[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Notices]
[Pages 13119-13120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6011]



[[Page 13119]]

DEPARTMENT OF COMMERCE

International Trade Administration
[A-357-810]


Amended Preliminary Determination of Sales at Less Than Fair 
Value: Oil Country Tubular Goods From Argentina

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

EFFECTIVE DATE: March 10, 1995.

FOR FURTHER INFORMATION CONTACT: John Beck or Jennifer Stagner, Office 
of Antidumping Investigations, Import Administration, U.S. Department 
of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC. 
20230; telephone (202) 482-3464 or (202) 482-1673, respectively.

Scope of Investigation

    For purposes of this investigation, OCTG are hollow steel products 
of circular cross-section, including oil well casing, tubing, and drill 
pipe, of iron (other than cast iron) or steel (both carbon and alloy), 
whether seamless or welded, whether or not conforming to American 
Petroleum Institute (API) or non-API specifications, whether finished 
or unfinished (including green tubes and limited service OCTG 
products). This investigation does not cover casing, tubing, or drill 
pipe containing 10.5 percent or more of chromium. The OCTG subject to 
this investigation is currently classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) under item numbers: 
7304.20.10.00, 7304.20.10.10, 7304.20.10.20, 7304.20.10.30, 
7304.20.10.40, 7304.20.10.50, 7304.20.10.60, 7304.20.10.80, 
7304.20.20.00, 7304.20.20.10, 7304.20.20.20, 7304.20.20.30, 
7304.20.20.40, 7304.20.20.50, 7304.20.20.60, 7304.20.20.80, 
7304.20.30.00, 7304.20.30.10, 7304.20.30.20, 7304.20.30.30, 
7304.20.30.40, 7304.20.30.50, 7304.20.30.60, 7304.20.30.80, 
7304.20.40.00, 7304.20.40.10, 7304.20.40.20, 7304.20.40.30, 
7304.20.40.40, 7304.20.40.50, 7304.20.40.60, 7304.20.40.80, 
7304.20.50.10, 7304.20.50.15, 7304.20.50.30, 7304.20.50.45, 
7304.20.50.50, 7304.20.50.60, 7304.20.50.75, 7304.20.60.10, 
7304.20.60.15, 7304.20.60.30, 7304.20.60.45, 7304.20.60.50, 
7304.20.60.60, 7304.20.60.75, 7304.20.70.00, 7304.20.80.00, 
7304.20.80.30, 7304.20.80.45, 7304.20.80.60, 7305.20.20.00, 
7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.20.10.30, 
7306.20.10.90, 7306.20.20.00, 7306.20.30.00, 7306.20.40.00, 
7306.20.60.10, 7306.20.60.50, 7306.20.80.10, and 7306.20.80.50.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of this 
investigation is dispositive.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute and to the 
Department's regulations are in reference to the provisions as they 
existed on December 31, 1994.
    References to the Antidumping and Countervailing Duties: Notice of 
Proposed Rulemaking and Request for Public Comments (57 FR 1131, 
January 10, 1992) (concerning correction of ministerial errors in a 
preliminary determination), which were withdrawn on January 3, 1995 (60 
FR 80), are provided solely for further explanation of the Department's 
practice and procedures with respect to correction of ministerial 
errors. The subject matter of these regulations is being considered in 
connection with an ongoing rulemaking proceeding which, among other 
things, is intended to conform the Department's regulations to the 
Uruguay Round Agreements Act.

