Oil Country Tubular Goods From Canada, Final Results of Antidumping Duty Administrative Review

Federal RegisterJul 5, 1994

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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.

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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

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