Oil Country Tubular Goods from Mexico: Amended Final Results of Antidumping Duty Administrative Review, 17110-17111 [E7-6512]

Download as PDF 17110 Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices Incomplete Requests for Review We have not initiated administrative reviews with respect to the companies listed below which the Department was unable to locate in prior segments and for which no new information as to the party’s location was provided by the requestor. Although the LSA requested that the Department reconsider this decision, we continue to find that it is inappropriate to initiate an administrative review of companies which we know that we cannot locate. Based on previous unsuccessful efforts by the Department to locate these companies, further efforts would be futile, absent new information as to their location. Brazil Aquamaris Aquaculture SA Camaros do Brasil Ltda. Camexim Captura Mec Exports Imports Campi Camaroa do Piaui Ltda. Juno Ind & Com de Pescados Ortico Produvale Produtos do Vale Ltda. Seafarm Criacao E Comericio de Produtos Aquaticos Ltda. SM Trading Industria E Comercio Ltda. Terracor Tdg Exp. E Imp. Ltda. Ecuador Brimon, S.A. pwalker on PROD1PC71 with NOTICES India Adani Exportse Alfuzz Frozen Foods Pvt. Ltd. AMI Enterprises Baby Marine Sarass Bengal Marine Pvt. Ltd. Bluefin Enterprises Central Calcutta Cold Storage Exporter Coreline Exports Fernando Intercontinental Gadre Marine Exports Galaxy Maritech Exports P. Ltd. Indo Aquatics Lourde Exports Markoorlose Sea Foods Msngr Aqua Intl Noorani Exports Pvt. Ltd. Overseas Marine Export Premier Seafoods Exim (P) Ltd. Razban Seafoods Ltd. Reddy & Reddy Importers & Exports Riviera Exports Pvt. Ltd. S & S Seafoods Safa Enterprises Santhi Fisheries & Exports Ltd. Shivaganga Marine Products Shroff Processed Food & Cold ZStorage P Ltd. Tim Tim Far East Export Trading Co.(P) Ltd V.S Exim Pvt Ltd. Thailand Assoc. Commercial Systems VerDate Aug<31>2005 18:39 Apr 05, 2007 Jkt 211001 Daiho (Thailand) Co., Ltd. Frozen Marine Products Co., Ltd. Yong Siam Enterprise Co., Ltd. Selection of Respondents Section 777A(c)(1) of the Act directs the Department to calculate individual dumping margins for each known exporter and producer of the subject merchandise. Where it is not practicable to examine all known producers/ exporters of subject merchandise because of the large number of such companies, section 777A(c)(2) of the Act permits the Department to limit its examination to either: (1) A sample of exporters, producers or types of products that is statistically valid based on the information available at the time of selection; or (2) exporters and producers accounting for the largest volume of subject merchandise from the exporting country that can be reasonably examined. Due to the large number of firms requested for these administrative reviews and the resulting administrative burden to review each company for which a request has been made, the Department is exercising its authority to limit the number of respondents selected for review. See section 777A(c)(2) of the Act. In selecting the respondents for individual review, the Department intends to select the largest exporters/producers by U.S. sales/ export volume. Quantity and Value (‘‘Q&V’’) Questionnaire In advance of issuance of the antidumping questionnaire, we will also be requiring all parties for whom a review is requested to respond to a Q&V questionnaire, which will request information on the respective quantity and U.S. dollar sales value of all exports of shrimp to the United States during the period February 1, 2006, through January 31, 2007. The Q&V questionnaire will be available on the Department’s Web site at http:// www.trade.gov/ia/. The responses to the Q&V questionnaire are due to the Department by close of business on April 23, 2007. Due to the time constraints imposed by our statutory and regulatory deadlines, the Department may be unable to grant any extensions for the submission of the Q&V questionnaire responses. In responding to the Q&V questionnaire, please refer to the instructions contained in the Q&V questionnaire. All firms requested for review are required to submit a complete response to the Q&V questionnaire, within the time limits established in this notice of initiation, in order for such information PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 to receive consideration. For parties that fail to timely respond to the Q&V questionnaire, the Department may resort to the use of facts otherwise available, and may employ an adverse inference if the Department determines that the party failed to cooperate by not acting to the best of its ability. See section 776 of the Act. All information submitted by respondents in these administrative reviews is subject to verification. See section 782 of the Act. Due to the large number of parties in these proceedings, and the Department’s need to complete its proceedings within the statutory deadlines, the Department will be limited in its ability to extend deadlines on the above submissions. As noted above, the Q&V questionnaire will be available on the Department’s Web site at http://www.trade.gov/ia/. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on the Department’s Web site at http://www.trade.gov/ia/. This initiation and notice are in accordance with section 751(a)(1) of the Act and 19 CFR 351.221(c)(1)(i). Dated: April 2, 2007. James P. Maeder, Director, AD/CVD Operations, Office 2. [FR Doc. E7–6504 Filed 4–5–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–817] Oil Country Tubular Goods from Mexico: Amended Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 16, 2007, a Bi– National Panel (‘‘Panel’’) constituted under the North American Free Trade Agreement (‘‘NAFTA’’) affirmed the U.S. Department of Commerce’s (‘‘the Department’s’’) redetermination on remand of the final results of the fourth antidumping duty administrative review on oil country tubular goods from Mexico. See In the Matter of: Oil Country Tubular Goods from Mexico; Final Results of Antidumping Duty Review and Determination Not to Revoke, USA–MEX–2001–1904–05. The Department is now issuing these amended final results for this fourth AGENCY: E:\FR\FM\06APN1.SGM 06APN1 Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices pwalker on PROD1PC71 with NOTICES administrative review to reflect the Panel’s decision. EFFECTIVE DATE: April 6, 2007. FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, U.S. Department of Commerce, 14 th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0195 or (202) 482– 3019, respectively. SUPPLEMENTARY INFORMATION: Background On March 21, 2001, the Department published the final results of the antidumping duty administrative review on oil country tubular goods (‘‘OCTG’’) for the period August 1, 1998 to July 31, 1999. See Oil Country Tubular Goods from Mexico: Final Results of Antidumping Review and Determination Not To Revoke in Part, 66 FR 15832 (‘‘Final Results’’) and accompanying Issues and Decision Memorandum (‘‘Decision Memo’’). The Department reviewed sales to the United States by Hylsa S.A. de C.V. (‘‘Hylsa’’) and Tubos de Aceros de Mexico, S.A. (‘‘TAMSA’’), both Mexican producers of OCTG. In the fourth administrative review, both TAMSA and Hylsa requested revocation from the order in accordance with 19 CFR § 351.222(e)(1). The Department declined to revoke the order in part with respect to TAMSA, as it determined that TAMSA ‘‘did not sell the subject merchandise in the United States in commercial quantities in each of the three years cited by TAMSA to support its request for revocation.’’ See Decision Memo at page 10. The Department declined to revoke the order in part with respect to Hylsa due to the finding of a dumping margin in the Final Results. Id. at 23. Subsequent to the completion of the fourth administrative review, both Hylsa and TAMSA challenged the Department’s findings and requested that a Bi–National Panel review the final determination. A public hearing was held on July 20, 2005, in Washington, D.C., at which oral arguments were presented by the parties. The Panel issued a Decision of the Panel on January 27, 2006, upholding the Department’s determinations with respect to TAMSA, but remanding the review to the Department with respect to Hylsa (i.e., to recalculate Hylsa’s packing cost and cost of production (‘‘COP’’) on a product–specific basis). See In the Matter of: Oil Country Tubular Goods from Mexico; Final Results of Antidumping Duty Administrative Review and Determination Not to Revoke, USA– VerDate Aug<31>2005 18:39 Apr 05, 2007 Jkt 