Oil Country Tubular Goods from Mexico; Preliminary Results of the Sunset Review of Antidumping Duty Order, 77372-77373 [E6-22076]

Download as PDF 77372 Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Notices Dated: December 19, 2006. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E6–22078 Filed 12–22–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–201–817 Oil Country Tubular Goods from Mexico; Preliminary Results of the Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 1, 2006, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the antidumping duty order on oil country tubular goods (‘‘OCTG’’) from Mexico. On the basis of the notice of intent to participate, adequate substantive responses, and rebuttal comments filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty order pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.218(e)(2)(i). As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order would likely lead to the continuation or recurrence of dumping at the levels listed below in the section entitled ‘‘Preliminary Results of Review.’’ AGENCY: EFFECTIVE DATE: December 26, 2006. John Drury or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC, 20230; telephone: 202–482–0195 or 202–482– 3019, respectively. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: sroberts on PROD1PC70 with NOTICES Background On June 1, 2006, the Department published its notice of initiation of the sunset review of the antidumping duty order on OCTG from Mexico, in accordance with section 751(c) of the Act. See Initiation of Five–Year (‘‘Sunset’’) Reviews, 71 FR 31153 (June 1, 2006) (‘‘Notice of Initiation’’). The Department received notices of intent to participate on behalf of United States Steel Corporation and IPSCO VerDate Aug<31>2005 16:15 Dec 22, 2006 Jkt 211001 Tubulars Inc., Lone Star Steel Company, Koppel Steel (NS Group), Maverick Tube Corporation, Newport Steel (NS Group) and V&M Star LP (collectively ‘‘the domestic interested parties’’), within the 15–day deadline specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as manufacturers of a domestic– like product in the United States. The Department received complete substantive responses to the notice of initiation from the interested parties Hylsa S.A. de CV (‘‘Hylsa’’) and Tubos de Aceros de Mexico, S.A. (‘‘TAMSA’’) (collectively ‘‘respondent interested parties’’) within the 30–day deadline specified in 19 CFR 351.218(d)(3)(i). The Department received rebuttal responses from domestic interested parties to the substantive responses from the respondent interested parties on July 5, 2006, and July 14, 2006, respectively. 19 CFR 351.218(e)(1)(ii)(A) provides that the Secretary normally will conclude that respondent interested parties have provided adequate response to a notice of initiation where the Department receives complete substantive responses from respondent interested parties accounting on average for more than 50 percent, by volume, or value, if appropriate, of the total exports of the subject merchandise to the United States over the five calendar years preceding the year of publication of the notice of initiation. On July 21, 2006, the Department found that respondent interested parties accounted for more than 50 percent of exports by volume of the subject merchandise from Mexico to the United States. See Memorandum to Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, from John K. Drury entitled, ‘‘Adequacy Determination: Sunset Review of the Antidumping Duty Order on Oil Country Tubular Goods from Mexico,’’ (July 21, 2006). In accordance with 19 CFR 351.218(e)(2)(i), the Department determined to conduct a full sunset review of this antidumping duty order. On September 25, 2006, in accordance with section 751(c)(5)(B) of the Act, the Department extended the deadlines for the preliminary and final results of this sunset review by 90 days. See Oil Country Tubular Goods from Mexico; Extension of Time Limits for Preliminary and Final Results of Full Five–year (‘‘Sunset’’) Review of Antidumping Duty Order, 71 FR 55774. The final results of the full sunset review of this antidumping duty order are due on or before April 27, 2007. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Scope of the Order The merchandise covered by this order is 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). The scope of this order 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 Harmonized Tariff Schedule of the United States (‘‘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 this sunset review are addressed in the ‘‘Issues and Decision Memorandum for the Full Sunset Review of the Antidumping Duty Order on Oil Country Tubular Goods (‘‘OCTG’’) from Mexico; Preliminary Results,’’ from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated December 18, E:\FR\FM\26DEN1.SGM 26DEN1 Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Notices sroberts on PROD1PC70 with NOTICES 2006 (‘‘Decision Memo’’), which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the antidumping duty order were revoked. Parties can find a complete discussion of all issues raised in this sunset 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 Memo can be accessed directly on the Web at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. DEPARTMENT OF COMMERCE International Trade Administration (A–570–905) Preliminary Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances: Certain Polyester Staple Fiber from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 26, 2006. SUMMARY: We preliminarily determine that certain polyester staple fiber (‘‘PSF’’) from the People’s Republic of China (‘‘PRC’’) is being, or is likely to be, sold in the United States at less than Preliminary Results of Review fair value (‘‘LTFV’’), as provided in section 733 of the Tariff Act of 1930, as The Department preliminarily amended (‘‘the Act’’). The estimated determines that revocation of the margins of sales at LTFV are shown in antidumping duty order on OCTG from the ‘‘Preliminary Determination’’ Mexico is likely to lead to continuation section of this notice. or recurrence of dumping at the FOR FURTHER INFORMATION CONTACT: following weighted–average margins: Michael Holton or Paul Walker, AD/ Manufacturers/ProWeighted–Average CVD Operations, Office 9, Import ducers/Exporters Margin (Percent) Administration, International Trade Administration, U.S. Department of TAMSA ......................... 