[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Notices]
[Page 55747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19325]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-817]


Oil Country Tubular Goods from Mexico: Notice of NAFTA Bi-
National Panel's Final Decision, Amended Final Results of Full Sunset 
Review and Revocation of Antidumping Duty Order

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

SUMMARY: On September 5, 2007, the North American Free Trade Agreement 
(``NAFTA'') Secretariat published in the Federal Register a notice of 
completion of panel review of the final remand redetermination made by 
the U.S. Department of Commerce (the Department) concerning the full 
sunset review of the antidumping duty order on oil country tubular 
goods (OCTG) from Mexico. See North American Free-Trade Agreement, 
Article 1904 NAFTA Panel Reviews; Completion of Panel Review, 72 FR 
50934 (September 5, 2007). As there is now a final and conclusive 
decision in this case, we are amending the final results of the full 
sunset review and revoking the antidumping duty order on OCTG from 
Mexico.

EFFECTIVE DATE: October 1, 2007.

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

SUPPLEMENTARY INFORMATION: This case arises out of the Department's 
determination in the final results of the first sunset review covering 
entries for the five years following the publication date of the 
antidumping duty order, 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''). 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 
pursuant to article 1904 of the NAFTA 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 NAFTA Panel decisions of February 11, 2005, 
February 8, 2006, July 28, 2006, January 17, 2007, and June 1, 2007.
    On June 11, 2007, consistent with the Panel's order of June 1, 
2007, the Department issued a remand redetermination 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.
    Pursuant to Section 516A(g)(5)(B) of the Tariff Act of 1930, as 
amended (the Act), and 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'') regarding 
publication requirements, the Department published its notice of the 
NAFTA Panel decision that was not ``in harmony'' with the Department's 
determination from the Final Results. See Oil Country Tubular Goods 
from Mexico: Notice of NAFTA Panel Decision Not in Harmony with Final 
Results of Sunset Administrative Review, 72 FR 49702 (August 29, 2007), 
with an effective date of August 9, 2007. The Department continued the 
suspension of liquidation of the subject merchandise pending the 
expiration of the period for requesting an Extraordinary Challenge 
Committee (``ECC''). We note that the period to request an ECC has 
expired and no ECC request has been filed.
    On September 5, 2007, the NAFTA Secretariat published in the 
Federal Register its Notice of Completion of Panel Review. Therefore, 
because there is a final Panel decision in this case, the Department is 
amending the final sunset review and revoking the antidumping duty 
order on OCTG from Mexico.

Termination of Suspension of Liquidation

    The Department is revoking the antidumping duty order on OCTG from 
Mexico, pursuant to section 751(d) of the Act. Pursuant to sections 
751(d)(2) and 751(d)(3) of the Act, and 19 CFR 351.222(i)(2)(i), the 
effective date of revocation is August 11, 2000. The Department will 
notify U.S. Customs and Border Protection to discontinue suspension of 
liquidation and collection of cash deposits on entries of the subject 
merchandise entered or withdrawn from warehouse, on or after August 11, 
2000, the effective date of revocation of this antidumping duty order.
    This notice also serves as the only 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 351.305 of the Department's regulations. 
Timely notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice is in accordance with section 751(d)(2) and is 
published pursuant to section 777(i)(1) of the Act.

    Dated: September 21, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-19325 Filed 9-28-07; 8:45 am]
BILLING CODE 3510-DS-S