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Federal Register / Vol. 70, No.

89 / Tuesday, May 10, 2005 / Notices 24517

Street and Constitution Avenue NW., documents from U.S. Customs and FOR FURTHER INFORMATION CONTACT:
Washington, DC 20230. Border Protection. Therefore, the Stephen Bailey, AD/CVD Operations,
SUPPLEMENTARY INFORMATION: Department is extending the time limit Office 7, Import Administration,
for completion of the preliminary International Trade Administration,
Background results by 70 days until no later than U.S. Department of Commerce, 14th
On August 11, 1995 the Department July 12, 2005, in accordance with Street and Constitution Avenue, NW.,
published the antidumping duty order section 751(a)(3)(A) of the Tariff Act. Washington, DC 20230, telephone: (202)
on oil country tubular goods (OCTG) The final results continue to be due 120 482–0193.
from Argentina. See Antidumping Duty days after the publication of the SUPPLEMENTARY INFORMATION:
Order: Oil Country Tubular Goods from preliminary results.
Argentina, 60 FR 41055 (August 11, This notice is published in Background
1995). On August 3, 2004 the accordance with section 751(a)(1) and On August 11, 1995, the Department
Department published a notice of 777(i)(1) of the Tariff Act. published the antidumping duty order
opportunity to request a review of this Dated: May 3, 2005.
on OCTG from Mexico. See
order. See Antidumping or Antidumping Duty Order: Oil Country
Barbara E. Tillman,
Countervailing Duty Order, Finding, or Tubular Goods From Mexico, 60 FR
Suspended Investigation; Opportunity Acting Deputy Assistant Secretary for Import 41056 (August 11, 1995) (AD Order). On
Administration.
to Request Administrative Review, 69 August 3, 2004, the Department
FR 46496 (August 3, 2004). On August [FR Doc. E5–2241 Filed 5–9–05; 8:45 am] published the opportunity to request
31, 2004, in accordance with 19 CFR BILLING CODE 3510–DS–S administrative review of, inter alia,
351.213(b)(1), the Department received a OCTG from Mexico for the period
timely and properly filed request from August 1, 2003, through July 31, 2004.
United States Steel Corporation, a DEPARTMENT OF COMMERCE See Antidumping or Countervailing
petitioner in the original investigation, Duty Order, Finding, or Suspended
International Trade Administration
for a review of the imports by producer Investigation; Opportunity to Request
Siderca S.A.I.C. A–201–817 Administrative Review, 69 FR 46496
On September 22, 2004, the (August 3, 2004).
Department published a notice of Certain Oil Country Tubular Goods In accordance with 19 CFR
initiation of this administrative review from Mexico; Preliminary Results of 351.213(b)(2), on August 31, 2004,
covering the period August 1, 2003 Antidumping Duty Administrative United States Steel Corporation
through July 31, 2004. See Initiation of Review and Partial Rescission requested that we conduct an
Antidumping and Countervailing Duty administrative review of the sales of
AGENCY: Import Administration,
Administrative Reviews and Request for subject merchandise of Tamsa and
International Trade Administration,
Revocation in Part, 69 FR 56745 Hylsa. On September 22, 2004, the
Department of Commerce.
(September 22, 2004). The preliminary Department published in the Federal
SUMMARY: In response to a request from
results of this review are currently due Register a notice of initiation of this
United States Steel Corporation, the
no later than May 3, 2005. antidumping duty administrative review
Department of Commerce (the
covering the period August 1, 2003,
Extension of Time Limits for Department) is conducting an
through July 31, 2004. See Initiation of
Preliminary Results administrative review of the
Antidumping and Countervailing Duty
Pursuant to section 751(a)(3)(A) of the antidumping duty order on certain oil
Administrative Reviews and Request for
Tariff Act of 1930, as amended (the country tubular goods (OCTG) from
Revocation in Part, 69 FR 183
Tariff Act), the Department shall issue Mexico. The period of review (POR) is (September 22, 2004).
