[Federal Register: March 19, 2003 (Volume 68, Number 53)]
[Notices]
[Page 13262-13264]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr03-39]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-810]
Notice of Final Results and Recision in Part of Antidumping Duty
Administrative Review; Oil Country Tubular Goods, Other Than Drill
Pipe, From Argentina
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results and recision in part of antidumping
duty administrative review.
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SUMMARY: On September 9, 2002, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of its administrative review of the antidumping duty order on oil
country tubular goods From Argentina. See Notice of Preliminary Results
of Antidumping Duty Administrative Review; Oil Country Tubular Goods
from Argentina, 67 FR 57215 (September 9, 2002) (Preliminary Results).
This review covers imports of subject merchandise from Siderca S.A.I.C.
(Siderca) and Acindar Industria Argentina de Aceros S.A. (Acindar). The
period of review is August 1, 2000, through July 31, 2001.
Based on our analysis of the comments received, we have made
changes in the margin calculations for Acindar. Therefore, the final
results differ from the preliminary results. The final weighted-average
dumping margin for Acindar is listed below in the section entitled
``Final Results of Review.'' In addition, we are rescinding the review
with respect to Siderca.
EFFECTIVE DATE: March 19, 2003.
FOR FURTHER INFORMATION CONTACT: Fred Baker, Mike Heaney, or Robert
James, AD/CVD Enforcement, Group III, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230, telephone:
(202) 482-2924, (202) 482-4475, or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2002, the Department published the Preliminary
Results. We invited parties to comment on those preliminary results. On
October 9, 2002, we received case briefs from United States Steel
Corporation (petitioner) and Acindar. On October 17, 2002, we received
rebuttal briefs from petitioner, Acindar, and IPSCO Tubulars, Inc.,
Lone Star Steel Company, and Maverick Tube Corporation (domestic
interested parties). On January 31, 2003, we issued a supplemental
questionnaire to Acindar. We received Acindar's response on February
12, 2003. On February 19, 2003, petitioner submitted a case brief
commenting on that submission. On February 21, 2003, Acindar submitted
rebuttal comments.
On October 9, 2002, we received a request from Acindar for a public
hearing on the issues raised in the case and rebuttal briefs. We held
this hearing on December 5, 2002. A transcript of the hearing is on
file in the central records unit (CRU) at room B-099 of the Department.
As indicated in our preliminary results, following publication of
the preliminary results we continued to seek confirmation that Siderca
had no shipments to the United States during the POR. See Preliminary
Results at 57215. In response to requests for information, we received
submissions from Siderca on September 16 and October 9, 2002. We
received comments from petitioner on September 24 and November 12,
2002. In response to petitioner's November 12, 2002, comments we
received a voluntary submission from Siderca on November 26, 2002. We
subsequently received further comments from petitioner on December 23,
2002. From February 20 to 22, 2003, we verified Siderca's no-shipment
claim, using standard verification procedures, including on-site
inspection of the manufacturer's facilities and the examination of
relevant sales and financial records. Our verification results are
outlined in the public and proprietary versions of the verification
report, dated March 4, 2003, which are on file in the Central Records
Unit of the Department.
Under section 751(a)(3)(A) of the Tariff Act, the Department may
extend the deadline for completion of an administrative review if it
determines that it is not practicable to complete the review with in
the statutory time limit. On December 12, 2002, the Department extended
the time limit for the final results to March 10, 2003. See Oil Country
Tubular Goods From Argentina: Notice of Extension of Time Limit of
Final Results of Antidumping Duty Administrative Review, 67 FR 76381
(December 12, 2002). We have now completed the administrative review in
accordance with section 751 of the Tariff Act.
Period of Review
The POR is August 1, 2000, through July 31, 2001.
Scope of the Review
Oil country tubular goods (OCTG) are hollow steel products of
circular cross-section, including 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. Drill pipe was excluded from this order
beginning August 11, 2000. 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).
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,
[[Page 13263]]
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.
The HTSUS subheadings are provided for convenience and customs
purposes. Our written description of the scope of this order is
dispositive.
