India and Turkey become permanent, and can only be ended under certain conditions, like a sunset review or a changed circumstances review. Commerce will now begin conducting annual administrative reviews on OCTG from India and Turkey, if requested, to determine final assessments of CV duties on importers and make changes to CV duty cash deposit rates.
Refund of Cash Deposits Collected for 'Critical Circumstances'
Although Commerce found that "critical circumstances" existed for imports of OCTG from both India and Turkey and made suspension of liquidation retroactive 90 days, the International Trade Commission decided in August to overrule that decision.
As a result, Commerce will refund CV duty cash deposits collected on shipments of OCTG from India exported by Jindal, as well as all OCTG from Turkey, entered from April 19 through July 17. Cash deposit requirements for OCTG from Turkey and from Indian company Jindal entered on or after July 18 are still in effect.
For all Indian companies except Jindal (i.e., GVN/MSL/JPL and the "all others" companies), Commerce will refund CV duty cash deposits collected from Sept. 24, 2013 through Dec. 22, 2013. Cash deposit requirements for OCTG from these Indian companies entered from Dec. 23, 2013 through April 21, 2014 are still in effect.
Gap Period of No CV Duties for Some Indian Companies for April 22 - Sept. 5
For all Indian companies except Jindal (i.e., GVN/MSL/JPL and the "all others" companies), the four-month provisional measures period for which the CV suspension of liquidation may remain in effect before the order is issued began on Dec. 23 (the date of the preliminary determination) and ended on April 21.
As the International Trade Commission's final affirmative injury determination was published on Sept. 5, Commerce is instructing CBP to terminate CV suspension of liquidation and to liquidate, without regard to CV duties, unliquidated entries of subject merchandise from these Indian companies entered on or after April 22, and through Sept. 4 (the gap period).
(For subject merchandise entered on or after Dec. 23 through April 21, suspension of liquidation and CV duty liability remains in effect.)
CV Suspension of Liq Instructions
Suspension of liquidation resumes for all Indian companies except Jindal (i.e., GVN/MSL/JPL and the "all others" companies") for subject merchandise entered on or after Sept. 5, the date the ITC's injury determination was published. For OCTG from Turkey and Indian company Jindal, suspension of liquidation began July 18 and remains in effect.
CV Cash Deposit Instructions
A CV cash deposit requirement is also in effect for subject merchandise from India and Turkey. Commerce will instruct CBP to require, at the same time as importers deposit estimated duties, a cash deposit equal to the CV duty rates listed below for all entries entered on or after Sept. 5 for most Indian companies, or on or after July 18 for Jindal and all Turkish companies, as follows:
India
| Exporter/Producer | CV Rate |
|---|---|
| GVN Fuels Limited/Maharashtra Seamless Limited/Jindal Pipes Limited | 5.67% |
| Jindal SAW Limited | 19.57% (from 19.11%) |
| All Others | 12.62% (from 12.39% |
Turkey
| Exporter/Producer | CV Rate |
|---|---|
| Borusan Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S., and Borusan Holding A.S. | 15.89% |
| Tosyali Dis Ticaret A.S, Tosçelik Profil ve Sac Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir Celik San. A.S., and Tosyali Holding A.S. | 2.53% |
| All Others | 9.21% |
(See notice for additional details, including the full scope description, etc. See 14082225 for summary of ITC vote on final affirmative injury, and 14071707 and 14071710 for summary of Commerce’s CV final determinations on pressure pipe from India and Turkey, respectively.)
ITC final injury determination (Federal Register 09/05/14) is available (here).
AD/CVD Operations contact -- Myrna Lobo (202) 482-2371 (India); Shane Subler (202) 482-0189 (Turkey)
(Federal Register 09/10/14)