preliminary results in an administrative August 1, 2003, through July 31, 2004. On October 6, 2004, the Department
review of an antidumping duty order We preliminarily find that Hylsa, S.A. issued its antidumping duty
within 245 days after the last day of the de C.V (Hylsa) made sales of the subject questionnaire to Hylsa and Tamsa. On
anniversary month of the date of merchandise at less than normal value October 25, 2004, Tamsa submitted a
publication of the order for which a (NV). In addition, we are preliminarily no–shipment certification letter to the
review is requested, and the final results rescinding this review with respect to Department explaining that it had no
within 120 days after the date on which Tubos de Acero de Mexico, S.A. sales of subject merchandise during the
the preliminary results are published. (Tamsa) because Tamsa reported, and POR and requested a rescission of the
However, if it is not practicable to we confirmed, that it made no administrative review with respect to
complete the review within this time shipments of subject merchandise to the Tamsa. See Partial Rescission of
period, section 751(a)(3)(A) of the Tariff United States during the POR. If these Administrative Review below for a
Act allows the Department to extend preliminary results are adopted in the discussion of this issue.
these deadlines to a maximum of 365 final results of this administrative Hylsa submitted its response to
days and 180 days respectively. review, we will instruct U.S. Customs section A of the Department’s
The Department finds that it is not and Border Protection (CBP) to assess questionnaire on November 9, 2004, and
practicable to complete the preliminary antidumping duties based on the its response to section C on November
results in the administrative review of difference between constructed value 23, 2004. In its section A response,
OCTG from Argentina within the (CV) and the NV for Hylsa. Hylsa informed the Department that it
originally anticipated time limit (i.e., by Interested parties are invited to had no viable home market or third
May 3, 2005) because significant comment on these preliminary results. country sales to use as normal value and
questions have arisen regarding whether Parties who submit argument in this was therefore reporting constructed
or not Siderca had any entries of subject proceeding are requested to submit with value data. The Department issued a
merchandise for consumption during the argument: 1) a statement of the supplemental sections A and C
the period of review. As a result, the issues, 2) a brief summary of the questionnaire to Hylsa on December 29,
Department needs additional time in argument, and 3) a table of authorities. 2004. Hylsa submitted its response to
order to obtain and analyze relevant EFFECTIVE DATE: May 10, 2005. the Department’s sections A and C

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24518 Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices

questionnaire on January 19, 2005. The of the antidumping order on OCTG from agreed to be sold) before the date of
Department issued a second Mexico. See Letter to Interested Parties; importation by the producer or exporter
supplemental sections A and C Final Affirmative Scope Decision, of the subject merchandise outside of
questionnaire on February 18, 2005 and August 27, 1998. The HTSUS the United States to an unaffiliated
on February 25, 2005 Hylsa submitted subheadings are provided for purchaser in the United States or to an
its response. The Department issued a convenience and customs purposes. Our unaffiliated purchaser for exportation to
third supplemental questionnaire on written description of the scope of this the United States, as adjusted under
April 13, 2005 and on April 14, 2005 order is dispositive. subsection (c). In contrast, section
Hylsa submitted its response. 772(b) of the Act defines constructed
Because Hylsa did not have home Partial Rescission of Administrative export price (CEP) as the price at which
market or third country sales of subject Review the subject merchandise is first sold (or
merchandise during the POR, Hylsa In response to our October 6, 2004 agreed to be sold) in the United States
submitted a section D response on original questionnaire, Tamsa submitted before or after the date of importation
December 6, 2004. We issued a an October 25, 2004 letter claiming they by, or for the account of, the producer
supplemental questionnaire regarding made no exports of the subject or exporter of such merchandise, or by
Hylsa’s response to section D on March merchandise during the POR. We a seller affiliated with the producer or
9, 2005 and on April 4, 2005 Hylsa examined CBP data to confirm that exporter, to a purchaser not affiliated
submitted its response. Tamsa was not listed as a manufacturer with the producer or exporter, as
Period of Review or exporter of the subject merchandise adjusted under sections 772(c) and (d).
on entries during the POR. We For sales to the United States, we
The POR is August 1, 2003, through requested and received from CPB entry have used EP in accordance with
July 31, 2004. documents that showed Tamsa was the section 772(a) of the Act because the
Scope of the Order manufacturer of the entered subject merchandise was sold directly to
merchandise. After reviewing the an unaffiliated purchaser prior to
The merchandise covered by this importation.
information, we determined that the
order are oil country tubular goods We calculated EP based on the prices
entries in question were exported from
(OCTG), hollow steel products of charged to the first unaffiliated
third countries without Tamsa’s
circular cross-section, including oil well customer in the United States. We used
knowledge and properly identified
casing and tubing of iron (other than the date of invoice as the date of sale.
