[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]
[Page 66620-66621]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de09-37]
[[Page 66620]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-816]
Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan:
Final Results and Final Rescission in Part of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2009, the Department of Commerce (``the
Department'') published in the Federal Register the preliminary results
of the administrative review of the antidumping duty 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, and Notice of Intent Not to Revoke Order in Part,
74 FR 32532 (July 8, 2009) (``Preliminary Results''). The merchandise
covered by the 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, 2007, through May 31,
2008. We provided interested parties an opportunity to comment on our
Preliminary Results. Based upon our analysis of the comments received,
we made changes to the margin calculation. The final weighted-average
dumping margin is listed below in the section titled ``Final Results of
Review.''
EFFECTIVE DATE: December 16, 2009.
FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, 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-
0195 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department's preliminary results of review were published on
July 8, 2009. See Preliminary Results. We invited parties to comment on
the Preliminary Results. We received a case brief from the sole
respondent, Ta Chen Stainless Pipe Co., Ltd. (``Ta Chen's Brief'') on
August 10, 2009. We did not receive any case or rebuttal briefs from
petitioners Flowline Division of Markovitz Enterprises, Inc., Shaw
Alloy Piping Products, Inc., Core Pipe (formerly known as Gerlin, Inc.)
and Taylor Forge Stainless, Inc.
Revocation
On June 30, 2008, Ta Chen requested, under 19 CFR 351.222(b)(2) and
(e), that the antidumping duty order, as it relates to Ta Chen, be
revoked based on the absence of dumping, and included with its request
certain company certifications regarding revocation. In this case, our
margin calculation shows that Ta Chen sold the subject merchandise at
less than normal value during the current review period. Additionally,
Ta Chen predicates its request on the assumption that action by the
Court of International Trade will result in recalculations for the two
immediately preceding administrative reviews of margins at zero or de
minimis. While we acknowledge that the Department's determinations in
the two prior segments of this proceeding are currently in litigation,
there is no final and conclusive judgment from any court supporting Ta
Chen's arguments or invalidating the Department's findings in the prior
administrative reviews. See Preliminary Results at 32533-34.
Accordingly, we determine, pursuant to 19 CFR 351.222(b)(2), that
revocation of the order with respect to Ta Chen is not warranted.
Scope of the Order
The products subject to the 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 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 the order. The pipe
fittings subject to the 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 the order
is dispositive. Pipe fittings manufactured to American Society of
Testing and Materials specification A774 are included in the scope of
the 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 they had no entries of
subject merchandise during the POR. See Preliminary Results at 32533.
As the Department received no comments on our intent to rescind, we
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 brief, as well as the Department's
findings, in this administrative review are addressed in the Issues and
Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review of Certain Stainless Steel Butt-Weld Pipe
Fittings from Taiwan (``Decision Memorandum''), dated December 7, 2009,
which is hereby adopted by this notice. A list of the issues raised and
to which we have responded is found in the Decision Memorandum,
appended to this notice. The Decision Memorandum is on file in the
Central Records Unit in room 1117 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.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period June 1, 2007, through May
31, 2008:
------------------------------------------------------------------------
Weighted-Average
Manufacturer Margin
------------------------------------------------------------------------
Ta Chen Stainless Pipe Co., Ltd..................... 0.82 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 Tariff Act
of 1930, as amended (``the
[[Page 66621]]
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 manufactured or exported
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. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 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 certain 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 company 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 or a prior
review, 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 less-than-fair-value
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.
Notification to 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.
Notification Regarding Administrative Protective Orders
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(a)(3). 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 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
APPENDIX
Issues in Decision Memorandum
1. Purchased Fittings
2. Calculation of General and Administrative (``G&A'') Expenses
3. Ta Chen's Raw Material and Conversion Cost Variances
4. Constructed Export Price (``CEP'') Offset
5. Basis of Dumping Margin Calculation
6. Calculation of CEP Profit Ratio
[FR Doc. E9-29928 Filed 12-15-09; 8:45 am]
BILLING CODE 3510-DS-S