[Federal Register: September 8, 2003 (Volume 68, Number 173)]
[Notices]
[Page 52894-52895]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se03-31]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-817]
Oil Country Tubular Goods From Mexico: 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 25, 2002, 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 Mexico. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Requests
for Revocation in Part, 67 FR 60210 (September 25, 2002) (Initiation).
The period of review (POR) is August 1, 2001 to July 31, 2002. This
review has now been rescinded because there were no entries for
consumption of subject merchandise that are subject to review in the
United States during the POR.
EFFECTIVE DATE: September 8, 2003.
FOR FURTHER INFORMATION CONTACT: Phyllis Hall or Abdelali Elouaradia,
Enforcement Group III, Office 8, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Room 7866, Washington, D.C. 20230; telephone
(202) 482-1398 or (202) 482-1374 respectively.
Scope of Review
Imports covered by this review are oil country tubular goods,
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 order are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under item numbers:
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.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of this
proceeding is dispositive.
The Department has determined that couplings, coupling stock and
drill pipe are not within the scope of the antidumping order on OCTG
from Mexico. See Letter to Interested Parties; Final Affirmative Scope
Decision, August 27, 1998. See Continuation of Countervailing and
Antidumping Duty Orders on Oil Country Tubular Goods From Argentina,
Italy, Japan, Korea and Mexico, and Partial Revocation of Those Orders
From Argentina and Mexico With Respect to Drill Pipe, 66 FR 38630, July
25, 2001.
Background
On August 30, 2002, United States Steel Corporation (petitioner),
requested an administrative review of Tubos de Acero de Mexico S.A.
(TAMSA), a Mexican producer and exporter of OCTG, with respect to the
antidumping order published in the Federal Register. See Antidumping
Duty Order: Oil Country Tubular Goods From Mexico, 60 FR 41055 (August
11, 1995). Additionally, respondent Hylsa, S.A. de C.V. (Hylsa)
requested that the Department conduct an administrative review of
Hylsa. On September 11, 2002, Hylsa withdrew its request and requested
that the Department terminate the review. Therefore, the Department did
not initiate with respect to Hylsa. We initiated the review for TAMSA.
See Initiation.
SUPPLEMENTARY INFORMATION: On October 11, 2002, the Department issued
an antidumping duty questionnaire to TAMSA. On November 1, 2002, TAMSA
and Siderca Corporation (TAMSA's U.S. affiliate) claimed that they
``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.'' Petitioner subsequently
claimed on November 12, 2002, that publicly available import data from
the Department's IM-145 database showed that 2,187 metric tons of
seamless OCTG from Mexico entered the United States during the POR.
Petitioner asserted that TAMSA was the only producer of seamless OCTG
in Mexico. Petitioner requested that the Department investigate these
transactions to determine whether this merchandise is subject to
review. On December 10, 2002, the Department forwarded a no-shipment
inquiry to Customs for circulation to all Customs ports. Customs did
not indicate to the Department that there was any record of
[[Page 52895]]
consumption entries during the POR of OCTG from Mexico exported by
TAMSA. As part of this investigation, the Department issued
supplemental questionnaires on March 28, 2003, and April 14, 2003. On
April 4, 2003 and April 23, 2003, TAMSA submitted its responses to the
supplemental questionnaires.
The Department has thoroughly investigated proprietary information
from U.S. Customs Service (as of March 1, 2003, renamed the U.S. Bureau
of Customs and Border Protection) (Customs) for all HTSUS numbers
covered by the scope of this review. After reviewing the Customs
information and the public data submitted by petitioner, the Department
determined that the merchandise entered during the POR was exported
from a third country or was exported to a foreign trade zone by TAMSA.
The Department notes that the merchandise was entered under the proper
country of export (the third country or Mexico) and the merchandise was
declared as being of Mexican origin and was entered subject to duty.
Finally, the Department requested additional information from
Customs and the respondent regarding certain entries. Both Customs and
TAMSA submitted information pertaining to these entries (see August 6,
2003 TAMSA submission). The documentation clearly indicates the
merchandise was first admitted into a foreign trade zone. After further
analysis we found that these entries were subsequently entered for
consumption in the U.S. and were subject to antidumping duties. After
reviewing the information, the Department determines that TAMSA had no
knowledge that these sales were destined for consumption in the United
States. Under these circumstances, Petitioners did not object to
rescinding this review involving these entries of subject merchandise
produced by TAMSA. See Memorandum to the File From Richard O. Weible
dated August 21, 2003.
Accordingly, we are rescinding this review. The cash deposit rate
will continue to be the rate established in the most recently completed
segment of this proceeding.
This notice is issued and published in accordance with sections
777(i) of the Act and 19 CFR 351.213(d)(4).
Dated: September 2, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-22784 Filed 9-05-03; 8:45 am]