[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Notices]
[Pages 53564-53565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20904]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-503]


Iron Construction Castings from Canada: Notice of 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.

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SUMMARY: On April 10, 2002, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on iron construction castings (ICC) from Canada 
(67 FR 17358). This review covers one manufacturer/exporter of the 
subject merchandise, Canada Pipe Company, Ltd. The period of review 
(POR) is March 1, 2000, through February 28, 2001.
    Based on our analysis of the comments received, we have made no 
changes in the margin calculation. The final weighted-average dumping 
margin for the reviewed firm is listed below in the section entitled, 
``Final Results of Review.''

EFFECTIVE DATE: August 16, 2002.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Howard Smith, Office 
of AD/CVD Enforcement, Office 4, Group II, 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:

The Applicable Statute

    Unless otherwise indicated, 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 19 CFR Part 351 (April 2002).

Background

    On April 10, 2002, the Department published in the Federal Register 
the preliminary results of the administrative review of the antidumping 
duty order on ICC from Canada. See Notice of Preliminary Results of 
Antidumping Duty Administrative Review: Iron Construction Castings from 
Canada, 67 FR 17358 (April 10, 2002).
    In response to the Department's invitation to comment on the 
preliminary results of this review, Canada Pipe Company, Ltd. (Canada 
Pipe or respondent) filed its case brief on May 10, 2002. No other 
interested parties filed case or rebuttal briefs.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

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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Period of Review

    The POR is March 1, 2000, to February 28, 2001.

Analysis of Comments Received

    All issues raised in the case briefs filed by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Bernard T. Carreau, Deputy 
Assistant Secretary for Import Administration, Group II, to Faryar 
Shirzad, Assistant Secretary for Import Administration, dated August 8, 
2002, 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. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made no changes 
in the margin calculation.

Final Results of Review

    We determine that the following weighted-average percentage margin 
exists for the period March 1, 2000, through February 28, 2001:

------------------------------------------------------------------------
                Manufacturer/Exporter                    Percent Margin
------------------------------------------------------------------------
Canada Pipe Company, Ltd.............................       1.43 percent
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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 ICC from Canada 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 
Canada Pipe Company, Ltd.\2\ will be the rate shown above; (2) for 
previously reviewed or investigated companies not covered in this 
review, the cash deposit rate will continue to be the company-specific 
rate published for the most recent period; (3) if merchandise is 
exported by a firm other than the manufacturer and the exporter is not 
a firm covered in this review, prior reviews, 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 or exporters will be 7.5 percent, the 
``all-others'' rate established in the LTFV investigation\3\. These 
deposit requirements, when imposed, shall remain in effect until 
publication of the final results of administrative review for a 
subsequent review period.
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    \2\ As noted in the accompanying Decision Memorandum, the cash 
deposit rate calculated for Canada Pipe Company, Ltd. in this 
administrative review applies to Canada Pipe Company, Ltd., 
including its unincorporated foundries, Laperle, Grand Mere, and 
Bibby Ste-Croix.
    \3\ The ``all others'' rate was incorrectly identified as 14.67 
percent in both the preliminary results of this review (67 FR 17358) 
and the preliminary results of the review covering the period March 
1, 1999 through February 29, 2000 (65 FR 76609).
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Assessment

    The Department shall determine, and the U.S. Customs Service 
(Customs)

[[Page 53565]]

shall assess, antidumping duties on all appropriate entries. In 
accordance with 19 CFR 351.212(b)(1), we have calculated importer-
specific assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the importer-specific sales to the 
total entered value of the same sales. Where the assessment rate is 
above de minimis, we will instruct Customs to assess duties on all 
entries of subject merchandise by that importer. The Department will 
issue appraisement instructions directly to Customs.\4\
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    \4\ These assessment instructions apply to Canada Pipe Company, 
Ltd. including its unincorporated foundries, Laperle, Grand Mere, 
and Bibby Ste-Croix.
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Reimbursement of Duties

    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 double antidumping duties.

Notification

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. 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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: August 8, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix Issues in Decision Memorandum

Comments
1. Negative Dumping Margins
2. Application of Cash Deposit and Assessment Rates
[FR Doc. 02-20904 Filed 8-15-02; 8:45 am]
BILLING CODE 3510-DS-S