[Federal Register Volume 72, Number 84 (Wednesday, May 2, 2007)]
[Notices]
[Pages 24275-24277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8383]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-835]


Oil Country Tubular Goods from Japan: Preliminary Results of 
Antidumping Duty Administrative Review and Intent to Rescind 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on oil country 
tubular goods (OCTG) from Japan in response to a request by United 
States Steel Corporation, one of the petitioners in the original 
investigation (Petitioner). Petitioner requested administrative reviews 
of JFE Steel Corporation (JFE), Nippon Steel Corporation (Nippon), NKK 
Tubes (NKK) and Sumitomo Metal Industries, Ltd. (SMI). This review 
covers sales of subject merchandise to the United States during the 
period of August 1, 2005 through July 31, 2006.
    We preliminarily determine that all four companies had no 
reviewable sales of subject merchandise to the United States during the 
period of review (POR). Accordingly, we preliminarily determine that 
the review of these four companies should be rescinded in accordance 
with 19 CFR 351.213(d)(3). Interested parties are invited to comment on 
these preliminary results. See ``Intent to Rescind the Administrative 
Review'' section of this notice.

EFFECTIVE DATE: May 2, 2007.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Dana Mermelstein, AD/
CVD Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1396 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 24276]]

Background

    On August 11, 1995, the Department published the antidumping duty 
order on OCTG from Japan in the Federal Register (60 FR 41058). On 
August 1, 2006, the Department published a notice of opportunity to 
request an administrative review of this order (71 FR 43441). On August 
31, 2006, the Department received a timely request for review from 
Petitioner, covering JFE, Nippon, NKK and SMI.\1\ On September 29, 
2006, we published a notice initiating an administrative review of the 
antidumping order on OCTG from Japan. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 71 FR 57465 (September 29, 
2006).
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    \1\ In a previous review, the Department found that SMI and 
Sumitomo Corporation (SC) were affiliated and treated them as a 
single entity. See Oil Country Tubular Goods From Japan; Preliminary 
Results and Rescission in Part of Antidumping Duty Administrative 
Review, 64 FR 48589 (September 7, 1999); Oil Country Tubular Goods 
From Japan; Final Results of Antidumping Duty Administrative Review, 
65 FR 15305 (March 22, 2000). Neither SMI nor SC has placed 
information on the record of this review suggesting that the basis 
for this finding has changed.
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    The Department issued the original questionnaire on November 1, 
2006. On November 17, 2006, JFE submitted a certification that it had 
no reportable sales during the POR, and requested prompt rescission of 
the review with respect to JFE. Also on November 17, 2006, Nippon 
responded and certified that it had no sales of subject merchandise to 
or in the United States during the POR. On November 22, 2006, NKK 
submitted a no shipment certification and requested expeditious 
rescission of the review with respect to NKK. Finally, on December 8, 
2006, SMI responded that it did not have any U.S. sales or shipments of 
subject merchandise during the POR. The Department issued follow-up 
supplemental questionnaires to these four respondents, and received 
timely responses from them, providing further explanation and 
documentation concerning their claims of no shipments during the POR.

Period of Review

    This review covers the period August 1, 2005 through July 31, 2006.

Scope of the 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 sub-headings: 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.
    As a result of recent changes to the Harmonized Tariff Schedule, 
effective February 2, 2007, the subject merchandise is also 
classifiable under the following additional HTS item numbers: 
7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 
7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 
7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 
7304.29.41.60, 7304.29.41.80, 7304.29.61.15, 7304.29.61.30, 
7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7306.29.10.30, 
7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 
7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
    The HTSUS sub-headings are provided for convenience and customs 
purposes only. The written description of the scope of the order 
remains dispositive.

Intent to Rescind the Administrative Review

    In response to our questionnaires, all four respondents submitted 
certified statements claiming no U.S. sales or shipments of subject 
merchandise during the POR. The petitioner did not comment on the 
claims. In order to corroborate the no-shipment statements, the 
Department requested information from U.S. Customs and Border 
Protection (CBP). Such information showed entries of subject 
merchandise produced by the four respondents during the POR. We 
requested additional information from the four respondents based on the 
CBP information. Based on our analysis of the CBP information and the 
information provided by the respondents, we find that these four 
companies had no reviewable sales of subject merchandise. Since much of 
the information and documentation provided by CBP or submitted by 
respondents to demonstrate the circumstances of each of the entries is 
business proprietary, a complete analysis of the Department's 
determination that none of the entries constitute reviewable sales 
during the POR is set forth in the Memorandum from Jun Jack Zhao, Case 
Analyst, AD/CVD Operations Office 6 to Barbara E. Tillman, Director, 
Analysis Memorandum regarding the Administrative Review of the 
Antidumping Duty Order on Oil Country Tubular Goods from Japan (A-588-
835), dated concurrently with this notice. A public version of the 
memorandum is on file in Room B-099, the Central Records Unit of the 
main Commerce Building. Therefore, in accordance with 19 CFR 
351.213(d)(3), we intend to rescind the administrative review of all 
four respondents.

Duty Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries, pursuant to 19 CFR 351.212(b). If we 
determine in the final results that this review should be rescinded 
with respect to JFE, NKK, Nippon and SMI because these companies had no 
reviewable sales of subject merchandise to the United States during the 
POR, we will direct CBP to liquidate all entries of subject merchandise 
manufactured by these four companies, and entered or withdrawn from 
warehouse for consumption during the POR, at the ``all others'' rate, 
44.20 percent \2\, as all such sales were made by intermediary 
companies (e.g., resellers) not covered in this review, a prior review, 
or the less than fair value (LTFV) investigation. See Antidumping and 
Countervailing Duty Proceedings: Assessment of

[[Page 24277]]

Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    \2\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Oil Country Tubular 
Goods from Japan, 60 FR 155 (August 11, 1995) (Final Determination).
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Cash Deposit Requirements

    The following cash deposit rates will be effective with respect to 
all shipments of OCTG from Japan 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 Tariff Act of 1930, as 
amended (the Act): (1) for all four companies, JFE, NKK, Nippon and 
SMI, the cash deposit rate will remain unchanged and will be the 
company-specific rate established for the most recent period; (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 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 44.20 percent. See Final Determination. These 
deposit rates, when imposed, shall remain in effect until further 
notice.

Public Comment

    Pursuant to 19 CFR 351.309, interested parties may submit written 
comments in response to this notice of intent to rescind the 
administrative review. Unless the deadline is extended by the 
Department, case briefs are to be submitted within 30 days after the 
date of publication of this notice, and rebuttal briefs, limited to 
arguments raised in case briefs, are to be submitted no later than five 
days after the time limit for filing case briefs. Parties who submit 
arguments in this proceeding are requested to submit with the argument: 
(1) a statement of the issues, and (2) a brief summary of the argument. 
Case and rebuttal briefs must be served on interested parties in 
accordance with 19 CFR 351.303(f).
    Also, pursuant to 19 CFR 351.310(c), within 30 days of the date of 
publication of this notice, interested parties may request a public 
hearing on arguments to be raised in the case and rebuttal briefs. 
Unless the Department specifies otherwise, the hearing, if requested, 
will be held two days after the date for submission of rebuttal briefs. 
Parties will be notified of the time and location.
    The Department will publish the final results of this 
administrative review, including the results of its analysis of issues 
raised in any case or rebuttal brief, no later than 120 days after 
publication of these preliminary results, unless extended. See 19 CFR 
351.213(h).

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under
    19 CFR 351.402(f) 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 double 
antidumping duties.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 25, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-8383 Filed 5-1-07; 8:45 am]
BILLING CODE 3510-DS-S