21.70 Commerce, 14th Street and Constitution Hylsa ............................. 0.62 Avenue, NW, Washington, DC, 20230; All Others ...................... 21.70 telephone: (202) 482–1324 or 482–0413, respectively. Any interested party may request a SUPPLEMENTARY INFORMATION: hearing within 30 days of publication of Initiation this notice in accordance with 19 CFR 351.310(c). Interested parties may On June 23, 2006, the Department of submit case briefs no later than 50 days Commerce (‘‘Department’’) received a petition on imports of PSF from the PRC after the date of publication of this filed in proper form by Dak Americas notice, in accordance with 19 CFR LLC., Nan Ya Plastics Corporation 351.309(c)(1)(i). Rebuttal briefs, which America, and Wellman, Inc. must be limited to issues raised in the (‘‘Petitioners’’) on behalf of the domestic case briefs, may be filed no later than industry and workers producing PSF. five days after the case briefs, in This investigation was initiated on July accordance with 19 CFR 351.309(d)(1). 13, 2006. See Initiation of Antidumping Any hearing, if requested, will be held two days after rebuttal briefs are due, in Duty Investigation: Certain Polyester Staple Fiber from the People’s Republic accordance with 19 CFR 351.310(d)(1). of China, 71 FR 41201 (July 20, 2006) The Department will issue a notice of (‘‘Initiation Notice’’). Additionally, in final results of this sunset review, which the Initiation Notice, the Department will include the results of its analysis of notified parties of the application issues raised in any such briefs, no later process by which exporters and than April 27, 2007. producers may obtain separate–rate This five–year (‘‘sunset’’) review and status in non–market economy (‘‘NME’’) notice are in accordance with sections investigations. The new process requires 751(c), 752(c), and 777(i)(1) of the Act. exporters and producers to submit a separate–rate status application. See Dated: December 18, 2006. Policy Bulletin 05.1: Separate–Rates David M. Spooner, Practice and Application of Assistant Secretary for Import Combination Rates in Antidumping Administration. Investigations involving Non–Market [FR Doc. E6–22076 Filed 12–22–06; 8:45 am] Economy Countries, (April 5, 2005), BILLING CODE 3510–DS–S (‘‘Policy Bulletin 05.1’’) available at http://ia.ita.doc.gov. However, the VerDate Aug<31>2005 16:15 Dec 22, 2006 Jkt 211001 AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 77373 standard for eligibility for a separate rate (which is whether a firm can demonstrate an absence of both de jure and de facto governmental control over its export activities) has not changed. On August 7, 2006, the United States International Trade Commission (‘‘ITC’’) issued its affirmative preliminary determination that there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury by reason of imports from the PRC of PSF. The ITC’s determination was published in the Federal Register on August 11, 2006. See Investigation No. 731–TA– 1104 (Preliminary), Certain Polyester Staple Fiber from China, 71 FR 46241 (August 11, 2006). Scope Comments The Department also set aside a 20day period from the publication of the initiation for all interested parties to raise issues regarding product coverage. The Department did not receive any comments from interested parties regarding product coverage during the 20-day period and subsequently, did not change the scope in the Initiation Notice. Quantity and Value On July 19, 2006, the Department requested quantity and value (‘‘Q&V’’) information from a total of 106 companies that Petitioners identified as potential producers or exporters of PSF from the PRC. Also, on July 19, 2006, the Department sent a letter requesting Q&V information to the China Bureau of Fair Trade for Imports & Exports (‘‘BOFT’’) of the Ministry of Commerce (‘‘MOFCOM’’) requesting that BOFT transmit the letter to all companies who manufacture and export subject merchandise to the United States, or produce the subject merchandise for the companies who were engaged in exporting the subject merchandise to the United States during the POI. For a complete list of all parties from which the Department requested Q&V information, see Memorandum to James C. Doyle, Director, AD/CVD Operations, Office 9, from Michael Holton, Sr. International Trade Compliance Analyst, AD/CVD Operations, Office 9: Selection of Respondents for the Antidumping Investigation of Polyester Staple Fiber from the People’s Republic of China, dated September 18, 2006, (‘‘Respondent Selection Memorandum’’). Between August 8, 2006, and August 21, 2006, the Department received Q&V responses from 19 interested parties. The Department did not receive any type of communication from BOFT regarding its E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 71, Number 247 (Tuesday, December 26, 2006)]
[Notices]
[Pages 77372-77373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22076]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-201-817


