[Federal Register Volume 66, Number 37 (Friday, February 23, 2001)]
[Notices]
[Pages 11257-11258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4540]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-828, A-557-809, A-565-801]


Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe Fittings 
From Italy, Malaysia, and the Philippines

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

ACTION: Notice of antidumping duty orders.

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EFFECTIVE DATE: February 23, 2001.

FOR FURTHER INFORMATION CONTACT: Helen Kramer (Italy) at (202) 482-
0405, Juanita Chen (Malaysia) at (202) 482-0409, or Fred Baker 
(Philippines) at (202) 482-2924, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Tariff Act) are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Tariff Act by the Uruguay Round Agreements Act (URAA). In addition, 
unless otherwise indicated, all references to the Department of 
Commerce's (the Department's) regulations are to 19 CFR Part 351 
(1999).

Scope of Investigation

    For purposes of these orders, the product covered is certain 
stainless steel butt-weld pipe fittings (butt-weld fittings). Butt-weld 
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

[[Page 11258]]

definition are threaded, grooved, and bolted fittings, and fittings 
made from any material other than stainless steel.
    The butt-weld fittings subject to these orders 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. Butt-weld fittings manufactured to specification ASTM 
A774, or its foreign equivalents, are also covered by these orders.
    These orders do not apply to cast fittings. Cast austenitic 
stainless steel pipe fittings are covered by specifications A351/A351M, 
A743/743M, and A744/A744M.
    The butt-weld fittings subject to these orders 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 these orders is dispositive.

Antidumping Duty Orders

    In accordance with section 735(a) of the Tariff Act, the Department 
made its final determinations that stainless steel butt-weld pipe 
fittings from Italy, Malaysia, and the Philippines are being sold at 
less than fair value. (See Notice of Final Determination of Sales at 
Less Than Fair Value: Stainless Steel Butt-Weld Pipe Fittings, 65 FR 
81823 (Philippines), 81825 (Malaysia), 81830 (Italy) (December 27, 
2000)).\1\ On January 29, 2001, the International Trade Commission (the 
Commission) notified the Department of its final determination pursuant 
to section 735(b)(1)(A)(i) of the Tariff Act that an industry in the 
United States is materially injured by reason of less-than-fair-value 
imports of subject merchandise from Italy, Malaysia, and the 
Philippines. Therefore, in accordance with section 736(a)(1) of the 
Tariff Act, the Department will direct Customs officers to assess, upon 
further advice by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price (or constructed export price) of the merchandise for all relevant 
entries of stainless steel butt-weld pipe fittings from Italy, 
Malaysia, and the Philippines. These antidumping duties will be 
assessed on all unliquidated entries of stainless steel pipe fittings 
from Italy and the Philippines, entered, or withdrawn from warehouse, 
for consumption on or after August 2, 2000, the date on which the 
Department published its notices of preliminary determination for those 
countries in the Federal Register (65 FR 47388 (Italy) and 47393 
(Philippines)). With respect to Malaysia, because the Department made a 
finding of sales at not less than fair value in the preliminary 
determination, antidumping duties will be assessed on all unliquidated 
entries of stainless steel pipe fittings entered, or withdrawn from 
warehouse, for consumption on or after December 27, 2000, the date on 
which the Department published its notice of an affirmative final 
determination in the Federal Register (65 FR 81825). Customs officers 
must require, at the same time as importers would normally deposit 
estimated duties on this merchandise, a cash deposit equal to the 
estimated weighted-average antidumping duty margins as noted below. The 
``All Others'' rates apply to all exporters of subject stainless steel 
butt-weld pipe fittings not specifically listed. The weighted-average 
dumping margins are as follows:
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    \1\ We received ministerial error allegations with respect to 
the final determinations for Malaysia and the Philippines. On 
December 28, 2000, Kanzen Tetsu Sdn. Bhd. (respondent in the 
Malaysian investigation) and on January 2, 2001, Tung Fong 
Industrial Co., Inc. (respondent in the Philippines investigation) 
submitted ministerial error allegations. However, the Department 
found that these allegations either did not fall within the 
statutory or regulatory definition of ministerial error or no longer 
needed correction. See memoranda to the file dated January 17, 2001 
(with respect to Malaysia) and January 30, 2001 (with respect to the 
Philippines). See also section 735(e) of the Tariff Act and 19 CFR 
351.224(f).

------------------------------------------------------------------------
                                                                Margin
                   Exporter/manufacturer                      percentage
------------------------------------------------------------------------
Italy
  Coprosider S.p.A.........................................        26.59
  All Others...............................................        26.59
Malaysia
  Kanzen Tetsu Sdn. Bhd....................................         7.51
All Others                                                          7.51
Philippines
  Enlin Steel Corporation..................................        33.81
  Tung Fong Industrial Co., Inc............................        33.81
  All Others...............................................        33.81
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    This notice constitutes the antidumping duty orders with respect to 
stainless steel butt-weld pipe fittings from Italy, Malaysia, and the 
Philippines. Interested parties may contact the Department's Central 
Records Unit, room B-099 of the main Commerce building, for copies of 
an updated list of antidumping duty orders currently in effect.
    These orders are published in accordance with section 736(a) of the 
Tariff Act of 1930, as amended. Effective January 20, 2001, Bernard T. 
Carreau is fulfilling the duties of the Assistant Secretary for Import 
Administration.

    Dated: February 6, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, AD/CVD Enforcement II.
[FR Doc. 01-4540 Filed 2-22-01; 8:45 am]
BILLING CODE 3510-DS-P