[Federal Register Volume 67, Number 175 (Tuesday, September 10, 2002)]
[Notices]
[Pages 57388-57393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22995]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-805]


Certain Small Diameter Carbon and Alloy Seamless Standard, Line 
and Pressure Pipe From Romania: Preliminary Results of Antidumping Duty 
Administrative Review and Postponement of Final Results

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request by S.C. Silcotub S.A. (Silcotub), a 
producer/exporter of subject merchandise, the Department of Commerce 
(the Department) is conducting an administrative review of the 
antidumping duty order on certain small diameter carbon and alloy 
seamless standard, line and pressure pipe (seamless pipe) from Romania. 
The period of review (POR) is February 4, 2000, through July 31, 2001.
    We preliminarily find that sales have not been made below normal 
value (NV). If these preliminary results are adopted in our final 
results of administrative review, we will instruct the U.S. Customs 
Service to assess no antidumping duties on the subject merchandise 
exported by Silcotub and entered during the POR.
    The Department also is now conducting an inquiry into Romania's 
status as a nonmarket economy country under section 771(18)(C)(ii) of 
the Tariff Act of 1930, as amended.

EFFECTIVE DATE: September 10, 2002.

FOR FURTHER INFORMATION CONTACT: Magd Zalok, Tisha Loeper-Viti, or 
Martin Claessens, Group II, Office 5, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-4162, (202) 482-07425, or (202) 482-5451, respectively.
    For further information regarding the analysis of Romania's 
nonmarket economy country status under the antidumping and 
countervailing duty laws, contact George Smolik or Lawrence Norton at 
(202) 482-1843 and (202) 482-1579, 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 of Commerce (the 
Department) regulations are to the regulations at 19 CFR Part 351 
(2001).

Case History

    On August 10, 2000, the Department published an antidumping duty 
order on certain small diameter carbon and alloy seamless standard, 
line and pressure pipe from Romania. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Certain Small Diameter Carbon and Alloy Seamless Standard, Line 
and Pressure Pipe From Romania, 65 FR 48963 (August 10, 2000) (Amended 
Final Determination). On August 1, 2001, the Department published in 
the Federal Register a notice of opportunity to request administrative 
review of antidumping or countervailing duty order, finding or 
suspended investigation. See Notice of Opportunity to Request 
Administrative Review of Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation, 66 FR 39729 (August 1, 2001). On 
August 30, 2001, Silcotub requested an administrative review of the 
antidumping duty order on seamless pipe from Romania. On October 1, 
2001, the Department initiated the current administrative review. See 
Notice of Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 66 FR 49924 
(October 1, 2001). Since the initiation of this administrative review, 
the following events have occurred:
    On October 18, 2001, we issued an antidumping questionnaire to 
Silcotub. We received the questionnaire responses from Silcotub on 
November 15 and December 7, 2001. We issued supplemental questionnaires 
on December 13, 2001, January 10 and April 5, 2002, to which we 
received responses on January 10, January 31, and April 19, 2002, 
respectively.
    On May 8, 2002, the Department extended the time limit for 
completion of these preliminary results until no later than May 24, 
2002. See Certain Small Diameter Carbon and Alloy Seamless Standard, 
Line and Pressure Pipe from Romania: Extension of Preliminary Results 
of Antidumping Duty Administrative Review, 67 FR 30874 (May 8, 2002).
    On May 28, 2002, the Department determined that additional time was 
necessary to consider the proper surrogate valuation of the factors of 
production and also to consider a request from the Romanian Ministry of 
Foreign Affairs, submitted to the

[[Page 57389]]

Department on May 10, 2002, to revoke Romania's nonmarket economy 
status. As such, it was not possible for the Department to complete the 
preliminary analysis in this review by May 24, 2002. Therefore, the 
Department fully extended the time limit for completion of the 
preliminary results until no later than September 3, 2002. See Certain 
Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure 
Pipe from Romania: Extension of Preliminary Results of Antidumping Duty 
Administrative Review, 67 FR 36856 (May 28, 2002).

