96-18426. Oil Country Tubular Goods From Canada; Preliminary Results of Antidumping Duty Administrative Review and Intent To Revoke Order (in Part)  

  • [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
    
    
    

Document Information

Effective Date:
7/19/1996
Published:
07/19/1996
Department:
International Trade Administration
Entry Type:
Notice
Action:
Notice of Preliminary Results of Antidumping Duty Administrative Review and Intent to Revoke Order (in Part).
Document Number:
96-18426
Dates:
July 19, 1996.
Pages:
37720-37721 (2 pages)
Docket Numbers:
A-122-506
PDF File:
96-18426.pdf