[Federal Register Volume 65, Number 87 (Thursday, May 4, 2000)]
[Notices]
[Pages 25907-25908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11171]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-850, A-588-851, A-791-808]


Notice of Final Determinations of Sales at Less Than Fair Value: 
Certain Large Diameter Carbon and Alloy Seamless Standard, Line and 
Pressure Pipe from Japan; and Certain Small Diameter Carbon and Alloy 
Seamless Standard, Line and Pressure Pipe from Japan and the Republic 
of South Africa

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

EFFECTIVE DATE: May 4, 2000.

FOR FURTHER INFORMATION CONTACT: Charles Riggle at (202) 482-5288 or 
Constance Handley at (202) 482-0631, Important Administration, Room 
1870, International Trade Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW., Washington DC 20230.

The Applicable Statute and Regulations

    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 (``URAA''). In addition, unless 
otherwise indicated, all citations to the Department of Commerce (``the 
Department'') regulations refer to the regulations codified at 19 CFR 
part 351 (April 1999).

Final Determinations

    We determine that large diameter carbon and alloy seamless 
standard, line and pressure pipe (large diameter seamless pipe) from 
Japan, and small diameter carbon and alloy seamless standard, line and 
pressure pipe (small diameter seamless pipe) from Japan and the 
Republic of South Africa (South Africa) are being sold in the United 
States at less than fair value (LTFV), as provided in section 735 of 
the Act. The estimated margins are shown in the Suspension of 
Liquidation section of this notice.

Case History

    The preliminary determinations in these investigations were issued 
on December 7, 1999. See Notice of Preliminary Determinations of Sales 
at Less Than Fair Value: Certain Large Diameter Carbon and Alloy 
Seamless Standard, Line and Pressure Pipe from Japan and Certain Small 
Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe 
from Japan and the Republic of South Africa, 64 FR 69718 (December 14, 
1999) ``(Preliminary Determinations''). On January 13, 2000, in the 
investigations involving Japan, case briefs were filed by Sumitomo 
Metal Industries, Ltd. (SMI), MC Tubular Products, Inc. (MCTP) and the 
American Boiler Manufacturers Association (ABMA). The petitioners \1\ 
submitted a rebuttal brief on January 21, 2000. No briefs were filed in 
the investigation involving the Republic of South Africa (South 
Africa). On March 9, 2000, we published an affirmative preliminary 
determination of critical circumstances in the investigations involving 
small diameter pipe from Japan and South Africa.\2\ A hearing was held 
on March 14, 2000, in the context of the investigations involving 
Japan. On April 26, 2000, the petitioners requested that the scope of 
the large diameter investigation be amended to exclude certain 
products.
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    \1\ The petitioners in the large diameter pipe cases include 
U.S. Steel Group (a unit of USX Corp.), Lorain Tubular Co. LLC 
(``formerly USS/Kobe Steel Company'') and the United Steel Workers 
of America. The petitioners in the small diameter pipe cases include 
Koppel Steel Corporation, Sharon Tube Company, U.S. Steel Group, 
Lorain Tubular Co. LLC and Vision Metals, Inc. (Gulf States Tube 
Division) and the United Steel Workers of America.
    \2\ See Preliminary Determinations of Critical Circumstances: 
Certain Small Diameter Carbon and Alloy Seamless Standard, Line and 
Pressure Pipe from Japan and South Africa 65 FR 12509 (March 9, 
2000).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these investigations are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Holly A. Kuga, Acting Deputy 
Assistant Secretary, Import Administration, to Troy H. Cribb, Acting 
Assistant Secretary for Import Administration, dated April 27, 2000, 
which is hereby adopted by this notice.
    A list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memorandum, is attached to 
this notice as an Appendix. Parties can find a complete discussion of 
all issues raised in these investigations and the corresponding 
recommendations in this public memorandum which is on file in the 
Central Records Unit, room B-099 of the main Department building.

[[Page 25908]]

    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the World Wide Web at www.ita.doc.gov/import_admin/records/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Scope of Investigations

    For a description of the scope of this investigation, see the 
``Scope and Investigations'' section of the Decision Memorandum, which 
is on file in B-099 and available on the Web at www.ita.doc.gov/import_admin/records/frn/. The scope of the investigations has been 
amended since the preliminary determination.

Period of Investigations

    The period of the investigations (``POI'') for both the large and 
small diameter seamless pipe cases is April 1, 1998, through March 31, 
1999.

