[Federal Register Volume 59, Number 127 (Tuesday, July 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16207]


[[Page Unknown]]

[Federal Register: July 5, 1994]


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DEPARTMENT OF COMMERCE
[A-122-506]

 

Oil Country Tubular Goods From Canada, Final Results of 
Antidumping Duty Administrative Review

AGENCY: International Trade Administration/Import Administration/
Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On April 20, 1994, the Department of Commerce (the Department) 
published the preliminary results of review of the antidumping duty 
order on oil country tubular goods from Canada (51 FR 21782; June 16, 
1986). The review covers one manufacturer/exporter, IPSCO Inc. (IPSCO), 
and the period June 1, 1992, through May 31, 1993.
    We gave interested parties an opportunity to comment on the 
preliminary results. Since the Department received no comments, the 
final results remain unchanged from the preliminary results.

EFFECTIVE DATE: July 5, 1994.

FOR FURTHER INFORMATION CONTACT: David Genovese or Michael Heaney, 
Office of Antidumping Compliance, International Trade Administration, 
U.S. Department of Commerce, Washington, DC 20230; telephone (202)482-
5254.

SUPPLEMENTARY INFORMATION:

Background

    On June 25, 1993, IPSCO requested that the Department conduct an 
administrative review of the antidumping duty order on oil country 
tubular goods (OCTG) from Canada. The Department initiated the review 
on July 21, 1993 (58 FR 39007), covering the period June 1, 1992, 
through May 31, 1993. On April 20, 1994, the Department published the 
preliminary results of review (59 FR 18798). The Department has now 
completed this review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).

Scope of the Review

    The products covered by this review include shipments of OCTG from 
Canada. This includes American Petroleum Institute (API) specification 
OCTG and all other pipe with the following characteristics except 
entries which the Department determined through its end use 
certification procedure were not used in OCTG applications: Length of 
at least 16 feet; outside diameter of standard sizes published in the 
API or proprietary specifications for OCTG with tolerances of plus \1/
8\ inch for diameters less than or equal to 8\5/8\ inches and plus \1/
4\ inch for diameters greater than 8\5/8\ inches, minimum wall 
thickness as identified for a given outer diameter as published in the 
API or proprietary specifications for OCTG; a minimum of 40,000 PSI 
yield strength and a minimum 60,000 PSI tensile strength; and if with 
seams, must be electric resistance welded. Furthermore, imports covered 
by this review include OCTG with non-standard size wall thickness 
greater than the minimum identified for a given outer diameter as 
published in the API or proprietary specifications for OCTG, with 
surface scabs or slivers, irregularly cut ends, ID or OD weld flash, or 
open seams; OCTG may be bent, flattened or oval, and may lack 
certification because the pipe has not been mechanically tested or has 
failed those tests.
    This merchandise is currently classifiable under the Harmonized 
Tariff Schedules (HTS) item numbers 7304.20, 7305.20, and 7306.20. The 
HTS item numbers are provided for convenience and Customs purposes. The 
written description remains dispositive.

Final Results of Review

    We gave interested parties an opportunity to comment on the 
preliminary results. The Department received no comments. Accordingly, 
we have determined that a final margin of zero percent exists for IPSCO 
for the period June 1, 1992 through May 1, 1993.
    The Department will issue appraisement instructions directly to the 
Customs Service.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise, entered or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of review, as provided by section 751(a)(1) of the Act: 
(1) the cash deposit rate for IPSCO will be zero percent; (2) for 
merchandise exported by manufacturers or exporters not covered in this 
review but covered in a previous review or the original less-than-fair-
value (LTFV) investigation, the cash deposit rate will continue to be 
the rate published in the most recent final results or determination 
for which the manufacturer or exporter received a company-specific 
rate; (3) if the exporter is not a firm covered in this review, earlier 
reviews, or the original investigation, but the manufacturer is, the 
cash deposit rate will be that established for the manufacturer of the 
merchandise in these final results of review, earlier reviews, or the 
original investigation, whichever is the most recent; and (4) the ``all 
others'' rate will be 16.65 percent, as explained below.
    On May 25, 1993, the Court of International Trade, in Floral Trade 
Council v. United States, Slip Op. 93-79, and Federal-Mogul Corporation 
v. United States, 822 F. Supp. 782 (1993), decided that once an ``all 
others'' rate is established for a company it can only be changed 
through an administrative review. The Department has determined that in 
order to implement these decisions, it is appropriate to reinstate the 
original ``all others'' rate from the LTFV investigation (or that rate 
as amended for correction of clerical errors or as a result of 
litigation) in proceedings governed by antidumping duty orders. 
Accordingly, the cash deposit rate for any future entries from all 
other manufacturers or exporters, who are not covered in this or prior 
administrative reviews and who are unrelated to the reviewed firms or 
any previously reviewed firm, will be the ``all others'' rate 
established in the original LTFV investigation, which is 16.65 percent.
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 353.26 to file a certificate regarding the 
reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d). Timely written notification of 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: June 27, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-16207 Filed 7-1-94; 8:45 am]
BILLING CODE 3510-DS-P