[Federal Register Volume 65, Number 111 (Thursday, June 8, 2000)]
[Notices]
[Pages 36406-36407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14501]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-506]


Notice of Final Results of Antidumping Duty New Shipper Review: 
Oil Country Tubular Goods From Canada

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of antidumping duty new shipper review.

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SUMMARY: On November 30, 1999, the Department of Commerce (``the 
Department'') published the preliminary results of new shipper review 
of the antidumping duty order on oil country tubular goods (``OCTG'') 
from Canada. This review covers one manufacturer/exporter, Atlas Tube, 
Inc. (``Atlas''), and the period June 1, 1998 through November 30, 
1998.
    We received comments by petitioners, Lone Star Steel Company and 
Maverick Tube Corporation, (collectively ``the petitioners''), and 
rebuttal comments from Atlas. Based on our analysis of comments 
received and corrections from verification, we have made changes in the 
margin calculations. Therefore, the final results differ from the 
preliminary results. The final weighted-average dumping margin for the 
reviewed firm is listed below, in the section entitled ``Final Results 
of Review.''

EFFECTIVE DATE: June 8, 2000.

FOR FURTHER INFORMATION CONTACT: Mark Manning or Nithya Nagarajan, AD/
CVD Enforcement Group II, Office IV, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-3936 or (202) 482-5253, respectively.

SUPPLEMENTARY INFORMATION:

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 at 19 CFR part 351 (1998).

Background

    On November 30, 1999, the Department published the preliminary 
results of administrative review of the antidumping duty order on OCTG 
from Canada (64 FR 66886). The review covers one manufacturer/exporter. 
The period of review (``POR'') is June 1, 1998 through November 30, 
1998. We invited parties to comment on our preliminary results of 
review. None of the interested parties requested a public hearing; 
therefore, none was held. The Department has conducted this 
administrative review in accordance with section 751 of 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.

[[Page 36407]]

    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

    As provided in section 782(i) of the Act, we conducted 
verifications of the information provided by Atlas. We used standard 
verification procedures, including: On-site inspection of the 
manufacturers' facilities, examination of relevant sales and financial 
records, and selection of relevant source documentation as exhibits. 
Our verification findings are detailed in the memoranda dated March 8, 
2000, the public versions of which are on file in the Central Records 
Unit, Room B-099 of the Main Commerce building (B-099).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this new shipper review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from Holly A. Kuga, Acting 
Deputy Assistant Secretary, Important Administration, to Troy H. Cribb, 
Acting Assistant Secretary for Import Administration, dated June 1, 
2000, which is hereby adopted by this notice. A list of the issues 
parties have raised and to which we have responded, all of which are in 
the Decision Memorandum, is attached to this notice as an Appendix. 
Parties will find a complete discussion of all issues raised in this 
review and the corresponding recommendations in this public memorandum 
which is on file in room B-099. In addition a complete version of the 
Decision Memo can be accessed directly on the Web at www.ita.doc.gov/
import__admin/records/frn/, under the heading ``Applicable Country.'' 
The paper copy and electronic version of the Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results of Review

    The Department, at verification, found certain errors in the 
reported values for inland freight in the home market and U.S. sales 
databases. The Department adjusted for these errors in these final 
results of new shipper review. See Sales Verification Report, dated 
March 8, 2000; see also Final Calculation Memorandum, dated June 1, 
2000. No other changes were made to our margin calculation program.

Final Results of Review

    We determine that the following percentage weighted-average margins 
exist for the period June 1, 1998, through November 30, 1998:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Atlas Tube, Inc............................................         0.88
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated an importer-specific duty assessment 
rate. With respect to both export price and constructed export price 
sales, we divided total dumping margins for the reviewed sales by the 
total entered value of those reviewed sales for each importer. We will 
direct Customs to assess the resulting percentage margins against the 
entered Customs values for the subject merchandise on each of that 
importer's entries under the order during the review period.

Cash Deposit Requirements

    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 new shipper review, as provided by section 751(a)(1) of the Act: 
(1) The cash deposit rate for Atlas will be the rate shown above; (2) 
for previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review, in a prior review, or the original 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 16.65 percent. This rate 
is the ``All-Others'' rate established in the less than fair value 
investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of administrative review for a subsequent review 
period.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanction.
    This administrative review and notice are in accordance with 
sections 751(a)(2) and 771(i) of the Act.

    Dated: June 1, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments and Responses

1. Cost of Production and Constructed Value
    A. Product Specific Costs
2. Date of Sale
    A. Contract Date vs. Invoice Date
3. Home Market Sales and Export Price
    A. Billing Adjustments
[FR Doc. 00-14501 Filed 6-7-00; 8:45 am]
BILLING CODE 3510-DS-P