[Federal Register Volume 66, Number 246 (Friday, December 21, 2001)]
[Notices]
[Pages 65899-65901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31399]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-816]


Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan: 
Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of final results in the antidumping duty administrative 
review of certain stainless steel butt-weld pipe fittings from Taiwan.

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SUMMARY: On July 12, 2001, the Department of Commerce (``Department'') 
published the preliminary results of the administrative review of the 
antidumping duty order on certain stainless steel butt-weld pipe 
fittings from Taiwan. This review covers one manufacturer/exporter of 
the subject merchandise. The period of review (``POR'') is June 1, 1999 
through May 31, 2000.
    We gave interested parties an opportunity to comment on the 
preliminary results. Based upon our analysis of the comments received, 
we have made changes in the margin calculation. Therefore, the final 
results differ from the preliminary results of this review. The final 
weighted-average dumping margin is listed below in the section titled 
``Final Results of the Review.''

EFFECTIVE DATE: December 21, 2001.

FOR FURTHER INFORMATION CONTACT: James C. Doyle or Alex Villanueva, 
Enforcement Group III, Office 9, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue, NW., Washington, DC 20230, telephone 202-482-0159 (Doyle) or 
202-482-6412 (Villanueva), fax 202-482-1388.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 1930 
(``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 to the 
regulations at 19 CFR part 351 (2000).

Background

    On June 16, 1993, the Department published the antidumping duty 
order on certain stainless steel butt-weld pipe fittings from Taiwan. 
See Certain Welded Stainless Steel Butt-Weld Pipe Fittings From Taiwan: 
Final Determination and Antidumping Order, 58 FR 33250 (June 16, 1993). 
On June 20, 2000, we published in the Federal Register a notice of 
opportunity to request an administrative review of the antidumping duty 
order on certain stainless steel butt-weld pipe fittings from Taiwan 
covering the period June 1, 1999 through May 31, 2000. See Notice of 
Opportunity to Request Administrative Review of Antidumping or 
Countervailing Duty Order, Finding, Or Suspended Investigation 65 FR 
38242 (June 20, 2000). On June 20, 2000, respondent, Ta Chen Stainless 
Steel Pipe Ltd., (``Ta Chen''), requested that the Department conduct 
an administrative review of Ta Chen for the period of June 1, 1999 
through May 31, 2000. On June 30, 2000, Markovitz Enterprises, Inc. 
(Flowline Division), Alloy Piping Products Inc., Gerlin, Inc., and 
Taylor Forge, (collectively, ``Petitioners'') requested that the 
Department conduct an administrative review of Ta Chen for the period 
of June 1, 1999 through May 31, 2000. On July 31, 2000, in accordance 
with section 751(a) of the Act, the Department published a notice of 
initiation of this antidumping duty administrative review for the 
period of June 1, 1999 through May 31, 2000. See Notice of Initiation 
of Antidumping or Countervailing Duty Administrative Reviews and 
Requests for Revocation in Part, 65 FR 46687 (July 31, 2000). On July 
12, 2001, the Department published the preliminary results of the 
administrative review in the Federal Register. See Certain Stainless 
Steel Butt-Weld Pipe Fittings from Taiwan: Preliminary Results of 
Antidumping Duty Administrative Review, 66 FR 36555 (July 12, 2001) 
(``Preliminary Results''). We gave interested parties an opportunity to 
comment on our Preliminary Results. Ta Chen and Petitioners filed 
briefs on August 21, 2001. On August 27, 2001, Ta Chen and Petitioners 
filed rebuttal briefs. No hearing was requested or held. The date for 
issuing the final results of the review was November 9, 2001. Because 
of complex issues in this proceeding, the Department extended the time 
limit for the final results by 30 days in accordance with section 751 
(a)(3)(A) of the Act. See Notice of Extension of Final Results of 
Antidumping Duty Review: Certain Stainless Steel Butt-Weld Pipe 
Fittings from Taiwan, 66 FR 55639 (November 2, 2001). The date for 
issuing the final results was moved from November 9, 2001 to December 
10, 2001. The Department has conducted and completed the administrative 
review in accordance with section 751 of the Act.

Scope of the Review

    The merchandise subject to this administrative review is certain 
stainless steel butt-weld pipe fittings (``SSBWPF'') whether finished 
or unfinished, under 14 inches inside diameter. Certain SSBWPF are used 
to connect pipe sections in piping systems where conditions require 
welded connections. The subject merchandise is used where one or more 
of the following conditions is a factor in designing the piping system: 
(1) Corrosion of the piping system will occur if material other than 
stainless steel is used; (2) contamination of the material in the 
system by the system itself must be prevented; (3) high temperatures 
are present; (4) extreme low temperatures are present; and (5) high 
pressures are contained within the system.
    Pipe fittings come in a variety of shapes, with the following five 
shapes the most basic: ``elbows'', ``tees'', ``reducers'', ``stub-
ends'', and ``caps.'' The edges of finished pipe fittings are beveled. 
Threaded, grooved, and bolted fittings are excluded from this review. 
The pipe fittings subject to this review are classifiable under 
subheading 7307.23.00 of the Harmonized Tariff Schedule of the United 
States (``HTSUS'').
    Although the HTSUS subheading is provided for convenience and 
customs purposes, our written description of the scope of the review is 
dispositive. Pipe fittings manufactured to American Society of Testing 
and Materials specification A774 are included in the scope of this 
order.
    During this administrative review, the Department received a scope 
ruling request on April 12, 2001 and in accordance with 19 CFR 
351.225(k)(2) from Allegheny Bradford Corporation d/b/a Top Line 
Process Equipment Company (``Top Line''), for a scope ruling on whether 
stainless steel butt-