Mexico as the country of origin.
cast iron) or steel (both carbon and In addition, there is no information on We based EP on the packed delivered
alloy), whether seamless or welded, the record to indicate that Tamsa had duty paid prices to the first unaffiliated
whether or not conforming to American purchasers in the United States. We
U.S. sales or exports of subject
Petroleum Institute (API) or non–API made deductions for movement
merchandise during the POR. As a
specifications, whether finished or expenses in accordance with section
result, we find that Tamsa made no
unfinished (including green tubes and 772(c)(2)(A) of the Tariff Act, including:
entries, exports, or sales of the subject
limited–service OCTG products). This foreign inland freight, foreign brokerage
merchandise during the POR that are
scope does not cover casing or tubing and handling, U.S. inland freight and
subject to the administrative review.
pipe containing 10.5 percent or more of U.S. brokerage and handling.
Therefore, in accordance with 19 CFR
chromium, or drill pipe. The OCTG
351.213(d)(3), we are preliminarily Calculation of Constructed Value
subject to this order are currently
rescinding our review with respect to
classified in the HTSUS under item Hylsa reported that it had no viable
Tamsa.
numbers: 7304.29.10.10, 7304.29.10.20, home or third country market during the
7304.29.10.30, 7304.29.10.40, Product Comparisons POR. Therefore, in accordance with
7304.29.10.50, 7304.29.10.60, Because Hylsa had no sales of section 773(a)(4) of the Act, we based
7304.29.10.80, 7304.29.20.10, identical or similar merchandise in the NV for Hylsa on CV. In accordance with
7304.29.20.20, 7304.29.20.30, home market or any third country section 773(e)(1) of the Act, we
7304.29.20.40, 7304.29.20.50, comparison market during the POR, we calculated CV based on the sum of the
7304.29.20.60, 7304.29.20.80, compared U.S. sales to CV in costs of materials, labor, overhead,
7304.29.30.10, 7304.29.30.20, accordance with section 773(a)(4) of the selling, general and administrative
7304.29.30.30, 7304.29.30.40, Act. (SG&A), profit, interest expenses, and
7304.29.30.50, 7304.29.30.60, U.S. packing costs. Section 773(e)(2)(A)
7304.29.30.80, 7304.29.40.10, Fair Value Comparisons states that SG&A and profit are to be
7304.29.40.20, 7304.29.40.30, To determine whether Hylsa made based on the actual amounts incurred in
7304.29.40.40, 7304.29.40.50, sales of OCTG to the United States at connection with sales of a foreign like
7304.29.40.60, 7304.29.40.80, less than fair value, we compared EP to product. In the event such data is not
7304.29.50.15, 7304.29.50.30, NV, as described in the ‘‘Export Price’’ available, section 773(e)(2)(B) of the Act
7304.29.50.45, 7304.29.50.60, and ‘‘Normal Value’’ sections of this sets forth three alternatives for
7304.29.50.75, 7304.29.60.15, notice. Because Hylsa had no sales of computing profit and SG&A without
7304.29.60.30, 7304.29.60.45, subject merchandise either in the home establishing a hierarchy or preference
7304.29.60.60, 7304.29.60.75, market or to third countries during the among the alternative methods. The
7305.20.20.00, 7305.20.40.00, POR, in accordance with section alternative methods are: (1) Calculate
7305.20.60.00, 7305.20.80.00, 773(a)(4) of the Act, we compared the SG&A and profit incurred by the
7306.20.10.30, 7306.20.10.90, EP of U.S. transactions falling within producer based on the sale of
7306.20.20.00, 7306.20.30.00, the period of review to CV. merchandise of the same general type as
7306.20.40.00, 7306.20.60.10, the exports in question; (2) average
7306.20.60.50, 7306.20.80.10, and Export Price SG&A and profit of other producers of
7306.20.80.50. The Department has Section 772(a) of the Act defines the foreign like product for sales in the
determined that couplings, and export price (EP) as the price at which home market; or (3) any other
coupling stock, are not within the scope the subject merchandise is first sold (or reasonable method, capped by the

