[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Notices]
[Pages 57213-57215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22842]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-502]


Certain Iron Construction Castings from the People's Republic of 
China; Amended Final Results of Antidumping Duty Administrative Review 
in Accordance with Court Decision

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

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Review in accordance with Court Decision.

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SUMMARY: On September 10, 1999, the Court of International Trade 
affirmed the remand determination of the Department of Commerce (the 
Department) arising from the 1990-1991 administrative review of the 
antidumping duty order on certain iron construction castings from the 
People's Republic of China (PRC). See D & L Supply Co. v. United 
States, 6 F. Supp. 2d 914 (CIT 1998), aff'd Guangdong Metals & Minerals 
Import & Export Corporation v. United States, 217 F. Supp. 3d 851 (Fed. 
Cir. 1999) (unpublished opinion). As there is now a final and 
conclusive court decision in this segment, we will instruct the U.S. 
Customs Service to liquidate entries subject to these amended final 
results.

EFFECTIVE DATE: September 9, 2002

FOR FURTHER INFORMATION CONTACT: Christian Hughes, Doug Campau or 
Maureen Flannery, Antidumping/Countervailing Duty Enforcement, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C. 
20230; telephone (202) 482-0648, (202) 482-1395, and (202) 482-3020, 
respectively.

SUPPLEMENTARY INFORMATION:

Scope of Antidumping Duty Order

    This order covers certain iron construction castings, limited to 
manhole covers, rings and frames, catch

[[Page 57214]]

basins, grates and frames, cleanout covers and frames used for drainage 
or access purposes for public utility, water and sanitary systems, and 
to valve, service and meter boxes which are placed below ground to 
encase water, gas or other valves, or water or gas meters. The articles 
must be of cast iron, not alloyed, and not malleable. Until January 1, 
1989, iron construction castings were classified under items 657.0950 
and 657.0990 of the Tariff Schedules of the United States Annotated 
(TSUSA). This merchandise is currently classified under Harmonized 
Tariff System (HTS) items 7325.10.00.00 and 7325.10.00.50. The HTS and 
TSUSA item numbers are provided for convenience and Customs purposes. 
The written description remains dispositive of the scope of the order.