Scope of the Order

    The products covered by the order are seamless carbon and alloy 
(other than stainless) steel standard, line, and pressure pipes and 
redraw hollows produced, or equivalent, to the ASTM A-53, ASTM A-106, 
ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-795, and the API 
5L specifications and meeting the physical parameters described below, 
regardless of application. The scope of the order also includes all 
products used in standard, line, or pressure pipe applications and 
meeting the physical parameters described below, regardless of 
specification. Specifically included within the scope of the order is 
seamless pipes and redraw hollows, less than or equal to 4.5 inches 
(114.3 mm) in outside diameter, regardless of wall-thickness, 
manufacturing process (hot finished or cold-drawn), end finish (plain 
end, beveled end, upset end, threaded, or threaded and coupled), or 
surface finish.
    The seamless pipes subject to the order is currently classifiable 
under the subheadings 7304.10.10.20, 7304.10.50.20, 7304.31.30.00, 
7304.31.60.50, 7304.39.00.16, 7304.39.00.20, 7304.39.00.24, 
7304.39.00.28, 7304.39.00.32, 7304.51.50.05, 7304.51.50.60, 
7304.59.60.00, 7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and 
7304.59.80.25 of the Harmonized Tariff Schedule of the United States 
(HTSUS).
    Specifications, Characteristics, and Uses: Seamless pressure pipes 
are intended for the conveyance of water, steam, petrochemicals, 
chemicals, oil products, natural gas and other liquids and gasses in 
industrial piping systems. They may carry these substances at elevated 
pressures and temperatures and may be subject to the application of 
external heat. Seamless carbon steel pressure pipe meeting the ASTM A-
106 standard may be used in temperatures of up to 1000 degrees 
Fahrenheit, at various ASME code stress levels. Alloy pipes made to 
ASTM A-335 standard must be used if temperatures and stress levels 
exceed those allowed for ASTM A-106. Seamless pressure pipes sold in 
the United States are commonly produced to the ASTM A-106 standard.
    Seamless standard pipes are most commonly produced to the ASTM A-53 
specification and generally are not intended for high temperature 
service. They are intended for the low temperature and pressure 
conveyance of water, steam, natural gas, air and other liquids and 
gasses in plumbing and heating systems, air conditioning units, 
automatic sprinkler systems, and other related uses. Standard pipes 
(depending on type and code) may carry liquids at elevated temperatures 
but must not exceed relevant ASME code requirements. If exceptionally 
low temperature uses or conditions are anticipated, standard pipe may 
be manufactured to ASTM A-333 or ASTM A-334 specifications.
    Seamless line pipes are intended for the conveyance of oil and 
natural gas or other fluids in pipe lines. Seamless line pipes are 
produced to the API 5L specification.
    Seamless water well pipe (ASTM A-589) and seamless galvanized pipe 
for fire protection uses (ASTM A-795) are used for the conveyance of 
water.
    Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53, API 5L-B, and API 5L-X42 specifications. To avoid 
maintaining separate production runs and separate inventories, 
manufacturers typically triple or quadruple certify the pipes by 
meeting the metallurgical requirements and performing the required 
tests pursuant to the respective specifications. Since distributors 
sell the vast majority of this product, they can thereby maintain a 
single inventory to service all customers.
    The primary application of ASTM A-106 pressure pipes and triple or 
quadruple certified pipes is in pressure piping systems by refineries, 
petrochemical plants, and chemical plants. Other applications are in 
power generation plants (electrical-fossil fuel or nuclear), and in 
some oil field uses (on shore and off shore) such as for separator 
lines, gathering lines and metering runs. A minor application of this 
product is for use as oil and gas distribution lines for commercial 
applications. These applications constitute the majority of the market 
for the subject seamless pipes. However, ASTM A-106 pipes may be used 
in some boiler applications.
    Redraw hollows are any unfinished pipe or ``hollow profiles'' of 
carbon or alloy steel transformed by hot rolling or cold drawing/
hydrostatic testing or other methods to enable the material to be sold 
under ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM 
A-589, ASTM A-795, and API 5L specifications.
    The scope of the order includes all seamless pipe meeting the 
physical parameters described above and produced to one of the 
specifications listed above, regardless of application, with the 
exception of the specific exclusions discussed below, and whether or 
not also certified to a non-covered specification. Standard, line, and 
pressure applications and the above-listed specifications are defining 
characteristics of the scope of the order. Therefore, seamless pipes 
meeting the physical description above, but not produced to the ASTM A-
53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-
795, and API 5L specifications shall be covered if used in a standard, 
line, or pressure application, with the exception of the specific 
exclusions discussed below.
    For example, there are certain other ASTM specifications of pipe 
which, because of overlapping characteristics, could potentially be 
used in ASTM A-106 applications. These specifications generally include 
ASTM A-161, ASTM A-192, ASTM A-210, ASTM A-252, ASTM A-501, ASTM A-523, 
ASTM A-524, and ASTM A-618. When such pipes are used in a standard, 
line, or pressure pipe application, with the exception of the specific 
exclusions discussed below, such products are covered by the scope of 
the order.
    Specifically excluded from the scope of the order is boiler tubing 
and mechanical tubing, if such products are not produced to ASTM A-53, 
ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-795, 
and API 5L specifications and are not used in standard, line, or 
pressure pipe applications. In addition, finished and unfinished OCTG 
are excluded from the scope of the order, if covered by the scope of 
another antidumping duty order from the same country. If not covered by 
such an OCTG order, finished and unfinished OCTG are included in this 
scope when used in standard, line or pressure applications.
    With regard to the excluded products listed above, the Department 
will not instruct Customs to require end-use certification until such 
time as petitioner or other interested parties provide to the 
Department a reasonable basis to believe or suspect that the products 
are being used in a covered application. If such information is 
provided, we will require end-use certification only for the product(s) 
(or

