[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Notices]
[Pages 33791-33792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16049]



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DEPARTMENT OF COMMERCE
[C-549-501]


Certain Circular Welded Carbon Steel Pipes and Tubes from 
Thailand: Final Results of Countervailing Duty Administrative Review

June 21, 1995.
AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of countervailing duty administrative 
review.

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SUMMARY: On March 28, 1995, the Department of Commerce (the Department) 
published the preliminary results of its administrative review of the 
countervailing duty order on certain circular welded carbon steel pipes 
and tubes from Thailand (60 FR 15901). We have now completed this 
review and determine the total net subsidy rate to be 0.73 percent ad 
valorem for all 

[[Page 33792]]
companies for the period January 1, 1992 through December 31, 1992. We 
will instruct the U.S. Customs Service to assess countervailing duties 
as indicated above.

EFFECTIVE DATE: June 29, 1995.

FOR FURTHER INFORMATION CONTACT: Penelope Naas or Carole Showers, 
Office of Countervailing Investigations, Import Administration, U.S. 
Department of Commerce, Room B099, 14th Street and Constitution Avenue, 
N.W., Washington, DC 20230; telephone (202) 482-3534 and 482-3217, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 28, 1995, the Department published in the Federal Register 
(60 FR 15901) the preliminary results of its administrative review of 
the countervailing duty order on certain circular welded carbon steel 
pipes and tubes from Thailand (50 FR 32751; August 14, 1985). The 
Department is conducting this administrative review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). Unless 
otherwise indicated, all citations to the statute and to the 
Department's regulations are in reference to the provisions as they 
existed on December 31, 1994.
    We invited interested parties to comment on the preliminary 
results. On April 27, 1995, a case brief was submitted by the domestic 
interested parties. On May 4, 1995, a rebuttal brief was submitted by 
the Royal Thai Government. The review period is January 1, 1992 through 
December 31, 1992. This review involves one company, Saha Thai Pipe and 
Tube, and the following programs:

1. Export Packing Credits
2. Tax Certificates for Exporters
3. Tax and Duty Exemptions Under Section 28 of the Investment Promotion 
Act
4. Repurchase of Industrial Bills
5. Export Processing Zones
6. International Trade Promotion Fund/Export Promotion Fund
7. Electricity Discounts for Exporters
8. Reduced Business Taxes for Producers of Intermediate Goods for 
Export Industries
9. Additional Incentives under the IPA

    We have now completed this review in accordance with section 751 of 
the Act. We have made no calculation changes since the preliminary 
determination. Therefore, we determine that the net subsidy for these 
final results is the same as in the preliminary determination (60 FR 
15091): 0.73 percent ad valorem for all exporters and producers of pipe 
and tube from Thailand.

Scope of Review

    Imports covered in this review are shipments of circular welded 
carbon steel pipes and tubes (pipes and tubes) with an outside diameter 
of 0.375 inch or more but not over 16 inches, of any wall thickness. 
These products, commonly referred to in the industry as standard pipe 
or structural tubing, are produced to various ASTM specifications, most 
notably A-120, A-53 and A-135. During the review period, this 
merchandise was classified under item numbers 7306.30.10 and 7306.30.50 
of the HTS. The HTS numbers are provided for convenience and Customs 
purposes. The written description remains dispositive.

Analysis of Comments

Comment 1

    Petitioners challenge the Department's decision to publish a 
country-wide countervailing duty rate. They argue that the statute, 
legislative history and court precedent give the Department ample 
authority to calculate a company-specific rate and a separate ``all 
others'' rate in the final results of this review. In this case, 
petitioners argue that the Department does not have a representative 
sample, since other producers are known to export the subject 
merchandise to the United States. Petitioners state that section 
355.22(d) does not control the results in this review, as the country-
wide rate must bear some relation to the average rate for all producers 
in the country. Thus, the Department should issue a company-specific 
rate to Saha Thai and an all-others rate to the remaining companies.
    Respondents state that section 355.22(d) requires the publication 
of a single, country-wide rate in this review. Respondents point to the 
regulations, which state that only if there is a significant 
differential between producers or exporters during the period under 
review would the Department issue individual rates. They claim that 
petitioners' argument, which would require the Department to use the 
preliminary results of the 1988 review as the basis for an ``all other 
`` rate, is not allowed by the statute or the regulations because these 
results are outside the period under review.

DOC Position

    We agree with respondents. At verification, we verified that Saha 
Thai was the only company that exported the subject merchandise during 
the period of review (see Verification of the Government of Thailand 
and Saha Thai, dated May 26, 1994). Thus, based on 355.22(c)(7)(ii), we 
calculated a country-wide rate. The fact that a producer did not export 
during the POR, but now exports, will be addressed in a subsequent 
administrative review if one is requested, and the appropriate rate 
then will be determined.

Results of Review

    As a result of our review, we determine the net subsidy for the 
period of January 1, 1992, through December 31, 1992, to be 0.73 
percent ad valorem for all exporters and producers of pipe and tube 
from Thailand.
    Therefore, the Department intends to instruct the Customs Service 
to assess countervailing duties of 0.73 percent ad valorem on the 
f.o.b. invoice price on all shipments of this merchandise from Thailand 
entered, or withdrawn from warehouse, for consumption on or after 
January 1, 1992, and on or before December 31, 1992.
    Further, the Department intends to instruct the Customs Service to 
collect cash deposits of 0.73 percent ad valorem on the f.o.b. invoice 
price on all shipments of this merchandise entered, or withdrawn from 
the warehouse, for consumption on or after the date of publication of 
the final results of this administrative review. This deposit 
instruction shall remain in effect until publication of the final 
results of the next administrative review.
    The administrative review and notice are in accordance with section 
751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 355.22.

    Dated: June 21, 1995.
Susan G. Esserman
Assistant Secretary for Import Administration.
[FR Doc. 95-16049 Filed 6-28-95; 8:45 am]
BILLING CODE 3510-DS-P