Oil Country Tubular Goods from Japan: Final Results and Rescission of Antidumping Duty Administrative Review, 43235-43236 [E7-15158]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Notices]
[Pages 43235-43236]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15158]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-588-835)


Oil Country Tubular Goods from Japan: Final Results and 
Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On May 2, 2007, the Department of Commerce (the Department) 
published in the Federal Register a notice of intent to rescind the 
administrative review of the antidumping duty order on Oil Country 
Tubular Goods (OCTG) from Japan. See Oil Country Tubular Goods from 
Japan: Preliminary Results of Antidumping Duty Administrative Review 
and Intent to Rescind Administrative Review, 72 FR 24275 (May 2, 2007) 
(Preliminary Results). This review covers four manufactures/exporters: 
JFE Steel Corporation (JFE), Nippon Steel Corporation (Nippon), NKK 
Tubes (NKK) and Sumitomo Metal Industries, Ltd. (SMI). The period of 
review (POR) covers sales of subject merchandise to the United States 
during the period August 1, 2005 through July 31, 2006.
    We provided interested parties with an opportunity to comment on 
the notice of intent to rescind this administrative review. However, we 
received no comments from interested parties. Consequently, we are 
rescinding this administrative review.

EFFECTIVE DATE: August 3, 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:

Background

    On May 2, 2007, the Department published in the Federal Register a 
notice of intent to rescind the antidumping duty administrative review 
of the antidumping duty order on OCTG from Japan. No interested parties 
filed case briefs in response to the Department's invitation to comment 
on the Preliminary Results.

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, tubing, or drill pipe 
containing 10.5 percent or more of chromium. The products subject to 
this order are currently classified in the Harmonized Tariff Schedule 
of the United States (HTSUS) under 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,

[[Page 43236]]

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 HTSUS, effective February 2, 
2007, the subject merchandise is also classifiable under the following 
additional HTSUS 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.

Final Results and Rescission of Administrative Review

    As stated in the Preliminary Results, the Department determined 
that all four companies had no reviewable sales of subject merchandise 
during the POR. Although our review of data from U.S. Customs and 
Border Protection (CBP) showed that there were entries during the POR 
of merchandise produced by these companies, based on our analysis of 
the CBP information and documentation submitted by respondent 
companies, we determined that those entries were either made by 
unaffiliated resellers without the knowledge of the respondent 
companies, or were merchandise out of the scope of antidumping duty 
order. As such, they are not subject to the administrative review. See 
memorandum from Jun Jack Zhao, Case Analyst, to Barbara E. Tillman, 
Director, AD/CVD Operations, Office 6, Analysis Memorandum regarding 
the Administrative Review of the Antidumping Duty Order on Oil Country 
Tubular Goods from Japan (A-588-835), dated concurrently with the 
Preliminary Results. Because we did not receive comments from any of 
the interested parties on the Preliminary Results, we do not have any 
reason to reconsider our preliminary decision. Therefore, consistent 
with the Department's preliminary results of this review, and in 
accordance with 19 CFR Sec.  351.213(d)(3), we are rescinding the 
review with respect to all four companies.

Duty Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries, pursuant to section 751(a) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR Sec.  351.212(b). 
We will direct CBP to liquidate any entries of subject merchandise 
manufactured by JFE, Nippon, NKK, SMI, and entered or withdrawn from 
warehouse for consumption during the POR, at the ``all others'' rate 
from the investigation, 44.20 percent, in accordance with the 
Department's clarification of its ``automatic assessment'' regulation; 
the sales of any such entries were made by intermediary companies 
(e.g., resellers) that do not have their own rates because they were 
not covered in this review, a prior review, or the less than fair value 
(LTFV) investigation. See Antidumping and Countervailing Duty 
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003). The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after the date of publication of 
these final results.

Cash Deposit Requirements

    On May 31, 2007, the U.S. International Trade Commission determined 
that revoking the existing antidumping duty orders on imports of OCTG 
from Argentina, Italy, Japan, Korea and Mexico would be unlikely to 
lead to continuation or recurrence of material injury. As a result, the 
Department revoked these antidumping duty orders. See Oil Country 
Tubular Goods from Argentina, Italy, Japan, Korea, and Mexico; 
Revocation of Antidumping Duty Orders Pursuant to Second Five-year 
(Sunset) Reviews, 72 FR 34442 (June 22, 2007). The effective date of 
the revocation of this order was July 25, 2006. Consequently, the 
Department has instructed CBP to discontinue the suspension of 
liquidation of all entries of subject merchandise entered on or after 
July 25, 2006. Therefore, no further cash deposits of estimated 
antidumping duties will be required, and antidumping duties will not be 
assessed on entries after July 24, 2006.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR Sec.  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.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR Sec.  351.305. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation that is 
subject to sanction.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 27, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-15158 Filed 8-2-07; 8:45 am]
BILLING CODE 3510-DS-S