[Federal Register Volume 65, Number 44 (Monday, March 6, 2000)]
[Notices]
[Pages 11766-11767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-702, A-580-813, and A-583-816]


Continuation of Antidumping Duty Orders: Certain Stainless Steel 
Butt-Weld Pipe and Tube Fittings From Japan, South Korea, and Taiwan.

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

ACTION: Notice of continuation of antidumping duty orders: certain 
stainless steel butt-weld pipe and tube fittings from Japan, South 
Korea, and Taiwan.

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SUMMARY: On February 4, 1999, the Department of Commerce (``the 
Department''), pursuant to sections 751(c) and 752 of the Tariff Act of 
1930, as amended (``the Act''), determined that revocation of the 
antidumping duty orders on certain stainless steel butt-weld pipe and 
tube fittings (``pipe and tube fittings'') from Japan, South Korea 
(``Korea''), and Taiwan is likely to lead to continuation or recurrence 
of dumping (65 FR 5604). On February 24, 2000, the International Trade 
Commission (``the Commission''), pursuant to section 751(c) of the Act, 
determined that revocation of the antidumping duty orders on pipe and 
tube fittings from Japan, Korea, and Taiwan would be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time (65 FR 9298). 
Therefore, pursuant to 19 CFR 351.218(f)(4), the Department is 
publishing notice of the continuation of the antidumping duty orders on 
pipe and tube fittings from Japan, Korea, and Taiwan.

EFFECTIVE DATE: March 6, 2000.

FOR FURTHER INFORMATION CONTACT: Mark D. Young or Melissa G. Skinner, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-6397 
or (202) 482-1560, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 1999, the Department initiated, and the Commission 
instituted, sunset reviews of the antidumping duty orders on pipe and 
tube fittings from Japan, Korea, and Taiwan pursuant to section 751(c) 
of the Act (64 FR 35588 and 64 FR 35691, respectively). As a result of 
its reviews, the Department found that revocation of the antidumping 
duty orders would likely lead to continuation or recurrence of dumping 
and notified the Commission of the magnitude of the margins likely to 
prevail were the orders to be revoked (See Final Results of Expedited 
Sunset Reviews: Certain Stainless Steel Butt-Weld Pipe and Tube 
Fittings From Japan, South Korea, and Taiwan, 65 FR 5604 (February 4, 
2000).
    On February 24, 2000, the Commission determined, pursuant to 
section 751(c) of the Act, that revocation of the antidumping duty 
orders on pipe and tube fittings from Japan, Korea, and Taiwan would be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time (See 
Certain Stainless Steel Butt-Weld Pipe and Tube Fittings From Japan, 
South Korea, and Taiwan, 65 FR 9298 (February 24, 2000) and USITC Pub. 
3263, Investigations Nos. 731-TA-376, 563, and 564 (Review) (February 
2000).

Scope

    The products covered by these orders include certain stainless 
steel butt-weld pipe and tube fittings. These fittings are used in 
piping systems for chemical plants, pharmaceutical plants, food 
processing facilities, waste treatment facilities, semiconductor 
equipment applications, nuclear power plants and other areas. The 
subject merchandise are currently classifiable under the Harmonized 
Tariff Schedule of the United States (``HTSUS'') item number 
7307.23.00.00. The HTSUS item number is provided for convenience and 
customs purposes. The written description remains dispositive.

[[Page 11767]]

    With respect to the order on subject imports from Japan and Taiwan, 
the Department has made several scope rulings. The following products 
were determined to be within the scope of the orders:

------------------------------------------------------------------------
     Product within scope            Importer             Citation
------------------------------------------------------------------------
Superclean or ultraclean pipe   Benkan             56 FR 1801 (January
 fittings from Japan.            Corporation.       17, 1991).
A774 type stainless steel pipe  Tachia Yung Ho...  58 FR 28556 (May 14,
 fittings from Taiwan.                              1993).
Cast butt-weld pipe fittings    Eckstrom           Eckstrom Ind. v.
 from Taiwan.                    Industries.        United States, Court
                                                    No. 97-10-01913,
                                                    Slip. Op,. 99-99
                                                    (Ct. Int'l Trade
                                                    Sept. 20, 1999).\1\
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\1\ The Court of International Trade affirmed Commerce decision that
  cast butt-weld pipe fittings are within the scope of the order. We
  note, however, that on November 18, 1999, Eckstrom appealed this
  decision to the Court of Appeals for the Federal Circuit, Case no. 00-
  1117. That appeal is currently pending.

    The following products were determined to be outside the scope of 
the orders:

------------------------------------------------------------------------
     Product outside scope           Importer             Citation
------------------------------------------------------------------------
Certain gasket raised face      Fujikin of         60 FR 54213 (October
 seal sleeves and certain        America, Inc.      20, 1995).
 stainless steel ``fine-fit''
 tube fittings imported from
 Japan.
Stainless steel tube fittings   Top Line Process   60 FR 54213 (October
 with non-welded end             Equipment          20, 1995).
 connection, and other           Corporation.
 products from Taiwan.
Primet joint metal seal         Daido............  61 FR 5533 (February
 fittings and primet joint                          13, 1996).
 weld fittings from Japan.
Sleeves of clean vacuum         Benkan...........  61 FR 5533 (February
 couplings and super-clean                          13, 1996).
 microfittings from Japan.
Superclean fittings from Japan  Benkan UCT         61 FR 40194 (August
                                 Corporation.       1, 1996).
------------------------------------------------------------------------

Determination

    As a result of the determinations by the Department and the 
Commission that revocation of these antidumping duty orders would be 
likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act, the Department hereby orders the continuation of 
the antidumping duty orders on pipe and tube fittings from Japan, 
Korea, and Taiwan. The Department will instruct the U.S. Customs 
Service to continue to collect antidumping duty deposits at the rate in 
effect at the time of entry for all imports of subject merchandise. The 
effective date of continuation of these orders will be the date of 
publication in the Federal Register of this Notice of Continuation. 
Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department 
intends to initiate the next five-year review of these orders not later 
than February 2005.

    Dated: February 29, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-5373 Filed 3-3-00; 8:45 am]
BILLING CODE 3510-DS-P