[Federal Register Volume 68, Number 241 (Tuesday, December 16, 2003)]
[Notices]
[Pages 69995-69996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31018]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-813]


Stainless Steel Butt-Weld Pipe Fittings From Korea; Notice of 
Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of Final Results Antidumping Duty Administrative Review.

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SUMMARY: On September 29, 2003, the Department of Commerce (the 
Department) published the preliminary results and partial rescission of 
antidumping duty administrative review on stainless steel butt-weld 
pipe fittings from Korea. The review, as initiated, covered three 
manufacturers/exporters, Sam Sung Stainless Commerce & Ind. Co., Ltd. 
(Sam Sung), Sungkwang Bend Co., Ltd. (Sungkwang), and TK Corporation. 
However, along with the preliminary results we rescinded the review 
with respect to Sungkwang and TK Corporation because the only party 
that requested a review of these two companies withdrew the request in 
a timely manner. Therefore these final results of review cover only Sam 
Sung. The period of review is February 1, 2002 through January 31, 
2003. We gave interested parties an opportunity to comment on our 
preliminary results. We received no comments. Furthermore, the 
Department made no changes in its analysis following publication of the 
preliminary results. Therefore, the final results of review are 
unchanged from those presented in the preliminary results of review.

EFFECTIVE DATE: December 16, 2003.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, 
Enforcement Group III, Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
2924 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 29, 2003 the Department published its preliminary 
results and partial rescission of antidumping duty administrative 
review of stainless steel butt-weld pipe fittings from Korea. See 
Stainless Steel Butt-Weld Pipe Fittings from Korea; Notice of 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review, 68 FR 55935 (September 29, 2003) (Preliminary 
Results). In that notice we rescinded the review with respect to 
SungKwang and TK Corporation because the only party that requested the 
review of these companies withdrew the request in a timely manner. We 
also assigned Sam Sung an adverse facts available rate because it 
withheld information the Department requested by refusing to respond to 
the Department's antidumping questionnaire. We gave interested parties 
an opportunity to comment on our preliminary results. No parties 
submitted comments. We have now completed the administrative review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Tariff Act).

Period of Review

    The period of review (POR) is February 1, 2002 through January 31, 
2003.

Scope of the Review

    The products subject to this review are certain welded stainless 
steel butt-weld pipe fittings (pipe fittings), whether finished or 
unfinished, under 14 inches in inside diameter.
    Pipe fittings are used to connect pipe sections in piping systems 
where

[[Page 69996]]

conditions required welded connections. The subject merchandise can be 
used where one or more of the following conditions is a factor in 
designing the piping system: (1) corrosion of the piping system will 
occur if material other than stainless steel is used; (2) contamination 
of the material in the system by the system itself must be prevented; 
(3) high temperatures are present; (4) extreme low temperatures are 
present; (5) high pressures are contained within the system.
    Pipe fittings come in a variety of shapes, and the following five 
are the most basic: ``elbows,'' ``tees,'' ``reducers,'' ``stub ends,'' 
and ``caps.'' The edges of finished fittings are beveled. Threaded, 
grooved, and bolted fittings are excluded from this review. The pipe 
fittings subject to this review are classifiable under subheading 
7307.23.00 of the Harmonized Tariff Schedule of the United States 
(HTSUS).
    Although the HTSUS subheading is provided for convenience and 
customs purposes, our written description of the scope of this 
proceeding is dispositive.

Use of Facts Available

    For the reasons set forth in our preliminary results we continue to 
find that application of an adverse facts available rate of 21.20 
percent to Sam Sung is appropriate. See Preliminary Results at 55936-
37.

Final Results of Review

    As a result of our determination that it is appropriate to apply 
adverse facts available to Sam Sung, we determine that a weighted-
average dumping margin of 21.20 percent exists for Sam Sung for the 
period February 1, 2002 through January 31, 2003.
    The Department will determine, and U.S. Customs and Border 
Protection (Customs) shall assess, antidumping duties on all 
appropriate entries. The Department will issue appropriate assessment 
instructions directly to Customs within 15 days of publication of these 
final results of review. We will direct Customs to assess the resulting 
assessment rate against the entered customs values for the subject 
merchandise on each entry during the review period.

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 the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication, as provided by 
section 751(a)(1) of the Tariff Act: (1) the cash deposit rate for the 
reviewed company will be the rate shown above; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
will continue to be the company-specific rate published for the most 
recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be that 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, any previous reviews, or the LTFV investigation, the cash 
deposit rate will be 21.20 percent, the ``all others'' rate established 
in the LTFV investigation. See Final Determination of Sales at Less 
Than Fair Value: Certain Welded Stainless Steel Butt-Weld Pipe Fittings 
from the Republic of Korea, 57 FR 61881, 61882 (December 29, 1992).
    These 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 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.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act.

    Dated: December 9, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-31018 Filed 12-15-03; 8:45 am]
BILLING CODE 3510-DS-S