[Federal Register Volume 71, Number 74 (Tuesday, April 18, 2006)]
[Notices]
[Page 19873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3742]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-810]


Notice of Implementation Under Section 129 of the Uruguay Round 
Agreements Act; Antidumping Measures Concerning Oil Country Tubular 
Goods from Argentina

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


DATES: Effective Date: March 16, 2006.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
2924 (Baker), (202) 482-0649 (James).

SUPPLEMENTARY INFORMATION:

Background

    In November 2000, the Department of Commerce (``Department'') 
published its final results of the expedited sunset review on the 
antidumping duty order on Oil Country Tubular Goods (``OCTG'') from 
Argentina and other countries. See Final Results of Expedited Sunset 
Reviews: Oil Country Tubular Goods from Argentina, Italy, Japan, and 
Korea, 65 FR 66701 (Nov. 7, 2000) (``Final Results''). The Government 
of Argentina subsequently requested dispute resolution at the World 
Trade Organization (``WTO'') to consider, inter alia, its claims that 
the Final Results were inconsistent with the WTO Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and 
Trade 1994 (``AD Agreement''). In its final report, the panel found, 
inter alia, that the Department's original determination of dumping 
could not, by itself, represent a sufficient factual basis for 
concluding that dumping continued during the life of the order. Panel 
Report, United States--Sunset Review of Antidumping Measures on Oil 
Country Tubular Goods From Argentina, WT/DS268/R (issued July 16, 
2004). The Panel also concluded that application of the ``deemed 
waiver'' provisions of the Department's regulations to Argentine 
exporters other than Siderca ``invalidated'' the Department's order-
wide likelihood determination. Id. The United States did not appeal the 
Panel's finding concerning whether an original determination of dumping 
or continued collection of antidumping duties provided an adequate 
factual basis for finding likelihood, but did appeal the Panel's 
conclusions concerning the waiver provisions. The Appellate Body 
affirmed the Panel's conclusions concerning the waiver provisions and 
the Panel and Appellate Body reports were adopted on December 17, 2006. 
See id.; and Appellate Body Report, United States--Sunset Review of 
Antidumping Measures on Oil Country Tubular Goods From Argentina, WT/
DS268/AB/R (issued Nov. 29, 2004).
    Section 123 of the Uruguay Round Agreements Act (``URAA'') governs 
the process for changes to the Department's regulations where a dispute 
settlement panel and/or the Appellate Body finds a regulatory provision 
to be inconsistent with any of the WTO agreements. Consistent with 
section 123(g)(1) of the URAA, on October 28, 2005, the Department 
published amendments to its regulations related to sunset reviews to 
conform the existing regulations tot he United States' obligations 
under Articles 6.1, 6.2, and 11.3 of the Antidumping Agreement. See 
Final Rule; Procedures for Conducting Five-Year (``Sunset'') Reviews of 
Antidumping and Countervailing Duty Orders, 70 FR 62061 (Oct. 28, 
2005). That final rule, which was effective on October 31, 2005, 
amended the ``waiver'' provisions of the regulations governing 
treatment of interested parties who do not provide a complete 
substantive response to the Department's notice of initiation of a 
sunset review and clarifies the basis for parties' participation in a 
public hearing in an expedited sunset review.
    After following the preliminary procedures required under section 
129 of the URAA, by letter dated October 31, 2005, the United States 
Trade Representative (``USTR'') requested that the Department issue a 
determination under section 129(b) of the URAA that would render the 
Department's action in the sunset review not inconsistent with the 
recommendations and findings of the DSB. On December 16, 2005, the 
Department issued such a determination, and continued to determine that 
revocation of the order would be likely to lead to continuation or 
recurrence of dumping. See Decision Memorandum, ``Section 129 
Determination: Final Results of Sunset Review, Oil Country Tubular 
Goods from Argentina,'' (Dec. 16, 2005).
    Pursuant to section 129(b)(3) of the URAA, and following 
consultations with the Department and congressional committees, on 
March 16, 2006, USTR directed the Department to implement the Section 
129 determination under section 129(b)(4) of the URAA.

Implementation

    Accordingly, the Department is publishing this notice of its 
revised final results of sunset review with respect to OCTG from 
Argentina. Consistent with the recommendations and findings of the DSB, 
the revised final results reflect the Department's analysis of whether 
revocation of the order would be likely to lead to continuation or 
recurrence of dumping. A copy of the Decision Memorandum detailing the 
Section 129 determination is available online at http://ia.ita.doc.gov, 
and is also available in the Central Records Unit in room B-099 of the 
main Department building.
    This notice of implementation is issued and published in accordance 
with section 129(c)(2)(A) of the URAA.

    Dated: April 13, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. 06-3742 Filed 4-17-06; 8:45 am]
BILLING CODE 3510-DS-M