[Federal Register: August 3, 2007 (Volume 72, Number 149)]
[Notices]
[Page 43235-43236]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au07-42]
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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