Amendment of Preliminary Determination

    In accordance with section 733(b) of the Tariff Act of 1930, as 
amended (the Act) (19 U.S.C. 1673b(b)), on February 2, 1995, the 
Department of Commerce (the Department) published its preliminary 
determination that OCTG from Argentina were being sold at less than 
fair value (60 FR 6503, February 2, 1995).
    On February 3, 1995, Siderca S.A.I.C. (Siderca), the respondent in 
the investigation, timely alleged that the Department had made a 
ministerial error in its preliminary determination and requested that 
the Department correct this error. This alleged error involved 
different U.S. further manufacturing costs associated with the same 
control number. Siderca stated that the reported control numbers were 
based on the merchandise as imported into the United States. Certain 
products that were identical as imported and therefore had identical 
control numbers were further manufactured into different products with 
different corresponding costs.
    Siderca argued that the Department incorrectly averaged different 
U.S. manufactured costs by imported product (i.e. control number) 
instead of matching the individual sales transactions with the 
submitted costs applicable to that transaction. Siderca stated that 
correcting for the error would change the preliminary antidumping 
margin to 0.42%, a de minimis amount, and therefore the preliminary 
determination would be negative.
    Pursuant to 19 CFR 353.28(c)(1994), the Department may correct 
``ministerial errors'' in its calculations. A ``ministerial error'' is 
defined in 19 CFR 353.28(d)(1994) as ``an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the Secretary considers ministerial.'' We 
agreed with Siderca that matching sales to further manufacturing costs 
based on control number was a ministerial error (see the February 27, 
1995, memorandum from the team to Barbara R. Stafford).
    Furthermore, in accordance with the proposed regulations concerning 
the correction of ministerial errors, 19 CFR 353.15(g)(4)(ii) (57 FR 
1131, 1133, January 10, 1992), the Department will correct ministerial 
errors in a preliminary determination if the errors constitute 
``significant ministerial errors.'' Under the proposed rules, a 
ministerial error would be ``significant'' if the correction of the 
error:
    (A) Would result in a change of at least 5 absolute percentage 
points in, but not less than 25 percent of, the dumping margin 
calculated in the original (erroneous) preliminary determination; or
    (B) Would result in a difference between a dumping margin of zero 
(or de minimis) and a margin of greater than de minimis.
    After correcting for the ministerial error, the margin for Siderca 
changed to 0.42%, a de minimis amount. Therefore, this error is 
``significant'' as defined in the Department's proposed regulations. 
Thus, the Department is hereby amending its preliminary determination 
to correct for this ministerial error.

Discontinuation of Suspension of Liquidation

    Since the amended margin for Siderca is now de minimis, we are 
directing the Customs Service to discontinue suspending liquidation of 
all entries of OCTG from Argentina, as defined in the ``Scope of 
Investigation'' section of this notice, that are entered, or withdrawn 
from warehouse, for consumption on or after February 2, 1995, the date 
of publication of the original preliminary determination in the Federal 
Register. Furthermore, we are directing the Customs Service to refund 
all cash deposits or postings of a bond which [[Page 13120]] have been 
collected on the subject merchandise from Argentina.

ITC Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our amended preliminary determination.
    In accordance with section 735(b)(3), if our final determination is 
affirmative, the ITC will determine whether these imports are 
materially injuring, or threaten material injury to, the U.S. industry 
within 75 days after the date of that affirmative final determination.

Public Comment

    In accordance with 19 CFR 353.38, case briefs or other written 
comments in at least ten copies may be submitted by any interested 
party to the Assistant Secretary for Import Administration no later 
than May 2, 1995, and rebuttal briefs no later than May 9, 1995. We 
request that parties in this case provide an executive summary of no 
more than two pages in conjunction with case briefs on the major issues 
to be addressed. Further, briefs should contain a table of authorities. 
Citations to Commerce determinations and court decisions should include 
the page number where cited information appears. In preparing the 
briefs, please begin each issue on a separate page. In accordance with 
19 CFR 353.38(b), we will hold a public hearing to give interested 
parties an opportunity to comment on arguments raised in case or 
rebuttal briefs. Tentatively, the hearing will be held on May 19, 1995, 
at 10:00 a.m. at the U.S. Department of Commerce, Room 1414, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230. Parties 
should confirm the time, date, and place of the hearing 48 hours before 
the scheduled time.
    This determination is published pursuant to section 733(f) of the 
Act (19 U.S.C. 1673b(f)) and 19 CFR 353.15(a)(4).

    Dated: March 6, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-6011 Filed 3-9-95; 8:45 am]
BILLING CODE 3510-DS-P