[Federal Register Volume 68, Number 53 (Wednesday, March 19, 2003)]
[Notices]
[Pages 13262-13264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6478]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-810]


Notice of Final Results and Recision in Part of Antidumping Duty 
Administrative Review; Oil Country Tubular Goods, Other Than Drill 
Pipe, From Argentina

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

ACTION: Notice of final results and recision in part of antidumping 
duty administrative review.

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SUMMARY: On September 9, 2002, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
of its administrative review of the antidumping duty order on oil 
country tubular goods From Argentina. See Notice of Preliminary Results 
of Antidumping Duty Administrative Review; Oil Country Tubular Goods 
from Argentina, 67 FR 57215 (September 9, 2002) (Preliminary Results). 
This review covers imports of subject merchandise from Siderca S.A.I.C. 
(Siderca) and Acindar Industria Argentina de Aceros S.A. (Acindar). The 
period of review is August 1, 2000, through July 31, 2001.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations for Acindar. Therefore, the final 
results differ from the preliminary results. The final weighted-average 
dumping margin for Acindar is listed below in the section entitled 
``Final Results of Review.'' In addition, we are rescinding the review 
with respect to Siderca.

EFFECTIVE DATE: March 19, 2003.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Mike Heaney, or Robert 
James, AD/CVD Enforcement, Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230, telephone: 
(202) 482-2924, (202) 482-4475, or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 9, 2002, the Department published the Preliminary 
Results. We invited parties to comment on those preliminary results. On 
October 9, 2002, we received case briefs from United States Steel 
Corporation (petitioner) and Acindar. On October 17, 2002, we received 
rebuttal briefs from petitioner, Acindar, and IPSCO Tubulars, Inc., 
Lone Star Steel Company, and Maverick Tube Corporation (domestic 
interested parties). On January 31, 2003, we issued a supplemental 
questionnaire to Acindar. We received Acindar's response on February 
12, 2003. On February 19, 2003, petitioner submitted a case brief 
commenting on that submission. On February 21, 2003, Acindar submitted 
rebuttal comments.
    On October 9, 2002, we received a request from Acindar for a public 
hearing on the issues raised in the case and rebuttal briefs. We held 
this hearing on December 5, 2002. A transcript of the hearing is on 
file in the central records unit (CRU) at room B-099 of the Department.
    As indicated in our preliminary results, following publication of 
the preliminary results we continued to seek confirmation that Siderca 
had no shipments to the United States during the POR. See Preliminary 
Results at 57215. In response to requests for information, we received 
submissions from Siderca on September 16 and October 9, 2002. We 
received comments from petitioner on September 24 and November 12, 
2002. In response to petitioner's November 12, 2002, comments we 
received a voluntary submission from Siderca on November 26, 2002. We 
subsequently received further comments from petitioner on December 23, 
2002. From February 20 to 22, 2003, we verified Siderca's no-shipment 
claim, using standard verification procedures, including on-site 
inspection of the manufacturer's facilities and the examination of 
relevant sales and financial records. Our verification results are 
outlined in the public and proprietary versions of the verification 
report, dated March 4, 2003, which are on file in the Central Records 
Unit of the Department.
    Under section 751(a)(3)(A) of the Tariff Act, the Department may 
extend the deadline for completion of an administrative review if it 
determines that it is not practicable to complete the review with in 
the statutory time limit. On December 12, 2002, the Department extended 
the time limit for the final results to March 10, 2003. See Oil Country 
Tubular Goods From Argentina: Notice of Extension of Time Limit of 
Final Results of Antidumping Duty Administrative Review, 67 FR 76381 
(December 12, 2002). We have now completed the administrative review in 
accordance with section 751 of the Tariff Act.

Period of Review

    The POR is August 1, 2000, through July 31, 2001.

Scope of the Review

    Oil country tubular goods (OCTG) are hollow steel products of 
circular cross-section, including oil well casing and tubing 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 or tubing pipe containing 10.5 
percent or more of chromium. Drill pipe was excluded from this order 
beginning August 11, 2000. 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).
    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,

[[Page 13263]]

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.
    The HTSUS subheadings are provided for convenience and customs 
purposes. Our written description of the scope of this order is 
dispositive.

