[Federal Register: January 7, 2008 (Volume 73, Number 4)]
[Notices]
[Page 1202-1204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja08-25]
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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 2, 2007, 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, 72 FR
35970 (July 2, 2007) (``Preliminary Results''). 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, 2005, through May 31,
2006. We gave interested parties an opportunity to comment on the
preliminary results. Based upon our analysis of the comments received,
we did not make any changes to the margin calculation. The final
weight-averaged dumping margin is listed below in the section titled
``Final Results of Review.''
EFFECTIVE DATE: January 7, 2008.
FOR FURTHER INFORMATION CONTACT: Judy Lao or John Drury, Office 7, AD/
CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) (202)
482-7924 or (202) 482-0195, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department's preliminary results of review were published on
July 2, 2007. See Preliminary Results. We invited parties to comment on
the Preliminary Results. Subsequent to our Preliminary Results, on July
11, 2007, we issued Ta Chen Stainless Steel Pipe, Ltd. (``Ta Chen''), a
supplemental questionnaire requesting additional information regarding
its reporting of affiliates. See Preliminary Results at 72 FR 35971. Ta
Chen submitted its response to our July 11, 2007, affiliations
questionnaire on July 27, 2007. On August 10, 2007, Flowline Division
of Markovitz Enterprise, Inc., Shaw Allow Piping Products, Inc.,
Gerlin, Inc., and Taylor Forge Stainless, Inc., (collectively,
``petitioners'') commented on Ta Chen's July 11, 2007, affiliations
questionnaire response. On August 22, 2007, Ta Chen responded to
petitioners' August 10, 2007 comments regarding its affiliations
questionnaire response. We received case briefs from petitioners on
September 10, 2007, and case briefs from Ta Chen on September 11, 2007.
On September 17, 2007, we received rebuttal comments from petitioners
and Ta Chen. Petitioners requested a hearing, which was conducted on
September 20, 2007.
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 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
[[Page 1203]]
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 order 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 order 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''), Tru-Flow Industrial Co., Ltd.
(``Tru-Flow''), Censor International Corporation (``Censor'') and PFP
Taiwan Co., Ltd. (``PFP''), because we found that they had no entries
of subject merchandise during the POR. See Preliminary Results at
35971. As the Department received no comments on our intent to rescind,
we continue to find that rescission of the review concerning Liang
Feng, Tru-Flow, Censor, and PFP is appropriate. Therefore, the
Department is rescinding the review with respect to Liang Feng, Tru-
Flow, Censor, and PFP.
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 Certain Stainless
Steel Butt-Weld Pipe Fittings from Taiwan; Final Results of Antidumping
Duty Administrative Review (``Decision Memorandum''), dated December
27, 2007, which is hereby adopted by this notice. A list of the issues
raised and to which we have responded 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.
Affiliation
In the Preliminary Results the Department noted that in this
proceeding there is an ongoing claim by petitioners that Ta Chen and
its U.S. affiliate, Ta Chen International (``TCI'') have several
related parties that were not disclosed in its financial statements.
See Preliminary Results at 72 FR 35971. Therefore, petitioners claim
that the Department should not rely on Ta Chen's and TCI's financial
statements, and thus its underlying accounting records. The Department
noted its intent to solicit additional information from Ta Chen
regarding its current affiliation with certain entities alleged by
petitioners. As mentioned in the ``Background'' section of this notice,
the Department issued Ta Chen an additional supplemental questionnaire
on July 27, 2007, regarding alleged affiliates. Based upon our analysis
of Ta Chen's responses, we continue to find, as in our Preliminary
Results, that Ta Chen and TCI accurately disclosed their related
parties, and that their financial statements are reliable. Therefore,
the Department has relied upon information from Ta Chen's and TCI's
financial statements, and thus underlying accounting records for the
purposes of our final results of review. The Department determines that
the evidence on the record does not warrant a finding that we should
disregard Ta Chen's or TCI's financial statements. See Decision
Memorandum at Comment 1 for further discussion.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period June 1, 2005, through May
31, 2006:
------------------------------------------------------------------------
Weighted-Average
Margin
------------------------------------------------------------------------
Ta Chen Stainless Pipe Co., Ltd..................... 0.52 percent
------------------------------------------------------------------------
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.
Antidumping duties for the rescinded companies, Liang Feng, Tru-Flow,
Censor, 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 intends to issue appropriate
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification applies to POR entries of
subject merchandise produced by companies examined in this review
(i.e., companies for which a dumping margin was calculated) where the
companies did not know that their merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. For a full
discussion of this clarification, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
Cash Deposit Requirements
The following cash 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 less-than-fair-value 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 less-than-fair-value 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
further notice.
[[Page 1204]]
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 27, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
APPENDIX - Issues in Decision Memorandum
ISSUES
1. Reliability of Ta Chen's Financial Statements & Reported
Affiliations
2. CEP Offset
3. LOT Adjustment
4. CEP Profit Calculation
[FR Doc. E7-25644 Filed 1-4-08; 8:45 am]