[Federal Register Volume 59, Number 127 (Tuesday, July 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16207]
[[Page Unknown]]
[Federal Register: July 5, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[A-122-506]
Oil Country Tubular Goods From Canada, Final Results of
Antidumping Duty Administrative Review
AGENCY: International Trade Administration/Import Administration/
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
-----------------------------------------------------------------------
SUMMARY: On April 20, 1994, the Department of Commerce (the Department)
published the preliminary results of review of the antidumping duty
order on oil country tubular goods from Canada (51 FR 21782; June 16,
1986). The review covers one manufacturer/exporter, IPSCO Inc. (IPSCO),
and the period June 1, 1992, through May 31, 1993.
We gave interested parties an opportunity to comment on the
preliminary results. Since the Department received no comments, the
final results remain unchanged from the preliminary results.
EFFECTIVE DATE: July 5, 1994.
FOR FURTHER INFORMATION CONTACT: David Genovese or Michael Heaney,
Office of Antidumping Compliance, International Trade Administration,
U.S. Department of Commerce, Washington, DC 20230; telephone (202)482-
5254.
SUPPLEMENTARY INFORMATION:
Background
On June 25, 1993, IPSCO requested that the Department conduct an
administrative review of the antidumping duty order on oil country
tubular goods (OCTG) from Canada. The Department initiated the review
on July 21, 1993 (58 FR 39007), covering the period June 1, 1992,
through May 31, 1993. On April 20, 1994, the Department published the
preliminary results of review (59 FR 18798). The Department has now
completed 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 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 Customs purposes. The
written description remains dispositive.
Final Results of Review
We gave interested parties an opportunity to comment on the
preliminary results. The Department received no comments. Accordingly,
we have determined that a final margin of zero percent exists for IPSCO
for the period June 1, 1992 through May 1, 1993.
The Department will issue appraisement instructions directly to the
Customs Service.
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 these
final results of review, as provided by section 751(a)(1) of the Act:
(1) the cash deposit rate for IPSCO will be zero percent; (2) 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, the cash deposit rate 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 will be 16.65 percent, as explained below.
On May 25, 1993, the Court of International Trade, in Floral Trade
Council v. United States, Slip Op. 93-79, and Federal-Mogul Corporation
v. United States, 822 F. Supp. 782 (1993), decided that once an ``all
others'' rate is established for a company it can only be changed
through an administrative review. The Department has determined that in
order to implement these decisions, it is appropriate to reinstate the
original ``all others'' rate from the LTFV investigation (or that rate
as amended for correction of clerical errors or as a result of
litigation) in proceedings governed by antidumping duty orders.
Accordingly, the cash deposit rate for any future entries from all
other manufacturers or exporters, who are not covered in this or prior
administrative reviews and who are unrelated to the reviewed firms or
any previously reviewed firm, will be the ``all others'' rate
established in the original LTFV investigation, which is 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 also serves as a 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 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 notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification of
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
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: June 27, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-16207 Filed 7-1-94; 8:45 am]
BILLING CODE 3510-DS-P
