[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Notices]
[Pages 13091-13093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3632]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-580-825


Oil Country Tubular Goods, Other Than Drill Pipe, from Korea: 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On September 8, 2005, the Department of Commerce (``the 
Department'') published the preliminary results of its administrative 
review of the antidumping duty order on oil country tubular goods 
(OCTG), other than drill pipe, from Korea. See Oil Country Tubular 
Goods, Other Than Drill Pipe, from Korea: Preliminary Results of 
Antidumping Duty Administrative Review, 70 FR 53340 (September 8, 2005) 
(Preliminary Results). This review covers the following producers: 
Husteel Co., Ltd. (``Husteel'') and SeAH Steel Corporation (``SeAH''). 
The period of review (``POR'') is August 1, 2003, through July 31, 
2004. Based on our analysis of the comments received, we have made 
changes to the Preliminary Results. For the final dumping margins, see 
the

[[Page 13092]]

``Final Results of Review'' section below.

EFFECTIVE DATE: March 14, 2006.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Scott Lindsay, 
AD/CVD Operations (6), Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482-1395 
or (202) 482-0780, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 2005, the Department published in the Federal 
Register the preliminary results of its administrative review of the 
antidumping duty order on OCTG from Korea. See Preliminary Results. 
Since the Preliminary Results, the following events have occurred. On 
September 12, 2005, Respondents requested that the Department hold a 
hearing. A case brief from Respondents and a rebuttal brief from 
Petitioners were timely filed. The issues raised in the case and 
rebuttal briefs by interested parties in this administrative review are 
addressed in the Issues and Decisions Memorandum for the Final Results 
of the Administrative Review of the Antidumping Duty Order on Oil 
Country Tubular Goods (``OCTG'') from Korea (Issues and Decision 
Memorandum), which is hereby adopted by this notice. The Issues and 
Decision Memorandum is on file in the Central Records Unit (CRU), room 
B-099 of the Department of Commerce main building, and can be accessed 
directly at http://www.ia.ita.doc.gov/. The paper copy and electronic 
version of the Issues and Decision Memorandum are identical in content.

Scope of the Antidumping Duty Order

    The products covered by this order are OCTG, hollow steel products 
of circular cross-section, including only 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, or drill pipe. The products 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. The HTSUS item numbers 
are provided for convenience and Customs purposes. The written 
description remains dispositive of the scope of this review.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by SeAH and Husteel for use in our final results. 
We used standard verification procedures, including on-site examination 
of relevant accounting and production records and original source 
documents provided by both companies. Our verification results are 
outlined in the Memorandum to Barbara E. Tillman through Thomas Gilgunn 
from Scott Lindsay, Nicholas Czajkowski, and Toni Page: Verification of 
Costs and Sales for Husteel Co., Ltd. in the Administrative Review of 
Oil Country Tubular Goods, Other Than Drill Pipe, from Korea (December 
28, 2005); Memorandum to Barbara E. Tillman through Thomas Gilgunn from 
Scott Lindsay, Nicholas Czajkowski, and Toni Page: Verification of 
Costs and Sales for SeAH Co., Ltd. in the Administrative Review of Oil 
Country Tubular Goods, Other Than Drill Pipe, from Korea (December 28, 
2005); Memorandum to Barbara E. Tillman through Thomas Gilgunn from 
Scott Lindsay and Nicholas Czajkowski: CEP Sales Verification for 
Husteel USA, Inc. in the Administrative Review of Oil Country Tubular 
Goods, Other Than Drill Pipe, from Korea (December 30, 2005); and 
Memorandum to Barbara E. Tillman through Thomas Gilgunn from Scott 
Lindsay and Nicholas Czajkowski: CEP Sales Verification for Pusan Pipe 
America, Inc. in the Administrative Review of Oil Country Tubular 
Goods, Other Than Drill Pipe, from Korea (December 30, 2005).

Analysis of Comments Received

    All issues raised in the briefs and rebuttal briefs filed by 
parties to this administrative review are addressed in the Issues and 
Decision Memorandum which is hereby adopted by this notice. A list of 
the issues addressed in the Issues and Decision Memorandum is appended 
to this notice.

Changes Since the Preliminary Results

    After reviewing the Preliminary Results, we have made two changes 
to SeAH's calculations that have impacted the margin. We included an 
updated cost of production database to include sales to Canada. We also 
converted the comparison-market revenue value used to calculate 
Constructed Export Price profit from U.S. Dollars to Korean Won.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margins exist for the period August 1, 2003, through 
July 31, 2004:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
SeAH Steel Corporation..............................               6.84%
Husteel Co., Ltd....................................              12.30%
------------------------------------------------------------------------

Duty Assessment

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. Pursuant to 19 CFR 351.212(b)(1), the Department calculates an 
assessment rate for each importer of the subject merchandise for each 
respondent. Upon issuance of the final results of this administrative 
review, if any importer-specific assessment rates calculated in the 
final results are above de minimis (i.e., at or above 0.5 percent), the 
Department will issue appraisement instructions directly to CBP to 
assess antidumping duties on appropriate entries.
    To determine whether the duty assessment rates covering the period 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), for each respondent we calculated importer (or 
customer)- specific ad valorem rates by aggregating the dumping margins 
calculated for all U.S. sales to that importer or customer and dividing 
this amount by the total entered value of the sales to that importer 
(or customer). Where an importer (or customer)-specific ad valorem rate 
is greater than de minimis, and the respondent has reported reliable 
entered values, we apply the assessment rate to the entered value of 
the

[[Page 13093]]

importer's/customer's entries during the review period. Where an 
importer (or customer)- specific ad valorem rate is greater than de 
minimis and we do not have reliable entered values, we calculate a per-
unit assessment rate by aggregating the dumping duties due for all U.S. 
sales to each importer (or customer) and dividing this amount by the 
total quantity sold to that importer (or customer). The Department will 
issue appropriate assessment instructions directly to CBP within 15 
days of the final results of this review.

Cash Deposit Requirements

    The following antidumping duty deposit rates will be effective upon 
publication of the final results of this administrative review for all 
shipments of OCTG from Korea entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results, as 
provided for by section 751(a)(1) of the Act: (1) for Husteel and SeAH, 
the cash deposit rate will be the rate established in the final results 
of this review; (2) for previously reviewed or investigated companies 
not listed above, the cash deposit rate will be the company-specific 
rate established for the most recent period; (3) if the exporter is not 
a firm covered in this review, a prior review, or the less-than-fair-
value (LTFV) investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the subject merchandise; and (4) if neither the 
exporter nor the manufacturer is a firm covered by this review, a prior 
review, or the LTFV investigation, the cash deposit rate shall be the 
all others rate established in the LTFV investigation, which is 12.17 
percent. See Final Determination of Sales at Less Than Fair Value: Oil 
Country Tubular Goods from Korea, 60 FR 33561 (June 28, 1995). These 
deposit rates, when imposed, shall remain in effect until publication 
of the final results of the next administrative review.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 doubled antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(5). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 7, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.

APPENDIX

List of Issues

1. The use of China, a non-market economy, as the basis for normal 
value.
[FR Doc. E6-3632 Filed 3-13-06; 8:45 am]
BILLING CODE 3510-DS-S