Background

    On May 9, 1986, the Department issued an antidumping duty order on 
iron construction castings from the PRC. See Antidumping Duty Order: 
Iron Construction Castings from the People's Republic of China, 51 FR 
17222 (May 9, 1986) (Antidumping Duty Order). On June 8, 1992, the 
Department published its final results of the fourth administrative 
review of iron construction castings, covering the 1990-1991 review 
period. See Certain Iron Construction Castings from the People's 
Republic of China; Final Results of Antidumping Duty Administrative 
Review, 57 FR 24245 (June 8, 1992) (Final Results).
    No PRC producer or exporter responded to the Department's 
questionnaires in this review. The Department based its determination 
entirely on the best information available (BIA), pursuant to 19 U.S.C. 
1677e(c) (1988). This BIA rate was assigned both as a separate rate for 
Guangdong Metals and Minerals Import and Export Corporation 
(Guangdong), which had previously been granted a separate rate, and as 
the PRC-wide rate applied to all other producers and exporters of the 
subject merchandise for the 1990-1991 review period. See Final Results.
    In accordance with its practice, for BIA the Department selected 
92.74 percent, the rate calculated during the third administrative 
review (1989-90) for Guangdong, and the highest calculated rate 
available for any company from the investigation of sales at less than 
fair value or any previous review. See Iron Construction Castings from 
the People's Republic of China; Final Results of Antidumping Duty 
Administrative Reviews, 57 FR 10644 (March 27, 1992). The Department's 
Final Results were appealed on two grounds that are relevant to these 
amended final results.
    First, importer Overseas Trade Corporation (Overseas) argued that 
its supplier, China National Machinery Import and Export Corporation 
(MACHIMPEX Liaoning), had no notice that it was subject to the review, 
and that its MACHIMPEX Liaoning entries should be assessed at the 11.66 
percent deposit rate that it had paid upon importation. The Court of 
International Trade agreed that under the circumstances of this case, 
MACHIPEX Liaoning could not be deemed within the scope of the review, 
and remanded for the Department to assess duties against MACHIMPEX 
Liaoning at the 11.66 percent deposit rate Overseas had paid upon 
importation. D & L Supply Co. v. United States, 841 F. Supp. 1312, 1316 
(CIT 1993). This issue was not further appealed. The Department is 
amending its Final Results to provide that Overseas' MACHIMPEX Liaoning 
entries for the 1990-91 review period will be liquidated at the 11.66 
percent deposit rate.
    Second, exporter Guangdong and a group of importers including D & L 
Supply Company argued that the Department erred in using the 1989-90 
rate for Guangdong as a BIA rate for the 1990-91 entries, because at 
the time of the Final Results, this rate was subject to judicial 
review. By the time the Court of International Trade issued its first 
decision on the 1990-91 Final Results, the 92.74 percent rate for 
Guangdong in the 1989-90 review had been overturned in Sigma Corp. v. 
United States, 841 F. Supp. 1275 (CIT 1993)). See D & L Supply Co. v. 
United States, 841 F. Supp. 1312, 1314 (CIT 1993). Because litigation 
in the 1990-91 review was not yet final, the Court also ordered the 
Department to reevaluate whether its choice of BIA for Guangdong and 
the PRC-wide entity in the 1990-91 review continued to be appropriate. 
Id. at 1317. On remand, the Department determined that, because the 
92.74 rate was a valid one when it was originally selected as BIA for 
the 1990-91 review, it was appropriate to continue to rely upon that 
rate. The Court of International Trade upheld that determination. D & L 
Supply Co. v. United States, 888 F. Supp. 1191 (CIT 1995).
    On May 8, 1997, however, the Court of Appeals for the Federal 
Circuit (CAFC) reversed this decision, holding that the Department must 
revise its BIA selection for the 1990-1991 review in favor of a rate 
which had not been invalidated at the time the BIA redetermination was 
issued. D & L Supply Co. v. United States, 113 F. 3d 1220 (Fed. Cir. 
1997) (D & L Supply). On July 8, 1997, in accordance with the decision 
of the Court of Appeals in D&L Supply, the Court of International Trade 
issued an order remanding the final results of the 1990-1991 review to 
the Department for selection of new BIA rates for Guangdong and the 
PRC-wide entity.
    On October 8, 1997, the Department released its Final Results of 
Redetermination Pursuant to Court Remand, D & L Supply Co. v. United 
States. Consol. Ct. No. 92-06-00424 (Remand Results) (October 8, 1997). 
Therein, the Department assigned to Guangdong and the PRC-wide entity 
the 25.52 percent petition rate, which reflected the overall average of 
the margins alleged in the petition, as BIA for the 1990-91 review 
period. See D & L Supply Co. v. United States, 6 F. Supp. 2d 914 (CIT 
1998) (affirming the Department's Remand Results and rejecting the 
theory that publication of a different investigation rate 
``invalidates'' petition rates). D & L Supply Co., U.V. International, 
Sigma Corporation, Southern Star, Inc., City Pipe & Foundry, Inc., and 
Long Beach Iron Works, Inc. (collectively, D & L) appealed that 
judgment. On September 10, 1999, the CAFC affirmed the lower Court's 
decision. Guangdong Metals & Minerals Import and Export Corp. v. United 
States, 217 F.3d 851 (Fed. Cir. 1999).
    There is now a final and conclusive court decision in this action. 
We are amending our Final Results for the period May 1, 1990 through 
April 30, 1991. The rates for these amended final results, which are 
the rates upheld by the Court of International Trade and the CAFC upon 
remand, are:

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                  Period of Review                        Manufacturer/exporter            Margin(percent)
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5/1/1990-4/30/1991..................................   Guangdong Metals & Minerals                         25.52
                                                       Import & Export Corporation

[[Page 57215]]

 
5/1/1990-4/30/1991..................................                PRC-wide rate*                         25.52
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 * As explained above, the Court of International Trade determined that China National Machinery Import and
  Export Corporation (MACHIMPEX Liaoning) is not within the scope of review for the 1990-91 period of review.
  Duties for Overseas Trade Corporation (Overseas) imports from MACHIMPEX Liaoning are to be assessed at the
  11.66 percent deposit rate that Overseas paid upon importation, rather than at the PRC-wide rate.

    Accordingly, the Department will determine, and the Customs Service 
will assess, antidumping duties on all entries of subject merchandise 
in accordance with these amended final results. The Department will 
issue appraisement instructions directly to Customs. Because the 1990-
91 review is the most recent proceeding in which exports by Guangdong 
have been reviewed, upon publication of these amended final results of 
review, a cash deposit rate of 25.52 percent for exports by Guangdong 
will be effective for all shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by Sec. 751(a) of the Tariff Act of 1930, as amended 
(the Tariff Act). These results do not affect the PRC-wide cash deposit 
rate currently in effect (which also applies to MACHIMPEX Liaoning), 
which continues to be based on the margins found to exist in the most 
recently completed review. (See Iron Construction Castings from the 
People's Republic of China; Final Results of Antidumping Administrative 
Review, 60 FR 51454 (October 2, 1995).)
    This notice is published in accordance with Sec. 751(a)(1) of the 
Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.221.

    Dated: August 29, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-22842 Filed 9-6-02; 8:45 am]
BILLING CODE 3510-DS-S