[[Page 57390]]

specification(s)) for which evidence is provided that such products are 
being used in covered applications as described above. For example, if, 
based on evidence provided by petitioner, the Department finds a 
reasonable basis to believe or suspect that seamless pipe produced to 
the A-161 specification is being used in a standard, line or pressure 
application, we will require end-use certifications for imports of that 
specification. Normally we will require only the importer of record to 
certify to the end use of the imported merchandise. If it later proves 
necessary for adequate implementation, we may also require producers 
who export such products to the United States to provide such 
certification on invoices accompanying shipments to the United States.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the merchandise subject to 
this scope is dispositive.

Nonmarket Economy Status

    As indicated above, on May 10, 2002, the Department received a 
letter from the Romanian Ministry of Foreign Affairs requesting a 
review of the status of Romania as a nonmarket economy (NME) country, 
either as a free-standing investigation or in the context of this 
administrative review. In response to this request, the Department is 
conducting an inquiry into Romania's status as an NME country in the 
context of the instant review. See section 771(18)(C)(ii) of the Act.
    The Department has treated Romania as a NME country in all past 
antidumping duty investigations and administrative reviews. See, e.g., 
Notice of Final Determination of Sales at Less Than Fair Value: Certain 
Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure 
Pipe from Romania, 65 FR 39125 (June 23, 2000); and Notice of Final 
Determination of Antidumping Duty Investigation: Certain Hot-Rolled 
Carbon Steel Flat Products from Romania, 66 FR 49625 (September 28, 
2001). A designation as an NME country remains in effect until it is 
revoked by the Department. See section 771(18)(C)(i) of the Act.
    As part of its review of Romania's NME status, the Department 
invites public comment with respect to Romania on the factors listed in 
section 771(18)(B) of the Act, which the Department must take into 
account in making a market economy/NME determination: (i) The extent to 
which the currency of the foreign country is convertible into the 
currency of other countries; (ii) the extent to which wage rates in the 
foreign country are determined by free bargaining between labor and 
management; (iii) the extent to which joint ventures or other 
investments by firms of other foreign countries are permitted in the 
foreign country; (iv) the extent of government ownership or control of 
the means of production; (v) the extent of government control over 
allocation of resources and over price and output decisions of 
enterprises; and (vi) such other factors as the administering authority 
considers appropriate.
    The deadline for submission of comments regarding Romania's NME 
status will be 45 days after the date of publication of this notice in 
the Federal Register. All comments should be filed at the Department's 
Central Records Unit (CRU), located at the address listed below. 
Rebuttal comments may be submitted up to 30 days after the date the 
initial comments are due. Each person submitting comments should 
include his or her name and address, and give reasons for any 
recommendation. To facilitate their consideration by the Department, 
comments should be submitted in the following format: (1) Begin each 
comment on a separate page; (2) concisely state the issue identified 
