[Federal Register Volume 68, Number 114 (Friday, June 13, 2003)]
[Notices]
[Pages 35384-35385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14982]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-815]


Certain Welded Stainless Steel Pipe From Taiwan; Notice of 
Amended Final Results of Antidumping Duty Administrative Review 
Pursuant to Final Court Decision

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

ACTION: Notice of amended final results of antidumping duty 
administrative review pursuant to final court decisions.

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EFFECTIVE DATE: June 13, 2003.

FOR FURTHER INFORMATION CONTACT: James Doyle, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-0159.
SUMMARY: The United States Court of Appeals for the Federal Circuit 
(``the CAFC'') and the United States Court of International Trade 
(``CIT'') have affirmed the Department of Commerce's (``the 
Department'') final remand results affecting final assessment rates for 
the administrative review of the antidumping duty order of certain 
welded stainless steel pipe (``steel pipe'') from Taiwan. The period of 
review (``POR'') is December 1, 1994, through November 30, 1995. As 
there is now a final and conclusive court decision in this case, we are 
amending our final results of review and we will instruct the U.S. 
Bureau of Customs and Border Protection (``Customs Service'') to 
liquidate entries subject to this review.

SUPPLEMENTARY INFORMATION: 

Background

    On July 14, 1997, the Department published its final results in the 
third administrative review of steel pipe from Taiwan. See Final 
Results of Antidumping Administrative Review; Certain Welded Stainless 
Steel Pipe From Taiwan, 62 FR 37543 (July 14, 1997) (``Final 
Results''). The review covered one manufacturer/exporter of the subject 
merchandise, Ta Chen Stainless Steel Pipe Ltd. (``Ta Chen'').

[[Page 35385]]

Ta Chen challenged certain aspects of the Department's Final Results. 
On October 28, 1999, the CIT remanded the Final Results to the 
Department on two issues: (1) To give a Ta Chen an opportunity to 
submit information on Sun Stainless, Inc.'s (``Sun'') U.S. sales; and 
(2) to give Ta Chen an opportunity to submit evidence on any sales to 
Company C that were made during the POR and on which commissions were 
paid to Anderson Alloys (``Anderson''). See Ta Chen Stainless Steel 
Pipe, Ltd. v. United States. NO. 97-08-01344 1999 Ct. Int's Trade LEXIS 
110 (CIT 1999). On February 25, 2000, we provided the CIT with our 
final results of redetermination pursuant to court remand. See Final 
Results of Redetermination Pursuant to Court Remand: Ta Chen Stainless 
Steel Pipe, Ltd. v. United States, Court No. 97-08-01344 (``Remand 
Results''). In the remand redetermination the Department determined: 
(1) An adverse inference was appropriate for the Sun sales, and 
assigned the highest calculated margin calculated in the final remand 
results to Ta Chen's sales to Sun; and (2) not to apply our facts 
available methodology to the Anderson sales based on Ta Chen's 
statement that it paid no commissions to Anderson on Company C sales. 
Upon review, the CIT sustained our Remand Results. See Ta Chen 
Stainless Steel Pipe, Inc. v. United States. No. 97-08-01344, Slip Op. 
2000-107 (CIT 2000). Ta Chen appealed the CIT's judgment with respect 
to the application of adverse facts available to Ta Chen's sales to 
Sun. On August 1, 2002, the CAFC affirmed the CIT's decision. See Ta 
Chen Stainless Steel Pipe, Inc. v. United States, 298 F.3d 1330 (Fed. 
Cir. 2002).
    On January 6, 2003, Ta Chen submitted an application to the Chief 
Justice of the U.S. Supreme Court for an extension of time to file a 
petition for a writ of certiorari. The Chief Justice extended the time 
to file until the requested new deadline of January 18, 2003. Because 
the deadline occurred on Saturday, Ta Chen filed the petition for writ 
of certiorari January 21, 2003. On February 28, 2003, an order was 
given extending the response time to file comments responding to the 
petition until April 7, 2003. On April 7, 2003, Ta Chen filed an 
opposition brief. On May 29, 2003, the Supreme Court denied the 
petition filed by Ta Chen.
    There is a final and conclusive court decision in this case. We are 
amending our final results of review for the period December 1, 1994 
through November 30, 1995, and we will instruct the Customs Service to 
liquidate entries subject to this review.
    The revised weighted-average percentage margin is as follows:

------------------------------------------------------------------------
           Manufacturer/exporter                  Margin (percent)
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Ta Chen...................................  2.60
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    Accordingly, the Department will determine, and the Customs Service 
will assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with these amended final results. For 
assessment purposes, we have calculated importer-specific duty 
assessment rates on the ratio of the total amount of antidumping duties 
calculated for the examined sales to the total value of sales examined 
for such importer. The Department will issue appraisement instructions 
to the Customs Service after publication of this amended final results 
of review.
    This notice is published in accordance with section 751(a)(1) of 
the Tariff Act (19 U.S.C. 1675(1)) and 19 CFR 351.211.

    Dated: June 6, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-14982 Filed 6-12-03; 8:45 am]
BILLING CODE 3510-25-M