Oil Country Tubular Goods from Japan: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 95-96 [E5-8215]

Download as PDF Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Notices revocation of this antidumping duty order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on in–shell pistachios from Iran. U.S. Customs and Border Protection will continue to collect antidumping duty deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of this order will be the date of publication in the Federal Register of this Notice of Continuation. Pursuant to section 751(c)(2) and 751(c)(6)(A) of the Act, the Department intends to initiate the next five-year review of this order not later than March 2010. This notice is in accordance with sections 751(c) and 777(i)(1) of the Act. Dated: December 23, 2005. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E5–8214 Filed 12–30–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–588–835 rmajette on DSK29S0YB1PROD with NOTICES6 Oil Country Tubular Goods from Japan: Final Results and Partial Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: On September 7, 2005, the Department of Commerce (the Department) published in the Federal Register the preliminary results and preliminary partial rescission of the administrative review of the antidumping duty order on Oil Country Tubular Goods (OCTG) from Japan. This review covers four manufactures/ exporters: JFE Steel Corporation (JFE), Nippon Steel Corporation (Nippon), NKK Tubes (NKK) and Sumitomo Metal Industries, Ltd. (SMI). The period of review (POR) covers sales of subject merchandise to the United States during the period of August 1, 2003, through July 31, 2004. We provided interested parties with an opportunity to comment on the preliminary results of review. However, we received no comments from interested parties. Consequently, no changes have been made to the dumping margins set forth in the preliminary VerDate Mar<15>2010 15:46 Nov 10, 2010 Jkt 223001 results of this administrative review. For the margins applicable to each respondent, see the ‘‘Final Results of Review’’ section of this notice. EFFECTIVE DATE: January 3, 2006. FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Kimberley Hunt, 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) 482–3148 or (202) 482– 1272, respectively. SUPPLEMENTARY INFORMATION: On September 7, 2005, the Department published in the Federal Register the preliminary results and preliminary partial rescission of the administrative review of the antidumping duty order on OCTG from Japan. See Oil Country Tubular Goods from Japan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Review, 70 FR 53161 (September 7, 2005) (Preliminary Results). No interested parties filed case briefs in response to the Department’s invitation to comment on the Preliminary Results. SCOPE OF THE ORDER The merchandise covered by this order consists of oil country tubular goods, hollow steel products of circular cross-section, including oil well casing, tubing, and drill pipe, 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, tubing, or drill pipe containing 10.5 percent or more of chromium. The products subject to this order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.21.30.00, 7304.21.60.30, 7304.21.60.45, 7304.21.60.60, 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, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 95 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. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this order is dispositive. FINAL RESULTS OF REVIEW As stated in the Preliminary Results, the Department confirmed that neither NKK nor SMI made sales of subject merchandise during the POR. Additionally, neither JFE nor Nippon participated in this review. We did not receive comments on either our preliminary decision to rescind the review with respect to NKK and SMI, nor on our decision to apply an adverse facts available (AFA) rate to JFE and Nippon.1 Accordingly, we do not have any reason to reconsider our preliminary decision. Therefore, consistent with the Department’s preliminary results of this review, and in accordance with 19 CFR § 351.213(d)(3), we are rescinding the instant review with respect to both NKK and SMI and have made no changes to the weighted–average dumping margins applied to JFE and Nippon in the preliminary results of this administrative review. We determine that the following dumping margins exist for the period August 1, 2003, through July 31, 2004: Manufacturer/Exporter JFE Steel Corporation ................ Nippon Steel Corporation ........... Margin (percent) 44.20 44.20 DUTY ASSESSMENT The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, pursuant to 19 CFR § 351.212(b). We will direct CBP to assess the dumping rate listed above against all subject merchandise manufactured or exported by JFE or Nippon, and entered or withdrawn from warehouse for consumption during the POR. For all subject merchandise 1 As AFA, we applied the highest rate from the investigation, 44.20 percent, which is also the only rate determined in the investigation. 