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Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices 24519

amount normally realized on sales in are denominated (see, e.g., Analysis for in any briefs or comments at a hearing,
the foreign country of the general the preliminary determination in the within 120 days of publication of these
category of the products. In addition, investigation of stainless steel plate in preliminary results.Assessment Rates
the Statement of Administrative Action coils from Korea--Pohang Iron & Steel The Department shall determine, and
(‘‘SAA’’) states that, if the Department Company, 63 FR 59535 (November 4, CBP shall assess, antidumping duties on
does not have the data to determine 1998)). Because Hylsa had no short– all appropriate entries. Pursuant to
amounts for profit under alternatives term borrowings in U.S. dollars, the section 351.212(b) of the Department’s
one and two, or a profit cap under credit expense for Hylsa’s U.S. sales was regulations, the Department calculates
alternative three, it still may apply calculated using the average U.S. prime an assessment rate for each importer of
alternative three (without the cap) on rate during the POR. See Hylsa’s Section the subject merchandise for each
the basis of the ‘‘facts available.’’ SAA C response at exhibit 7. respondent. The Department will issue
at 841. appropriate assessment instructions
In this case, because Hylsa did not Currency Conversion
directly to CBP within 15 days of
have a viable home market or third We made currency conversions into publication of the final results of
country market for this product, we U.S. dollars, in accordance with section review.
based Hylsa’s profit and indirect selling 773A(a) of the Act, based on the
expenses on the following methodology. exchange rates in effect on the dates of Cash Deposit Requirements
In accordance with section the U.S. sales, as certified by the Federal The following deposit requirements
773(e)(2)(B)(iii) of the Act, we Reserve Bank. will be effective upon completion of the
calculated indirect selling expenses final results of this administrative
incurred and profit realized by the Preliminary Results of Review
review for all shipments of the subject
producer based on the sale of As a result of our review, we merchandise entered, or withdrawn
merchandise of the same general types preliminarily find the weighted–average from warehouse, for consumption on or
as the exports in question. Specifically, dumping margin for the period August after the publication date of the final
we based our profit calculations and 1, 2003, through July 31, 2004, to be as results of this administrative review, as
indirect selling expenses on the income follows: provided by section 751(a)(1) of the Act:
statement of Hylsa’s tubular products (1) The cash deposit rate will be the rate
division, a general pipe division that Manufacturer / Exporter Margin (percent)
established in the final results of this
produces OCTG and like products. We review; (2) for previously reviewed or
calculated a CV profit using Hylsa’s Hylsa, S.A. de C.V. ...... 1.36
investigated companies not listed above,
tubular division financial statements for
The Department will disclose the cash deposit rate will be the
2003 (i.e., tubular division profit 2003
calculations performed in connection company–specific rate established for
divided by tubular division 2003 cost of
with these preliminary results of review the most recent period; (3) if the
goods sold). We deducted packing
within five days of the date of exporter is not a firm covered in this
expenses allocated to Hylsa’s tubular
publication of this notice in accordance review, a prior review, or the LTFV
products division from the COGS
with 19 CFR 351.224(b). Pursuant to investigation, but the manufacturer is,
denominator when we calculated CV
section 351.309 of the Department’s the cash deposit rate will be the rate
profit.
