99-1894. Oil Country Tubular Goods From Argentina; Rescission of Antidumping Duty Administrative Review

[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therefore been rescinded as a result of our determination that there 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 
[phone] or [phone], respectively, or fax [phone].

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