Antidumping: Korea,
[Federal Register: March 19, 2002 (Volume 67, Number 53)]
[Notices]
[Page 12520-12521]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr02-56]
[[Page 12520]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-825]
Oil Country Tubular Goods, Other Than Drill Pipe From Korea: Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce.
SUMMARY: On September 10, 2001, the Department of Commerce (the Department) published the preliminary results of its administrative review of the antidumping duty order on oil country tubular goods, other than drill pipe (OCTG) from Korea. See Oil Country Tubular Goods From Korea: Preliminary Results of Antidumping Duty Administrative Review, 66 FR 46999 (September 10, 2001) (Preliminary Results). This review covers one manufacturer/exporter of OCTG, SeAH Steel Corporation (``SeAH''), and the period August 1, 1999 through July 31, 2000. We gave interested parties an opportunity to comment on our preliminary results. As a result of these comments, we have made certain changes in these final results. These changes are discussed in the section on ``Interested Party Comments'' below.
EFFECTIVE DATE: March 19, 2002.
FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn at (202) 482-4236 or Scott Lindsay at (202) 482-0780, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Applicable Statute and Regulations
Unless otherwise indicated, all citations are to the Tariff Act of 1930, as amended (the Act). In addition, unless otherwise indicated, all citations to the Department's regulations are to 19 CFR part 351 (2000).
Background
On August 11, 1995, the Department published in the Federal Register an antidumping duty order on oil country tubular goods, other than drill pipe, (OCTG) from Korea (60 FR 41057). On August 31, 2000, the Department received a timely request from SeAH to conduct an administrative review pursuant to section 351.213(b)(2) of the Department's regulations. We published a notice of initiation of this antidumping duty administrative review on OCTG on October 2, 2000 (65 FR 58733).
The Department determined it was not practicable to complete the review within the standard time frame, and extended the deadline for completion of the preliminary results for this antidumping duty administrative review. See Oil Country Tubular Goods from Korea: Extension of Time Limit for Preliminary Results of Antidumping Administrative Review, 66 FR 23232 (May 8, 2001). On September 10, 2001, the Department published the preliminary results of this administrative review.
The Department subsequently determined that it was not practicable to complete the review within the initial time limits mandated by section 751(a)(3)(A) of the Act and extended the deadline for completion of the final results for this antidumping duty administrative review. See Notice of Extension of Time Limit for Final Results of Administrative Antidumping Review: Oil Country Tubular Goods, Other Than Drill Pipe, From Korea, 66 FR 66402, (December 26, 2001).
Scope of Review
The products covered by this order are oil country tubular goods (``OCTG''), hollow steel products of circular cross-section, including only oil well casing and tubing, 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 or tubing pipe containing 10.5 percent or more of chromium, or drill pipe. The products subject to this order are currently classified in the Harmonized Tariff Schedule of the United States (``HTSUS'') under item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.30.10, 7304.29.30.20, 7304.29.30.30, 7304.29.30.40, 7304.29.30.50, 7304.29.30.60, 7304.29.30.80, 7304.29.40.10, 7304.29.40.20, 7304.29.40.30, 7304.29.40.40, 7304.29.40.50, 7304.29.40.60, 7304.29.40.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.60.15, 7304.29.60.30, 7304.29.60.45, 7304.29.60.60, 7304.29.60.75, 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. The HTSUS item numbers are provided for convenience and Customs purposes. The written description remains dispositive of the scope of this review.
Period of Review
This review covers the period August 1, 1999 through July 31, 2000.
Analysis of Comments Received
All issues raised in the briefs filedby parties to this administrative review are addressed in the Memorandum from Joseph A. Spetrini, Deputy Assistant Secretary for AD/CVD Enforcement Group III, to Faryar Shirzad, Assistant Secretary for Import Administration: Issues and Decision Memo for the Final Results of the Antidumping Adminstrative Review of Oil Country Tubular Goods, Other Than Drill Pipe From Korea, dated March 11, 2002 (Decision Memo), which is hereby adopted by this notice.
A list of the issues which parties have raised and to which we have responded, all of which are in the Decision Memo, is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, room B-099 of the main Commerce Building. In addition, a complete version of the Decision Memo can be accessed directly on the Internet at http://ia.ita.doc.gov. The paper copy and electronic version of the Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made changes to the margin calculation.
We modified our margin calculation so that we no longer deduct both freight revenue (FRTREVU) and inland freight from the warehouse to the customer expense (INLFWCU) from total gross unit price (TGRSUPRU). Instead we added FRTREVU to GRSUPRU to calculate TGRSUPRU and then deducted INLFWCU as part of U.S. movement expenses. However, we also modified our margin calculation so that TGRSUPRU does not include FRTREVU for sales for which SeAH did not report a corresponding INLFWCU.
Final Results of Review
We determine that the following weighted-average margin exists for the
[[Page 12521]]
period August 1, 1999 through July 31, 2000:
Margin Manufacturer/exporter
(percent)
SeAH Steel Corporation.....................................
1.56
Assessment Rates
The Department shall determine, and the Customs Service shall assess, antidumping duties on all appropriate entries. We have calculated importer-specific ad valorem assessment rates for SeAH based on entered values. We will direct the Customs Service to assess the ad valorem assessment rate against the entered customs value for each entry of subject merchandise from SeAH during the review period. For customs purposes only, this case is identified using case number A-580- 215.
Cash Deposit Requirements
The following deposit requirements shall be effective for all shipments of the subject merchandise from Korea that are entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided for by section 751(a)(1) of the Act: (1) The cash deposit rate for SeAH Steel Corporation will be the rate established above in the ``Final Results of Review'' section; (2) for previously investigated or reviewed 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, 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 of this merchandise will continue to be 12.17 percent, the all others rate made effective by the less-than- fair-value investigation. These requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review.
This notice 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 subsequent assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.305(a)(3) of the Department's regulations. Timely written notification of the 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 issued and published in accordance with sections 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.213 and 19 CFR 351.221(b)(5).
Dated: March 11, 2002. Faryar Shirzad, Assistant Secretary for Import Administration.
Appendix
List of Issues
-
Freight Revenue and U.S. Price 2. Constructed Export Price Selling Expenses in Korea 3. Date of Sale for SeAH's Third Country Sales 4. SeAH's G&A and Interest Expense 5. SeAH's Warranty Expenses
[FR Doc. 02-6599Filed3-18-02; 8:45 am]
BILLING CODE 3510-DS-P
