[Federal Register Volume 66, Number 94 (Tuesday, May 15, 2001)]
[Notices]
[Pages 26830-26831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12213]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-817]


Oil Country Tubular Goods From Mexico: Rescission of Antidumping 
Duty Administrative Review

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

ACTION: Notice of Rescission of Antidumping Duty Administrative Review.

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SUMMARY: On October 2, 2000, the Department of Commerce (the 
Department) published in the Federal Register (65 FR 58733) a notice 
announcing the initiation of an administrative review of the 
antidumping duty order on oil country tubular goods (OCTG) from Mexico. 
The review period is August 1, 1999 to July 31, 2000. This review has 
now been rescinded because one party requesting the review withdrew its 
request, and the remaining exporter named in the request for review 
made no entries of subject merchandise for consumption in the United 
States during the period of review.

EFFECTIVE DATE: May 15, 2001.

FOR FURTHER INFORMATION CONTACT: Phyllis Hall or Nancy Decker, 
Enforcement Group III, Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Room 7866, Washington, DC 20230; telephone 
(202) 482-1398 or (202) 482-0196 respectively.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act) are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are

[[Page 26831]]

references to the provisions codified at 19 CFR part 351 (2000).

Scope of Review

    Imports covered by this review are oil country tubular goods, 
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 scope does not cover casing, 
tubing, or drill pipe containing 10.5 percent or more of chromium. The 
OCTG subject to this order are currently classified in the Harmonized 
Tariff Schedule of the United States (HTSUS) under item numbers: 
7304.21.30.00, 7304.21.60.30, 7304.21.60.45, 7304.21.60.60, 
7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 
7304.29.20.60, 7304.29.20.80, 7304.29.30.10, 7304.29.30.20, 
7304.29.30.30, 7304.29.30.40, 7304.29.30.50, 7304.29.30.60, 
7304.29.30.80, 7304.29.40.10, 7304.29.40.20, 7304.29.40.30, 
7304.29.40.40, 7304.29.40.50, 7304.29.40.60, 7304.29.40.80, 
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 
7304.29.50.75, 7304.29.60.15, 7304.29.60.30, 7304.29.60.45, 
7304.29.60.60, 7304.29.60.75, 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 
proceeding is dispositive.
    The Department has determined that couplings, and coupling stock, 
are not within the scope of the antidumping order on OCTG from Mexico. 
See Letter to Interested Parties; Final Affirmative Scope Decision, 
August 27, 1998.

Background

    On August 31, 2000, petitioner on behalf of U.S. Steel Group, a 
unit of USX Corporation, requested an administrative review of Tubos de 
Acero de Mexico S.A. (TAMSA), a Mexican producer and exporter of OCTG, 
with respect to the antidumping order published in the Federal Register 
on August 11, 1995 (60 FR 41055). Additionally, respondent Hylsa, S.A. 
de C.V. (Hylsa) requested that the Department conduct an administrative 
review of Hylsa. We initiated the review for both companies on October 
2, 2000 (65 FR 58733). On October 19, 2000, Hylsa withdrew its request 
and requested that the Department terminate the review with respect to 
Hylsa. On October 26, 2000, we received comments from TAMSA. On 
December 22, 2000, we received comments from petitioners. These 
comments are discussed below.

SUPPLEMENTARY INFORMATION: On October 26, 2000 TAMSA claimed that ``it 
did not export, directly or indirectly, enter for consumption, or sell, 
export or ship for entry for consumption in the United States subject 
merchandise during the period of review.'' Petitioner subsequently 
claimed on December 22, 2000, that publicly available import data from 
the Department's IM-145 database showed that 2,914 metric tons of 
seamless OCTG from Mexico entered the United States during the period 
of review. Petitioner asserted that TAMSA was the only producer of 
seamless OCTG in Mexico. In addition, petitioner claimed that subject 
merchandise produced by TAMSA was shipped from a third country and 
entered into the United States during the period of review. Petitioner 
requested that the Department investigate these transactions to 
determine whether this merchandise is subject to review.
    In response to a telephone query on March 6, 2001, TAMSA indicated 
that it made no U.S. sales or consumption entries during the POR. TAMSA 
claimed all of its shipments to the United States were TIB entries, and 
were destined for re-export. TAMSA also indicated that it had no 
knowledge of its customers having entered covered merchandise into the 
United States for consumption. See Memorandum to File dated March 17, 
2001.
    During March 2001, the U.S. Customs Service (Customs) officially 
confirmed that the entries shipped by TAMSA to the United States were 
TIB entries. Customs also confirmed that none of these entries entered 
the customs territory of the United States during the POR for 
consumption. With respect to the third country shipment referenced by 
the petitioner, Customs officially confirmed on April 5, 2001 that the 
merchandise had been entered under the proper country of export (the 
third country) and that the merchandise was declared as being of 
Mexican origin and was entered subject to duty. Because this 
merchandise was exported to the United States by a party not affiliated 
with TAMSA and not subject to this review, and because there is no 
evidence that TAMSA had knowledge of the shipment or was involved with 
it in any way, we have determined that there are no shipments for 
purposes of this review. On April 18, 2001, the Department forwarded a 
no-shipment inquiry to the Customs for circulation to all Customs 
ports. Customs did not indicate to the Department that there was any 
record of consumption entries during the POR of OCTG exported by TAMSA.
    Because there were no entries for consumption during the POR for 
OCTG for which TAMSA was the appropriate respondent, and because Hylsa 
withdrew its request for review, we are rescinding this review in 
accordance with the Department's practice. The cash deposit rate for 
these firms will continue to be the rate established in the most 
recently completed segment of this proceeding.
    This notice is issued and published in accordance with section 
777(i) of the Act and 19 CFR 351.213(d)(4).

    Dated: May 2, 2001.
Joseph A. Spetrini,
Deputy Assistant Secretary, AD/CVD Enforcement Group III.
[FR Doc. 01-12213 Filed 5-14-01; 8:45 am]
BILLING CODE 3510-DS-P