[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Notices]
[Pages 73727-73729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7278]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-816]
Notice of Final Results and Final Rescission in Part of
Antidumping Duty Administrative Review: Certain Stainless Steel Butt-
Weld Pipe Fittings From Taiwan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 11, 2005, the Department of Commerce (``the
Department'') published in the Federal Register the preliminary results
of the administrative review of the order on certain stainless steel
butt-weld pipe fittings from Taiwan. See Certain Stainless Steel Butt-
Weld Pipe Fittings From Taiwan: Preliminary Results of Antidumping Duty
Administrative Review and Notice of Intent To Rescind in Part, 70 FR
39735 (July 11, 2005) (``Preliminary Results''). This review covers two
manufacturers/exporters of the subject merchandise. The merchandise
covered by this order is certain stainless steel butt-weld pipe
fittings from Taiwan as described in the ``Scope of the Order'' section
of this notice. The period of review (``POR'') is June 1, 2003, through
May 31, 2004. We gave interested parties an opportunity to comment on
the preliminary results. Based upon our analysis of the comments
received, we made changes to the margin calculation for one respondent.
Therefore, the final results have changed from the preliminary results
of this review. The final weight-averaged dumping margin is listed
below in the section titled ``Final Results of the Review.''
Effective Date: December 13, 2005.
FOR FURTHER INFORMATION CONTACT: Helen Kramer or Abdelali Elouaradia,
AD/CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0405 and (202) 482-1374, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department's preliminary results of review were published on
July 11, 2005. See Preliminary Results. We invited parties to comment
on the Preliminary Results. We received written comments on August 10,
2005, from Flowline Division of Markovitz Enterprise, Inc., Shaw Allow
Piping Products, Inc., Gerlin, Inc., and Taylor Forge Stainless, Inc.,
collectively, ``the petitioners.'' On August 15, 2005, we received
rebuttal comments from Ta Chen Stainless Pipe Co., Ltd. (``Ta Chen'')
and its wholly owned U.S. subsidiary Ta Chen International, Inc.
(``TCI''). The Department is conducting this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended
(``the Act'').
Scope of the Order
The products subject to this order are certain stainless steel
butt-weld pipe fittings, whether finished or unfinished, under 14
inches inside diameter. Certain welded stainless steel butt-weld pipe
fittings (``pipe fittings'') are used to connect pipe sections in
piping systems where conditions require welded connections. The subject
merchandise is used where one or more of the following conditions is a
factor in designing the piping system: (1) Corrosion of the
[[Page 73728]]
piping system will occur if material other than stainless steel is
used; (2) contamination of the material in the system by the system
itself must be prevented; (3) high temperatures are present; (4)
extreme low temperatures are present; and (5) high pressures are
contained within the system. Pipe fittings come in a variety of shapes,
with the following five shapes the most basic: ``elbows,'' ``tees,''
``reducers,'' ``stub ends,'' and ``caps.'' The edges of finished pipe
fittings are beveled. Threaded, grooved, and bolted fittings are
excluded from this review. The pipe fittings subject to this review are
classifiable under subheading 7307.23.00 of the Harmonized Tariff
Schedule of the United States (``HTSUS''). Although the HTSUS
subheading is provided for convenience and customs purposes, our
written description of the scope of this review is dispositive. Pipe
fittings manufactured to American Society of Testing and Materials
specification A774 are included in the scope of this order.
Partial Rescission of Review
In the Preliminary Results, the Department issued a notice of
intent to rescind the review with respect to Liang Feng Stainless Steel
Fitting Co., Ltd. (``Liang Feng'') and PFP Taiwan Co., Ltd. (``PFP'')
because we found that both had no entries of subject merchandise during
the POR. See Preliminary Results at 39737. The Department received no
comments on this issue and we continue to find that rescission of the
review of Liang Feng and PFP is appropriate. Therefore, the Department
is rescinding the review with respect to Liang Feng and PFP.
Duty Absorption
In these final results, we continue to find duty absorption because
Ta Chen and Tru-Flow provided no evidence on the record showing that
their unaffiliated purchasers will pay the full duty ultimately
assessed on the subject merchandise. (See Preliminary Results at 39737,
39738.)
Analysis of Comments Received
All issues raised in the case briefs, as well as the Department's
findings, in this administrative review are addressed in the Issues and
Decision Memorandum for the Administrative Review of Stainless Steel
Butt-Weld Pipe Fittings from Taiwan (``Decision Memorandum''), dated
December 6, 2005, which is hereby adopted by this notice. A list of the
issues raised and to which we have responded, all of which are in the
Decision Memorandum, is appended to this notice. The Decision
Memorandum is on file in the Central Records Unit in room B-099 of the
main Commerce building, and can also be accessed directly on the Web at
http://ia.ita.doc.gov. The paper copy and electronic version of the
public version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made a
correction to direct selling expenses, by including the expenses
reported in the field REPACKU in the calculation of U.S. direct selling
expenses. See the Decision Memorandum at Comment 5.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margins exists for the period June 1, 2003, through
May 31, 2004:
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin
(Percentage)
------------------------------------------------------------------------
Ta Chen Stainless Pipe Co., Ltd..................... 2.32
Tru-Flow Industrial Co., Ltd........................ 152.40
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to section 751(a)(1)(B) of the Act and 19
CFR 351.212(b). The Department calculated importer-specific duty
assessment rates on the basis of the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the examined sales for that importer. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise produced by Ta Chen and
Tru-Flow. Antidumping duties for the rescinded companies, Liang Feng
and PFP, shall be assessed at rates equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(I). The Department will issue appropriate assessment
instructions directly to CBP within 15 days of publication of these
final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of stainless steel butt-weld pipe fittings from Taiwan
entered, or withdrawn from warehouse, for consumption on or after the
publication date of these final results, as provided by section 751(a)
of the Act: (1) For the companies covered by this review, the cash
deposit rate will be the rate listed above; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in the investigation, the cash deposit rate will continue to be
the company-specific rate from the most recent review; (3) if the
exporter is not a firm covered in this review, a prior review, or the
investigation, but the producer is, the cash deposit rate will be that
established for the most recent period for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will be 51.01 percent, 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 the
next administrative review.
Notification of Interested Parties
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 in the subsequent
assessment of double antidumping duties.
This notice also is the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix -- Issues in Decision Memorandum
ISSUES RELATING TO TA CHEN
Comment 1: Affiliations
Comment 2: CEP Offset
[[Page 73729]]
Comment 3: Date of Sale
Comment 4: U.S. Inventory Carrying Costs
Comment 5: Repacking Expenses
Comment 6: Bonuses and Cost of Production
ISSUES RELATING TO TRU-FLOW
Comment 7: Sales by Other Companies of Fittings Produced by Tru-Flow
[FR Doc. E5-7278 Filed 12-12-05; 8:45 am]
BILLING CODE 3510-DS-P