Facts Available

    In the preliminary determinations, the Department based the dumping 
margins for the mandatory respondents, Kawasaki Steel Corporation 
(Kawasaki), Nippon Steel Corporation (Nippon), and Sumitomo Metal 
Industries (SMI) for both investigations involving Japan; and Iscor 
Ltd. (Iscor) in the investigation involving South Africa, on facts 
otherwise available pursuant to section 776(a)(2)(A) of the Act. The 
use of facts otherwise available is necessary because the record does 
not contain company-specific information due to the fact that each of 
these respondents failed to respond to the Department's questionnaire, 
nor did they provide any indication that they were unable to do so. 
Therefore, the Department found that they failed to cooperate by not 
acting to the best of their ability. As a result, pursuant to section 
776(b), the Department used an adverse inference in selecting from the 
facts available. Specifically, the Department assigned to the mandatory 
respondents the highest margins alleged in the respective petitions. We 
continue to find these margins corroborated, pursuant to section 776(c) 
of the Act, for the reasons discussed in the Preliminary 
Determinations. No interested parties have objected to the use of 
adverse facts available for the mandatory respondents in these 
investigations, nor to the Department's choice of facts available. For 
its final determinations, the Department is continuing to use the 
highest margins alleged by petitioners for all non-responding mandatory 
respondents in these proceedings. See Preliminary Determinations. In 
addition, the Department has left unchanged from the preliminary 
determinations the ``All Others Rate'' in each investigation.

Critical Circumstances

    No comments were received regarding the Department's preliminary 
critical circumstances determinations, and the Department has not made 
any changes to those determinations. For the reasons given in the 
preliminary determinations, the Department continues to find that 
critical circumstances exist with respect to small diameter seamless 
pipe imported from SMI, Kawasaki and Nippon in the investigation 
involving Japan and Iscor in the investigation involving South Africa 
in accordance with section 733(e)(1) of the Act.
    As set forth in preliminary determinations, because the massive 
imports criterion necessary our to find critical circumstances has not 
been met with respect to firms other than SMI, Kawasaki, Nippon and 
Iscor, the Department continues to find, for the purposes of these 
final determinations, that critical circumstances do not exist for 
imports of small diameter seamless pipe for the ``all others'' category 
in both the Japan and South Africa investigations.
    There was no allegation of critical circumstances in the 
investigation of large diameter pipe from Japan.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to continue to suspend all entries of 
small diameter seamless pipe from the Japan produced by Kawasaki, 
Nippon and SMI and all entries of small diameter seamless pipe from 
South Africa produced by Iscor, that are entered, or withdrawn from 
warehouse, for consumption on or after September 15, 1999, the date 90 
days prior to the date of publication of our preliminary determination. 
The Customs Service will also be directed to continue to suspend 
liquidation of all entries of large diameter seamless pipe exported 
from Japan and all entries of small diameter seamless pipe from Japan 
and South Africa produced by all companies not named above, that are 
entered, or withdrawn from warehouse, for consumption on or after 
December 14, 1999, the date of publication of our preliminary 
determinations in the Federal Register. The Customs Service shall 
require a cash deposit or bond equal to the dumping margin, as 
indicated in the chart below. These instructions suspending liquidation 
will remain in effect until further notice. The dumping margins are 
provided below:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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Japan--large diameter
    Nippon Steel Corporation...............................       107.80
    Kawasaki Steel Corporation.............................       107.80
    Sumitomo Metal Industries..............................       107.80
    All others.............................................        68.88
Japan--small diameter
    Nippon Steel Corporation...............................       106.07
    Kawasaki Steel Corporation.............................       106.07
    Sumitomo Metal Industries..............................       106.07
    All others.............................................        70.43
South Africa--small diameter
    Iscor Ltd..............................................        43.51
    All others.............................................        40.17
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ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determinations. As our 
final determinations are affirmative, the ITC will, within 45 days, 
determine whether these imports are materially injuring, or threaten 
material injury to, the U.S. industry. If the ITC determines that 
material injury or threat of material injury does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
the Customs Service to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.
    These determinations are published pursuant to sections 735(d) and 
777(i)(1) of the Act.

    Dated: April 27, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix I--Issues in Decision Memo

Comments and Responses
    1. Class or Kind

[FR Doc. 00-11171 Filed 5-3-00; 8:45 am]
BILLING CODE 3510-DS-M