Notice of Final Results and Partial Rescission of Antidumping Duty Administrative Review: Certain Oil Country Tubular Goods from Mexico, 60492-60493 [E5-5737]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Pages 60492-60493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5737]



[[Page 60492]]

-----------------------------------------------------------------------

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 10, 2005, 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, 70 FR 24517 (May 10, 2005) (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, 
2003, through July 31, 2004. We invited parties to comment on our 
Preliminary Results. Based on our analysis of comments received, we 
have made changes in the margin calculation. Therefore, the final 
results differ from the preliminary results. The final results are 
listed below in the ``Final Results of Review'' section.

EFFECTIVE DATE: October 18, 2005.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey and Abdelali Elouaradia 
at (202) 482-0193 and (202) 482-1374, respectively, AD/CVD Operations, 
Office 7, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 10, 2005, we published in the Federal Register the 
preliminary results of this antidumping review. See Preliminary 
Results.
    In response to our Preliminary Results, on June 9, 2005, we 
received case briefs from Hylsa and United States Steel Corporation 
(petitioner). Both parties submitted rebuttal briefs on June 17, 2005. 
IPSCO Tubulars, Inc., Lone Star Steel Company and Maverick Tube 
Corporation (domestic interested parties) also issued rebuttal briefs 
on June 14, 2005. Both Hylsa and petitioner requested a public hearing, 
which took place on July 12, 2005.
    Because it was not practicable to complete the final results of 
this review within the original time period, the Department extended of 
the time limit for completion of the final results of this 
administrative review in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act). See Oil Country Tubular Goods 
from Mexico: Extension of Time Limit for the Final Results of the 
Antidumping Duty Administrative Review, 70 FR 48102 (August 16, 2005).

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 are 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). This scope 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 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 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 Barbara E. Tillman, Acting 
Deputy Assistant Secretary for Import Administration to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
October 7, 2005, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memo, 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 https://www.ia.ita.doc.gov. 
The paper copy and electronic version of the Decision Memo are 
identical in content.

Change Since the Preliminary Results

    Based on our analysis of comments received, we have made the 
following changes for the final results:
1. For the final results, we used entry date to define those sales used 
in our analysis.
2. For the calculation of constructed value profit, we have taken into 
account amounts incurred for certain general and administrative and 
interest expenses.
3. For the calculation of constructed value profit, we have applied the 
profit ratio to the cost of manufacturing.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average dumping margin exists for the POR:

------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    Average Margin
                                                            (percent)
------------------------------------------------------------------------
Hylsa, S.A. de C.V.....................................           1.48
------------------------------------------------------------------------


[[Page 60493]]

Assessment Rates

    Pursuant to 19 CFR 351.212(b), the Department calculates an 
assessment rate for each importer of the subject merchandise. Upon 
issuance of the final results of this review, if any importer-specific 
assessment rates calculated in the final results are above de minimis 
(i.e., at or above 0.50 percent), the Department will issue assessment 
instructions directly to the U.S. Customs and Border Protection (CBP) 
to assess antidumping duties on appropriate entries by applying the 
assessment rate to the entered value of the merchandise. 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.
    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: October 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.

Appendix

List of Issues
1. Entry Date
2. Constructed Value Profit
3. Limited-Service and Regular-Grade OCTG
4. Offsetting for Export Sales that Exceed Normal Value
[FR Doc. E5-5737 Filed 10-17-05; 8:45 am]
BILLING CODE 3510-DS-S