[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Notices]
[Pages 53562-53564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20903]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-503]


Iron Construction Castings from Canada: Notice of Final Results 
of Changed Circumstances Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 9, 2002, the Department of Commerce (the Department) 
published a notice of initiation and preliminary results of its changed 
circumstances review of the antidumping duty order on iron construction 
castings from Canada. See Notice of Initiation and Preliminary Results 
of Changed Circumstances Antidumping Duty Administrative

[[Page 53563]]

Review: Iron Construction Castings from Canada, 67 FR 45461 (July 9, 
2002) (Preliminary Results). We have now completed that review. For 
these final results, as in the Preliminary Results, we determine that 
during the period covered by the Department's 99-00 antidumping duty 
administrative review of the order on iron construction castings from 
Canada (March 1, 1999 through February 29, 2000), the Laperle, Grand 
Mere, and Bibby Ste-Croix foundries, which had been owned by various 
legal entities named as respondents in prior segments of this 
proceeding, were all unincorporated foundries owned by the same 
company, Canada Pipe Company Ltd.

EFFECTIVE DATE: August 16, 2002.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Howard Smith, AD/CVD 
Enforcement, Group II, Office 4, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-4081 
and (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise stated, 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 
to the regulations codified at 19 CFR Part 351 (April 2002).

Background

    On April 12, 2001, the Department published in the Federal Register 
(66 FR 18900) the final results of the antidumping duty administrative 
review on iron construction castings from Canada covering the period 
March 1, 1999 through February 29, 2000. Canada Pipe Company Ltd. (or 
Canada Pipe) was the sole respondent in the 99-00 administrative 
review. On May 10, 2002, Canada Pipe submitted a written request that 
the Department clarify for the U.S. Customs Service (possibly in the 
context of a changed circumstances review) that the weighted-average 
margin calculated in the 99-00 administrative review applies to Canada 
Pipe's unincorporated plants (or foundries) that have ``Bibby Ste-
Croix,'' ``Laperle,'' ``Grand Mere,'' or simply ``Bibby'' in their 
names.
    On July 9, 2002, the Department published a notice of initiation 
and preliminary results of its changed circumstances antidumping 
administrative review of the antidumping duty order on iron 
construction castings from Canada. See Preliminary Results. Interested 
parties were invited to comment on the preliminary results. On July 22, 
2002, Canada Pipe submitted comments. See the ``Comments'' section 
below. No other parties submitted comments.

Scope of Review

    The merchandise covered by this review consists of certain iron 
construction castings from Canada, limited to manhole covers, rings, 
and frames, catch basin grates and frames, cleanout covers and frames 
used for drainage or access purposes for public utility, water and 
sanitary systems, classifiable as heavy castings under Harmonized 
Tariff Schedule (HTS) item numbers 7325.10.0010, 7325.10.0020, and 
7325.10.0025\1\. The HTS item numbers are provided for convenience and 
Customs purposes only. The written description remains dispositive.
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    \1\ The scope reflects the HTS item numbers currently in effect.
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Final Results of Review

    Based on our analysis in the Preliminary Results, we find that 
during the 99-00 review period, the Laperle, Grand Mere, and Bibby Ste-
Croix foundries, which had been owned by various legal entities named 
as respondents in prior segments of this proceeding, were 
unincorporated foundries in the Bibby Ste-Croix Division of Canada Pipe 
Company Ltd. Moreover, we note that during the 99-00 antidumping duty 
administrative review of the order on iron construction castings from 
Canada, the Department reviewed sales of Canada Pipe Company Ltd., 
including its Bibby Ste-Croix Division. Thus, the antidumping duty 
deposit and assessment rates calculated in the 99-00 antidumping duty 
administrative review of Canada Pipe Company Ltd. should be applied to 
Canada Pipe Company Ltd, including its unincorporated foundries, 
Laperle, Grand Mere, and Bibby Ste-Croix.

Comment

    Canada Pipe notes that the June 24, 2002 memorandum from Holly A. 
Kuga to Bernard T. Carreau states that the Laperle foundry, Grand Mere 
foundry and the Bibby Ste-Croix foundry should receive the same cash 
deposit and assessment rates as Canada Pipe Company Ltd., however the 
Preliminary Results published in the Federal Register only address the 
cash deposit rate. Canada Pipe assumes that this omission was 
unintentional and urges the Department to clearly specify in the final 
results of this review that its finding applies both to cash deposit 
and assessment rates.

Department's Position

    We agree with Canada Pipe and will instruct the U.S. Customs 
Service that any assessment rate calculated for Canada Pipe Company 
Ltd. also applies to Canada Pipe Company Ltd.'s sales of subject 
merchandise produced by its Laperle, Grand Mere and Bibby Ste-Croix 
foundries.

Cash Deposit

    Because the Department reviewed sales of Canada Pipe, including its 
Bibby Ste-Croix Division, in the 99-00 administrative review, the cash 
deposit rate for Canada Pipe from that review will apply to all entries 
of subject merchandise (including Canada Pipe's sales of subject 
merchandise produced by its Laperle, Grand Mere, and Bibby Ste-Croix 
foundries) entered, or withdrawn from warehouse, for consumption on or 
after April 12, 2001, the date of publication of the final results in 
the 99-00 administrative review. This deposit rate, 3.89 percent,\2\ 
shall remain in effect until publication of the final results of the 
2000-2001 administrative review which is being published concurrently 
with this notice.
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    \2\ In the preliminary results of the changed circumstances 
review, we incorrectly stated that the cash deposit rate is 3.84 
percent.
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Assessment

    As noted above, the assessment rate calculated in the 99-00 
antidumping duty administrative review of Canada Pipe Company Ltd. 
should be applied to Canada Pipe Company Ltd. as well as its 
unincorporated foundries, Laperle, Grand Mere and Bibby St. Croix.

Notification

    This notice also serves as a final reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 352.305(a)(3). Timely notification of the 
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.
    These final results and notice are issued and published in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act and section 
351.216 of the Department's regulations.


[[Page 53564]]


    Dated: August 8, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-20903 Filed 8-15-02; 8:45 am]
BILLING CODE 3510-DS-S