For the preliminary results we regulations, interested parties may established for the most recent period
recalculated Hylsa’s SG&A expense by submit written comments in response to for the manufacturer of the subject
deducting packing expenses from the these preliminary results. Unless merchandise; and (4) if neither the
cost of goods sold denominator. We extended by the Department, case briefs exporter nor the manufacturer is a firm
used the financial statements of Alfa, are to be submitted within 30 days after covered in this review, any previous
S.A. de C.V., Hylsa’s parent company, to the date of publication of this notice, reviews, or the LTFV investigation, the
calculate financial expenses. See and rebuttal briefs, limited to arguments cash deposit rate will be 23.79 percent,
Analysis Memorandum from Stephen raised in case briefs, are to be submitted the ‘‘all others’’ rate established in the
Bailey to the File and Accounting Cost no later than five days after the time LTFV investigation. See AD Order, 60
Memorandum from Margaret Pusey to limit for filing case briefs. Parties FR at 41056. These deposit rates, when
the File, both dated May 3, 2005, for submitting arguments in this proceeding imposed, shall remain in effect until
further discussion. are requested to submit with the publication of the final results of the
There were no allegations of below– argument: (1) a statement of the issue, next administrative review.
cost sales for Hylsa during this POR. (2) a brief summary of the argument, Notification to Importers
Consequently, we did not initiate a cost and (3) a table of authorities. Case and
of production (COP) analysis for Hylsa. rebuttal briefs and comments must be This notice also serves as a
served on interested parties in preliminary reminder to importers of
Price–to-CV Comparisons accordance with section 351.303(f) of their responsibility under 19 CFR
For price–to-CV comparisons, we the Department’s regulations. 351.402(f) to file a certificate regarding
made circumstance–of-sale adjustments Also, an interested party may request the reimbursement of antidumping
by deducting from CV the weighted– a hearing within 30 days of the date of duties prior to liquidation of the
average home market indirect selling publication of this notice. See section relevant entries during this review
expenses and adding U.S. direct selling 351.310(c) of the Department’s period. Failure to comply with this
expenses (i.e., imputed credit, warranty, regulations. Unless otherwise specified, requirement could result in the
and other direct selling expenses) in the hearing, if requested, will be held Secretary’s presumption that
accordance with section 773(a)(8) of the two days after the date for submission reimbursement of antidumping duties
Act and section 19 CFR 351.401(c). For of rebuttal briefs, or the first business occurred and the subsequent assessment
computing credit expenses, it is the day thereafter. The Department will of double antidumping duties.
Department’s normal practice to use an issue the final results of this We are issuing and publishing this
interest rate applicable to loans in the administrative review, including the notice in accordance with sections
same currency as that in which the sales results of its analysis of the issues raised 751(a)(1) and 777(i)(1) of the Act.

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24520 Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices

Dated: May 3, 2005. On May 3, 2004, the Department This notice also serves as the only
Joseph A. Spetrini, received a complete substantive reminder to parties subject to
Acting Assistant Secretary for Import response from Carus within the administrative protective orders
Administration. deadline specified in section (‘‘APO’’) of their responsibility
[FR Doc. E5–2288 Filed 5–9–05; 8:45 am] 351.218(d)(3)(i) of the Department’s concerning the return or destruction of
BILLING CODE 3510–DS–S regulations. The Department determined proprietary information disclosed under
that the respondent interested party APO in accordance with 19 CFR
response was inadequate. As a result, 351.305 of the Department’s regulations.
DEPARTMENT OF COMMERCE pursuant to section 751(c)(3)(B) of the Timely notification of the return or
Act and section 351.218(e)(1)(ii)(C) of destruction of APO materials or
International Trade Administration the Department’s regulations, the conversion to judicial protective order is
(A–570–001)
Department conducted an expedited hereby requested. Failure to comply
sunset review of this antidumping duty with the regulations and terms of an
Potassium Permanganate from The order. APO is a violation which is subject to
People’s Republic of China; Five-year sanction.
Scope of the Order We are issuing and publishing the
(‘‘Sunset’’) Review of Antidumping
Duty Order; Final Results Imports covered by this order are results and notice in accordance with
shipments of potassium permanganate, sections 751(c), 752, and 777(i)(1) of the
AGENCY: Import Administration, an inorganic chemical produced in free– Act.
International Trade Administration, flowing, technical, and pharmaceutical Dated: May 2, 2005
Department of Commerce. grades. Potassium permanganate is Joseph A. Spetrini,
SUMMARY: On October 1, 2004, the currently classifiable under item
Acting Assistant Secretary for Import
Department of Commerce (‘‘the 2841.61.00 of the Harmonized Tariff Administration.