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) (Amended Final Determination). E:\FR\FM\03JAN1.SGM 03JAN1 96 Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Notices manufactured by either NKK or SMI that was entered or withdrawn from warehouse for consumption during the POR, we will direct CBP to liquidate at the ‘‘all others’’ rate, 44.20 percent, 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 Antidumping Duties, 68 FR 23954 (May 6, 2003). The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. 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 these final results, as provided for by section 751(a)(1) of the Act: (1) for JFE and Nippon, the cash deposit rate shall be 44.20 percent (the AFA rate from the investigation); (2) for previously reviewed or investigated companies not listed above, including NKK and SMI, the cash deposit rate will continue to 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 continue to 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 Amended Final Determination. These deposit rates, when imposed, shall remain in effect until publication of the final results of the next administrative review. rmajette on DSK29S0YB1PROD with NOTICES6 NOTIFICATION TO IMPORTERS This notice 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 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. VerDate Mar<15>2010 15:46 Nov 10, 2010 Jkt 223001 ADMINISTRATIVE PROTECTIVE ORDERS This notice also serves as a reminder to parties subject to administrative protective orders (APOs) 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/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 that is subject to sanction. This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 23, 2005. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E5–8215 Filed 12–30–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–580–810, A–583–815) Welded ASTM A–312 Stainless Steel Pipe from South Korea and Taiwan: Notice of Final Results of Expedited (‘‘Sunset’’) Reviews of Antidumping Duty Orders AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 1, 2005, the Department of Commerce (‘‘the Department’’) published a notice of initiation of the second sunset reviews of the antidumping duty orders on welded ASTM A–312 stainless steel pipe (‘‘WSSP’’) from South Korea (‘‘Korea’’) and Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the basis of a notice of intent to participate and adequate substantive responses from the domestic interested parties and no response from respondent interested parties, the Department has conducted expedited sunset reviews of these antidumping duty orders. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping at the level indicated in the ‘‘Final Results of Review’’ section of this notice. EFFECTIVE DATE: January 3, 2006. FOR INFORMATION CONTACT: Dana Mermelstein or Martha Douthit, AD/ PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution, NW., Washington, DC 20230; telephone: (202) 482–1391 or (202) 482–5050, respectively. SUPPLEMENTARY INFORMATION: Background On September 1, 2005, the Department published a notice of initiation of the second sunset reviews of the antidumping duty orders on WSSP from Korea and Taiwan, pursuant to section 751(c) of the Act. See Initiation of Five-year (‘‘Sunset’’) Reviews, 70 FR 52074 (September 1, 2005). We received notices of intent to participate, in each of the two sunset reviews, on behalf of Bristol Metals, L.P. and Marcegaglia U.S.A., Inc. (collectively, ‘‘the domestic interested parties’’), within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations. The domestic interested parties claimed interested party status as producers of the subject merchandise pursuant to section 771(9)(C) of the Act. The domestic interested parties were petitioners in the original investigations, or successors to petitioners, and have participated in subsequent reviews. On September 29, 2005, the Department received complete substantive responses to the notice of initiation from the domestic interested parties within the 30-day deadline specified in section 351.218(d)(3)(i) of the Department’s regulations. The Department received no substantive responses from respondent interested parties. Based on these circumstances, pursuant to sections 751(c)(3)(B) of the Act and 351.218(e)(1)(ii)(C), the Department has conducted expedited reviews of these orders. Scope of the Orders The merchandise subject to each of these antidumping duty orders is WSSP that meets the standards and specifications set forth by the American Society for Testing and Materials (‘‘ASTM’’) for the welded form of chromium–nickel pipe designated ASTM A–312. The merchandise covered by the scope of each order also includes austenitic welded stainless steel pipes made according to the standards of other nations which are comparable to ASTM A–312. WSSP is produced by forming stainless steel flat–rolled products into a tubular configuration and welding along the seam. WSSP is a commodity product generally used as a E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Notices]
[Pages 95-96]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-8215]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-588-835


