[Federal Register Volume 64, Number 238 (Monday, December 13, 1999)]
[Notices]
[Pages 69487-69488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32222]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-549-807]


Certain Carbon Steel Butt-Weld Pipe Fittings From Thailand; Final 
Results of Antidumping Duty Administrative Review

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

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

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SUMMARY: On August 6, 1999, the Department of Commerce (the Department) 
published preliminary results of an administrative review of the 
antidumping duty order on certain carbon steel butt-weld pipe fittings 
(pipe fittings) from Thailand. This review covers Thai Benkan 
Corporation (TBC), a manufacturer/exporter of this merchandise to the 
United States, during the period July 1, 1997, through June 30, 1998. 
We preliminarily determined that sales of the subject merchandise have 
been made below normal value. We gave parties an opportunity to comment 
on our preliminary results. No comments were submitted to the 
Department. Additionally, we have changed our exchange rate methodology 
for a portion of the period covered by this review. However, this 
modification has not affected our results. Consequently, our 
preliminary results remain unchanged. We will instruct the U.S. Customs 
Service to assess antidumping duties based on the difference between 
the export price and the normal value.

EFFECTIVE DATE: December 13, 1999.

FOR FURTHER INFORMATION CONTACT: Zev Primor or Tom Futtner, 
Antidumping/Countervailing Duty Enforcement, Office 4, Group II, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 
20230; telephone: (202) 482-4114 or 482-3814, respectively.

THE APPLICABLE STATUTE AND REGULATIONS: Unless otherwise indicated, all 
citations to the statute are references to the provisions as of January 
1, 1995, the effective date of the amendments made to the Tariff Act of 
1930 (the Act), as amended, by the Uruguay Round Agreements Act (URAA). 
In addition, unless otherwise indicated, all citations to the 
Department's regulations refer to the regulations codified at 19 CFR 
Part 351 (April 1998).

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 1992, the Department published in the Federal Register 
an antidumping duty order on pipe fittings from Thailand (57 FR 29702). 
On July 30, 1998, the respondent requested, in accordance with section 
351.213(b) of the Department's regulations, an administrative review of 
the antidumping duty order on pipe fittings from Thailand covering the 
period July 1, 1997, through June 30, 1998. We published a notice of 
initiation of the review on August 27, 1998, (63 FR 45796). On 
September 15, 1998, the Department sent an antidumping questionnaire to 
TBC. The Department received questionnaire responses in October and 
November of 1998.
    Under section 751(a)(3)(A) of the Act, the Department may extend 
the deadline for completion of preliminary results if it determines 
that it is not practicable to complete the review within the statutory 
time limit. On March 10, 1999, the Department published notice of 
extension of time limit for the preliminary results of this case (64 FR 
11824). On May 7, 1999, we issued a supplemental questionnaire and 
received a response to that questionnaire on May 27, 1999. On August 6, 
1999, (64 FR 42902), the Department published preliminary results of 
the administrative review. We gave interested parties an opportunity to 
comment on the preliminary results. We received no comments. The 
Department has now completed this administrative review in accordance 
with section 751(a) of the Act.

Scope of the Review

    The product covered by this order is certain carbon steel butt-weld 
pipe fittings, having an inside diameter of less than 14 inches, 
imported in either finished or unfinished form. These formed or forged 
pipe fittings are used to join sections in piping systems where 
conditions require permanent, welded connections, as distinguished from 
fittings based on other fastening methods (e.g., threaded, grooved, or 
bolted fittings). Carbon steel pipe fittings are currently classified 
under subheading 7307.93.30 of the Harmonized Tariff Schedule (HTS). 
Although the HTS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this proceeding is 
dispositive. The review covers TBC and the period of review (POR) July 
1, 1997, through June 30, 1998.

Currency Conversion

    Effective July 2, 1997, the Thai government ended its restriction 
on the movement of the dollar-baht exchange rate, thereby allowing the 
rate to be determined by supply and demand. Our analysis of Federal 
Reserve exchange rate data shows that the value of the Thai baht in 
relation to the U.S. dollar fell on July 2, 1997, by about 18 percent 
from the previous day and did not rebound significantly in a short 
period of time. We have already concluded in another proceeding 
involving Thailand that this drop constitutes a ``precipitous and 
large'' decline for purposes of our exchange rate methodology. For a 
more detailed discussion of the methodology used for periods of 
``precipitous and

[[Page 69488]]

large'' exchange rate declines, please refer to Certain Welded Carbon 
Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty 
Administrative Review, 64 FR 56759 (October 21, 1999) (Pipes and Tubes 
from Thailand). For these final results of review, we incorporated the 
same methodology used in Pipes and Tubes from Thailand. However, the 
results have not been affected. All of TBC's U.S. sales took place 
during specific months in which we relied upon our ``standard'' 40-day 
average benchmark.

Final Results of the Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period July 1, 1997, 
through June 30, 1998:

------------------------------------------------------------------------
                                                              Weighted-
                                                               Average
                   Manufacturer/exporter                        Margin
                                                              (percent)
------------------------------------------------------------------------
Thai Benkan Corporation, Ltd...............................         0.94
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. Upon completion of this 
review, the Department will issue appraisement instructions directly to 
Customs. The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the determination and for future deposits of estimated duties. For 
assessment of EP sales we calculated a per-unit customer or importer-
specific assessment rate by aggregating the dumping margins calculated 
for all U.S. sales to each customer/importer and dividing this amount 
by the total quantity of those sales.
    Furthermore, the following cash deposit requirements will be 
effective upon completion of the final results of this administrative 
review for all shipments of pipe fittings from Thailand entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of the final results of this administrative review, as provided by 
section 751(a)(1) of the Act: (1) The cash deposit rate for the 
reviewed company will be the rate indicated above; (2) for exporters 
not covered in this review, but covered in the original less than fair 
value (LTFV) investigation or a previous review, the cash deposit rate 
will continue to be the company-specific rate published in the most 
recent period; (3) if the exporter is not a firm covered in this 
review, a previous review, or the original LTFV 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) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous reviews or the original LTFV investigation, the cash 
deposit rate will be 39.10 percent, the ``All Others'' rate from the 
LTFV investigation (57 FR 29702, July 6, 1992). These requirements, 
when imposed, shall remain in effect until publication of the final 
results of the next administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 the only 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 Sec. 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.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 771(i)(1) of the Act (19 U.S.C. 1675(a)(1) and 
1677f(i)(1)).

    Dated: December 6, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-32222 Filed 12-10-99; 8:45 am]
BILLING CODE 3510-DS-M