[Federal Register Volume 66, Number 204 (Monday, October 22, 2001)]
[Notices]
[Pages 53388-53389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26549]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Certain Welded Carbon Steel Pipes and Tubes From Thailand: 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: certain welded carbon steel pipes and tubes from Thailand.

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SUMMARY: On April 12, 2001, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of its administrative review of the antidumping duty order on certain 
welded carbon steel pipes and tubes from Thailand (66 FR 18901). The 
review covers Saha Thai Steel Pipe Company, Ltd. (``Saha Thai''), a 
manufacturer/exporter of the subject merchandise. The period of review 
is March 1, 1999 through February 29, 2000.
    Based on our analysis of the comments received, the final results 
differ from the preliminary results of review. The final weighted-
average dumping margin for the reviewed firm is listed below in the 
section entitled ``Final Results of the Review.''

EFFECTIVE DATE: October 22, 2001.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Sally Gannon, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, Washington, DC 20230; telephone: (202) 482-2243 
and (202) 482-0162, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the Tariff Act of 1930 (``the Act''), as amended, 
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 to the regulations codified at 19 CFR Part 351 (2000).

Background

    On April 12, 2001, the Department published its preliminary results 
in this administrative review. See Certain Welded Carbon Steel Pipes 
and Tubes From Thailand: Preliminary Results of Antidumping Duty 
Administrative Review, 66 FR 18901 (April 12, 2001). We invited parties 
to comment on the preliminary results. After the preliminary results 
were issued, the Department verified Saha Thai's sales and cost data 
from June 4 through 13, 2001. On August 15, 2001, we extended the time 
limit for the final results of this review until no later than October 
9, 2001. See Notice of Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review: Certain Welded Carbon Steel 
Pipes and Tubes From Thailand, 66 FR 42840(August 15, 2001). The 
petitioners, Allied Tube & Conduit Corporation and Wheatland Tube Co., 
submitted a timely case brief on September 13, 2001, and the respondent 
submitted a timely rebuttal brief on September 17, 2001.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of the Antidumping Order

    The products covered by this antidumping order are certain welded 
carbon steel pipes and tubes from Thailand. The subject merchandise has 
an outside diameter of 0.375 inches or more, but not exceeding 16 
inches. These products, which are commonly referred to in the industry 
as ``standard pipe'' or ``structural tubing,'' are hereinafter 
designated as ``pipe and tube.'' The merchandise is classifiable under 
the Harmonized Tariff Schedule of the United States (HTSUS) item 
numbers 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, and 7306.30.5090. Although the HTSUS 
subheadings are provided for convenience and Customs purposes, our 
written description of the scope of the order 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''

[[Page 53389]]

(``Decision Memorandum'') from Joseph A. Spetrini, Deputy Assistant 
Secretary, AD/CVD Enforcement Group III, to Faryar Shirzad, Assistant 
Secretary for Import Administration, dated October 9, 2001, 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 http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on verification and our analysis of comments received and of 
the database calculations, we have changed our results from the 
preliminary results of review. For the final results of review, duty 
drawback has been adjusted to reflect the decisions the Department has 
reached for the final results. These changes are discussed in the 
relevant sections of the Decision Memorandum. In addition, minor 
corrections from verification by the Department resulted in revisions 
to: the gross unit price for certain U.S. invoices; the brokerage 
amounts for certain invoices; the indirect selling expenses; the home 
market credit; the packing expense; the U.S. and home market interest 
rates, and any calculations using these rates; and other miscellaneous 
expenses for some sales.

Final Results of Review

    We determine that the following weighted-average percentage margin 
exists for the period March 1, 1999, through February 29, 2000:

------------------------------------------------------------------------
                                                               Margin
              Manufacturer/exporter/reseller                  (percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe Company, Ltd.........................         1.92
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. The Department will 
issue appraisement instructions directly to the Customs Service. In 
accordance with 19 CFR 351.212(b), we have calculated exporter/
importer-specific assessment rates. We divided the total dumping 
margins for the reviewed sales by the entered value of those reviewed 
sales for Saha Thai. We will direct Customs to assess the resulting 
percentage margins against the entered value for the subject 
merchandise on each of Saha Thai's entries during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of certain welded carbon steel pipes and tubes from 
Thailand entered, or withdrawn from warehouse, for consumption on or 
after the date of publication, as provided by section 751(a)(1) of the 
Act: (1) The cash deposit rate for Saha Thai will be the rate shown 
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, a prior 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 these or any 
previous reviews conducted by the Department, the cash deposit rate 
will be the ``all others'' rate established in the original LTFV 
investigation, which is 15.67 percent. These deposit requirements shall 
remain in effect until publication of the final results of the next 
administrative review.
    The cash deposit rate has been determined on the basis of the 
selling price to the first unaffiliated U.S. customer.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: October 9, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix 1--Issues in Decision Memorandum

Comments and Responses

1. Duty Reimbursement
2. Theoretical Conversion Factor
3. Duty Drawback

[FR Doc. 01-26549 Filed 10-19-01; 8:45 am]
BILLING CODE 3510-DS-P