[Federal Register Volume 69, Number 118 (Monday, June 21, 2004)]
[Notices]
[Page 34338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14113]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-816]


Notice of Decision of the Court of International Trade: Certain 
Stainless Steel Butt-Weld Pipe Fittings From Taiwan

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

ACTION: Notice of decision of the Court of International Trade.

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SUMMARY: On June 4, 2004, the Court of International Trade (CIT) 
reversed the Department of Commerce's (the Department's) antidumping 
duty order scope determination. Allegheny Bradford Corporation, d/b/a 
Top Line Process Equipment Company v. United States, Court No. 02-
00073, Slip. Op. 04-59 (CIT, June 4, 2004) (Allegheny Bradford Corp.). 
Consistent with the decision of the United States Court of Appeals for 
the Federal Circuit (Federal Circuit) in Timken Co. v. United States, 
893 F.2nd 337 (Fed. Cir. 1990) (Timken), the Department is notifying 
the public that the  Allegheny Bradford Corp. decision was ``not in 
harmony'' with the Department's scope determination.

EFFECTIVE DATE: June 21, 2004.

FOR FURTHER INFORMATION CONTACT: James Doyle, Office IX, DAS Group III, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-0159.

SUPPLEMENTARY INFORMATION:

Background

    On December 10, 2001, the Department of Commerce (the Department) 
issued its Final Scope Ruling on the Antidumping Duty Order on 
Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Allegheny Bradford 
Corporation d/b/a Top Line Process Equipment. In this ruling, the 
Department found the subject merchandise in question to be within the 
scope of the order as the Department did not find the designation of 
the fittings as ``tube'' rather than ``pipe'' fittings to provide a 
meaningful distinction given the significant overlap between common 
usage of those two terms. Allegheny Bradford Corporation, d/b/a Top 
Line Process Equipment Company challenged this determination before the 
CIT arguing, in relevant part, that its stainless steel butt-weld tube 
fittings from Taiwan were improperly ruled to be within the scope of 
the antidumping duty order by the Department. On June 4, 2004, the CIT 
reversed the Department's antidumping duty order scope determination. 
Allegheny Bradford Corp. Stating that the scope of the antidumping duty 
order unambiguously excludes fittings which are not beveled, the CIT 
ordered that the Department must exclude the stainless steel butt-weld 
pipe fittings subject to this request from the scope of the antidumping 
order. Id.

Timken Notice

    In its decision in Timken, the Federal Circuit held that, pursuant 
to 19 U.S.C. 1516a(e), the Department must publish notice of a decision 
of the CIT which is ``not in harmony'' with the Department's results. 
The CIT's decision in Allegheny Bradford Corp. was not in harmony with 
the Department's final scope determination. Therefore, publication of 
this notice fulfills the obligation. In addition, this notice will 
serve to continue the suspension of liquidation pending the expiration 
of the period to appeal the CIT's June 4, 2004, decision, or, if that 
decision is appealed, pending a final decision by the Federal Circuit. 
The Department will issue liquidation instructions and revise cash 
deposit instructions effective the date of publication of this notice 
in the Federal Register if the CIT's decision is not appealed, or if it 
is affirmed on appeal.

    Dated: June 15, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-14113 Filed 6-18-04; 8:45 am]
BILLING CODE 3510-DS-P