[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Notices]
[Pages 37720-37721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18426]
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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 and Intent To Revoke Order (in
Part)
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of Antidumping Duty
Administrative Review and Intent to Revoke Order (in Part).
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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. This review covers one manufacturer/
exporter, IPSCO, and the period June 1, 1994 through May 31, 1995.
We preliminarily determine the dumping margin for IPSCO to be zero
percent during the period June 1, 1994, through May 31, 1995. In
accordance with section 353.25 of the Department's regulations, we
intend to revoke the antidumping duty order with respect to IPSCO
because we have reason to believe that IPSCO has sold the merchandise
at not less than normal value (NV) for a period of at least three
consecutive years and is not likely to sell the subject merchandise at
less than NV in the future. Interested parties are invited to comment
on these preliminary results. Parties who submit argument in this
proceeding are requested to submit with the argument: (1) a statement
of the issue; and (2) a brief summary of the argument.
EFFECTIVE DATE: July 19, 1996.
FOR FURTHER INFORMATION CONTACT: David Genovese or Zev Primor, Office
of Antidumping Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
5253.
SUPPLEMENTARY INFORMATION:
The Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Rounds Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
Background
The Department published an antidumping duty order on OCTG from
Canada on June 16, 1986 (51 FR 21782) and an amended order on August
19, 1986 (51 FR 29579). The Department published a notice of
``Opportunity To Request an Administrative Review'' of the antidumping
duty order for the 1994/1995 review period on June 6, 1995 (60 FR
29821). On June 21, 1995, IPSCO requested that the Department conduct
an administrative review of the antidumping duty order on OCTG from
Canada. We initiated the review on July 14, 1995 (60 FR 36260).
Due to the federal government shutdown and the necessity for
verification, the Department extended the time limits for the deadlines
for the preliminary and final results of review. See Antidumping Duty
Administrative Reviews; Time Limits, 61 FR 9676 (March 11, 1996).
The Department is now conducting this administrative review in
accordance with section 751 of the Act.
Intent To Revoke
In its submission of June 21, 1995, IPSCO requested, pursuant to 19
CFR 353.25(b), revocation of the order with respect to its sales of
OCTG. In accordance with 19 CFR 353.25(b), IPSCO submitted: (1) a
certification that it sold the subject merchandise at not less than
normal value (NV) during the relevant review period, and that in the
future it will not sell the subject merchandise at less than NV; and
(2) a statement that it agrees to the immediate reinstatement of the
order, as long as any producer or reseller is subject to the order, if
the Department concludes that IPSCO sold the subject merchandise at
less than NV subsequent to the revocation. Based on the preliminary
results in this review and the final results of the two preceding
reviews, IPSCO has demonstrated three consecutive years of sales at not
less than NV.
If the final results of this review demonstrate that IPSCO sold the
merchandise at not less than NV, and if the Department determines that
it is not likely that IPSCO will sell the subject merchandise at less
than NV in the future, we intend to revoke the order with respect to
merchandise produced and exported by IPSCO.
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 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
[[Page 37721]]
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.
Verification
In accordance with section 353.25(c)(2)(ii) of the Department's
regulations, we verified information provided by IPSCO using standard
verification procedures, including the examination of relevant sales
and financial records, and selection of original documentation
containing relevant information. Our verification results are outlined
in the public version of the verification report.
United States Price
We used export price (EP) as the basis for U.S. price (USP), as
defined in section 772(a) of the Act. IPSCO reported that EP was based
on the delivered price to unaffiliated purchasers in the United States.
We made deductions for freight from the plant to the customer, and U.S.
duty and brokerage charges, in accordance with section 772(c)(2)(A) of
the Act, because these expenses were incident to bringing the subject
merchandise from the original place of shipment in the exporting
country to the place of delivery in the United States. We also made a
deduction for early payment discounts. No other adjustments to the EP
were claimed or allowed.
Normal Value
We based NV on the price which the foreign like product is first
sold for consumption in the exporting country, in the usual commercial
quantities and in the ordinary course of trade, and to the extent
practicable, at the same level of trade as the export price, as defined
by section 773(a)(1)(B)(i) of the Act. The NV price was reported on a
Goods and Services Tax-exclusive basis. We reduced NV for home market
credit expense, in accordance with section 773(a)(6)(C)(iii), due to
differences in circumstances of sale. We also reduced NV by packing and
freight costs incurred in the home market, in accordance with sections
773(a)(6)(B)(i) and 773(a)(6)(B)(ii), respectively. In addition, we
increased NV for U.S. packing costs and U.S. credit expenses, in
accordance with sections 773(a)(6)(A) and 773(a)(6)(C)(iii) of the Act,
respectively. No other adjustments were claimed or allowed.
Preliminary Results
As a result of this review, we preliminarily determine that no
dumping margins exist for IPSCO for the period June 1, 1994, through
May 31, 1995.
Parties to this proceeding may request disclosure within five days
of publication of this notice and any interested party may request a
hearing within 10 days of publication. Any hearing, if requested, will
be held 44 days after the date of publication, or the first working day
thereafter. Interested parties may submit case briefs and/or written
comments no later than 30 days after the date of publication. Rebuttal
briefs and rebuttals to written comments, limited to issues raised in
such briefs or comments, may be filed no later than 37 days after the
date of publication. The Department will publish a notice of the final
results of the administrative review, which will include the results of
its analysis of issues raised in any such written comments or at the
hearing, within 120 days from the issuance of these preliminary
results.
The Department shall determine, and Customs shall assess,
antidumping duties on all appropriate entries. Individual differences
between USP and NV may vary from the percentages stated above. The
Department will issue appraisement instructions directly to Customs.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by this review
and for future deposits of estimated duties.
Furthermore, the following deposit requirements will be effective
upon completion of the final results of this administrative review for
all shipments of OCTG from Canada 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 IPSCO will be the rate established
in the final results of this administrative review; (2) for merchandise
exported by manufacturers or exporters not covered in this review but
covered in the original less-than-fair-value (LTFV) investigation or a
previous review, the cash deposit will continue to be the most recent
rate published in the final determination or final results for which
the manufacturer or exporter received a company-specific rate; (3) if
the exporter is not a firm covered in this review, or the original
investigation, but the manufacturer is, the cash deposit rate will be
that established for the manufacturer of the merchandise in the final
results of this review, or the LTFV investigation; and (4) if neither
the exporter nor the manufacturer is a firm covered in this or any
previous review, the cash deposit rate will be 16.65 percent, the
``all-others'' rate established in the LTFV investigation.
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(b) 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.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act.
Dated: July 12, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-18426 Filed 7-18-96; 8:45 am]
BILLING CODE 3510-DS-P