[[Page 65900]]

weld tube fittings it plans to import are covered by the antidumping 
duty order on stainless steel butt-weld pipe fittings from Taiwan. On 
November 15, 2001, the Department issued its preliminary scope ruling. 
See Memorandum from Edward C. Yang, Director, Enforcement, Group III, 
Office 9, to Joseph A. Spetrini, Deputy Assistant Secretary for Import 
Administration, Group III: Preliminary Scope Ruling on the Antidumping 
Duty Order on Stainless Steel Butt-Weld Pipe Fittings: Allegheny 
Bradford Corporation d/b/a Top Line Process Equipment (``Preliminary 
Scope Ruling''), dated November 15, 2001, which is on file at the U.S. 
Department of Commerce, in the Central Records Unit, in room B-099. We 
gave interested parties an opportunity to comment on our Preliminary 
Scope Ruling. Top Line and Petitioners filed briefs on November 21, 
2001. On November 26, 2001, Top Line and Petitioners filed rebuttal 
briefs. On December 10, 2001, the Department issued its final scope 
ruling that Top Line's stainless steel butt-weld tube fittings are 
within the scope of the Order. See Memorandum from Edward C. Yang, 
Director, Enforcement, Group III, Office 9, to Joseph A. Spetrini, 
Deputy Assistant Secretary for Import Administration, Group III: Final 
Scope Ruling on the Antidumping Duty Order on Stainless Steel Butt-Weld 
Pipe Fittings: Allegheny Bradford Corporation d/b/a Top Line Process 
Equipment, dated December 10, 2001, which is also on file at the U.S. 
Department of Commerce, in the Central Records Unit, in room B-099.

Analysis of Comments Received

    All issues raised in the case briefs, as well as the Department's 
findings, in this administrative review are addressed in the Issues and 
Decision Memorandum for the Administrative Review of Certain Stainless 
Steel Butt-Weld Pipe Fittings from Taiwan: June 1, 1999, through May 
31, 2000 from Joseph A. Spetrini, Deputy Assistant Secretary, Import 
Administration, to Faryar Shirzad, Assistant Secretary for Import 
Administration (``Decision Memorandum''), dated December 10, 2001, 
which is hereby adopted by this notice. A list of the issues raised and 
to which we have responded, all of which are in the Decision 
Memorandum, and a list of our changes, 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 at the U.S. Department of Commerce, in the 
Central Records Unit, in room B-099. In addition, a complete version of 
the Decision Memorandum can be accessed directly on the Web at 
www.ia.ita.doc.gov. The paper copy and electronic version of the public 
version of the Decision Memorandum are identical in content.

Sales Below Cost in the Home Market

    As discussed in more detail in the Preliminary Results, the 
Department disregarded home market below-cost sales that failed the 
cost test in the final results of review.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes in the margin calculation, as discussed in the Decision 
Memorandum, accessible in B-099. 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 Appendix I.

Final Results of the Review

    We determine that the following percentage weighted-average margin 
exists for the period June 1, 1999 through May 31, 2000:

                   Certain Welded Stainless Steel Pipe
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
               Producer/manufacturer/exporter                   margin
                                                              (percent)
------------------------------------------------------------------------
Ta Chen....................................................         6.11
------------------------------------------------------------------------

    The Department shall determine, and the U.S. Customs Service 
(``Customs'') shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b), we have calculated 
importer-specific assessment rates. With respect to the constructed 
export price sales, we divided the total dumping margins for the 
reviewed sales by the total entered value of those reviewed sales for 
each importer. We will direct Customs to assess any resulting non-de 
minimis percentage margins against the entered Customs values for the 
subject merchandise on each of that importer'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 SSBWPF from Taiwan 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 
Ta Chen 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) the cash deposit rate for all other 
manufacturers shall continue to be 51.01 percent.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') 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: December 10, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

Discussion of the Issues

Comment 1: Intra-Warehouse Transfer Expenses
Comment 2: Level of Trade (``LOT'')/CEP Offset
Comment 3: CEP Profit
Comment 4: CEP Sales Expenses
Comment 5: U.S. Short-Term Interest Rate
Comment 6: U.S. Inventory Carrying Period
Comment 7: U.S. Indirect Selling Expenses
Comment 8: United States Indirect Selling Expenses
Comment 9: General and Administrative

[[Page 65901]]

Expenses
Comment 10: Reclassification of EP sales to CEP sales

[FR Doc. 01-31399 Filed 12-20-01; 8:45 am]
BILLING CODE 3510-DS-P