Oil Country Tubular Goods from Japan: Notice of Intent to Rescind Antidumping Duty Administrative Review, 35865-35867 [E6-9880]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Notices]
[Pages 35865-35867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9880]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-835]


Oil Country Tubular Goods from Japan: Notice of Intent to Rescind 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an

[[Page 35866]]

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, 2004 through July 31, 2005.
    We preliminarily determine that JFE and NKK had no shipments of 
subject merchandise to the United States during the period of review 
(POR), and that Nippon and SMI had no reviewable sales of subject 
merchandise during the 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that the review of these four companies should be rescinded in 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 the ``Intent to Rescind the 
Administrative Review'' section of this notice.

EFFECTIVE DATE: June 22, 2006.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Jun Jack Zhao, 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) 482-1396, respectively.

SUPPLEMENTARY INFORMATION:

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, 2005, the Department published a notice of opportunity to 
request an administrative review of this order (70 FR 44085). On August 
31, 2005, the Department received a timely request for review from 
Petitioner, covering JFE, Nippon, NKK and SMI.\1\ On September 28, 
2005, 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 and Requests for Revocation 
in Part, 70 FR 56631 (September 28, 2005).
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    \1\ The Department found SMI and Sumitomo Corporation (SC) to be 
affiliated in a previous review. See Oil Country Tubular Goods From 
Japan; Preliminary Results and Rescission in Part of Antidumping 
Duty Administrative Review, 64 FR 48589, 48591 (September 7, 1999). 
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 October 27, 
2005. On November 16, 2005, JFE submitted a no shipment sales 
certification and requested prompt rescission of the review with 
respect to JFE. On December 5, 2005, Nippon responded that it had no 
sales of subject merchandise to or in the United States during the 
period of review. On December 5, 2005, NKK submitted a no shipment 
certification and requested expeditious rescission of the review with 
respect to NKK. Also on December 5, 2005, SMI responded that it did not 
have any U.S. sales or shipments of subject merchandise during the POR. 
The Department issued several supplemental questionnaires, and received 
a response by Nippon on March 13, 2006, and responses by SMI on March 
14, April 25, May 2, May 24, June 6 and June 9, 2006, providing further 
explanation and documentation concerning their claims of no shipments 
during the POR.
    On April 26, 2006, the Department extended the deadline for the 
preliminary results of this antidumping duty administrative review 
until June 19, 2006. See Oil Country Tubular Goods from Japan: Notice 
of Extension of Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review, 71 FR 24640 (April 26, 2006).

Period of Review

    This review covers the period August 1, 2004, through July 31, 
2005.

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.

Analysis

Intent to Rescind the Administrative Review

    In response to our questionnaire, 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 no entries of subject 
merchandise produced by JFE and NKK during the POR. Nippon and SMI had 
entries but based on our analysis of the supporting documentation, we 
find that these two companies had no reviewable sales of subject 
merchandise. Since much of the information and documentation submitted 
by Nippon and SMI to demonstrate the circumstances of each of their 
entries is business proprietary, a complete analysis of the 
Department's determination that none of Nippon and SMI's entries 
constitute reviewable sales during the POR is set forth in the 
memorandum from Jun Jack Zhao to Barbara E. Tillman through Dana 
Mermelstein, Analysis Memorandum regarding the Administrative Review of 
the Antidumping Duty Order on Oil Country Tubular Goods from Japan (A-
588-835), dated June 19, 2006. Therefore, in accordance with section 
351.213(d)(3) of the Department's regulations, we intend to rescind the 
administrative review of all four respondents.

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Duty Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries, pursuant to 19 CFR Sec.  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 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, 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).

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 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 
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). These deposit rates, when imposed, shall remain 
in effect until publication of the final results of the next 
administrative review.

Public Comment

    Pursuant to section 351.309 of the Department's regulations, 
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 section 351.303(f) of the 
Department's regulations.
    Also, pursuant to section 351.310(c) of the Department's 
regulations, 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 
section 351.213(h).

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
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 Tariff Act of 
1930, as amended.

    Dated: June 15, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-9880 Filed 6-21-06; 8:45 am]
BILLING CODE 3510-DS-S