[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Notices]
[Pages 49089-49090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24600]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-810]
Oil Country Tubular Goods From Argentina; Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of rescission of antidumping duty administrative review.
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SUMMARY: On September 25, 1997, the Department of Commerce (the
Department) published in the Federal Register a notice announcing the
initiation of an administrative review of the antidumping duty order on
oil country tubular goods (OCTG) from Argentina. This review covers the
period August 1, 1996 through July 31, 1997. Based on information on
the record of this review, all subject merchandise exported by Siderca
to the United States during the period of review (POR) was entered into
a foreign trade zone (FTZ) or under a temporary importation bond (TIB)
and, therefore, was not subject to dumping duties. This review has now
been rescinded as a result of our determination that there were no
consumption entries into the United States during the POR.
EFFECTIVE DATE: September 14, 1998.
FOR FURTHER INFORMATION CONTACT:
Heather Osborne or John Kugelman, AD/CVD Enforcement Group III--Office
8, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue. NW.,
Washington, DC 20230; telephone (202) 482-3019 or (202) 482-0649,
respectively.
Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act) are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the Act
by the Uruguay Round Agreements Act. In addition, unless otherwise
indicated, all citations to the Departments regulations are references
to the provisions codified at 19 CFR part 351 (62 FR 27296, may 19,
1997).
Scope of the Review
Oil country tubular goods are hollow steel products of circular
cross-section, including oil well casing, tubing, and drill pipe, of
iron (other than cast iron) or steel (both carbon and alloy), whether
seamless or welded, whether or not conforming to American Petroleum
Institute (API) or non-API specifications, whether finished or
unfinished (including green tubes and limited service OCTG products).
This scope does not cover casing, tubing, or drill pipe containing 10.5
percent or more of chromium. The OCTG subject to this review are
currently classified in the following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 7304.20.20, 7304.20.40, 7304.20.50,
7304.20.60, 7304.20.80, 7304.39.00, 7304.51.50, 7304.20.70, 7304.59.60,
7304.59.80, 7304.90.70, 7305.20.40, 7305.20.60, 7305.20.80, 7305.31.40,
7305.31.60, 7305.39.10, 7305.39.50, 7305.90.10, 7305.90.50, 7306.20.20,
7306.20.30, 7306.20.40, 7306.20.60, 7306.20.80, 7306.30.50, 7306.50.50,
7306.60.70, and 7306.90.10. The HTS subheadings are provided for
convenience and Customs purposes.
[[Page 49090]]
The written description remains dispositive.
Background
We received requests for an administrative review of Siderca
S.A.I.C., an Argentine producer and exporter of OCTG, and Siderca
Corporation, an affiliated U.S. importer and reseller of such
merchandise (collectively, Siderca). Petitions Lone Star Steel and
IPSCO Tubulars, Inc. submitted a request for review on August 29, 1997,
of the anitdumping duty order published in the Federal Register on
August 11, 1995 (60 FR 41055). Petitioner North Star Steel of Ohio
submitted a separate request for review on September 2, 1997. We
initiated this review on September 25, 1997 (62 FR 50292). We received
comments from Siderca and petitioners concerning whether Siderca made
entries from consumption in the United States during the POR.
Petitioners filed duty absorption requests on October 23, 1997 and
October 26, 1997, respectively.
SUPPLEMENTARY INFORMATION: In its original submission Siderca claimed
that ``it did not export, directly or indirectly, subject merchandise
that was entered for consumption into the United States during the
period of review.'' Siderca also claims that its U.S.A. affiliate,
Siderca Corporation, did not import for consumption any subject
merchandise during the POR.
Petitioners subsequently claimed that publicly available import
data from the Department's IM-145 database contradicted Siderca's
claims that no subject merchandise was entered for consumption during
the POR. Petitioners asserted that Siderca was the only exporter of
Argentine OCTG to the United States, and in fact entered a substantial
quantity of OCTG during the POR. Specifically, petitioners claimed that
949.909 metric tons of Argentine OCTG were entered for consumption
during the POR, and filed an affidavit claiming a sale was made from an
FTZ to a U.S. company during the POR. Petitioners asked the Department
to investigate these sales and to require Siderca to report all U.S.
and home market sales of OCTG made during the POR.