Recision of Review

    In the preliminary results we stated that Siderca reported that it 
had no shipments during the POR. We also stated we would continue 
seeking confirmation of this claim and that we would put our findings 
into a memorandum which we would place on the record of this review. 
Our on-site inspection of Siderca's sales facilities uncovered no 
evidence that Siderca had shipments to the United States during the 
POR. A memorandum describing the verification is on file in the central 
records unit of the Herbert C. Hoover building. Therefore, we are 
rescinding the review with respect to Siderca. Siderca's cash deposit 
rate will remain at 1.36 percent, which is the rate established for 
Siderca in the less-than-fair-value investigation. See Final 
Determination of Sales at Less Than Fair Value: Oil Country Tubular 
Goods from Argentina, 60 FR 33539 (June 28, 1995) and Antidumping Duty 
Order: Oil Country Tubular Goods from Argentina, 60 FR 41055 (August 
11, 1995).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Barbara E. Tillman, Acting 
Deputy Assistant Secretary, Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
March 10, 2003, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memorandum, is attached to this notice as an 
appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit, room B-099 of 
the main Department of Commerce building. In addition, a complete 
version of the decision memorandum can be accessed directly on the Web 
at http://ia.ita.doc.gov/. The paper copy and electronic version of the 
decision memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculations for Acindar. The changes are listed below:
    1. We calculated depreciation on a per-unit basis based on 
production volume, rather than by applying a ratio to the cost of 
manufacture.
    2. We added direct selling expenses into the calculation of 
constructed value (CV).
    3. We removed packing from the setup string in the calculation of 
CVPROFIT and FUPDOL.
    4. We removed the downward adjustment to CV for the Factor 
Convergence program. Additionally, we made the Reintegro reimbursement 
as a downward adjustment to CV, rather than a downward adjustment to 
selling expenses.

Final Results of Review

    As a result of our review, we determine the weighted-average 
dumping margin for the period August 1, 2000, through July 31, 2001, to 
be as follows:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Acindar.....................................................      60.73
------------------------------------------------------------------------

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated an exporter/importer (or 
customer)-specific assessment rate for merchandise subject to this 
review. The Department will issue appropriate assessment instructions 
directly to the Customs Service within 15 days of publication of these 
final results of review. We will direct the Customs Service to assess 
the resulting assessment rates against the entered customs values for 
the subject merchandise on each of the importer's/customer's entries 
during the review period. For duty-assessment purposes, we will 
calculate importer-specific assessment rates by dividing the dumping 
margins calculated for each importer by the total entered value of 
sales for each importer during the POR.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication, as provided by 
section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for the 
reviewed company will be the rate shown above; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
will continue to be the company-specific rate published for the most 
recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be that established for the 
most recent period for the manufacturer of the merchandise; and (4) if 
neither the exporter nor the manufacturer is a firm covered in this 
review, any previous reviews, or the LTFV investigation, the cash 
deposit rate will be 1.36 percent, the ``all others'' rate established 
in the LTFV investigation. See Antidumping Duty Order: Oil Country 
Tubular Goods from Argentina, 60 FR 41055 (August 11, 1995).
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.

Notification of Interested Parties

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties or countervailing 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 or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties or countervailing duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) or their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO

[[Page 13264]]

materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act.

    Dated: March 10, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix 1--Issues in the Decision Memorandum

    Comment 1: Calculation of CV Profit.
    Comment 2: Depreciation Expenses.
    Comment 3: Bad Debt.
    Comment 4: General and Administrative Expenses.
    Comment 5: Rebates Received Under Argentine Government Rebate 
Programs.
    Comment 6: Clerical Errors.
    Comment 7: No Shipments.

[FR Doc. 03-6478 Filed 3-18-03; 8:45 am]
BILLING CODE 3510-DS-P