Oil Country Tubular Goods from Japan: Preliminary Results of Antidumping Duty Administrative Review and Intent to Rescind Administrative Review, 24275-24277 [E7-8383]
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Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Notices
be the successor-in-interest to the
previous company if the resulting
operation with regard to the subject
merchandise is not materially dissimilar
to that of its predecessor. See, e.g.,
Industrial Phosphoric Acid from Israel;
Final Results of Antidumping Duty
Changed Circumstances Review, 59 FR
6944, 6945 (February 14, 1994); and
Notice of Final Determination of Sales
at Less Than Fair Value and Affirmative
Final Determination of Critical
Circumstances: Certain Orange Juice
from Brazil, 71 FR 2183 (January 13,
2006) and accompanying Issues and
Decision Memorandum, at Comment 3.
Thus, if the evidence demonstrates that,
with respect to the production and sale
of the subject merchandise, the new
company operates as the same business
entity as the former company, the
Department will accord the new
company the same antidumping duty
treatment as its predecessor.
Beginning with management, Yelin
reported that there has been no change
in the company’s management or
management structure after becoming
Hilltop. See Yelin’s CCR Request at 5
and Exhibit 4. We find that the
management structure has remained
unchanged.
Second, we looked at the operational
structure of Hilltop. Yelin explained
that there have been no material
changes to its operations or the way it
sells subject merchandise. Additionally,
Yelin provided a sales documentation
flowchart and a flow of goods/payment
chart, which demonstrates how
products are ordered and sold, and
stated that these processes are identical
between Yelin and Hilltop. See Yelin’s
CCR Request at 6 and Exhibit 5. We find
that Yelin’s operational structure has
not changed as a result of becoming
Hilltop.
Third, we reviewed the supplier
relationships of Yelin and Hilltop. Yelin
stated that the two affiliated producers,
Yangjiang City Hoitat Quick–Frozen
Seafood Co., Ltd. and Fuqing Yihua
Aquatic Food Co., Ltd., which supplied
Yelin with all subject merchandise,
continue to supply Hilltop with the
subject merchandise, and have done so
since the publication of the
antidumping duty order. Yelin noted
that there have also been no substantial
changes to either producer’s product
lines, production output, or capacity.
See Yelin’s CCR Request at 7. For non–
subject merchandise that is sold by
Yelin and Hilltop, Yelin states that there
have been no changes in the list of
unaffiliated suppliers.
Fourth, we reviewed the customer
base of both Yelin and Hilltop. Yelin
explained that Yelin and subsequently,
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03:08 Aug 19, 2011
Jkt 223001
Hilltop, has only one customer, Ocean
Duke, which is invoiced through
Taiwanese affiliates. See Yelin’s CCR
Request at 7 and Exhibit 5.
In summary, Yelin reported that its
conversion from Yelin to Hilltop did not
meaningfully affect the supplier
relationships, customer base,
management, marketing or sale of
products and services. Moreover, there
have been no material changes to
Yelin’s operations or the way it
produces and sells subject merchandise
resulting in the conversion from Yelin
to Hilltop.
Based on Yelin’s evidence of the
change in ownership and absent any
other record evidence that would
contradict Yelin’s statements, we
preliminarily determine that Hilltop
should receive the same antidumping
duty treatment with respect to certain
frozen warmwater shrimp from the PRC
as Yelin. If the above preliminary results
are affirmed in the Department’s final
results, the cash deposit rate most
recently calculated for Yelin will apply
to all entries of subject merchandise by
Hilltop, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this changed circumstances
review. See, e.g., Granular
Polytetrafluoroethylene Resin from Italy;
Final Results of Changed Circumstances
Review, 68 FR 25327 (May 12, 2003).
This cash deposit rate, if imposed, shall
remain in effect until further notice.
Public Comment
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 30 days
after the date of publication of this
notice, in accordance with 19 CFR
351.309(c)(1)(ii). Rebuttal briefs, which
must be limited to issues raised in the
case briefs, may be filed no later than 5
days after the case briefs, in accordance
with 19 CFR 351.309(d)(1). Any hearing,
if requested, will normally be held two
days after rebuttal briefs are due, in
accordance with 19 CFR 351.310(d)(1).
The Department will issue its final
results of review within 270 days after
the date on which the changed
circumstances review is initiated, or
within 45 days if all parties to the
proceeding agree to the outcome of the
review, in accordance with 19 CFR
351.216(e), and will publish these
results in the Federal Register.