and discussed in the comment and include any supporting documentation 
in exhibits or appendices; (3) provide a brief summary of the comment 
(a maximum of 3 sentences) and label this section ``Summary of 
Comment;'' (4) provide an index or table of contents; and (5) include 
the case number A-485-805 in the top right hand corner of the 
submission. To simplify the processing and distribution of comments, 
the Department requires the submission of documents in electronic form 
accompanied by an original and six copies in paper form. We require 
that documents filed in electronic form be on DOS formatted 3.5 inch 
diskettes and prepared in either WordPerfect 9 format or a format that 
the WordPerfect program can convert and import into WordPerfect 9. 
Please submit comments in separate files on the diskette. Comments 
received on diskette will be made available to the public on the 
Internet at Import Administration's Website, http://ia.ita.doc.gov. 
Paper copies will be available for reading and photocopying in the CRU, 
Room B-099, U.S. Department of Commerce, Pennsylvania Avenue and 14th 
Street, NW., Washington, DC 20230. Any questions concerning file 
formatting, document conversion, access on the Internet, or other file 
requirements should be addressed to Andrew Lee Beller, Import 
Administration Webmaster, (202) 482-0866.
    After reviewing all comments and rebuttal comments, the Department 
will determine if a public hearing on the NME country issue is 
warranted, if one is requested in the initial or rebuttal comments on 
this issue, and, if so, the Department will announce a place and time 
for that hearing.

Separate Rates

    It is the Department's standard policy to assign all exporters of 
subject merchandise subject to review in an NME country a single rate 
unless an exporter can demonstrate an absence of government control, 
both in law and in fact, with respect to exports. To establish whether 
an exporter is sufficiently independent of government control to be 
entitled to a separate rate, the Department analyzes the exporter in 
light of the criteria established in the Final Determination of Sales 
at Less Than Fair Value: Sparklers From the People's Republic of China, 
56 FR 20588 (May 6, 1991) (Sparklers), as amplified in Final 
Determination of Sales at Less Than Fair Value: Silicon Carbide From 
the People's Republic of China, 59 FR 22585 (May 2, 1994) (Silicon 
Carbide). Under this test, exporters in NME countries are entitled to 
separate, company-specific margins when they can demonstrate an absence 
of government control over exports, both in law (de jure) and in fact 
(de facto).
Absence of De Jure Control
    Evidence supporting, though not requiring, a finding of de jure 
absence of government control over export activities includes: (1) An 
absence of restrictive stipulations associated with an individual 
exporter's business and export licenses; (2) Any legislative enactments 
decentralizing control of companies; and (3) Any other formal measures 
by the government decentralizing control of companies. See Sparklers, 
56 FR at 20589.
Absence of De Facto Control
    A de facto analysis of absence of government control over exports 
is based on four factors--whether the respondent: (1) Sets its own 
export prices independently of the government and other exporters; (2) 
retains the proceeds from its export sales and makes independent 
decisions regarding the disposition of profits or financing of losses; 
(3) has the authority to negotiate and sign contracts and other 
agreements; and (4) has autonomy from the government regarding the 
selection of management. See Silicon Carbide, 59

