[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)]
[Notices]
[Pages 5612-5613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3006]
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DEPARTMENT OF COMMERCE
[A-201-817]
Oil Country Tubular Goods From Mexico: Notice of Panel Decision,
Amended Order and Final Determination of Antidumping Duty Investigation
in Accordance With Decision Upon Remand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of panel decision and amendment to final determination
of antidumping duty investigation in accordance with decision upon
remand.
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SUMMARY: As a result of a remand from a Binational Panel (the Panel),
convened pursuant to the North American Free Trade Agreement (NAFTA),
the Department of Commerce (the Department) is amending its final
determination in the antidumping duty investigation of Oil Country
Tubular Goods from Mexico. The Department has determined, in accordance
with the instruction of the Panel, the dumping margin for entries of
Oil Country Tubular Goods from Mexico to be 21.70 percent.
EFFECTIVE DATE: February 6, 1997.
FOR FURTHER INFORMATION CONTACT: Jennifer Stagner, Office of AD/CVD
Enforcement II, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
1673.
SUPPLEMENTARY INFORMATION:
Background
On June 28, 1995, the Department published in the Federal Register
(60 FR 33567) the final determination of sales at less than fair value
for Oil Country Tubular Goods from Mexico (OCTG from Mexico). On August
11, 1995, the Department published the antidumping duty order on OCTG
from Mexico. 60 FR 41056.
[[Page 5613]]
Subsequent to the antidumping duty order, Tubos de Acero de Mexico,
S.A. (TAMSA), the sole respondent, challenged the Department's findings
and requested that the Panel review the final determination.
Thereafter, the Panel remanded the Department's final determination
with respect to two issues. Specifically, the Panel directed the
Department to (1) substitute a weighted-average factor for the adverse
factor used in the calculation of nonstandard costs for certain
products and (2) provide a complete explanation of its reasoning for
its use of 1994 data in calculating general and administrative (G&A)
expense. In the Matter of: Oil Country Tubular Goods from Mexico; Final
Determination of Sales at Less Than Fair Value, USA-95-1904-04 (July
31, 1996).
The Department recalculated the nonstandard costs using a weighted-
average factor and provided an explanation of our use of 1994 data in
calculating G&A expenses.1 The Department submitted its remand
determination on October 25, 1996.
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\1\ For a complete discussion of the Department's reasoning for
using 1994 data in calculating G&A expenses, see Redetermination on
Remand; Final Determination of Sales at Less Than Fair Value: Oil
Country Tubular Goods from Mexico (October 25, 1996).
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On December 2, 1996, the Panel affirmed the remand determination of
the Department. In the Matter of: Oil Country Tubular Goods from
Mexico; Final Determination of Sales at Less Than Fair Value, USA-95-
1904-04 (July 31, 1996) (Final Panel Order). As a result, the margin
for TAMSA and all other producers/exporters was reduced from 23.79
percent to 21.70 percent.
Suspension of Liquidation
The Department will instruct the Customs Service to collect cash
deposits of 21.70 percent on all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication date of this amended final determination.
This notice is published pursuant to 19 U.S.C. 1516a(g)(5)(B)
(1996), section 735(d) of the Tariff Act of 1930, as amended (19 U.S.C.
1673d(d) (1996)), and 19 CFR 353.20(a)(4) (1996).
Dated: January 31, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-3006 Filed 2-5-97; 8:45 am]
BILLING CODE 3510-DS-P