The current requirement for a cash
deposit of estimated antidumping duties
on all subject merchandise will
continue unless and until it is modified
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24275
pursuant to the final results of this
changed circumstances review.
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216 of
the Department’s regulations.
Dated: April 25, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–8386 Filed 5–1–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–835]
Oil Country Tubular Goods from
Japan: Preliminary Results of
Antidumping Duty Administrative
Review and Intent to Rescind
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
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, 2005 through July 31, 2006.
We preliminarily determine that all
four companies had no reviewable sales
of subject merchandise to the United
States during the period of review
(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 ‘‘Intent to Rescind the
Administrative Review’’ section of this
notice.
EFFECTIVE DATE: May 2, 2007.
FOR FURTHER INFORMATION CONTACT: Jun
Jack Zhao or Dana Mermelstein, 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) 482–1396 or (202) 482–
1391, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Notices
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,
2006, the Department published a notice
of opportunity to request an
administrative review of this order (71
FR 43441). On August 31, 2006, the
Department received a timely request
for review from Petitioner, covering JFE,
Nippon, NKK and SMI.1 On September
29, 2006, 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, 71 FR 57465 (September 29,
2006).
The Department issued the original
questionnaire on November 1, 2006. On
November 17, 2006, JFE submitted a
certification that it had no reportable
sales during the POR, and requested
prompt rescission of the review with
respect to JFE. Also on November 17,
2006, Nippon responded and certified
that it had no sales of subject
merchandise to or in the United States
during the POR. On November 22, 2006,
NKK submitted a no shipment
certification and requested expeditious
rescission of the review with respect to
NKK. Finally, on December 8, 2006, SMI
responded that it did not have any U.S.
sales or shipments of subject
merchandise during the POR. The
Department issued follow–up
supplemental questionnaires to these
four respondents, and received timely
responses from them, providing further
explanation and documentation
concerning their claims of no shipments
during the POR.
Period of Review
This review covers the period August
1, 2005 through July 31, 2006.
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Scope of the Order
The products covered by this order
are OCTG, hollow steel products of
circular cross–section, including only
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
1 In a previous review, the Department found that
SMI and Sumitomo Corporation (SC) were affiliated
and treated them as a single entity. See Oil Country
Tubular Goods From Japan; Preliminary Results
and Rescission in Part of Antidumping Duty
Administrative Review, 64 FR 48589 (September 7,
1999); Oil Country Tubular Goods From Japan;
Final Results of Antidumping Duty Administrative
Review, 65 FR 15305 (March 22, 2000). 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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03:08 Aug 19, 2011
Jkt 223001
specifications, whether finished or
unfinished (including
green tubes and limited service OCTG
products). This scope does not cover
casing or tubing pipe containing 10.5
percent or more of chromium, or drill
pipe. The products subject to this order
are currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under sub–
headings: 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.
As a result of recent changes to the
Harmonized Tariff Schedule, effective
February 2, 2007, the subject
merchandise is also classifiable under
the following additional HTS item
numbers: 7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80,
7304.29.61.15, 7304.29.61.30,
7304.29.61.45, 7304.29.61.60,
7304.29.61.75, 7306.29.10.30,
7306.29.10.90, 7306.29.20.00,
7306.29.31.00, 7306.29.41.00,
7306.29.60.10, 7306.29.60.50,
7306.29.81.10, and 7306.29.81.50.
The HTSUS sub–headings are
provided for convenience and customs
purposes only. The written description
of the scope of the order remains
dispositive.
Intent to Rescind the Administrative
Review
In response to our questionnaires, 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
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corroborate the no–shipment
statements, the Department requested
information from U.S. Customs and
Border Protection (CBP). Such
information showed entries of subject
merchandise produced by the four
respondents during the POR. We
requested additional information from
the four respondents based on the CBP
information. Based on our analysis of
the CBP information and the
information provided by the
respondents, we find that these four
companies had no reviewable sales of
subject merchandise. Since much of the
information and documentation
provided by CBP or submitted by
respondents to demonstrate the
circumstances of each of the entries is
business proprietary, a complete
analysis of the Department’s
determination that none of the entries
constitute reviewable sales during the
POR is set forth in the Memorandum
from Jun Jack Zhao, Case Analyst, AD/
CVD Operations Office 6 to Barbara E.