Oil Country Tubular Goods from Japan: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On September 7, 2005, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
and preliminary partial rescission of the administrative review of the 
antidumping duty order on Oil Country Tubular Goods (OCTG) from Japan. 
This review covers four manufactures/exporters: JFE Steel Corporation 
(JFE), Nippon Steel Corporation (Nippon), NKK Tubes (NKK) and Sumitomo 
Metal Industries, Ltd. (SMI). The period of review (POR) covers sales 
of subject merchandise to the United States during the period of August 
1, 2003, through July 31, 2004.
    We provided interested parties with an opportunity to comment on 
the preliminary results of review. However, we received no comments 
from interested parties. Consequently, no changes have been made to the 
dumping margins set forth in the preliminary results of this 
administrative review. For the margins applicable to each respondent, 
see the ``Final Results of Review'' section of this notice.

EFFECTIVE DATE: January 3, 2006.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Kimberley Hunt, 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-
3148 or (202) 482-1272, respectively.

SUPPLEMENTARY INFORMATION: On September 7, 2005, the Department 
published in the Federal Register the preliminary results and 
preliminary partial rescission of the administrative review of the 
antidumping duty order on OCTG from Japan. See Oil Country Tubular 
Goods from Japan: Preliminary Results of Antidumping Duty 
Administrative Review and Partial Rescission of Review, 70 FR 53161 
(September 7, 2005) (Preliminary Results). No interested parties filed 
case briefs in response to the Department's invitation to comment on 
the Preliminary Results.

SCOPE OF THE ORDER

    The merchandise covered by this order consists of oil country 
tubular goods, hollow steel products of circular cross-section, 
including oil well casing, tubing, and drill pipe, 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, tubing, or drill pipe containing 10.5 percent or more of 
chromium. The products subject to this order are currently classified 
in the Harmonized Tariff Schedule of the United States (HTSUS) under 
item numbers: 7304.21.30.00, 7304.21.60.30, 7304.21.60.45, 
7304.21.60.60, 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. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.

FINAL RESULTS OF REVIEW

    As stated in the Preliminary Results, the Department confirmed that 
neither NKK nor SMI made sales of subject merchandise during the POR. 
Additionally, neither JFE nor Nippon participated in this review. We 
did not receive comments on either our preliminary decision to rescind 
the review with respect to NKK and SMI, nor on our decision to apply an 
adverse facts available (AFA) rate to JFE and Nippon.\1\ Accordingly, 
we do not have any reason to reconsider our preliminary decision. 
Therefore, consistent with the Department's preliminary results of this 
review, and in accordance with 19 CFR Sec.  351.213(d)(3), we are 
rescinding the instant review with respect to both NKK and SMI and have 
made no changes to the weighted-average dumping margins applied to JFE 
and Nippon in the preliminary results of this administrative review.
---------------------------------------------------------------------------

    \1\ As AFA, we applied the highest rate from the investigation, 
44.20 percent, which is also the only rate determined in the 
investigation. 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) (Amended Final 
Determination).
---------------------------------------------------------------------------

    We determine that the following dumping margins exist for the 
period August 1, 2003, through July 31, 2004:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
JFE Steel Corporation.......................................       44.20
Nippon Steel Corporation....................................       44.20
------------------------------------------------------------------------

DUTY ASSESSMENT

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to 19 CFR Sec.  351.212(b). We will direct CBP to 
assess the dumping rate listed above against all subject merchandise 
manufactured or exported by JFE or Nippon, and entered or withdrawn 
from warehouse for consumption during the POR. For all subject 
merchandise

[[Page 96]]

manufactured by either NKK or SMI that was entered or withdrawn from 
warehouse for consumption during the POR, we will direct CBP to 
liquidate at the ``all others'' rate, 44.20 percent, 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 Antidumping Duties, 68 FR 23954 (May 6, 2003). The 
Department will issue appropriate assessment instructions directly to 
CBP within 15 days of publication of these final results of review.

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 these final 
results, as provided for by section 751(a)(1) of the Act: (1) for JFE 
and Nippon, the cash deposit rate shall be 44.20 percent (the AFA rate 
from the investigation); (2) for previously reviewed or investigated 
companies not listed above, including NKK and SMI, the cash deposit 
rate will continue to 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 continue to 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 Amended Final Determination. 
These deposit rates, when imposed, shall remain in effect until 
publication of the final results of the next administrative review.

NOTIFICATION TO IMPORTERS

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR Sec.  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.

ADMINISTRATIVE PROTECTIVE ORDERS

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR Sec.  351.305. Timely 
written notification of the return/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 that is 
subject to sanction.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

Dated: December 23, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-8215 Filed 12-30-05; 8:45 am]
BILLING CODE 3510-DS-S

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