[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Notices]
[Pages 8423-8424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4632]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Certain Circular Welded Carbon Steel Pipes and Tubes from
Thailand: Amended Final Results of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 1996, the Department of Commerce (the
Department) published the final results of administrative review of the
antidumping duty order on certain circular welded carbon steel pipes
and tubes from Thailand (61 FR 56515). On January 15, 1997, the
Department published the amended final results of that administrative
review (62 FR 2131). This review covers Saha Thai Steel Pipe Company,
SAF Steel Pipe Export Company, and Pacific Pipe Company.1 The
period of review (POR) is March 1, 1994 through February 28, 1995.
---------------------------------------------------------------------------
\1\ The Department has determined that Pacific Pipe Company had
no U.S. sales during the period of review.
---------------------------------------------------------------------------
On January 16, 1997, Counsel for Saha Thai filed an allegation,
pursuant to 19 CFR 353.28, of a clerical error with regard to the
amended final results of the above review. Saha Thai's submission
alleged that the Department made errors in calculating the importer-
specific assessment rates for subject merchandise sold by Saha Thai. On
January 24, 1997, petitioners in this proceeding objected to Saha
Thai's request, arguing that the allegation was untimely because the
alleged error occurred in the original final results. Petitioners
claimed that the Department's regulations do not authorize further
alteration of the final results except through action by the Court of
International Trade, pursuant to 19 USC 1516a. Petitioners further
contend that 19 CFR 353.28 does not provide for correction of clerical
errors in amended final determinations.
The Department finds that correction of the ministerial error in
the amended final results of review is appropriate. Section 751(h) of
the Act authorizes the Department to correct final determinations
issued pursuant to section 751(a)(1). Because an amended final results
of review is a final determination under section 751, the Department
may correct ministerial errors found in amended final determinations in
accordance with 19 CFR 353.28.
In reviewing Saha Thai's submission, the Department found that the
alleged error in our amended final results calculations did in fact
occur and that the same error had not been present in the calculations
for the final results of review. Therefore, Saha Thai's allegation,
which was filed within five business days of the date of disclosure of
the amended final results calculations, was timely in accordance with
19 CFR 353.28(b). Due to a computer programming error, the importer-
specific antidumping duty rate was inadvertently overstated in the
amended final results. The Department agrees with Saha Thai that this
clerical error should be corrected in accordance with 19 CFR 353.29(c).
This correction affects only the importer-specific assessment rates and
will therefore only change our instructions to the Customs Service.
This modification does not change any other part of the calculations,
final results notice, or amended final results notice.
EFFECTIVE DATE: February 25, 1997.
FOR FURTHER INFORMATION CONTACT: James Rice or Jean Kemp, AD/CVD
Enforcement Group III, Office 9, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-
0162 or (202) 482-4037, respectively.
Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act. In addition, unless otherwise indicated,
all citations to the Department's regulations are to the current
regulations, as amended by the interim regulations published in the
Federal Register on May 11, 1995 (60 FR 25130).
Scope of the Review
The products covered by this administrative review are certain
circular welded carbon steel pipes and tubes from Thailand. The subject
merchandise has an outside diameter 0.375 inches 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.'' The merchandise is
classifiable under the Harmonized Tariff Schedule (HTS) item numbers
7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055,
7306.30.5085 and 7306.30.5090. Although the HTSUS subheadings are
provided for convenience and Customs
[[Page 8424]]
purposes, our written description of the scope of the order is
dispositive.
Amended Final Results of Review
Upon correction of the ministerial error, we have determined that
the margin remains unchanged from the amended final results published
on January 15, 1997. However, as discussed above, importer specific
assessment rates will change and we will instruct Customs accordingly.
------------------------------------------------------------------------
Margin
Manufacturer/exporter Time period (percent)
------------------------------------------------------------------------
Saha Thai/SAF............................ 3/1/94-2/28/95 7.27
------------------------------------------------------------------------
The Customs Service shall assess antidumping duties on all
appropriate entries. Individual differences between United States price
and normal value may vary from the percentages stated above. The
Department will issue appraisement instructions directly to the Customs
Service.
Furthermore, the following deposit requirements will be effective
for all shipments of certain circular welded carbon steel pipes and
tubes from Thailand entered, or withdrawn from warehouse, for
consumption on or after the publication date of these final results, as
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit
rates for the reviewed companies will be the rates for those firms as
stated above; (2) for previously investigated companies not listed
above, 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, or the original 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 15.67 percent for circular welded carbon steel pipes and
tubes, the all others rate established in the LTFV investigations. See
Final Determination and Antidumping Duty Order: Certain Welded Carbon
Steel Pipes and Tubes from Thailand, (51 FR 8341, March 11, 1986).
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This notice also 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 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. This 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 353.28(c).
Dated: February 13, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-4632 Filed 2-24-97; 8:45 am]
BILLING CODE 3510-DS-P