US DOC: Revised final results of AD review on OCTG from Argentina

On November 7, 2000, the US Department of Commerce (DOC) published final results of the expedited sunset review on the antidumping duty order on oil country tubular goods (OCTG) from Argentina. The Government of Argentina subsequently requested dispute resolution at the World Trade Organization (WTO) to consider its claims that the final results were inconsistent with the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. The panel found that the DOC's original determination of dumping could not, by itself, represent a sufficient factual basis for concluding that dumping continued during the life of the order. Section 123 of the Uruguay Round Agreements Act (URAA) governs the process for changes to the DOC's regulations where a dispute settlement panel finds a regulatory provision to be inconsistent with any of the WTO agreements. Upon panel decision, the US Trade Representative (USTR) requested that the DOC issue a determination under section 129 of the URAA that would render the DOC's action in the sunset review not inconsistent with the recommendations and findings of the Dispute Settlement Body (DSB). On December 16, 2005, the DOC issued such a determination, and continued to determine that revocation of the order would be likely to lead to continuation or recurrence of dumping. Pursuant to section 129 of the URAA, and following consultations with the DOC and congressional committees, on March 16, 2006, USTR directed the DOC to implement the Section 129 determination under section 129 of the URAA. Accordingly, the DOC has published a notice of its revised final results of sunset review with respect to OCTG from Argentina. Consistent with the recommendations and findings of the DSB, the revised final results reflect the Department's analysis of whether revocation of the order would be likely to lead to continuation or recurrence of dumping.