[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Notices]
[Pages 29533-29534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14746]



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DEPARTMENT OF COMMERCE
[A-549-502]


Certain Circular Welded Carbon Steel Pipes and Tubes From 
Thailand: Amended Final Results of Antidumping Duty Administrative 
Review in Accordance With Decision on Remand

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Amended final results of antidumping duty administrative review 
in accordance with decision on remand.

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SUMMARY: On August 26, 1992, the Department of Commerce (``the 
Department'') published in the Federal Register the final results of 
the second administrative review of the antidumping duty order on 
certain circular welded carbon steel pipes and tubes from Thailand. The 
review covered the period March 1, 1988 through February 28, 1989.
    On February 14, 1995, the Court of International Trade (``CIT'') 
issued an order, in the case of Saha Thai Steel Pipe Co., Ltd. v. 
United States, Slip Op. 95-21 (CIT 1995), remanding to the Department 
the final results of the second administrative review of Saha Thai 
Steel Pipe Co., Ltd. (``Saha Thai''). The Department issued its remand 
results on May 3, 1995, and its final calculations on June 21, 1995. On 
August 2, 1995, the CIT affirmed the Department's redetermination (Slip 
Op. 95-139). Since the CIT's ruling was not appealed, and the CIT 
decision affirming our redetermination has become final and conclusive 
within the meaning of section 516A(e) of the Tariff Act of 1930, as 
amended (``the Act''), we are amending our final results of the second 
administrative review of the antidumping duty order on certain circular 
welded carbon steel pipes and tubes from Thailand with respect to Saha 
Thai.

EFFECTIVE DATE: June 11, 1996.

FOR FURTHER INFORMATION CONTACT: Alain Letort or Linda Ludwig, Office 
of Agreements Compliance, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
3793 or telefax (202) 482-1388.

SUPPLEMENTARY INFORMATION:

Scope of the Review

    Imports covered by the review are shipments of certain circular 
welded carbon steel pipes and tubes with an outside diameter of 0.375 
inch or more, but not exceeding 16 inches. These products, which are 
commonly referred to in the industry as ``standard pipe'' or 
``structural tubing,'' are hereinafter designated as ``pipe and tube.'' 
Pipe and tube is currently classifiable under item numbers 
7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 
7306.30.5085, and 7306.30.5090 of the Harmonized Tariff Schedule 
(``HTS''). These item numbers are provided for convenience and customs 
purposes only. The written product description remains dispositive.
    This review covers shipments made by Saha Thai Steel Pipe Co., Ltd. 
(``Saha Thai'') from Thailand to the United States during the period 
March 1, 1988 through February 28, 1989.

Background

    On August 26, 1992, the Department of Commerce (``the Department'') 
published in the Federal Register the final results of the second 
administrative review of the antidumping duty order on certain circular 
welded carbon steel pipes and tubes from Thailand (57 FR 38668) 
(``Final Results''). The review covered shipments of this merchandise 
from Thailand to the United States during the period March 1, 1988, 
through February 28, 1989, by Saha Thai.
    On February 14, 1995, the Court of International Trade (``CIT'') 
issued an order, in the case of Saha Thai Steel Pipe Co., Ltd. v. 
United States, Slip Op. 95-21 (CIT 1995), remanding to the Department 
the final results of the second antidumping duty administrative review 
of Saha Thai. The CIT ordered the Department ``to clearly set forth the 
criteria used in its Final Results and to provide a reasonable 
explanation for any departure from established criteria if necessary, 
the facts used, and the conclusions reached in light of those criteria 
and facts.'' The Department having done so as reported in its remand 
results dated May 31, 1995, and final calculations dated June 21, 1995 
(together referred to as the ``remand results''), the CIT, on August 2, 
1995, affirmed the remand results (Slip Op. 95-139).

Amended Final Results of the Review

    As a result of our recalculations, we have determined that a 
weighted-average dumping margin of 0.46 percent ad valorem exists for 
certain circular welded carbon steel pipes and tubes sold by Saha Thai 
during the period beginning on March 1, 1988 and ending on February 28, 
1989. The dumping margin is de minimis.
    Because the CIT's ruling affirming our redetermination has become 
final and conclusive, within the meaning of section 516A(e) of the Act, 
the Department will instruct the U.S. Customs Service immediately to 
lift the suspension of liquidation and also to assess antidumping 
duties on entries subject to this review, as appropriate. The 
Department will issue appraisement instructions directly to the U.S. 
Customs Service.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 353.26 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 the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 353.34(d) of the Department's 
regulations. Timely notification of 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.

[[Page 29534]]

    This amendment of final results of review and notice are in 
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended 
[19 U.S.C. 1675(a)(1)] and section 353.22 of the Department's 
regulations (19 CFR 353.22).

    Dated: June 4, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-14746 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-19-P