[Federal Register Volume 72, Number 167 (Wednesday, August 29, 2007)]
[Notices]
[Pages 49702-49703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17115]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-817]


Oil Country Tubular Goods from Mexico: Notice of NAFTA Panel 
Decision Not In Harmony With Final Results of Sunset Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 19, 2007, a Bi-National Panel (``Panel'') constituted 
under the North American Free Trade Agreement (``NAFTA'') affirmed the 
Department of Commerce's (``the Department's'') redetermination on 
remand of the final results of the sunset review on oil country tubular 
goods from Mexico. See In the Matter of: Oil Country Tubular Goods from 
Mexico; Final Results of Sunset Review of the Antidumping Duty Order, 
USA-MEX-2001-1904-03 (July 19, 2007) (``NAFTA Final Decision''). The 
Panel issued its Notice of Final Panel Action in the above-referenced 
matter on July 30, 2007. This case arises out of the Department's 
determination in the final results of the first sunset review covering 
entries for the five years after August 11, 1995. See Oil Country 
Tubular Goods (``OCTG'') from Mexico: Final Results of Sunset Review of 
Antidumping Order, 66 FR 14131 (March 9, 2001) and accompanying Issues 
and Decision Memorandum (``Final Results''). Consistent with the 
decision of the United States Court of Appeals for the Federal Circuit 
in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(``Timken''), the Department is notifying the public that the NAFTA 
Final Decision and the Notice of Final Panel Action are not in harmony 
with the Department's Final Results.

EFFECTIVE DATE: August 9, 2007

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

SUPPLEMENTARY INFORMATION: In the Final Results, the Department 
determined that revocation of the antidumping duty order would likely 
lead to the continuation or recurrence of dumping. Subsequent to the 
completion of the sunset review, Tubos de Aceros de Mexico, S.A. 
(``TAMSA'') challenged the Department's findings and requested that a 
Bi-National Panel review the final determination. From 2005 to 2007, 
the Panel issued multiple decisions remanding various aspects of the 
Department's decision to the agency. See Panel decisions of February 
11, 2005, February 3, 2006, July 28, 2006, and January 17, 2007. In 
response to the Panel's January 17, 2007, order, the Department 
analyzed the redetermination on remand and found that TAMSA's 'other 
factors' did not outweigh the likelihood presumption of dumping due to 
the virtual cessation of exports of OCTG by TAMSA during the five-year 
review period. The Panel disagreed with the Department's factual and 
legal conclusions with regard to the issues, and remanded the review to 
the Department on June 1, 2007, with instructions that the Department 
``make a determination consistent with the decision of this Panel to 
the effect that the evidence on the record does not support a finding 
of likelihood of recurrence or continuation of dumping upon revocation 
of the antidumping duty order.'' See In the Matter of: Oil Country 
Tubular Goods from Mexico; Final Results of Sunset Review of the 
Antidumping Duty Order, USA-MEX-2001-1904-03 (June 1, 2007) at page 27.
    Consistent with the Panel's instructions, the Department issued a 
determination on June 11, 2007, where the Department ``made a 
determination to the effect that the evidence on the record does not 
support a finding or likelihood of recurrence or continuation of 
dumping upon revocation of the antidumping duty order.'' See Fifth 
Redetermination on Remand, Oil Country Tubular Goods from Mexico: 
Sunset Review, (June 11, 2007) at page 2. On July 19, 2007, the Panel 
affirmed the Department's fifth remand redetermination. See NAFTA Final 
Decision. The Panel issued its Notice of Final Panel Action on July 30, 
2007.

[[Page 49703]]

    In Timken, the Federal Circuit held that, pursuant to section 
516A(e) of the Tariff Act of 1930, as amended (``the Act''), the 
Department must publish a notice of a court decision that is not ``in 
harmony'' with a Department determination, and must suspend liquidation 
of entries pending a ``conclusive'' court decision. Timken, 393 F.2d at 
341. Because NAFTA panels step into the shoes of the courts they are 
replacing, they must apply the law of the national court that would 
otherwise review the administrative determination. Therefore, we are 
publishing notice that the Panel's Notice of Final Panel Action and its 
NAFTA Final Decision are not in harmony with the Department's Final 
Results. This notice is published in fulfillment of the publication 
requirements of Timken. Accordingly, the Department will continue the 
suspension of liquidation of the subject merchandise pending the 
expiration of the period for requesting an Extraordinary Challenge 
Committee (``ECC''). If an ECC request is not filed, or if an ECC 
request is filed, and the Panel's decision is upheld, the Department 
will instruct U.S. Customs and Border Protection to liquidate the 
subject merchandise without regard to dumping duties.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: August 21, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-17115 Filed 8-28-07; 8:45 am]
BILLING CODE 3510-DS-S