Oil Country Tubular Goods from Mexico: Amended Final Results of Antidumping Duty Administrative Review, 17110-17111 [E7-6512]
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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.
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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
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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 https://
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
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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 https://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 https://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:
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Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices
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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–
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18:39 Apr 05, 2007
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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
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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:
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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]
-----------------------------------------------------------------------
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