[[Page 57391]]

FR at 22587; see also Sparklers, 56 FR at 20589.
    We have determined, according to the criteria identified in 
Sparklers and Silicon Carbide, that evidence on the record demonstrates 
an absence of government control, both in law and in fact, with respect 
to exports by Silcotub. Silcotub is a private joint stock commercial 
company organized under the Romanian Commercial Companies Law, Law No. 
31/1990, as amended. Silcotub is limited only by its articles of 
incorporation and bylaws. Specifically, the information on the record 
shows that Silcotub is autonomous in selecting its management, 
negotiating and signing contracts, setting its own export prices and 
retaining its own profits. For a complete discussion of the 
Department's analysis regarding Silcotub's entitlement to a separate 
rate, see the September 3, 2002, memorandum, Assignment of Separate 
Rates for S.C. Silcotub S.A., which is on file in the Central Record 
Unit (CRU), Room B-099, U.S. Department of Commerce, Pennsylvania 
Avenue and 14th Street, NW., Washington, DC 20230.

Export Price and Constructed Export Price

    For certain sales made by Silcotub to the United States, we used 
constructed export price (CEP) in accordance with section 772(b) of the 
Act because the first sale to an unaffiliated purchaser occurred after 
importation of the merchandise into the United States. For Silcotub's 
remaining sales to the United States, we used export price (EP), in 
accordance with section 772(a) of the Act, because the subject 
merchandise was sold to unaffiliated purchasers in the United States 
prior to importation into the United States and because the CEP 
methodology was not indicated by other circumstances.
    We calculated EP based on the C&F prices to unaffiliated 
purchasers, as appropriate. In accordance with section 772(c) of the 
Act, we deducted amounts, where appropriate, for foreign inland 
freight, foreign brokerage and handling, and international freight. We 
valued the deductions for foreign inland freight and brokerage and 
handling using surrogate data based on Egyptian values. (The selection 
of the surrogate country and surrogate values is explained in the 
``Normal Value'' section of this notice, below.) Since ocean freight 
for U.S. sales was provided by an unaffiliated carrier from a market 
economy country and was paid for in a market economy currency, we 
valued ocean freight using the actual charges from the market economy 
country.
    We calculated CEP based on the packed, ex-warehouse or delivered 
prices from Silcotub's U.S. subsidiary to unaffiliated customers. In 
accordance with section 772(c) of the Act, we made deductions, where 
appropriate, from the starting price for CEP for foreign inland 
freight, foreign brokerage and handling, international freight, marine 
insurance, customs duties, U.S. brokerage and handling, and other U.S. 
transportation expenses such as wharfage, stevedoring, and surveying. 
In accordance with section 772(d)(1) of the Act, we made further 
deductions for the following selling expenses that related to economic 
activity in the United States: credit expenses, direct selling expenses 
(i.e., bank charges), and indirect selling expenses (including 
inventory carrying costs). In accordance with section 772(d)(3) of the 
Act, we have deducted from the starting price an amount for profit.

Normal Value

    Section 773(c)(1) of the Act provides that the Department shall 
determine the NV using a factors-of-production methodology if: (1) The 
merchandise is exported from an NME country; and (2) the information 
does not permit the calculation of NV using home-market prices, third-
country prices, or constructed value (CV) under section 773(a) of the 
Act.
    The Department has treated Romania as an NME country in all 
previous antidumping cases. Furthermore, available information does not 
permit the calculation of NV using home market prices, third country 
prices, or CV under section 773(a) of the Act. In accordance with 
section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by the 
administering authority. As discussed in the ``Nonmarket Economy 
Status'' section above, since Romania's designation as a NME country 
remains in effect until it is revoked by the Department, we treated 
Romania as an NME country for purposes of this review and calculated NV 
by valuing the factors of production in a surrogate country.

