[Federal Register Volume 72, Number 66 (Friday, April 6, 2007)]
[Notices]
[Pages 17110-17111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6512]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-817]


Oil Country Tubular Goods from Mexico: Amended Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 16, 2007, a Bi-National Panel (``Panel'') 
constituted under the North American Free Trade Agreement (``NAFTA'') 
affirmed the U.S. Department of Commerce's (``the Department's'') 
redetermination on remand of the final results of the fourth 
antidumping duty administrative review on oil country tubular goods 
from Mexico. See In the Matter of: Oil Country Tubular Goods from 
Mexico; Final Results of Antidumping Duty Review and Determination Not 
to Revoke, USA-MEX-2001-1904-05. The Department is now issuing these 
amended final results for this fourth

[[Page 17111]]

administrative review to reflect the Panel's decision.

EFFECTIVE DATE: April 6, 2007.

FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD 
Operations, Office 7, Import Administration, U.S. Department of 
Commerce, 14 \th\ Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-0195 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 21, 2001, the Department published the final results of 
the antidumping duty administrative review on oil country tubular goods 
(``OCTG'') for the period August 1, 1998 to July 31, 1999. See Oil 
Country Tubular Goods from Mexico: Final Results of Antidumping Review 
and Determination Not To Revoke in Part, 66 FR 15832 (``Final 
Results'') and accompanying Issues and Decision Memorandum (``Decision 
Memo''). The Department reviewed sales to the United States by Hylsa 
S.A. de C.V. (``Hylsa'') and Tubos de Aceros de Mexico, S.A. 
(``TAMSA''), both Mexican producers of OCTG. In the fourth 
administrative review, both TAMSA and Hylsa requested revocation from 
the order in accordance with 19 CFR Sec.  351.222(e)(1). The Department 
declined to revoke the order in part with respect to TAMSA, as it 
determined that TAMSA ``did not sell the subject merchandise in the 
United States in commercial quantities in each of the three years cited 
by TAMSA to support its request for revocation.'' See Decision Memo at 
page 10. The Department declined to revoke the order in part with 
respect to Hylsa due to the finding of a dumping margin in the Final 
Results. Id. at 23.
    Subsequent to the completion of the fourth administrative review, 
both Hylsa and TAMSA challenged the Department's findings and requested 
that a Bi-National Panel review the final determination. A public 
hearing was held on July 20, 2005, in Washington, D.C., at which oral 
arguments were presented by the parties. The Panel issued a Decision of 
the Panel on January 27, 2006, upholding the Department's 
determinations with respect to TAMSA, but remanding the review to the 
Department with respect to Hylsa (i.e., to recalculate Hylsa's packing 
cost and cost of production (``COP'') on a product-specific basis). See 
In the Matter of: Oil Country Tubular Goods from Mexico; Final Results 
of Antidumping Duty Administrative Review and Determination Not to 
Revoke, USA-MEX-01-1904-05 (January 27, 2006) (``First Decision'').
    In accordance with the First Decision, the Department filed its 
remand results on April 27, 2006. Based on the instructions of the 
Panel, the Department recalculated Hylsa's packing and cost of 
production by product costs and calculated a new antidumping duty 
margin of zero for Hylsa. The Department then conducted a revocation 
analysis, but found that Hylsa did not ship in commercial quantities to 
the U.S. market during the time period under consideration and found 
that dumping by Hylsa in the ninth administrative review was relevant 
to the determination of whether the antidumping duty order was 
otherwise necessary to offset dumping. Based on these factors, the 
Department declined to revoke the order. See Redetermination on Remand, 
Oil Country Tubular Goods from Mexico: Fourth Administrative Review, 
April 27, 2006.
    On August 11, 2006, the Panel again remanded the decision to the 
Department for further consideration. See In the Matter of: Oil Country 
Tubular Goods from Mexico; Final Results of Antidumping Duty 
Administrative Review and Determination Not to Revoke, USA-MEX-01-1904-
05 (August 11, 2006) (``Second Decision''). The Panel rejected the 
Department's reliance on the results of the ninth administrative review 
and also directed the Department to reexamine its revocation analysis 
``in light of the issues raised by the Panel.'' Id. at 21. In 
accordance with the Second Decision, the Department reexamined Hylsa's 
request for revocation under 19 CFR Sec.  351.222(e)(1) and determined 
that Hylsa had not made sales in commercial quantities for the three 
review periods under analysis. See Redetermination on Remand, Oil 
Country Tubular Goods from Mexico: Fourth Administrative Review, 
October 5, 2006 at 13-16.
    On January 16, 2007, the Panel affirmed the Department's second 
remand redetermination. See In the Matter of: Oil Country Tubular Goods 
from Mexico; Final Results of Antidumping Duty Administrative Review 
and Determination Not to Revoke, USA-MEX-01-1904-05 (January 16, 2007). 
The Panel issued its Notice of Final Panel Action on February 2, 2007. 
On March 14, 2007, the NAFTA Secretariat published a notice of 
completion of the panel review. See North American Free-Trade 
Agreement, Article 1904 NAFTA Panel Reviews; Notice of Completion of 
Panel Review, 72 FR 11847 (March 14, 2007). The Department also 
published a notice of the NAFTA decision not in harmony with the final 
results of the fourth administrative review. See Oil Country Tubular 
Goods from Mexico: Notice of NAFTA Panel Decision Not In Harmony With 
Final Results of Administrative Review, 72 FR 12761 (March 19, 2007).

Amendment to Final Results

    We are now amending the final results of this administrative review 
to reflect the final decision of the Panel. The changes to our 
calculations with respect to Hylsa resulted in a change in the 
weighted-average margin from 0.79 percent to zero percent for the 
period of review. The Department will instruct U.S. Customs and Border 
Protection to liquidate entries of OCTG from Mexico produced by TAMSA 
and Hylsa at the assessment rates the Department calculated for these 
amended final results of review.

Assessment

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection 41 days after the date of publication of 
this decision. See section 356.8(a) of the Department's regulations.
    This notice serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR Sec.  351.305(a)(3). Timely written 
notification of the return or destruction of APO materials is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as 
amended.

    Dated: April 2, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-6512 Filed 4-5-03; 8:45 am]
BILLING CODE 3510-DS-S