In response, Siderca indicated that it made no U.S. sales or
consumption entries during the POR. Siderca claimed that all of its
shipments to the United States were FTZ or TIB entries, and were
destined for re-export. Siderca indicated it had no knowledge of its
customers having entered covered merchandise into the United States for
consumption. Siderca argued that if any such entries occurred, they
could not be the basis for a review of Siderca. Siderca emphasized that
all customers are aware of Siderca's policy prohibiting entry of
subject merchandise into the United States. Siderca asserted that
entries appearing on the IM-145 were in error, and were most likely TIB
entries mistakenly classified as consumption entries. Siderca also
indicated that the entries in question could have been classified under
the wrong HTS number. For several of the entries listed by petitioners,
Siderca claimed that due to grade specification or dimensions, the
merchandise was incapable of being produced in Argentina. (See November
12, 1997 submission at 9.)
On December 22, 1997, petitioners disputed Siderca's claim that it
was unaware of any consumption entries of OCTG from Argentina, and
that, regardless of Siderca's policy, as the sole producer of OCTG in
Argentina, Siderca was responsible for any U.S. shipments entered for
consumption during the POR.
The Department issued a supplemental questionnaire on March 18,
1998, requesting additional information on Siderca's FTZ or TIB
shipments during the period.
Siderca provided sales documentation for all transactions during
the POR indicating that all of its sales were either sold directly to a
third country, were TIB entries for re-export to a third country, were
FTZ entries for re-export to a third country, or were transportation
and exportation (T&E) entries for re-export to a third country. As a
condition of these types of entries Siderca is required to document to
U.S. Customs the final disposition of the merchandise, and to confirm
that all shipments are in fact re-exported.
On March 20, 1998, the Department forwarded a no-shipment inquiry
to the U.S. Customs Service (Customs) for circulation to all Customs
ports. Customs did not indicate to the Department that there was any
record of consumption entries of OCTG by Siderca during the POR. On
April 23, 1998, the Department requested additional information from
Customs regarding one Siderca entry appearing in the Department's IM-
115 database. Customs subsequently confirmed that the entry was in fact
a TIB entry and one that had been misclassified as subject merchandise.
(See memorandum to the file, Customs Confirmation of Siderca Entry,
August 24, 1998.) Given Customs' confirmation that there were no
consumption entries of Argentine OCTG, and documentation provided by
Siderca (purchase orders and invoices) that all of its sales of OCTG
during the POR were either TIB entries, FTZ entries for re-export to
third countries, or direct sales to third countries, there is no
evidence on the record of this review of any consumption entries of
Argentine OCTG during the POR. In conclusion, the Department determines
that none of Siderca's sales of subject merchandise were entered into
the United States for consumption during the POR and, thus, there are
no entries to review.
Because Siderca was the only firm for which a review was requested
and it had no U.S. entries for consumption of covered merchandise
during the POR, there is no basis for continuing this administrative
review. We therefore are rescinding this review in accordance with
section 351.213(d)(3) of the Department's regulations.
The issue of whether couplings and coupling stock are included
within the scope of the antidumping duty order on OCTG from Argentina
was originally raised by the petitioners in the context of this
administrative review. Because we have determined pursuant to section
351.225(d) of the Department's regulations that the section
351.225(k)(1) analysis is dispositive that couplings and coupling stock
are outside the scope of the order, we have issued separately a final
scope ruling to that effect. (See Final Scope Ruling--Antidumping Duty
Order on Oil Country Tubular Goods from Argentina, August 28, 1998.)
Finally, our decision to rescind this review renders moot the
petitioners' request for a duty absorption inquiry.
The cash deposit rate for all firms will continue to be the rate
established in the most recently completed segment of this proceeding
(i.e., 1.36 percent).
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 351.221.
Dated: August 28, 1998.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 98-24600 Filed 9-11-98; 8:45 am]
BILLING CODE 3510-DS-M