Surrogate Country

    Section 773(c)(4) of the Act requires the Department to value the 
NME producer's factors of production, to the extent possible, in one or 
more market economy countries that: (1) Are at a level of economic 
development comparable to that of the NME, and (2) are significant 
producers of comparable merchandise. We chose Egypt as the surrogate 
country on the basis of the criteria set out in 19 CFR 351.408(b). For 
a further discussion of our surrogate selection, see the September 3, 
2002, memorandum Selection of Surrogate Country. (This memorandum is on 
file in the Department's CRU.)

Factors of Production

    We used publicly available information from Egypt to value the 
various factors of production. Because some of the Egyptian import data 
were not contemporaneous with the POR, we inflated the data, expressed 
in U.S. dollars, to the POR using the U.S. producer price index 
published by the International Monetary Fund.
    In accordance with section 773(c) of the Act, we valued Silcotub's 
reported factors of production by multiplying them by publicly 
available Egyptian values. In selecting the surrogate values, we 
considered the quality, specificity, and contemporaneity of the data. 
As appropriate, we adjusted input prices to make them delivered prices. 
We added to Egyptian surrogate values a surrogate freight cost using 
the reported distance from the supplier to the factory because this 
distance was shorter than the distance from the nearest seaport to the 
factory. This adjustment is in accordance with the Court of Appeals for 
the Federal Circuit's decision in Sigma Corp. v. United States, 117 
F.3d 1401 (Fed. Cir. 1997).
    We valued material inputs and packing material (i.e., where 
applicable, steel billet, plastic caps, and ink) by Harmonized Tariff 
Schedule (HTS) number, using imports statistics from the Egyptian 
Central Agency for Public Mobilization and Statistics, National 
Information Center. Where a material input was purchased in a market 
economy currency from a market economy supplier (i.e., lacquer, strap, 
clips, and tags), we valued the input at the actual purchase price in 
accordance with section 351.408(c)(1) of the Department's regulations. 
We note that, while lacquer was purchased from both NME and market 
economy suppliers, respondent argued that the price paid to the market 
economy supplier should not be used to value the factor. We disagree 
and have used the actual price Silcotub paid for lacquer, in a market 
economy currency, to a market economy supplier. This methodology is 
consistent with section 351.408(c)(1) of the Department's regulations 
in that the Department will normally value the factor using the price 
paid to the market economy supplier, where a portion of a factor is 
purchased from a market economy and a NME supplier. We valued labor 
using the method described in 19 CFR 351.408(c)(3) of the

[[Page 57392]]

Department's regulations. For a complete analysis of surrogate values, 
see the September 3, 2002, memorandum, Factors of Production Valuation 
for Preliminary Results, (Valuation Memorandum) on file in the CRU.
    To value electricity, we used the 2001 electricity rates for Egypt 
reported on the website of the International Trade Administration of 
the Department under ``Trade Information Center.'' See http://www.web.ita.doc.gov/ticwebsite/neweb.nsf/. We based the value of 
natural gas on 1998 Egyptian prices reported in Egyptian Ministerial 
Decree number 1435/1997, adjusted for inflation.
    We based our calculation of factory overhead and selling, general 
and administrative (SG&A) expenses, as well as profit, on 1998/99 
financial statements of El-Naser Steel Pipes & Fittings Co., an 
Egyptian producer of products comparable to the subject merchandise.
    To value truck freight rates, we used a 1999 rate (adjusted for 
inflation) provided by a trucking company located in Egypt. For rail 
transportation, we valued rail rates using information used in Titanium 
Sponge From the Republic of Kazakhstan: Notice of Final Results of 
Antidumping Duty Administrative Review, 64 FR 66169 (November 24, 
1999), which were initially obtained from a 1999 letter from the 
Egyptian International House.
    For brokerage and handling, we used a 1999 rate (adjusted for 
inflation) provided by a trucking and shipping company located in 
Alexandria, Egypt. For further details, see Valuation Memorandum.