211001 MEX–01–1904–05 (January 27, 2006) (‘‘First Decision’’). In accordance with the First Decision, the Department filed its remand results on April 27, 2006. Based on the instructions of the Panel, the Department recalculated Hylsa’s packing and cost of production by product costs and calculated a new antidumping duty margin of zero for Hylsa. The Department then conducted a revocation analysis, but found that Hylsa did not ship in commercial quantities to the U.S. market during the time period under consideration and found that dumping by Hylsa in the ninth administrative review was relevant to the determination of whether the antidumping duty order was otherwise necessary to offset dumping. Based on these factors, the Department declined to revoke the order. See Redetermination on Remand, Oil Country Tubular Goods from Mexico: Fourth Administrative Review, April 27, 2006. On August 11, 2006, the Panel again remanded the decision to the Department for further consideration. See In the Matter of: Oil Country Tubular Goods from Mexico; Final Results of Antidumping Duty Administrative Review and Determination Not to Revoke, USA– MEX–01–1904–05 (August 11, 2006) (‘‘Second Decision’’). The Panel rejected the Department’s reliance on the results of the ninth administrative review and also directed the Department to reexamine its revocation analysis ‘‘in light of the issues raised by the Panel.’’ Id. at 21. In accordance with the Second Decision, the Department reexamined Hylsa’s request for revocation under 19 CFR § 351.222(e)(1) and determined that Hylsa had not made sales in commercial quantities for the three review periods under analysis. See Redetermination on Remand, Oil Country Tubular Goods from Mexico: Fourth Administrative Review, October 5, 2006 at 13–16. On January 16, 2007, the Panel affirmed the Department’s second remand redetermination. See In the Matter of: Oil Country Tubular Goods from Mexico; Final Results of Antidumping Duty Administrative Review and Determination Not to Revoke, USA–MEX–01–1904–05 (January 16, 2007). The Panel issued its Notice of Final Panel Action on February 2, 2007. On March 14, 2007, the NAFTA Secretariat published a notice of completion of the panel review. See North American Free–Trade Agreement, Article 1904 NAFTA Panel Reviews; Notice of Completion of Panel Review, 72 FR 11847 (March 14, 2007). The Department also published a notice PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 17111 of the NAFTA decision not in harmony with the final results of the fourth administrative review. See Oil Country Tubular Goods from Mexico: Notice of NAFTA Panel Decision Not In Harmony With Final Results of Administrative Review, 72 FR 12761 (March 19, 2007). Amendment to Final Results We are now amending the final results of this administrative review to reflect the final decision of the Panel. The changes to our calculations with respect to Hylsa resulted in a change in the weighted–average margin from 0.79 percent to zero percent for the period of review. The Department will instruct U.S. Customs and Border Protection to liquidate entries of OCTG from Mexico produced by TAMSA and Hylsa at the assessment rates the Department calculated for these amended final results of review. Assessment The Department intends to issue assessment instructions to U.S. Customs and Border Protection 41 days after the date of publication of this decision. See section 356.8(a) of the Department’s regulations. This notice serves as a 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(a)(3). Timely written notification of the return or destruction of APO materials is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: April 2, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–6512 Filed 4–5–03; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Minority Business Development Agency White House Initiative on Asian Americans and Pacific Islanders, President’s Advisory Commission on Asian Americans and Pacific Islanders Minority Business Development Agency, Department of Commerce. AGENCY: E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 72, Number 66 (Friday, April 6, 2007)]
[Notices]
[Pages 17110-17111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6512]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-817]


