[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Notices]
[Pages 31735-31736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15474]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-475-814]


Amended Order and Final Determination of Sales at Less Than Fair 
Value: Small Diameter Circular Seamless Carbon and Alloy Steel, 
Standard, Line and Pressure Pipe From Italy

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

ACTION: Amendment to final determination of antidumping duty 
investigation in accordance with decision upon remand.

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SUMMARY: On August 29, 1997, the United States Court of International 
Trade (the CIT) remanded to the Department of Commerce (the Department) 
the final determination in the antidumping duty investigation of

[[Page 31736]]

small diameter circular seamless carbon and alloy steel, standard, line 
and pressure pipe from Italy. See Gulf States Tube v. United States, 
Court No. 95-09-01125, Slip Op. 97-124 (August 29, 1997). In its remand 
instructions, the CIT ordered that the Department recalculate the cost 
of production and constructed value for the galvanized pipe produced by 
Dalmine S.p.A. (Dalmine). On November 28, 1997, the Department filed 
its results of redetermination pursuant to the CIT's order, and on 
March 10, 1998, the CIT affirmed the Department's results of the 
remand. That decision was not appealed. As there is now a final and 
conclusive court decision in this action, we will instruct the Customs 
Service to continue to suspend liquidation of shipments of seamless 
pipe from Italy and require a cash deposit of 1.27 percent for Dalmine 
and all other manufacturers, producers or exporters for subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice.

EFFECTIVE DATE: June 10, 1998.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or David J. Goldberger, 
Office 5, AD/CVD Enforcement Group II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230, telephone: 
(202) 482-4929 or (202) 482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions in effect 
as of December 31, 1994. In addition, unless otherwise indicated, all 
citations to the Department's regulations are to the regulations 
codified at 19 CFR part 353 (1995).

Background

    On June 19, 1995, the Department published in the Federal Register 
the Final Determination of Sales at Less-Than-Fair-Value: Small 
Diameter Circular Seamless Carbon and Alloy Steel, Standard, Line and 
Pressure Pipe from Italy (60 FR 31981). On August 3, 1995, the 
Department published the Notice of Antidumping Duty Order: Certain 
Small Diameter Seamless Carbon and Alloy Steel Standard, Line and 
Pressure Pipe From Italy 60 FR 39705 (Final Determination). 
Subsequently, Dalmine, the sole Italian respondent in this case, filed 
a lawsuit with the CIT, challenging the Department's final 
determination.
    On August 29, 1997, the United States Court of International Trade 
(the CIT) remanded to the Department the Final Determination. See Gulf 
States Tube v. United States, Court No. 95-09-01125, Slip Op. 97-124 
(August 29, 1997). In its remand instructions, the CIT granted the 
Department's request to recalculate the cost of production (COP) and 
constructed value (CV) for the galvanized pipe produced by Dalmine. The 
CIT agreed that the final adjustments made to Dalmine's factory 
overhead costs resulted in the overstatement of the costs attributable 
to galvanized pipe, which consequently overstated Dalmine's COP and CV 
computed for purposes of the Final Determination. On November 28, 1997, 
the Department filed its results of redetermination pursuant to the 
CIT's remand. As a result of the redetermination upon remand, the 
antidumping margin for Dalmine changed from 1.84 percent to 1.27 
percent. On March 10, 1998, the CIT affirmed the Department's results 
of the remand redetermination. See CIT's Judgment Order, Slip Op. 98-
25, Consol. Court No. 95-09-01125. That decision was not appealed. As 
there is now a final and conclusive court decision in this action, we 
are amending our final determination in this matter.

Amended Final Determination

    Pursuant to section 516 (A)(e) of the Act, we are now amending the 
final determination on the antidumping duty order on seamless pipe from 
Italy. As a result of the remand redetermination, the recalculated 
final weighted-average margin is as follows:

------------------------------------------------------------------------
                                              Customers ID      Margin  
      Manufacturer/producer/exporter             Number       percentage
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Dalmine S.p.A.............................     A-475-814-001       1.27 
All Others................................     A-475-814-000       1.27 
------------------------------------------------------------------------

Suspension of Liquidation

    For imports of seamless pipe from Italy, the Department will direct 
United States Customs officers to assess, upon further advice by the 
administering authority pursuant to section 736(a)(1) of the Act, 
antidumping duties equal to the amount by which the foreign market 
value of the merchandise exceeds the United States price for all 
entries of seamless pipe from Italy. These antidumping duties will be 
assessed on all entries of seamless pipe from Italy entered, or 
withdrawn from warehouse, for consumption on or after June 19, 1995, 
the date on which the Department published its final determination 
notice in the Federal Register (60 FR 31981). The Department will 
instruct the Customs Service to collect cash deposits of 1.27 percent 
on all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of this 
amended final determination.
    This determination is issued and published in accordance with 
section 736(a)(1) of the Act and 19 CFR 353.20(a)(4)(1994).

    Dated: June 3, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-15474 Filed 6-9-98; 8:45 am]
BILLING CODE 3510-DS-P