[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Pages 19883-19884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9938]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-506]
Oil Country Tubular Goods From Canada; Preliminary Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of Antidumping Duty
Administrative Review.
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SUMMARY: In response to a request from the respondent, IPSCO Inc.
(IPSCO), the Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on oil country
tubular goods (OCTG) from Canada. The review covers one manufacturer,
IPSCO, and exports of the subject merchandise to the United States
during the period June 1, 1993, through May 31, 1994.
We preliminary determine the dumping margin for IPSCO to be zero
percent during this period. Interested parties are invited to comment
on these preliminary results.
EFFECTIVE DATE: April 21, 1995.
FOR FURTHER INFORMATION CONTACT:
David Genovese or Joseph Hanley, Office of Antidumping Compliance,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202) 482-5254.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 1994, the Department published a notice of ``Opportunity
to Request an Administrative Review'' (59 FR 29411) of the antidumping
duty order on OCTG from Canada (51 FR 21782; June 16, 1986). On June
24, 1994, IPSCO requested an administrative review. The Department
initiated the review on July 15, 1994 (59 FR 36160), covering the
period June 1, 1993, through May 31, 1994. The Department is conducting
this review in accordance with section 751 of the Tariff Act of 1930,
as amended (the Act).
Scope of the Review
The products covered by this review include shipments of OCTG from
Canada. This includes American Petroleum Institute (API) specification
OCTG and all other pipe with the following characteristics except
entries which the Department determined through its end-use
certification procedure were not used in OCTG
[[Page 19884]] applications: Length of at least 16 feet; outside
diameter of standard sizes published in the API or proprietary
specifications for OCTG with tolerances of plus \1/8\ inch for
diameters less than or equal to 8\5/8\ inches and plus \1/4\ inch for
diameters greater than 8\5/8\ inches, minimum wall thickness as
identified for a given outer diameter as published in the API or
proprietary specifications for OCTG; a minimum of 40,000 PSI yield
strength and a minimum 60,000 PSI tensile strength; and if with seams,
must be electric resistance welded. Furthermore, imports covered by
this review include OCTG with non-standard size wall thickness greater
than the minimum identified for a given outer diameter as published in
the API or proprietary specifications for OCTG, with surface scabs or
slivers, irregularly cut ends, ID or OD weld flash, or open seams; OCTG
may be bent, flattened or oval, and may lack certification because the
pipe has not been mechanically tested or has failed those tests.
This merchandise is currently classifiable under the Harmonized
Tariff Schedules (HTS) item numbers 7304.20, 7305.20, and 7306.20. The
HTS item numbers are provided for convenience and U.S. Customs
purposes. The written description remains dispositive.
United States Price
In calculating United States Price (USP), the Department used
purchase price, as defined in section 772(b) of the Act. The Department
based USP on the packed, delivered price to unrelated purchasers.
The Department made deductions, where appropriate, for foreign
inland freight, U.S. duties, and U.S. brokerage fees. Additionally, in
accordance with the Court of International Trade's decision in Federal-
Mogul Corp. and The Torrington Co. v. United States, 834 F. Supp. 1391
(CIT 1993) (Federal Mogul), we adjusted USP for taxes that would have
been assessed on the merchandise had it been sold in the home market.
Where applicable, we also deducted from the USP the portion of the USP
tax adjustment attributable to expenses included in the U.S. tax base.
No other adjustments were claimed or allowed.
Foreign Market Value
In calculating foreign market value (FMV), we used home market
price, as defined in section 773(a) of the Act, since quantities of
merchandise sufficient to provide a reasonable basis for comparison
were sold in the home market to provide a reasonable basis for
comparison. Home market price was based on the FOB stockyard or FOB
mill price to unrelated purchasers in the home market.
The Department made adjustments, where applicable, for discounts,
rebates, warranty and servicing expenses, royalty fees, fees for
outside inspectors, and for differences in packing material and credit.
The Department also made an adjustment to FMV for imputed consumption
taxes in accordance with the aforementioned Federal-Mogul decision.
No other adjustments were claimed or allowed.
Preliminary Results of Review
As a result of our comparison of USP to FMV, the Department
preliminary determines that no margin exists for IPSCO for the period
June 1, 1993, through May 31, 1994.
Interested parties may request disclosure within 5 days of the date
of publication of this notice and may request a hearing within 10 days
of publication. Any hearing, if requested, will be held 44 days after
the date of publication of this notice, or the first workday
thereafter. Case briefs and written comments from interested parties
may be submitted not later than 30 days after the date of publication.
Rebuttal briefs and rebuttals to written comments, limited to the
issues raised in the case briefs and comments, may be filed not later
than 37 days after the date of publication. The Department will publish
the final results of this administrative review, including the results
of its analysis of any such written comments or hearing.
The Department shall determine, and U.S. Customs shall assess,
antidumping duties on all appropriate entries. The Department will
issue appraisement instructions directly to U.S. Customs.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise, entered or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Act: (1) The cash deposit rate for the reviewed
company will be that rate established in the final results of this
administrative review; (2) the cash deposit rate for merchandise
exported by manufacturers or exporters not covered in this review but
covered in a previous review or the original less-than-fair-value
(LTFV) investigation, will continue to be the rate published in the
most recent final results or determination for which the manufacturer
or exporter received a company-specific rate; (3) if the exporter is
not a firm covered in this review, earlier reviews, or the original
investigation, but the manufacturer is, the cash deposit rate will be
that established for the manufacturer of the merchandise in these final
results of review, earlier reviews, or the original investigation,
whichever is the most recent; and (4) the ``all others'' rate, as
determined in the LTFV investigation, will be 16.65 percent.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during the 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.
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 353.22.
Dated: April 13, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-9938 Filed 4-20-95; 8:45 am]
BILLING CODE 3510-DS-P