Tillman, Director, Analysis
Memorandum regarding the
Administrative Review of the
Antidumping Duty Order on Oil Country
Tubular Goods from Japan (A–588–835),
dated concurrently with this notice. A
public version of the memorandum is
on file in Room B–099, the Central
Records Unit of the main Commerce
Building. Therefore, in accordance with
19 CFR 351.213(d)(3), we intend to
rescind the administrative review of all
four respondents.
Duty Assessment
The Department will determine, and
CBP shall assess, antidumping duties on
all appropriate entries, pursuant to 19
CFR 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 reviewable 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 2, 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
2 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) (Final Determination).
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Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Notices
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 Tariff Act of
1930, as amended (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 Final Determination. These
deposit rates, when imposed, shall
remain in effect until further notice.
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 351.213(h).
Notification to Importers
This notice serves as a preliminary
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.
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: April 25, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–8383 Filed 5–1–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
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Public Comment
[C–560–821, C–570–907, C–580–857]
Pursuant to 19 CFR 351.309,
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 19
CFR 351.303(f).
Also, pursuant to 19 CFR 351.310(c),
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.
Coated Free Sheet Paper from
Indonesia, the People’s Republic of
China, and the Republic of Korea:
Alignment of Final Countervailing Duty
Determinations with Final Antidumping
Duty Determinations
VerDate Mar 15 2010
03:08 Aug 19, 2011
Jkt 223001
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is aligning the final
determinations in the countervailing
duty investigations of coated free sheet
paper (CFS) from Indonesia, the
People’s Republic of China (PRC), and
the Republic of Korea (Korea) with the
final determinations in the companion
antidumping investigations.
EFFECTIVE DATE: May 2, 2007.
FOR FURTHER INFORMATION CONTACT:
Gene Calvert (Indonesia), David Layton
(PRC), or Maura Jeffords (Korea), AD/
CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3586, (202) 482–
0371, or (202) 482–3146, respectively.
AGENCY:
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24277
On November 20, 2006,
the Department initiated the
countervailing duty and antidumping
duty investigations on CFS from
Indonesia, the PRC, and Korea. See
Notice of Initiation of Countervailing
Duty Investigations: Coated Free Sheet
Paper From the People’s Republic of
China, Indonesia, and the Republic of
Korea, 71 FR 68546 (November 27,
2006), and Initiation of Antidumping
Duty Investigations: Coated Free Sheet
Paper from Indonesia, the People’s
Republic of China, and the Republic of
Korea, 71 FR 68537 (November 27,
2006). The countervailing duty and
antidumping duty investigations have
the same scope with regard to the
subject merchandise covered. On April
9, 2007, the Department published the
preliminary affirmative countervailing
duty determinations pertaining to CFS
from Indonesia, the PRC, and Korea. See
Coated Free Sheet Paper from
Indonesia: Preliminary Affirmative
Countervailing Duty Determination, 72
FR 17498 (April 9, 2007); Coated Free
Sheet Paper From the People’s Republic
of China: Amended Preliminary
Affirmative Countervailing Duty
Determination, 72 FR 17484 (April 9,
2007) and; Coated Free Sheet Paper
From the Republic of Korea: Preliminary
Affirmative Countervailing Duty
Determination, 72 FR 17507 (April 9,
2007). On March 26, 2007, the petitioner
submitted a letter, in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), requesting
alignment of the final countervailing
duty determinations with the final
determinations in the companion
antidumping duty investigations of CFS
from Indonesia, the PRC, and Korea.
Therefore, in accordance with section
705(a)(1) of the Act, and 19 C.F.R.
351.210(b)(4), we are aligning the final
countervailing duty determinations on
CFS from Indonesia, the PRC, and Korea
with the final determinations in the
companion antidumping duty
investigations of CFS from Indonesia,
the PRC, and Korea. The final
countervailing duty determinations will
be issued on the same date as the final
antidumping duty determinations
currently scheduled for August 13,
2007, the first business day following
the August 12, 2007 deadline for the
final antidumping duty determinations.
This notice is issued and published
pursuant to section 705(a)(1) of the Act.
BACKGROUND:
Dated: April 26, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–8375 Filed 5–1–07; 8:45 am]
BILLING CODE 3510–DS–S
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Agencies
[Federal Register Volume 72, Number 84 (Wednesday, May 2, 2007)]
[Notices]
[Pages 24275-24277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8383]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-835]
Oil Country Tubular Goods from Japan: Preliminary Results of
Antidumping Duty Administrative Review and Intent to Rescind
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
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, 2005 through July 31, 2006.
