[Federal Register Volume 64, Number 17 (Wednesday, January 27, 1999)]
[Notices]
[Pages 4069-4070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1894]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-810]
Oil Country Tubular Goods From Argentina; Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Rescission of Antidumping Duty Administrative Review.
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SUMMARY: On September 28, 1998, the Department of Commerce (the
Department) published in the Federal Register a notice announcing the
initiation of an administrative review of the antidumping duty order on
oil country tubular goods (OCTG) from Argentina (See Notice of
Initiation, 63 FR 51893). This review covers the period August 1, 1997
through July 31, 1998. The only companies subject to review in this
segment of the proceeding are Siderca S.A.I.C. and its U.S. affiliate,
Siderca Corporation (collectively, Siderca). We determine that there
were no consumption entries during the period of review (POR) of OCTG
from Argentina produced or exported by Siderca.
We have reviewed petitioner's claim that subject merchandise was
entered for consumption into the United States during the POR. We
received confirmation from the U.S. Customs Service (Customs) that the
merchandise entered for consumption during the POR was not manufactured
by Siderca, and therefore not subject to this review. This review has
therefore been rescinded as a result of our determination that there
were no consumption entries during the POR of OCTG from Argentina
produced or exported by Siderca.
EFFECTIVE DATE: (Insert date of publication in the Federal Register.)
FOR FURTHER INFORMATION CONTACT: Heather Osborne or John Kugelman, AD/
CVD Enforcement Group III--Office 8, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202) 482-3019 or (202) 482-0649, respectively, or fax (202) 482-1388.
Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the Act
by the Uruguay Round Agreements Act. In addition, unless otherwise
indicated, all citations to the Department's regulations are references
to the provisions codified at 19 CFR part 351 (62 FR 27296, May 19,
1997).
Scope of the Review
Oil country tubular goods are hollow steel products of circular
cross-section, including oil well casing, tubing, and drill pipe, 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 OCTG subject to this review are
currently classified in the following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 7304.20.20, 7304.20.40, 7304.20.50,
7304.20.60, 7304.20.80, 7304.39.00, 7304.51.50, 7304.20.70, 7304.59.60,
7304.59,80, 7304.90.70, 7305.20.40, 7305.20.60, 7305.20.80, 7305.31.40,
7305.31.60, 7305.39.10, 7305.39.50, 7305.90.10, 7305.90.50, 7306.20.20,
7306.20.30, 7306.20.40, 7306.20.60, 7306.20.80, 7306.30.50, 7306.50.50,
7306.60.70, and 7606.90.10. The HTSUS subheadings are provided for
convenience and Customs purposes. The written description remains
dispositive.
Background
We received a request on August 31, 1998, for an administrative
review of Siderca S.A.I.C., an Argentine producer and exporter of OCTG,
and Siderca Corporation, an affiliated U.S. importer and reseller of
such merchandise (collectively, Siderca), from the petitioner, North
Star Steel Ohio (North Star). The antidumping duty order was published
in the Federal Register on August 11, 1995 (60 FR 41055).
SUPPLEMENTARY INFORMATION: In its original submission, dated October
14, 1998, Siderca claimed that ``it did not, directly or indirectly,
enter for consumption, or sell, export, or ship for entry for
consumption in the United States subject merchandise during the period
of review.'' Siderca also claimed that Siderca Corporation did not
import for consumption any subject merchandise during the POR.
The petitioner subsequently claimed that publicly available import
data from the Department's IM-145 database contradicted Siderca's
claims that no subject merchandise was entered for consumption during
the POR. The
[[Page 4070]]
petitioner claimed that U.S. import statistics reveal that 2,658 tons
of subject merchandise were imported into the U.S. during the POR and
that 154 tons of Argentine OCTG were entered for consumption during the
POR. The petitioner asked the Department to investigate these entries,
and to require Siderca to provide detailed freight, customs, and value
information for these shipments.
In its November 20, 1998 response to petitioner's allegation of
consumption entries, Siderca indicated that it made no U.S. sales or
consumption entries during the POR. Siderca claimed that all of its
shipments to the United States were general, non-consumption entries
(e.g., FTZ entries), and were destined for re-export. Siderca noted
that the 154 ton consumption entry cited by the petitioner is an entry
of nonseamless (welded) oil well tubing classified under HTSUS item
7306.20.60.50. Because Siderca does not produce nonseamless material,
the consumption entry could not possibly be a Siderca product.
On November 13, 1998, the Department requested additional
information from Customs regarding the consumption entry cited by the
petitioner. Customs subsequently confirmed that the entry was in fact a
consumption entry, but was not merchandise produced or exported by
Siderca. Customs confirmed that there were no consumption entries of
Argentine OCTG produced or exported by Siderca, and that all of
Siderca's shipments of OCTG to the United States during the POR were
either under a temporary import bond for re-export to third countries,
or through a foreign trade zone to be further processed and then re-
exported, and therefore not subject to antidumping duties. (See Memo to
the File, January 6, 1999). Based on the foregoing, there is no
evidence that Siderca made any U.S. consumption entries of Argentine
OCTG during the POR. The Department therefore determines that no
subject merchandise produced or exported by Siderca was entered into
the United States for consumption during the POR and, thus, there are
no entries subject to the review.
Because Siderca was the only firm for which a review was requested
and it had no U.S. entries for consumption of covered merchandise
during the POR, there is no basis for continuing this administrative
review. We therefore are rescinding this review in accordance with
section 351.213(d)(3) of the Department's regulations. The cash deposit
rate for all firms will continue to be the rate established in the most
recently completed segment of this proceeding (i.e., 1.36 percent).
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.221.
Dated: January 21, 1999.
Joseph A. Spetrini,
Deputy Assistant Secretary, Enforcement Group III.
[FR Doc. 99-1894 Filed 1-26-99; 8:45 am]
BILLING CODE 3510-DS-M