[Federal Register Volume 67, Number 170 (Tuesday, September 3, 2002)]
[Notices]
[Pages 56269-56271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22358]


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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.

[[Page 56270]]


ACTION: Notice of rescission of Antidumping Duty Administrative Review.

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SUMMARY: On October 1, 2001, the Department of Commerce (the 
Department) published in the Federal Register a notice announcing the 
initiation of an administrative review of the antidumping duty order on 
oil country tubular goods (OCTG) from Mexico. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 66 FR 49924 (October 1, 2001). The period of 
review (POR) is August 1, 2000 to July 31, 2001. 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been rescinded because one party requesting the review withdrew its 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 had 
no entries for consumption of subject merchandise that are subject to 
review in the United States during the POR.

EFFECTIVE DATE: September 3, 2002.

FOR FURTHER INFORMATION CONTACT: Phyllis Hall or Abdelali Elouaradia, 
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) 482-1374 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 
references to the provisions codified at 19 CFR part 351 (2001).

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: 
7304.29.10.10, 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, coupling stock and 
drill pipe 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. See Continuation of Countervailing and 
Antidumping Duty Orders on Oil Country Tubular Goods From Argentina, 
Italy, Japan, Korea and Mexico, and Partial Revocation of Those Orders 
From Argentina and Mexico With Respect to Drill Pipe, 66 FR 38630, July 
25, 2001.

Background

    On August 31, 2001, North Star Steel Ohio (petitioner), a division 
of North Star Steel Company, 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. See Antidumping Duty Order: Oil Country Tubular Goods From 
Mexico, 60 FR 41055 (August 11, 1995). 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. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 66 FR 49924 
(October 1, 2001). On October 2, 2001, Hylsa withdrew its request and 
requested that the Department terminate the review with respect to 
Hylsa. On December 20, 2001, the Department issued an antidumping duty 
questionnaire to TAMSA for the POR. On January 8, 2002, TAMSA 
resubmitted its no consumption entry/sales certifications. On January 
24, 2002, February 22, 2002, March 18, 2002 and March 21, 2002, TAMSA 
submitted information in response to requests for information from the 
Department. On January 18, 2002 and February 8, 2002, we received 
comments from petitioner. These comments are discussed below. On August 
14, 2002 and August 15, 2002, the Department informed petitioners of 
its intent to rescind the review. See memos to file dated August 15, 
2002 and August 16, 2002. The Department did not receive any comments 
from petitioners.

SUPPLEMENTARY INFORMATION: On October 5, 2001 TAMSA claimed that ``it 
did not 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.'' On December 20, 2002, the 
Department issued an antidumping duty questionnaire to TAMSA and 
requested that TAMSA resubmit its no consumption/entry/sales 
certification. On January 8, 2002, TAMSA submitted its no consumption/
entry/sales certifications. Petitioner subsequently claimed on January 
18, 2002, that publicly available import data from the Department's IM-
145 database showed that 3,355 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. 
Petitioner requested that the Department investigate these transactions 
to determine whether this merchandise is subject to review. After TAMSA 
submitted information on certain transactions, on February 8, 2002, 
petitioners pointed out that the transactions did not account for the 
total amount of seamless OCTG shown in the IM-145 database.
    The Department has thoroughly investigated U.S. Customs Service 
(Customs) proprietary information for all HTSUS numbers covered by the 
scope of this review. As part of this investigation, the Department 
requested additional information from TAMSA for two entries. See Memo 
to the File dated February 12, 2002 and February 26, 2002. TAMSA 
submitted the requested information. One of the entries was 
misclassified and the other entry was for testing purposes. On May 2, 
2002, Customs confirmed that for one of the entries, TAMSA was the 
manufacturer. This was the entry for testing purposes that the 
Department had previously investigated. On April 3, 2002, the

[[Page 56271]]

Department sent a no shipment inquiry to Customs. On April 19, 2002, in 
response to the no shipment inquiry, Customs sent a list of entries 
that had not been liquidated. The Department reviewed the data which 
did not show any additional shipments from TAMSA other than entries 
that had already been investigated. The Department has not been able to 
identify any other entries for consumption from TAMSA during the POR. 
See Memo to the File dated July 24, 2002. Since there were no entries 
for consumption during the POR of OCTG from TAMSA, and because Hylsa 
timely withdrew its request for review, we are rescinding this review 
in accordance with the Department's practice. The cash deposit rates 
for these firms will continue to be the rates 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: August 27, 2002.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-22358 Filed 8-30-02; 8:45 am]
BILLING CODE 3510-DS-P