Oil Country Tubular Goods from Mexico; Preliminary Results of the 
Sunset Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 1, 2006, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on oil country tubular goods (``OCTG'') from Mexico. On the basis of 
the notice of intent to participate, adequate substantive responses, 
and rebuttal comments filed on behalf of the domestic and respondent 
interested parties, the Department is conducting a full sunset review 
of the antidumping duty order pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (``the Act''), and 19 CFR 351.218(e)(2)(i). As 
a result of this sunset review, the Department preliminarily finds that 
revocation of the antidumping duty order would likely lead to the 
continuation or recurrence of dumping at the levels listed below in the 
section entitled ``Preliminary Results of Review.''

EFFECTIVE DATE: December 26, 2006.

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 & Constitution 
Avenue, NW, Washington, DC, 20230; telephone: 202-482-0195 or 202-482-
3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2006, the Department published its notice of initiation 
of the sunset review of the antidumping duty order on OCTG from Mexico, 
in accordance with section 751(c) of the Act. See Initiation of Five-
Year (``Sunset'') Reviews, 71 FR 31153 (June 1, 2006) (``Notice of 
Initiation'').
    The Department received notices of intent to participate on behalf 
of United States Steel Corporation and IPSCO Tubulars Inc., Lone Star 
Steel Company, Koppel Steel (NS Group), Maverick Tube Corporation, 
Newport Steel (NS Group) and V&M Star LP (collectively ``the domestic 
interested parties''), within the 15-day deadline specified in 19 CFR 
351.218(d)(1)(i). The domestic interested parties claimed interested 
party status under section 771(9)(C) of the Act, as manufacturers of a 
domestic-like product in the United States.
    The Department received complete substantive responses to the 
notice of initiation from the interested parties Hylsa S.A. de CV 
(``Hylsa'') and Tubos de Aceros de Mexico, S.A. (``TAMSA'') 
(collectively ``respondent interested parties'') within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). The Department received 
rebuttal responses from domestic interested parties to the substantive 
responses from the respondent interested parties on July 5, 2006, and 
July 14, 2006, respectively.
    19 CFR 351.218(e)(1)(ii)(A) provides that the Secretary normally 
will conclude that respondent interested parties have provided adequate 
response to a notice of initiation where the Department receives 
complete substantive responses from respondent interested parties 
accounting on average for more than 50 percent, by volume, or value, if 
appropriate, of the total exports of the subject merchandise to the 
United States over the five calendar years preceding the year of 
publication of the notice of initiation. On July 21, 2006, the 
Department found that respondent interested parties accounted for more 
than 50 percent of exports by volume of the subject merchandise from 
Mexico to the United States. See Memorandum to Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, from John K. 
Drury entitled, ``Adequacy Determination: Sunset Review of the 
Antidumping Duty Order on Oil Country Tubular Goods from Mexico,'' 
(July 21, 2006). In accordance with 19 CFR 351.218(e)(2)(i), the 
Department determined to conduct a full sunset review of this 
antidumping duty order. On September 25, 2006, in accordance with 
section 751(c)(5)(B) of the Act, the Department extended the deadlines 
for the preliminary and final results of this sunset review by 90 days. 
See Oil Country Tubular Goods from Mexico; Extension of Time Limits for 
Preliminary and Final Results of Full Five-year (``Sunset'') Review of 
Antidumping Duty Order, 71 FR 55774.
    The final results of the full sunset review of this antidumping 
duty order are due on or before April 27, 2007.

Scope of the Order

    The merchandise covered by this order is 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). The scope of this order 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 Harmonized Tariff 
Schedule of the United States (``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 this sunset review are addressed in the 
``Issues and Decision Memorandum for the Full Sunset Review of the 
Antidumping Duty Order on Oil Country Tubular Goods (``OCTG'') from 
Mexico; Preliminary Results,'' from Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, to David M. Spooner, Assistant 
Secretary for Import Administration, dated December 18,

[[Page 77373]]

2006 (``Decision Memo''), which is hereby adopted by this notice. The 
issues discussed in the Decision Memo include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the antidumping duty order were revoked. Parties 
can find a complete discussion of all issues raised in this sunset 
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 Memo can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memo are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that revocation of the 
antidumping duty order on OCTG from Mexico is likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Producers/Exporters            Margin (Percent)
------------------------------------------------------------------------
TAMSA...............................................               21.70
Hylsa...............................................                0.62
All Others..........................................               21.70
------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). 
Interested parties may submit case briefs no later than 50 days after 
the date of publication of this notice, in accordance with 19 CFR 
351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues 
raised in the case briefs, may be filed no later than five days after 
the case briefs, in accordance with 19 CFR 351.309(d)(1). Any hearing, 
if requested, will be held two days after rebuttal briefs are due, in 
accordance with 19 CFR 351.310(d)(1). The Department will issue a 
notice of final results of this sunset review, which will include the 
results of its analysis of issues raised in any such briefs, no later 
than April 27, 2007.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: December 18, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-22076 Filed 12-22-06; 8:45 am]
BILLING CODE 3510-DS-S