[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Notices]
[Pages 58390-58392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2443]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-008]


Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final 
Results of Antidumping Duty Administrative Review

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

SUMMARY: On July 1, 2003, the Department of Commerce (the Department) 
published in the Federal Register (68 FR 39055) a notice announcing the 
initiation of the administrative review of the antidumping duty order 
on circular welded carbon steel pipes and tubes from Taiwan. The period 
of review (POR) is May 1, 2002 to April 30, 2003. On June 8, 2004, the 
Department published the preliminary results of its administrative 
review of the antidumping duty order on circular welded carbon steel 
pipes and tubes from Taiwan (see Circular Welded Carbon Steel Pipes and 
Tubes from Taiwan: Preliminary Results of Antidumping Duty 
Administrative Review, 69 FR 31958 (June 8, 2004) (Preliminary 
Results). In the preliminary results, we found that U.S. sales were 
made below normal value (NV) by the respondent, Yieh Hsing Enterprise 
Co., Ltd. (Yieh Hsing). We gave interested parties an opportunity to 
comment on our preliminary results; comments from petitioners and 
respondents are addressed in the ``Issues and Decision

[[Page 58391]]

Memorandum,'' which is adopted by this notice. The Department has made 
no changes from the preliminary results.

EFFECTIVE DATE: September 30, 2004.

FOR FURTHER INFORMATION CONTACT: Angela Strom or Robert James, Office 
7, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., Room 
3067, Washington, DC 20230; telephone (202) 482-2704 or (202) 482-0649.

SUPPLEMENTARY INFORMATION:

Background

    On May 1, 2003, the Department published in the Federal Register a 
notice of ``Opportunity to Request Administrative Review'' of the 
antidumping duty order on circular welded carbon steel pipes and tubes 
from Taiwan. See Antidumping or Countervailing Duty Order, Finding or 
Suspended Investigation, Opportunity to Request Administrative Review, 
68 FR 23281. On July 1, 2003, in response to a request from 
petitioners, Allied Tube and Conduit Corporation, IPSCO Tubulars Inc. 
and Wheatland Tube Company, the Department published in the Federal 
Register our notice of initiation of this administrative review. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 68 FR 39055. Petitioners 
requested that the Department conduct an administrative review of 
entries of subject merchandise made by Yieh Hsing, covering the period 
of review from May 1, 2002 to April 30, 2003.
    Because it was not practicable to complete this review within the 
normal time frame, the Department extended the time limit for the 
preliminary results of the administrative review to May 30, 2004. See 
Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Notice of 
Extension of Time Limits, 68 FR at 69987 (December 16, 2003). Due to 
the unexpected emergency closure of the main Commerce building on 
Tuesday, June 1, 2004, the Department has tolled the deadline for these 
preliminary results by one day to June 2, 2004 and issued them on that 
day.
    On June 8, 2004, the Department published the preliminary results 
of the antidumping duty order on circular welded carbon steel pipes and 
tubes from Taiwan. See Preliminary Results. Since publication of the 
preliminary results, we invited parties to comment on our findings. The 
Department received a case brief from the petitioners on July 8, 2004 
and a rebuttal brief from the respondent on July 13, 2004.

Scope of the Review

    Imports covered by this review are shipments of certain circular 
welded carbon steel pipes and tubes. The Department defines such 
merchandise as welded carbon steel pipes and tubes of circular cross 
section, with walls not thinner than 0.065 inch and 0.375 inch or more 
but not over 4.5 inches in outside diameter. These products are 
commonly referred to in the industry as ``standard pipe'' and are 
produced to various American Society for Testing Materials 
specifications, most notably A-53, A-120 and A-135. Standard pipe is 
currently classified under Harmonized Tariff Schedule of the United 
States (HTSUS) item numbers 7306.30.5025, 7306.30.5032, 7306.30.5040, 
and 7306.30.5055. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise under review is dispositive.

Analysis of Comments Received

    The Department received one comment in a case brief from 
petitioners and a rebuttal brief from the respondent, all of which are 
addressed in the ``Issues and Decision Memorandum for the Antidumping 
Duty Order for Circular Welded Carbon Steel Pipes and Tubes from 
Taiwan: Notice of Final Results of Antidumping Duty Administrative 
Review (A-583-008)'' from Jeffrey May, Deputy Assistant Secretary, 
Import Administration, to James J. Jochum, Assistant Secretary, Import 
Administration, dated September 24, 2004 (Issues and Decision 
Memorandum), which is hereby adopted by this notice. This memorandum is 
on file in the Department's Central Records Unit, located at 14th 
Street and Constitution Avenue, NW., Room B-099. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the Import Administration Web site at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received and findings at 
verification, we have made no changes in the margin calculation from 
the preliminary results.

Final Results of Review

    We determine the following dumping margin exists for the period May 
1, 2002 to April 30, 2003.

------------------------------------------------------------------------
                                                              Weighted
                                                               average
                   Producer and exporter                       margin
                                                            (percentage)
------------------------------------------------------------------------
Yieh Hsing Assessment.....................................         1.61
------------------------------------------------------------------------

    The Department shall determine, and U.S. Customs and Border 
Protection (Customs) shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have 
calculated per-unit importer-specific assessment rates. The Department 
will issue appropriate assessment instructions directly to Customs 
within 15 days of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(1) of the Tariff Act: (1) For Yieh 
Hsing, the cash deposit rate will be 1.61 percent; (2) for previously-
reviewed producers and exporters with separate rates, the cash deposit 
rates will be the company-specific rates established for the most 
recent period for which they were reviewed; and (3) for all other 
producers and exporters, the rate will be 9.70 percent, the ``all 
others'' rate established in the less than fair value investigation. 
See Certain Welded Carbon Steel Pipes and Tubes from Taiwan: Final 
Determination of Sales at Less Than Fair Value, 49 FR 9931-01 (March 
16, 1984). These deposit requirements 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 doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) 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

[[Page 58392]]

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 determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 24, 2004.
James J. Jochum,
Assistant Secretary, Import Administration.

Appendix:

    Issues and Decision Memorandum
    Comment 1: Credit Expenses for Home Market Sales.
[FR Doc. E4-2443 Filed 9-29-04; 8:45 am]
BILLING CODE 3510-DS-P