Recision of Review
In the preliminary results we stated that Siderca reported that it
had no shipments during the POR. We also stated we would continue
seeking confirmation of this claim and that we would put our findings
into a memorandum which we would place on the record of this review.
Our on-site inspection of Siderca's sales facilities uncovered no
evidence that Siderca had shipments to the United States during the
POR. A memorandum describing the verification is on file in the central
records unit of the Herbert C. Hoover building. Therefore, we are
rescinding the review with respect to Siderca. Siderca's cash deposit
rate will remain at 1.36 percent, which is the rate established for
Siderca in the less-than-fair-value investigation. See Final
Determination of Sales at Less Than Fair Value: Oil Country Tubular
Goods from Argentina, 60 FR 33539 (June 28, 1995) and Antidumping Duty
Order: Oil Country Tubular Goods from Argentina, 60 FR 41055 (August
11, 1995).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Barbara E. Tillman, Acting
Deputy Assistant Secretary, Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, dated
March 10, 2003, which is hereby adopted by this notice. A list of the
issues which parties have raised and to which we have responded, all of
which are in the Decision Memorandum, is attached to this notice as an
appendix. Parties can find a complete discussion of all issues raised
in this review and the corresponding recommendations in this public
memorandum which is on file in the Central Records Unit, room B-099 of
the main Department of Commerce building. In addition, a complete
version of the decision memorandum can be accessed directly on the Web
at http://ia.ita.doc.gov/. The paper copy and electronic version of the
decision memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made changes in
the margin calculations for Acindar. The changes are listed below:
1. We calculated depreciation on a per-unit basis based on
production volume, rather than by applying a ratio to the cost of
manufacture.
2. We added direct selling expenses into the calculation of
constructed value (CV).
3. We removed packing from the setup string in the calculation of
CVPROFIT and FUPDOL.
4. We removed the downward adjustment to CV for the Factor
Convergence program. Additionally, we made the Reintegro reimbursement
as a downward adjustment to CV, rather than a downward adjustment to
selling expenses.
Final Results of Review
As a result of our review, we determine the weighted-average
dumping margin for the period August 1, 2000, through July 31, 2001, to
be as follows:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Acindar..................................................... 60.73
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The Department will determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. In accordance
with 19 CFR 351.212(b)(1), we have calculated an exporter/importer (or
customer)-specific assessment rate for merchandise subject to this
review. The Department will issue appropriate assessment instructions
directly to the Customs Service within 15 days of publication of these
final results of review. We will direct the Customs Service to assess
the resulting assessment rates against the entered customs values for
the subject merchandise on each of the importer's/customer's entries
during the review period. For duty-assessment purposes, we will
calculate importer-specific assessment rates by dividing the dumping
margins calculated for each importer by the total entered value of
sales for each importer during the POR.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication, as provided by
section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for the
reviewed company will be the rate shown above; (2) for previously
reviewed or investigated companies not listed above, the cash deposit
will continue to be the company-specific rate published for the most
recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation, but the
manufacturer is, the cash deposit rate will be that established for the
most recent period for the manufacturer of the merchandise; and (4) if
neither the exporter nor the manufacturer is a firm covered in this
review, any previous reviews, or the LTFV investigation, the cash
deposit rate will be 1.36 percent, the ``all others'' rate established
in the LTFV investigation. See Antidumping Duty Order: Oil Country
Tubular Goods from Argentina, 60 FR 41055 (August 11, 1995).
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
Notification of Interested Parties
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties or countervailing 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 or countervailing
duties occurred and the subsequent assessment of double antidumping
duties or countervailing duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) or their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO
[[Page 13264]]
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: March 10, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix 1--Issues in the Decision Memorandum
Comment 1: Calculation of CV Profit.
Comment 2: Depreciation Expenses.
Comment 3: Bad Debt.
Comment 4: General and Administrative Expenses.
Comment 5: Rebates Received Under Argentine Government Rebate
Programs.
Comment 6: Clerical Errors.
Comment 7: No Shipments.
[FR Doc. 03-6478 Filed 3-18-03; 8:45 am]