We preliminarily determine that all four companies had no
reviewable sales of subject merchandise to the United States during the
period of review (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 ``Intent to Rescind the Administrative
Review'' section of this notice.
EFFECTIVE DATE: May 2, 2007.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Dana Mermelstein, 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-
1396 or (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 24276]]
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, 2006, the Department published a notice of opportunity to
request an administrative review of this order (71 FR 43441). On August
31, 2006, the Department received a timely request for review from
Petitioner, covering JFE, Nippon, NKK and SMI.\1\ On September 29,
2006, 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, 71 FR 57465 (September 29,
2006).
---------------------------------------------------------------------------
\1\ In a previous review, the Department found that SMI and
Sumitomo Corporation (SC) were affiliated and treated them as a
single entity. See Oil Country Tubular Goods From Japan; Preliminary
Results and Rescission in Part of Antidumping Duty Administrative
Review, 64 FR 48589 (September 7, 1999); Oil Country Tubular Goods
From Japan; Final Results of Antidumping Duty Administrative Review,
65 FR 15305 (March 22, 2000). Neither SMI nor SC has placed
information on the record of this review suggesting that the basis
for this finding has changed.
---------------------------------------------------------------------------
The Department issued the original questionnaire on November 1,
2006. On November 17, 2006, JFE submitted a certification that it had
no reportable sales during the POR, and requested prompt rescission of
the review with respect to JFE. Also on November 17, 2006, Nippon
responded and certified that it had no sales of subject merchandise to
or in the United States during the POR. On November 22, 2006, NKK
submitted a no shipment certification and requested expeditious
rescission of the review with respect to NKK. Finally, on December 8,
2006, SMI responded that it did not have any U.S. sales or shipments of
subject merchandise during the POR. The Department issued follow-up
supplemental questionnaires to these four respondents, and received
timely responses from them, providing further explanation and
documentation concerning their claims of no shipments during the POR.
Period of Review
This review covers the period August 1, 2005 through July 31, 2006.
Scope of the Order
The products covered by this order are OCTG, hollow steel products
of circular cross-section, including only 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). This scope does not
cover casing or tubing pipe containing 10.5 percent or more of
chromium, or drill pipe. The products subject to this order are
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) under sub-headings: 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.
As a result of recent changes to the Harmonized Tariff Schedule,
effective February 2, 2007, the subject merchandise is also
classifiable under the following additional HTS item numbers:
7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80, 7304.29.61.15, 7304.29.61.30,
7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7306.29.10.30,
7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00,
7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
The HTSUS sub-headings are provided for convenience and customs
purposes only. The written description of the scope of the order
remains dispositive.
Intent to Rescind the Administrative Review
In response to our questionnaires, 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 entries of subject
merchandise produced by the four respondents during the POR. We
requested additional information from the four respondents based on the
CBP information. Based on our analysis of the CBP information and the
information provided by the respondents, we find that these four
companies had no reviewable sales of subject merchandise. Since much of
the information and documentation provided by CBP or submitted by
respondents to demonstrate the circumstances of each of the entries is
business proprietary, a complete analysis of the Department's
determination that none of the entries constitute reviewable sales
during the POR is set forth in the Memorandum from Jun Jack Zhao, Case
Analyst, AD/CVD Operations Office 6 to Barbara E. Tillman, Director,
Analysis Memorandum regarding the Administrative Review of the
Antidumping Duty Order on Oil Country Tubular Goods from Japan (A-588-
835), dated concurrently with this notice. A public version of the
memorandum is on file in Room B-099, the Central Records Unit of the
main Commerce Building. Therefore, in accordance with 19 CFR
351.213(d)(3), we intend to rescind the administrative review of all
four respondents.
Duty Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries, pursuant to 19 CFR 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
reviewable 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 \2\, 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
[[Page 24277]]
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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\2\ 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) (Final Determination).
---------------------------------------------------------------------------
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 Tariff Act of 1930, as
amended (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 Final Determination. These
deposit rates, when imposed, shall remain in effect until further
notice.
Public Comment
Pursuant to 19 CFR 351.309, 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 19 CFR 351.303(f).
Also, pursuant to 19 CFR 351.310(c), 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
351.213(h).
Notification to Importers
This notice serves as a preliminary 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.
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 25, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-8383 Filed 5-1-07; 8:45 am]
BILLING CODE 3510-DS-S