Antidumping: Oil country tubular goods from— Argentina,

[Federal Register: January 27, 1999 (Volume 64, Number 17)]

[Notices]

[Page 4069-4070]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr27ja99-21]

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.

SUMMARY: On September 28, 1998, 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 (See Notice of Initiation, 63 FR 51893). This review covers the period August 1, 1997 through July 31, 1998. The only companies subject to review in this segment of the proceeding are Siderca S.A.I.C. and its U.S. affiliate, Siderca Corporation (collectively, Siderca). We determine that there were no consumption entries during the period of review (POR) of OCTG from Argentina produced or exported by Siderca.

We have reviewed petitioner's claim that subject merchandise was entered for consumption into the United States during the POR. We received confirmation from the U.S. Customs Service (Customs) that the merchandise entered for consumption during the POR was not manufactured by Siderca, and therefore not subject to this review. This review has therefore been rescinded as a result of our determination that there were no consumption entries during the POR of OCTG from Argentina produced or exported by Siderca.

EFFECTIVE DATE: (Insert date of publication in the Federal Register.)

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, or fax (202) 482-1388.

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 Department's 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 7606.90.10. The HTSUS subheadings are provided for convenience and Customs purposes. The written description remains dispositive.

Background

We received a request on August 31, 1998, 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), from the petitioner, North Star Steel Ohio (North Star). The antidumping duty order was published in the Federal Register on August 11, 1995 (60 FR 41055).

SUPPLEMENTARY INFORMATION: In its original submission, dated October 14, 1998, Siderca claimed that ``it did not, directly or indirectly, enter for consumption, or sell, export, or ship for entry for consumption in the United States subject merchandise during the period of review.'' Siderca also claimed that Siderca Corporation did not import for consumption any subject merchandise during the POR.

The petitioner 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. The

[[Page 4070]]

petitioner claimed that U.S. import statistics reveal that 2,658 tons of subject merchandise were imported into the U.S. during the POR and that 154 tons of Argentine OCTG were entered for consumption during the POR. The petitioner asked the Department to investigate these entries, and to require Siderca to provide detailed freight, customs, and value information for these shipments.

In its November 20, 1998 response to petitioner's allegation of consumption entries, 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 general, non-consumption entries (e.g., FTZ entries), and were destined for re-export. Siderca noted that the 154 ton consumption entry cited by the petitioner is an entry of nonseamless (welded) oil well tubing classified under HTSUS item 7306.20.60.50. Because Siderca does not produce nonseamless material, the consumption entry could not possibly be a Siderca product.

On November 13, 1998, the Department requested additional information from Customs regarding the consumption entry cited by the petitioner. Customs subsequently confirmed that the entry was in fact a consumption entry, but was not merchandise produced or exported by Siderca. Customs confirmed that there were no consumption entries of Argentine OCTG produced or exported by Siderca, and that all of Siderca's shipments of OCTG to the United States during the POR were either under a temporary import bond for re-export to third countries, or through a foreign trade zone to be further processed and then re- exported, and therefore not subject to antidumping duties. (See Memo to the File, January 6, 1999). Based on the foregoing, there is no evidence that Siderca made any U.S. consumption entries of Argentine OCTG during the POR. The Department therefore determines that no subject merchandise produced or exported by Siderca was entered into the United States for consumption during the POR and, thus, there are no entries subject to the 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 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: January 21, 1999. Joseph A. Spetrini, Deputy Assistant Secretary, Enforcement Group III.

[FR Doc. 99-1894Filed1-26-99; 8:45 am]

BILLING CODE 3510-DS-M