Oil Country Tubular Goods from Mexico: Amended Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 16, 2007, a Bi-National Panel (``Panel'') 
constituted under the North American Free Trade Agreement (``NAFTA'') 
affirmed the U.S. Department of Commerce's (``the Department's'') 
redetermination on remand of the final results of the fourth 
antidumping duty administrative review on oil country tubular goods 
from Mexico. See In the Matter of: Oil Country Tubular Goods from 
Mexico; Final Results of Antidumping Duty Review and Determination Not 
to Revoke, USA-MEX-2001-1904-05. The Department is now issuing these 
amended final results for this fourth

[[Page 17111]]

administrative review to reflect the Panel's decision.

EFFECTIVE DATE: April 6, 2007.

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

SUPPLEMENTARY INFORMATION:

Background

    On March 21, 2001, the Department published the final results of 
the antidumping duty administrative review on oil country tubular goods 
(``OCTG'') for the period August 1, 1998 to July 31, 1999. See Oil 
Country Tubular Goods from Mexico: Final Results of Antidumping Review 
and Determination Not To Revoke in Part, 66 FR 15832 (``Final 
Results'') and accompanying Issues and Decision Memorandum (``Decision 
Memo''). The Department reviewed sales to the United States by Hylsa 
S.A. de C.V. (``Hylsa'') and Tubos de Aceros de Mexico, S.A. 
(``TAMSA''), both Mexican producers of OCTG. In the fourth 
administrative review, both TAMSA and Hylsa requested revocation from 
the order in accordance with 19 CFR Sec.  351.222(e)(1). The Department 
declined to revoke the order in part with respect to TAMSA, as it 
determined that TAMSA ``did not sell the subject merchandise in the 
United States in commercial quantities in each of the three years cited 
by TAMSA to support its request for revocation.'' See Decision Memo at 
page 10. The Department declined to revoke the order in part with 
respect to Hylsa due to the finding of a dumping margin in the Final 
Results. Id. at 23.
    Subsequent to the completion of the fourth administrative review, 
both Hylsa and TAMSA challenged the Department's findings and requested 
that a Bi-National Panel review the final determination. A public 
hearing was held on July 20, 2005, in Washington, D.C., at which oral 
arguments were presented by the parties. The Panel issued a Decision of 
the Panel on January 27, 2006, upholding the Department's 
determinations with respect to TAMSA, but remanding the review to the 
Department with respect to Hylsa (i.e., to recalculate Hylsa's packing 
cost and cost of production (``COP'') on a product-specific basis). See 
In the Matter of: Oil Country Tubular Goods from Mexico; Final Results 
of Antidumping Duty Administrative Review and Determination Not to 
Revoke, USA-MEX-01-1904-05 (January 27, 2006) (``First Decision'').
    In accordance with the First Decision, the Department filed its 
remand results on April 27, 2006. Based on the instructions of the 
Panel, the Department recalculated Hylsa's packing and cost of 
production by product costs and calculated a new antidumping duty 
margin of zero for Hylsa. The Department then conducted a revocation 
analysis, but found that Hylsa did not ship in commercial quantities to 
the U.S. market during the time period under consideration and found 
that dumping by Hylsa in the ninth administrative review was relevant 
to the determination of whether the antidumping duty order was 
otherwise necessary to offset dumping. Based on these factors, the 
Department declined to revoke the order. See Redetermination on Remand, 
Oil Country Tubular Goods from Mexico: Fourth Administrative Review, 
April 27, 2006.
    On August 11, 2006, the Panel again remanded the decision to the 
Department for further consideration. See In the Matter of: Oil Country 
Tubular Goods from Mexico; Final Results of Antidumping Duty 
Administrative Review and Determination Not to Revoke, USA-MEX-01-1904-
05 (August 11, 2006) (``Second Decision''). The Panel rejected the 
Department's reliance on the results of the ninth administrative review 
and also directed the Department to reexamine its revocation analysis 
``in light of the issues raised by the Panel.'' Id. at 21. In 
accordance with the Second Decision, the Department reexamined Hylsa's 
request for revocation under 19 CFR Sec.  351.222(e)(1) and determined 
that Hylsa had not made sales in commercial quantities for the three 
review periods under analysis. See Redetermination on Remand, Oil 
Country Tubular Goods from Mexico: Fourth Administrative Review, 
October 5, 2006 at 13-16.
    On January 16, 2007, the Panel affirmed the Department's second 
remand redetermination. See In the Matter of: Oil Country Tubular Goods 
from Mexico; Final Results of Antidumping Duty Administrative Review 
and Determination Not to Revoke, USA-MEX-01-1904-05 (January 16, 2007). 
The Panel issued its Notice of Final Panel Action on February 2, 2007. 
On March 14, 2007, the NAFTA Secretariat published a notice of 
completion of the panel review. See North American Free-Trade 
Agreement, Article 1904 NAFTA Panel Reviews; Notice of Completion of 
Panel Review, 72 FR 11847 (March 14, 2007). The Department also 
published a notice of the NAFTA decision not in harmony with the final 
results of the fourth administrative review. See Oil Country Tubular 
Goods from Mexico: Notice of NAFTA Panel Decision Not In Harmony With 
Final Results of Administrative Review, 72 FR 12761 (March 19, 2007).

Amendment to Final Results

    We are now amending the final results of this administrative review 
to reflect the final decision of the Panel. The changes to our 
calculations with respect to Hylsa resulted in a change in the 
weighted-average margin from 0.79 percent to zero percent for the 
period of review. The Department will instruct U.S. Customs and Border 
Protection to liquidate entries of OCTG from Mexico produced by TAMSA 
and Hylsa at the assessment rates the Department calculated for these 
amended final results of review.

Assessment

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection 41 days after the date of publication of 
this decision. See section 356.8(a) of the Department's regulations.
    This notice serves as a 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 Sec.  351.305(a)(3). Timely written 
notification of the return or destruction of APO materials is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as 
amended.

    Dated: April 2, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-6512 Filed 4-5-03; 8:45 am]
BILLING CODE 3510-DS-S