Currency Conversion

    We made currency conversions in accordance with Section 773(A)(a) 
of the Act. For currency conversions involving the Egyptian pound, we 
used exchange rates published by the International Monetary Fund in 
International Financial Statistics. For all other conversions, we used 
daily exchange rates published by the Federal Reserve Bank.

Preliminary Results of the Review

    We preliminarily determine that the following dumping margin exists 
for the period February 4, 2000, through July 31, 2001.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter/manufacturer                       margin
                                                              percentage
------------------------------------------------------------------------
Silcotub....................................................       0.04
------------------------------------------------------------------------

    Within five days of the date of publication of this notice, in 
accordance with 19 CFR 351.224, the Department will disclose its 
calculations. Any interested party may request a hearing within 30 days 
of the date of publication of this notice. Any hearing, if requested, 
will be held approximately 42 days after the publication of this 
notice, or the first workday thereafter. Issues raised in hearings will 
be limited to those raised in the case and rebuttal briefs. Interested 
parties may submit case briefs within 30 days of the date of 
publication of this notice. Rebuttal briefs, which must be limited to 
issues raised in the case briefs, may be filed not later than 35 days 
after the date of publication of this notice. Parties who submit case 
briefs or rebuttal briefs in this review are requested to submit with 
each argument (1) a statement of the issue and (2) a brief summary of 
the argument with an electronic version included. Parties who submit 
arguments in this proceeding are requested to provide the Department 
copies of the public versions on diskette.

Postponement of the Final Results

    The Department has determined that it is not practicable to 
complete the final results of this review within the original time 
limit because of the need to evaluate Romania's NME status. Therefore, 
the Department is fully extending the due date for the final results of 
this administrative review, including the results of its analysis of 
issues raised in any written briefs or hearing. Accordingly, the final 
results will be issued no later than 180 days after the date of 
publication of this Notice in the Federal Register pursuant to section 
751(a)(3)(A) of the Act.

Assessment

    Upon completion of this administrative review, the Department will 
determine, and the Customs Service shall assess, antidumping duties on 
all appropriate entries. In accordance with 19 CFR 351.212(b)(1), we 
have calculated an exporter/importer (or customer)-specific assessment 
rate for merchandise subject to this review. The Department will issue 
appropriate assessment instructions directly to the Customs Service 
within 15 days of publication of the final results of review. If these 
preliminary results are adopted in the final results of review, we will 
direct the Customs Service to assess no antidumping duties on the 
merchandise subject to review pursuant to 19 CFR 351.106(c)(2). For the 
final results, if any importer-specific assessment rate is above de 
minimis, we will instruct Customs to assess duties accordingly. This 
rate will be assessed uniformly on all entries of that particular 
importer made during the POR.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
completion of the final results of this administrative review for all 
shipments of seamless pipe from Romania entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(c) of the Act: (1) For Silcotub, 
which has a separate rate, the cash deposit rate will be zero if 
Silcotub's rate in the final results of review continues to be less 
than 0.5 percent and, therefore, de minimis; (2) for merchandise 
exported by manufacturers or exporters not covered in this review but 
covered in the original less than fair value (LTFV) investigation, the 
cash deposit will continue to be the most recent rate published in the 
final determination for which the manufacturer or exporter received a 
company-specific rate; (3) if the exporter is not a firm covered in 
this review, or the original 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 this review or the 
LTFV investigation, the cash deposit rate will be 13.06 percent, the 
``Romania-Wide'' rate established in the LTFV investigation. See 
Amended Final Determination, 65 FR 48963.
    These cash deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.
    This notice also serves as a preliminary reminder to importers of 
their responsibility 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.
    This administrative review and notice are issued and published in 
accordance

[[Page 57393]]

with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 3, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-22995 Filed 9-9-02; 8:45 am]
BILLING CODE 3510-DS-P