Amended Preliminary Determination of Sales at Less Than Fair Value: Oil Country Tubular Goods From Argentina

[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]

[Notices]

[Pages 13119-13120]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 95-6011]

[[Page 13119]]

DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-810]

Amended Preliminary Determination of Sales at Less Than Fair

Value: Oil Country Tubular Goods From Argentina

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: March 10, 1995.

FOR FURTHER INFORMATION CONTACT: John Beck or Jennifer Stagner, Office

of Antidumping Investigations, Import Administration, U.S. Department

of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC.

20230; telephone (202) 482-3464 or (202) 482-1673, respectively.

Scope of Investigation

For purposes of this investigation, OCTG 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 investigation does not cover casing, tubing, or drill

pipe containing 10.5 percent or more of chromium. The OCTG subject to

this investigation is currently classified in the Harmonized Tariff

Schedule of the United States (HTSUS) under item numbers:

7304.20.10.00, 7304.20.10.10, 7304.20.10.20, 7304.20.10.30,

7304.20.10.40, 7304.20.10.50, 7304.20.10.60, 7304.20.10.80,

7304.20.20.00, 7304.20.20.10, 7304.20.20.20, 7304.20.20.30,

7304.20.20.40, 7304.20.20.50, 7304.20.20.60, 7304.20.20.80,

7304.20.30.00, 7304.20.30.10, 7304.20.30.20, 7304.20.30.30,

7304.20.30.40, 7304.20.30.50, 7304.20.30.60, 7304.20.30.80,

7304.20.40.00, 7304.20.40.10, 7304.20.40.20, 7304.20.40.30,

7304.20.40.40, 7304.20.40.50, 7304.20.40.60, 7304.20.40.80,

7304.20.50.10, 7304.20.50.15, 7304.20.50.30, 7304.20.50.45,

7304.20.50.50, 7304.20.50.60, 7304.20.50.75, 7304.20.60.10,

7304.20.60.15, 7304.20.60.30, 7304.20.60.45, 7304.20.60.50,

7304.20.60.60, 7304.20.60.75, 7304.20.70.00, 7304.20.80.00,

7304.20.80.30, 7304.20.80.45, 7304.20.80.60, 7305.20.20.00,

7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.20.10.30,

7306.20.10.90, 7306.20.20.00, 7306.20.30.00, 7306.20.40.00,

7306.20.60.10, 7306.20.60.50, 7306.20.80.10, and 7306.20.80.50.

Although the HTSUS subheadings are provided for convenience and

customs purposes, our written description of the scope of this

investigation is dispositive.

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute and to the

Department's regulations are in reference to the provisions as they

existed on December 31, 1994.

References to the Antidumping and Countervailing Duties: Notice of

Proposed Rulemaking and Request for Public Comments (57 FR 1131,

January 10, 1992) (concerning correction of ministerial errors in a

preliminary determination), which were withdrawn on January 3, 1995 (60

FR 80), are provided solely for further explanation of the Department's

practice and procedures with respect to correction of ministerial

errors. The subject matter of these regulations is being considered in

connection with an ongoing rulemaking proceeding which, among other

things, is intended to conform the Department's regulations to the

Uruguay Round Agreements Act.

Amendment of Preliminary Determination

In accordance with section 733(b) of the Tariff Act of 1930, as

amended (the Act) (19 U.S.C. 1673b(b)), on February 2, 1995, the

Department of Commerce (the Department) published its preliminary

determination that OCTG from Argentina were being sold at less than

fair value (60 FR 6503, February 2, 1995).

On February 3, 1995, Siderca S.A.I.C. (Siderca), the respondent in

the investigation, timely alleged that the Department had made a

ministerial error in its preliminary determination and requested that

the Department correct this error. This alleged error involved

different U.S. further manufacturing costs associated with the same

control number. Siderca stated that the reported control numbers were

based on the merchandise as imported into the United States. Certain

products that were identical as imported and therefore had identical

control numbers were further manufactured into different products with

different corresponding costs.

