[Federal Register Volume 65, Number 116 (Thursday, June 15, 2000)]
[Notices]
[Pages 37518-37520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Circular Welded Non-Alloy Steel Pipe and Tube From Mexico: 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 December 9, 1999, the Department of Commerce (the 
Department) published the preliminary results of its administrative 
review of the antidumping duty order on circular welded non-alloy steel 
pipe from Mexico covering exports of this merchandise to the United 
States by certain manufacturers (Circular Welded Non-Alloy Steel Pipe 
from Mexico; Preliminary Results of Administrative Review, 64 FR 68995 
(December 9, 1999)). We invited interested parties to comment on the 
preliminary results. We received comments and rebuttals from 
petitioners and from respondent with respect to both Hylsa and TUNA. 
Based on our analysis of the comments received, we have made changes in 
the margin calculations. The final weighted-average dumping margins for 
TUNA and Hylsa are listed below in the section entitled Final Results 
of Reviews.

EFFECTIVE DATE: June 15, 2000.

FOR FURTHER INFORMATION CONTACT: John Drury (TUNA), Charles Rast 
(Hylsa), or Linda Ludwig, Enforcement Group III, Office 8, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Room 7866, 
Washington, DC 20230; telephone (202) 482-0195, (202) 482-1324, or 
(202) 482-3833, 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 effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
references to the provisions codified at 19 CFR part 351 (April 1998).

Background

    The Department published an antidumping duty order on circular

[[Page 37519]]

welded non-alloy steel pipe and tube from Mexico on November 2, 1992 
(57 FR 49453). The Department published a notice of ``Opportunity to 
Request an Administrative Review'' of the antidumping duty order for 
the 1997/98 review period on November 12, 1998 (63 FR 63287). 
Respondents TUNA and Hylsa requested that the Department conduct an 
administrative review of the antidumping duty order on circular welded 
non-alloy steel pipe and tube from Mexico. We initiated this review on 
December 23, 1998. 63 FR 71091 (December 17, 1998).
    On December 9, 1999, the Department published the preliminary 
results in this case. See Circular Welded Non-Alloy Steel Pipe from 
Mexico: Preliminary Results of Antidumping Duty Administrative Review, 
64 FR 68995 (December 9, 1999). Section 751(a)(3)(A) of the Act allows 
the Department to extend the deadline for the final determination to 
180 days from the date of publication of the preliminary determination. 
On March 31, 2000, the Department published a notice of extension of 
the time limit for the final results in this case to June 6, 2000. See 
Circular Welded Non-Alloy Steel Pipe from Mexico: Extension of Time 
Limit for Final Results of Antidumping Duty Administrative Review, 65 
FR 17256 (March 31, 2000).
    The Department is conducting this review in accordance with section 
751(a) of the Act.

Scope of Review

    The products covered by these orders are circular welded non-alloy 
steel pipes and tubes, of circular cross-section, not more than 406.4 
millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, galvanized, or painted), or end 
finish (plain end, beveled end, threaded, or threaded and coupled). 
These pipes and tubes are generally known as standard pipes and tubes 
and are intended for the low pressure conveyance of water, steam, 
natural gas, and other liquids and gases in plumbing and heating 
systems, air conditioning units, automatic sprinkler systems, and other 
related uses, and generally meet ASTM A-53 specifications. Standard 
pipe may also be used for light load-bearing applications, such as for 
fence tubing, and as structural pipe tubing used for framing and 
support members for reconstruction or load-bearing purposes in the 
construction, shipbuilding, trucking, farm equipment, and related 
industries. Unfinished conduit pipe is also included in these orders.
    All carbon steel pipes and tubes within the physical description 
outlined above are included within the scope of these orders, except 
line pipe, oil country tubular goods, boiler tubing, mechanical tubing, 
pipe and tube hollows for redraws, finished scaffolding, and finished 
conduit. Standard pipe that is dual or triple certified/stenciled that 
enters the U.S. as line pipe of a kind used for oil or gas pipelines is 
also not included in these orders.
    Imports of the products covered by these orders are currently 
classifiable under the following Harmonized Tariff Schedule (HTS) 
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90.
    Although the HTS subheadings are provided for convenience and 
customs purposes, our written description of the scope of these 
proceedings is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum (Decision Memorandum) from Joseph A. Spetrini, Deputy 
Assistant Secretary, Import Administration, to Troy H. Cribb, Acting 
Assistant Secretary for Import Administration, dated June 6, 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 this 
review 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. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at www.ita.doc.gov/import_admin/records/frn/. The paper copy and the electronic version of 
the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, and of information 
submitted by respondents in response to requests by the Department for 
more information, we have made certain changes in the margin 
calculations. We have also corrected certain programming and clerical 
errors in our preliminary results, where applicable. Any alleged 
programming or clerical errors with which we do not agree are discussed 
in the relevant sections of the Decision Memorandum, accessible in B-
099 and on the Web at www.ita.doc.gov/import_admin/records/frn/.

Final Results of Review

    We determine that the following percentage weighted-average margins 
exist for the period November 1, 1997 through October 31, 1998:

             Circular Welded Non-Alloy Steel Pipes and Tubes
------------------------------------------------------------------------
                                                              Weighted-
                                                               Average
               Producer/Manufacturer/Exporter                   Margin
                                                              (percent)
------------------------------------------------------------------------
TUNA.......................................................         1.92
Hylsa......................................................        10.38
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions directly to the Customs Service. 
Furthermore, the following deposit requirements will be effective upon 
publication of this notice of final results of review for all shipments 
of circular welded non-alloy steel pipe from Mexico entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided for by section 751(a)(1) of the Act: (1) The cash 
deposit rate for the reviewed companies will be the rates for those 
firms as stated above; (2) for previously reviewed or investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate published for the most recent period; (3) if 
the exporter is not a firm covered in this review, or the original less 
than fair value (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 review, the 
cash deposit rate will be 32.62 percent. This is the ``all others'' 
rate from the LTFV investigation. These deposit 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) of the Department's regulations 
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

[[Page 37520]]

that reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306 of the Department's regulations. 
Timely written 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 this notice are in accordance with 
sections 751(a)(1) and 777(i)(1)of the Act.

    Dated: June 6, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix I---Issues in Decision Memorandum

Comments and Responses

TUNA

1. Cost of Production--Tolling Fees
2. Cost of Production--Major Input
3. Cost of Production--U.S. vs. Home Market costs
4. Export Price and Constructed Export Price Sales
5. Constructed Export Price Offset

Hylsa

1. Date of Sale
2. Sales to Employees
3. Export Price versus Constructed Export Price Sales
4. Inland Freight-Plant to Warehouse
5. Advertising Expenses
6. Inland Freight-Plant to Customer
7. Late Payment Interest
8. Warranty Expenses
9. Delivery Terms
10. U.S. Freight and Brokerage
11. Product Comparisons

[FR Doc. 00-15195 Filed 6-14-00; 8:45 am]
BILLING CODE 3510-DS-P