Department’’) initiated a sunset review Schedule (HTS). The HTS item numbers
[FR Doc. E5–2292 Filed 5–9–05; 8:45 am]
of the antidumping duty order on are provided for convenience and
BILLING CODE 3510–DS–S
potassium permanganate from the customs purposes. The written
People’s Republic of China (‘‘PRC’’), description remains dispositive.
pursuant to section 751(c) of the Tariff DEPARTMENT OF COMMERCE
Analysis of Comments Received
Act of 1930, as amended, (‘‘the Act’’).
On the basis of the notice of intent to All issues raised in this case are International Trade Administration
participate, and an adequate substantive addressed in the ‘‘Issues and Decision
Memorandum’’ (‘‘Decision [A–485–805]
response filed on behalf of the domestic
interested parties and an inadequate Memorandum’’) from Ronald K.
Lorentzen, Acting Director, Office of Certain Small Diameter Carbon and
response from respondent interested Alloy Seamless Standard, Line, and
parties, the Department conducted an Policy, Import Administration, to Joseph
A. Spetrini, Acting Assistant Secretary Pressure Pipe from Romania:
expedited sunset review. As a result of Preliminary Results of Antidumping
this review, the Department finds that for Import Administration, dated May 2,
Duty Administrative Review and
revocation of the antidumping duty 2005, which is hereby adopted by this
Preliminary Determination Not to
order would likely lead to continuation notice. The issues discussed in the
Revoke in Part
or recurrence of dumping at the levels Decision Memorandum include the
listed below in the section entitled likelihood of continuation or recurrence Import Administration,
AGENCY:
‘‘Final Results of Review.’’ of dumping and the magnitude of the International Trade Administration,
EFFECTIVE DATE: May 10, 2005.
margin likely to prevail if the order were Department of Commerce.
revoked. Parties can find a complete SUMMARY: In response to requests by
FOR FURTHER INFORMATION CONTACT: S.C. Silcotub S.A. (Silcotub), a
discussion of all issues raised in this
Martha V. Douthit, Office of Policy, sunset review and the corresponding producer/exporter of subject
Import Administration, International recommendations in this public merchandise and United States Steel
Trade Administration, U.S. Department memorandum, which is on file in room Corporation (the petitioner), the
of Commerce, 14th Street and B–099 of the main Department Building. Department of Commerce (the
Constitution Avenue, NW., Washington, In addition, a complete version of the Department) is conducting an
DC, 20230; telephone: (202) 482–5050. Decision Memorandum can be accessed administrative review of the
SUPPLEMENTARY INFORMATION: directly on the Web at http:// antidumping duty order on certain
ia.ita.doc.gov/frn, under the heading small diameter carbon and alloy
Background
‘‘May 2005’’. The paper copy and seamless standard, line, and pressure
On October 1, 2004, the Department electronic version of the Decision pipe (seamless pipe) from Romania. The
initiated a sunset review of the Memorandum are identical in content. period of review (POR) is August 1,
antidumping duty order of potassium 2003, through July 31, 2004.
permanganate from the PRC. See Final Results of Review Silcotub informed the Department
Initiation of Five-year Sunset Review, We determine that revocation of the that it would not be participating in the
69 FR 58890 (October 1, 2004). The antidumping duty order on potassium review. Accordingly, we preliminarily
Department received a Notice of Intent permanganate from the PRC would determine that the application of
to Participate from a domestic interested likely lead to continuation or recurrence adverse facts available (AFA) is
party, Carus Chemical Company of dumping at the following percentage warranted with respect to Silcotub. In
(‘‘Carus’’), within the deadline specified weighted–average margin: addition, because Silcotub did not
in section 351.218(d)(1)(i) of the satisfy the requirement of selling subject
Department’s regulations. Carus claimed Manufacturers/ Weighted–Average merchandise at not less than normal
interested party status as a domestic Exporters/Producers Margin (Percent) value for a period of three consecutive
producer of the subject merchandise as PRC–wide rate ............. 128.94
years, we also preliminarily determine
defined in section 771(9)(C) of the Act. not to revoke the order in part.

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