Siderca argued that the Department incorrectly averaged different

U.S. manufactured costs by imported product (i.e. control number)

instead of matching the individual sales transactions with the

submitted costs applicable to that transaction. Siderca stated that

correcting for the error would change the preliminary antidumping

margin to 0.42%, a de minimis amount, and therefore the preliminary

determination would be negative.

Pursuant to 19 CFR 353.28(c)(1994), the Department may correct

``ministerial errors'' in its calculations. A ``ministerial error'' is

defined in 19 CFR 353.28(d)(1994) as ``an error in addition,

subtraction, or other arithmetic function, clerical error resulting

from inaccurate copying, duplication, or the like, and any other type

of unintentional error which the Secretary considers ministerial.'' We

agreed with Siderca that matching sales to further manufacturing costs

based on control number was a ministerial error (see the February 27,

1995, memorandum from the team to Barbara R. Stafford).

Furthermore, in accordance with the proposed regulations concerning

the correction of ministerial errors, 19 CFR 353.15(g)(4)(ii) (57 FR

1131, 1133, January 10, 1992), the Department will correct ministerial

errors in a preliminary determination if the errors constitute

``significant ministerial errors.'' Under the proposed rules, a

ministerial error would be ``significant'' if the correction of the

error:

(A) Would result in a change of at least 5 absolute percentage

points in, but not less than 25 percent of, the dumping margin

calculated in the original (erroneous) preliminary determination; or

(B) Would result in a difference between a dumping margin of zero

(or de minimis) and a margin of greater than de minimis.

After correcting for the ministerial error, the margin for Siderca

changed to 0.42%, a de minimis amount. Therefore, this error is

``significant'' as defined in the Department's proposed regulations.

Thus, the Department is hereby amending its preliminary determination

to correct for this ministerial error.

Discontinuation of Suspension of Liquidation

Since the amended margin for Siderca is now de minimis, we are

directing the Customs Service to discontinue suspending liquidation of

all entries of OCTG from Argentina, as defined in the ``Scope of

Investigation'' section of this notice, that are entered, or withdrawn

from warehouse, for consumption on or after February 2, 1995, the date

of publication of the original preliminary determination in the Federal

Register. Furthermore, we are directing the Customs Service to refund

all cash deposits or postings of a bond which [[Page 13120]] have been

collected on the subject merchandise from Argentina.

ITC Notification

In accordance with section 733(f) of the Act, we have notified the

ITC of our amended preliminary determination.

In accordance with section 735(b)(3), if our final determination is

affirmative, the ITC will determine whether these imports are

materially injuring, or threaten material injury to, the U.S. industry

within 75 days after the date of that affirmative final determination.

Public Comment

In accordance with 19 CFR 353.38, case briefs or other written

comments in at least ten copies may be submitted by any interested

party to the Assistant Secretary for Import Administration no later

than May 2, 1995, and rebuttal briefs no later than May 9, 1995. We

request that parties in this case provide an executive summary of no

more than two pages in conjunction with case briefs on the major issues

to be addressed. Further, briefs should contain a table of authorities.

Citations to Commerce determinations and court decisions should include

the page number where cited information appears. In preparing the

briefs, please begin each issue on a separate page. In accordance with

19 CFR 353.38(b), we will hold a public hearing to give interested

parties an opportunity to comment on arguments raised in case or

rebuttal briefs. Tentatively, the hearing will be held on May 19, 1995,

at 10:00 a.m. at the U.S. Department of Commerce, Room 1414, 14th

Street and Constitution Avenue, N.W., Washington, D.C. 20230. Parties

should confirm the time, date, and place of the hearing 48 hours before

the scheduled time.

This determination is published pursuant to section 733(f) of the

Act (19 U.S.C. 1673b(f)) and 19 CFR 353.15(a)(4).

Dated: March 6, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-6011 Filed 3-9-95; 8:45 am]

BILLING CODE 3510-DS-P