[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Notices]
[Pages 66120-66121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31982]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-533-502]


Certain Welded Carbon Steel Pipes and Tubes From India; Amended 
Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.

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SUMMARY: On July 22, 1998, the Department of Commerce published in the 
Federal Register (63 FR 39269) the amended final results of 
administrative review of the antidumping duty order on certain welded 
carbon steel pipes and tubes from India. The period of review is May 1, 
1996 through April 30, 1997. Subsequent to the publication of the 
amended final results, we received a comment from the respondent 
alleging a ministerial error. After analyzing the comment submitted, we 
are amending our amended final results to correct the ministerial 
error. Based on the correction of the ministerial error, we have 
changed the margin for Rajinder Pipes Ltd. and Rajinder Steel, Ltd.

EFFECTIVE DATE: December 1, 1998.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Robin Gray, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230; 
telephone: (202) 482-3477 or 482-4023, respectively.

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the 
Tariff Act by the Uruguay Round Agreements Act. In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 353 (April 1997).

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 1998, the Department published in the Federal Register 
(63 FR 39269) the amended final results of administrative review of the 
antidumping duty order on certain welded carbon steel pipes and tubes 
from India covering the period May 1, 1996 through April 30, 1997. 
After publication of the amended final results, we received a timely 
allegation from Rajinder Pipes Ltd. and Rajinder Steel, Ltd. 
(collectively called ``RSL'') that we had made a ministerial error. 
However, because RSL had filed a summons and complaint with the Court 
of International Trade (CIT), we did not issue amended final results of 
review reflecting the correction of the clerical error. In accordance 
with Zenith Elec. Corp. v. United States, 699 F. Supp. 296

[[Page 66121]]

(CIT 1988), Aff'd 884 F.2d 556 (Fed Cir. 1989), the Department may not 
amend an administrative result while it is under the CIT's exclusive 
jurisdiction unless it has leave of the CIT.
    On November 2, 1998, pursuant to the order issued in Rajinder Pipes 
Ltd. v. United States, Court No. 98-07-02504, the CIT granted the 
Department leave to correct the clerical error in the calculation of 
RSL's weighted-average margin. Therefore, we are correcting the 
calculation, in accordance with section 751(h) of the Act.

Clerical-Error Allegation

    RSL alleges that, while making corrections to the final results, 
the Department caused another clerical error to occur inadvertently. 
Specifically, RSL asserts that, after the Department corrected the 
clerical error regarding the home market credit-expense adjustment for 
direct sales, it did not deduct the excise duty when making comparisons 
to U.S. price.
    We agree with RSL and have made the appropriate change in the 
margin program so that we have deducted excise duty from home market 
price before making a comparison to U.S. price. This was an inadvertent 
error in our computer programming.

Amended Final Results of Review

    As a result of the amended margin calculations, the following 
weighted-average percentage margin exists for the period May 1, 1996, 
through April 30, 1997:

------------------------------------------------------------------------
                                                              Percentage
                   Manufacturer/exporter                        margin
------------------------------------------------------------------------
RSL........................................................        14.05
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. We have 
calculated, wherever possible, an exporter/importer-specific assessment 
rate for RSL's sales to the United States. We will also direct the 
Customs Service to collect cash deposits of estimated antidumping 
duties on all appropriate entries in accordance with the procedures 
discussed in the final results of review (63 FR 32825, 32833) and as 
amended by this notice. The amended deposit requirements are effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice and 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 doubled antidumping duties.
    We are issuing and publishing this determination in accordance with 
sections 751(h) and 777(i) of the Act and 19 CFR 353.28(c).

    Dated: November 18, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-31982 Filed 11-30-98; 8:45 am]
BILLING CODE 3510-DS-P