[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Notices]
[Pages 62366-62368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25298]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-008]
Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 10, 2010, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on circular welded carbon steel pipes and tubes
from Taiwan. See Preliminary Results of Antidumping Duty Administrative
Review: Circular Welded Carbon Steel
[[Page 62367]]
Pipes and Tubes From Taiwan, 75 FR 32911 (June 10, 2010) (Preliminary
Results). This review covers one company, Yieh Phui Enterprise Co.,
Ltd. (Yieh Phui). Based on our analysis of the comments received, we
have made no changes from the Preliminary Results. We have listed the
final dumping margin below in the section entitled ``Final Results of
Review.''
DATES: Effective Date: October 8, 2010.
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, 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-
1131 and (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2010, the Department published in the Federal Register
the preliminary results of the administrative review of the antidumping
duty order on circular welded carbon steel pipes and tubes from Taiwan
for the period May 1, 2008, to April 30, 2009. See Preliminary Results.
In response to the Department's invitation to comment on the
preliminary results of this review, respondent Yieh Phui filed its case
brief on July 12, 2010. Domestic producer Allied Tube & Conduit
Corporation filed its rebuttal brief on July 16, 2010. No parties
requested a hearing.
The deadline for the final results of this administrative review is
October 8, 2010.
Scope of the Order
The merchandise covered by this order is certain circular welded
carbon steel pipes and tubes from Taiwan, which are defined as: Welded
carbon steel pipes and tubes, of circular cross section, with walls not
thinner than 0.065 inch, and 0.375 inch or more but not over 4.5 inches
in outside diameter, currently classified under Harmonized Tariff
Schedule of the United States (HTSUS) item numbers 7306.30.5025,
7306.30.5032, 7306.30.5040, and 7306.30.5055. Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the merchandise subject to this order is
dispositive.
Cost of Production
As discussed in the Preliminary Results, we found that Yieh Phui
made home market sales of the foreign like product during the POR at
prices below its costs of production (COP) within the meaning of
section 773(b) of the Act. See Preliminary Results, 75 FR at 32913.
Those results apply to these final results, given that no changes have
been made from the calculations made in the Preliminary Results.
We found 20 percent or more of the respondent's sales of a given
product during the reporting period were at prices less than the
weighted-average COP for this period. Thus, we determined that these
below-cost sales were made in ``substantial quantities'' within an
extended period of time and at prices which did not permit the recovery
of all costs within a reasonable period of time in the normal course of
trade. See sections 773(b)(1)&(2) of the Act.
Therefore, for purposes of these final results, we continue to find
that Yieh Phui made below-cost sales not in the ordinary course of
trade. Consequently, we disregarded these sales for Yieh Phui and used
the remaining sales as the basis for determining NV pursuant to section
773(b)(1) of the Act. For those U.S. sales of subject merchandise for
which there were no matches to home market sales in the ordinary course
of trade, we compared export prices to constructed value in accordance
with section 773(a)(4) of the Act. See Preliminary Results, 75 FR
32913.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties in this administrative review are addressed in the Issues and
Decision Memorandum (Decision Memorandum) from Susan H. Kuhbach, Acting
Deputy Assistant Secretary for Import Administration, to Ronald K.
Lorentzen, Deputy Assistant Secretary for Import Administration, dated
September 30, 2010, which is hereby adopted by this notice. A list of
the two issues which parties raised and to which we have responded, all
of which are in the Decision Memorandum, is attached to this notice as
an appendix. Parties can find a discussion of all issues raised in this
review and the corresponding recommendations in this public memorandum,
which is on file in the Central Records Unit in room 7046 of the main
Department building. In addition, a complete version of the Decision
Memorandum can be accessed directly via the Internet at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic 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 no
changes in the margin calculations.
Final Results of Review
We determine the following percentage margin exists for the period
May 1, 2008 through April 30, 2009:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percentage)
------------------------------------------------------------------------
Yieh Phui Enterprise Co., Ltd............................. 5.04
------------------------------------------------------------------------
Assessment
Pursuant to 19 CFR 351.212(b), the Department has calculated an
assessment rate on all appropriate entries. The Department intends to
issue appropriate appraisement instructions for the company subject to
this review directly to CBP 15 days after the date of publication of
the final results of this review.
Because Yieh Phui did not report the entered value of its sales, we
calculated importer-specific (or customer-specific) per-unit duty
assessment rates by aggregating the total amount of antidumping duties
calculated for the examined sales of each importer (or customer) and
dividing each of these amounts by the respective quantities (by weight)
associated with those sales. To determine whether the duty assessment
rates are de minimis, in accordance with the requirement set forth in
19 CFR 351.106(c)(2), we calculated importer-specific (or customer-
specific) ad valorem ratios based on estimated entered values.
We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review for each importer (or
customer) for which the importer-specific (or customer-specific) ad
valorem ratio is above de minimis (i.e., at or above 0.50 percent).
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate
without regard to antidumping duties any entries for which the
importer-specific (or customer-specific) ad valorem ratio is de minimis
(i.e., less than 0.50 percent).
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) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the POR produced by the company included in the
final results where the reviewed companies did not know the merchandise
it sold to the intermediary (e.g., a reseller, trading company, or
exporter) was destined for the United States. In such instances, we
will instruct CBP to liquidate
[[Page 62368]]
unreviewed entries at the all-others rate if there was no rate
calculated in this review for the intermediary involved in the
transaction. See id., 68 FR at 23954.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of these final results of administrative
review, consistent with section 751(a)(1) of the Act: (1) The cash
deposit rate for the reviewed company will be the rate listed above;
(2) if the exporter is not a firm covered in this review, but was
covered in a previous review or the original less-than-fair-value
(LTFV) investigation, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original LTFV investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 9.70 percent, the
all-others rate established in the LTFV investigation. See Certain
Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Antidumping
Duty Order, 49 FR 19369 (May 7, 1984). These deposit requirements, when
imposed, 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)(2) 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 Department's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305, which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or 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.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: September 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix--List of Issues in Decision Memorandum
Comment 1: Date of Sale for U.S. Sales
Comment 2: Zeroing
[FR Doc. 2010-25298 Filed 10-7-10; 8:45 am]
BILLING CODE 3510-DS-P