[Federal Register Volume 65, Number 249 (Wednesday, December 27, 2000)]
[Notices]
[Pages 81830-81831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32981]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-828]


Notice of Final Determination of Sales at Less Than Fair Value: 
Stainless Steel Butt-Weld Pipe Fittings From Italy

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

EFFECTIVE DATE: December 27, 2000.

FOR FURTHER INFORMATION CONTACT: Helen Kramer or Nancy Decker at (202) 
482-0405 and (202) 482-0196, respectively, Import Administration, 
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 are to the regulations at 19 CFR Part 351 
(2000).

Final Determination

    We determine that stainless steel butt-weld pipe fittings (``pipe 
fittings'') from Italy are being, or are likely to be, sold in the 
United States at less than fair value (``LTFV''), as provided in 
section 735 of the Act. The estimated margin of sales at LTFV is shown 
in the ``Continuation of Suspension of Liquidation'' section of this 
notice.

Case History

    The preliminary determination in this investigation was published 
on August 2, 2000. See Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Stainless Steel Butt-Weld Pipe Fittings from 
Italy, 65 FR 47388 (August 2, 2000) (``Preliminary Determination''). 
The investigation covers one manufacturer/exporter, Coprosider S.p.A. 
(``Coprosider'').
    The Department verified Coprosider's responses to the antidumping 
questionnaire from September 11-15, 2000 (sales verification) and from 
September 18-22, 2000 (cost verification). We invited parties to 
comment on our Preliminary Determination. Based on our analysis of the 
comments received, we have made changes in the margin calculation. 
Therefore, the final determination differs from the preliminary 
determination.

Period of Investigation

    The Period of Investigation (``POI'') is October 1, 1998 through 
September 30, 1999.

Scope of Investigation

    For purposes of this investigation, the product covered is certain 
stainless steel butt-weld pipe fittings. Pipe fittings are under 14 
inches in outside diameter (based on nominal pipe size), whether 
finished or unfinished. The product encompasses all grades of stainless 
steel and ``commodity'' and ``specialty'' fittings. Specifically 
excluded from the definition are threaded, grooved, and bolted 
fittings, and fittings made from any material other than stainless 
steel.
    The fittings subject to this investigation are generally designated 
under specification ASTM A403/A403M, the standard specification for 
Wrought Austenitic Stainless Steel Piping Fittings, or its foreign 
equivalents (e.g., DIN or JIS specifications). This specification 
covers two general classes of fittings, WP and CR, of wrought 
austenitic stainless steel fittings of seamless and welded construction 
covered by the latest revision of ANSI B16.9, ANSI B16.11, and ANSI 
B16.28. Pipe fittings manufactured to specification ASTM A774, or its 
foreign equivalents, are also covered by this investigation.
    This investigation does not apply to cast fittings. Cast austenitic 
stainless steel pipe fittings are covered by specifications A351/A351M, 
A743/743M, and A744/A744M.
    The stainless steel butt-weld pipe fittings subject to this 
investigation are currently classifiable under subheading 7307.23.0000 
of the Harmonized Tariff Schedule of the United States (HTSUS). 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this investigation is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the ``Issues and Decision 
Memorandum for the Final Determination in the Antidumping Duty 
Investigation of Stainless Steel Butt-weld Pipe Fittings from Italy'' 
(``Decision Memorandum'') from Joseph A. Spetrini, Deputy Assistant 
Secretary, Enforcement Group III, to Troy H. Cribb, Assistant Secretary 
for Import Administration, dated December 15, 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 investigation and 
the corresponding recommendations in the public memorandum which is on 
file in the Central Records Unit, Room B-099 of the main Department 
building. In addition, the Decision Memorandum can be accessed directly 
on the Web at http://ia.ita.doc.gov/. The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Determination

    Based on our corrections to Coprosider's reported cost of 
production, findings at verification and analysis of comments received, 
we have made certain changes in the margin calculations. We have also 
corrected certain programming and clerical errors in our preliminary 
determination. These changes are discussed in the relevant sections of 
the Decision Memorandum.

Final Critical Circumstances Determination

    As set forth in our Decision Memorandum, because the importer 
knowledge of dumping criterion (i.e., margins of 25 percent or more for 
export price sales) necessary to find critical circumstances continues 
to be met with respect to Coprosider, the Department affirms, for the 
purposes of this final determination, that critical circumstances exist 
for imports of pipe fittings from Coprosider.

[[Page 81831]]

Continuation of Suspension of Liquidation

    We are directing the Customs Service to continue to suspend 
liquidation of entries of subject merchandise from Coprosider that are 
entered, or withdrawn from warehouse, for consumption on or after May 
4, 2000, and to continue to suspend liquidatation of any imports from 
other companies of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after August 2, 2000. We will instruct 
the Customs Service to require a cash deposit or the posting of a bond 
equal to the weighted-average amount by which the normal value exceeds 
the U.S. price, as indicated in the chart below. These suspension-of-
liquidation instructions will remain in effect until further notice.
    The margins in the final determination are as follows:

------------------------------------------------------------------------
                                                                Margin
                                                              (Percent)
------------------------------------------------------------------------
Exporter/Manufacturer:
    Coprosider.............................................        26.59
    All Others.............................................        26.59
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of our determination. As our 
final determination is 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 
Customs officials to assess antidumping duties on all imports of the 
subject merchandise entered for consumption on or after the effective 
date of the suspension of liquidation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: December 15, 2000.
Troy H. Cribb,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments and Responses

1 Cost of Production
    A. Combining Costs of the Affiliated Suppliers/Major Input Rule
    B. Facts Available
    C. Selling, General and Administrative Expenses
    D. Financial Expenses
2 Level of Trade
3 Usual Commercial Quantities and Ordinary Course of Trade
4 Circumstance-of-Sale Adjustment-Imputed Credit Expenses
5 U.S. Movement Expenses
6 Indirect Selling Expenses (ISE)
7 Ministerial Error
8 Critical Circumstances
9 Miscellaneous Issues
    A. Model Match
    B. Sample Sales and Sales to Affiliated Party
    C. Correction of Errors Found At Verification
    D. Use of Updated Cost Data
[FR Doc. 00-32981 Filed 12-26-00; 8:45 am]
BILLING CODE 3510-DS-P