NEW YORK The
inclusion of unfinished oil country tubular goods (OCTG), also
referred to as green tube, in anti-dumping and countervailing
duties on the product has long precedent in trade cases,
according to counsel representing the domestic industry.
"Since the 1980s,
petitioners have always defined the scope of (anti-dumping and
countervailing duty) orders on OCTG to include both finished
and unfinished OCTG precisely to minimize potential
circumvention and evasion through the finishing of subject OCTG
in third countries," attorneys at Washington-based law firms
Skadden, Arps, Slate, Meagher & Flom LLP, Wiley Rein LLP
and Schagrin Associates wrote in rebuttal comments filed with
the U.S. Commerce Department on behalf of domestic producers.
The comments pertained to a scope inquiry on OCTG manufactured
in China and finished in third-party countries.
The orders should
apply to Chinese OCTG finished in third countries, as the
original injury determination found that the U.S. industry is
threatened by Chinese output regardless of the stage of
processing, lawyers wrote in the filing.
processed Chinese green tubes into the domestic market have
claimed that a 2010 ruling by U.S. Customs and Border
Protection should determine the scope for green tube from
China, but lawyers argued that Commerce has always made its own
determination on the issue of substantial transformation,
according to the filing.
transformation analysis done by Commerce is consistent with
World Trade Organization rules, which only require countries to
apply "a uniform practice with regard to rules of origin and
... issue country of origin rulings through a transparent
process," according to the filing.
have said a narrow scope ruling in the case could be
devastating for the U.S. market (
amm.com, April 16).