[Federal Register Volume 71, Number 180 (Monday, September 18, 2006)]
[Notices]
[Pages 54614-54615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15478]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-817]
Notice of Final Results and Partial Rescission of Antidumping
Duty Administrative Review: Certain Oil Country Tubular Goods from
Mexico
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 12, 2006, the U.S. Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping order covering certain oil country tubular
goods from Mexico. See Certain Oil Country Tubular Goods from Mexico;
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission, 71 FR 27676 (May 12, 2006) (``Preliminary
Results''). The review covers producers Hylsa, S.A. de C.V. (``Hylsa'')
and Tubos de Acero de Mexico, S.A. (``Tamsa''). The period of review
(``POR'') is August 1, 2004, through July 31, 2005. We invited parties
to comment on our Preliminary Results. Based on our analysis of
comments received, we made one change in the margin calculation, but
the margin remained unchanged from the preliminary results. The final
results are listed below in the ``Final Results of Review'' section.
EFFECTIVE DATE: September 18, 2006.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or David Kurt Kraus,
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-
0193 or (202) 482-7871, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 12, 2006, we published in the Federal Register the
preliminary results of this antidumping review. See Preliminary
Results. In response to our Preliminary Results, on June 12, 2006, we
received case briefs from Hylsa and U.S. Steel (``petitioner''). On
June 12, 2006, both Hylsa and petitioner requested a public hearing. On
June 15, 2006, both Hylsa and petitioner withdrew their requests for a
hearing. Both parties submitted rebuttal briefs on June 19, 2006.
Partial Rescission
In our preliminary results, we announced our preliminary decision
to rescind the review with respect to Tamsa because Tamsa had no
entries of oil country tubular goods from Mexico during the POR. See
Preliminary Results. We have received no new information contradicting
the decision. Therefore, we are rescinding the administrative review
with respect to Tamsa.
Scope of the Order
The merchandise covered by this order is oil country tubular goods
(OCTG), 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). The scope of this order does not
cover casing or tubing pipe containing 10.5 percent or more of
chromium, or drill pipe. 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. 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
[[Page 54615]]
Scope Decision, August 27, 1998. The HTSUS subheadings are provided for
convenience and customs purposes. Our written description of the scope
of this order is dispositive.
Analysis of Comments Received
All issues raised in case and rebuttal briefs submitted by parties
to this administrative review are addressed in the ``Issues and
Decision Memorandum'' (Decision Memo) from Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, to David M. Spooner,
Assistant Secretary for Import Administration, dated September 11,
2006, which is hereby adopted by this notice. The issues the parties
have raised and our responses to them are included in the Decision Memo
that 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 room B-099 of the main Department building. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the internet at http://ia.ita.doc.gov. The paper copy and electronic
version of the Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made the
following changes for the final results:
1. We have treated U.S. warranty expense as a direct selling
expense.
2. We have excluded imputed inventory carrying cost and imputed
credit from the calculation of financial expense for constructed value.
3. We revised Hylsa's profit calculation to reflect the increases
in constructed value (RFCV).
Final Results of Review
As a result of our review, we determine that the following
weighted-average dumping margin exists for the POR:
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (percent)
------------------------------------------------------------------------
Hylsa, S.A. de C.V.................................. 0.62
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b). The Department calculated
importer-specific duty assessment rates on the basis of the ratio of
the total amount of antidumping duties calculated for the examined
sales to the total entered value of the examined sales for that
importer. The Department clarified its ``automatic assessment''
regulation on May 6, 2003. See Notice of Policy Concerning Assessment
of Antidumping Duties, 68 FR 23954 (May 6, 2003). This clarification
applies to entries of subject merchandise during the period of review
produced by companies included in these final results for which the
reviewed companies did not know their merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate (reseller) company(ies) involved in the transaction.
As the merchandise subject to this order is exported from Mexico,
pursuant to 19 CFR 356.8, the Department will issue appropriate
assessment instructions directly to CBP on or after the 41\st\ day
after publication of these final results of review. We will direct CBP
to assess the appropriate assessment rate against the entered CBP
values for the subject merchandise on each of the importer's entries
under the relevant order 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 OCTG from Mexico entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the 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
rate 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 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 merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 23.79 percent. This rate
is the ``All Others'' rate from the LTFV investigation. See Antidumping
Duty Order: Oil Country Tubular Goods From Mexico, 60 FR 41056 (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 final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping 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 or countervailing duties
occurred and the subsequent assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return or 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 violation, which
is subject to sanction.
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 11, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix - Issues and Decision Memorandum
1. Offsetting for Export Sales that Exceed Normal Value
2. Limited-Service and Regular-Grade OCTG
3. Brokerage and Handling
4. Warranty Expenses
5. Steel Scrap Purchases
6. Investment Income
7. Inventory Carrying Cost
[FR Doc. E6-15478 Filed 9-15-06; 8:45 am]
BILLING CODE 3510-DS-S