[Federal Register Volume 69, Number 202 (Wednesday, October 20, 2004)]
[Notices]
[Pages 61649-61650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2727]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Certain Welded Carbon Steel Pipes and Tubes from Thailand: Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 8, 2004, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of its administrative review of the antidumping duty order on certain 
welded carbon steel pipes and tubes from Thailand (69 FR 18539). This 
review covers Saha Thai Steel Pipe Company, Ltd. (``Saha Thai''), a 
manufacturer/exporter of the subject merchandise. The period of review 
(POR) is March 1, 2002, through February 28, 2003.
    Based on our analysis of the comments received, the final results 
differ from the preliminary results of review. The final weighted-
average dumping margin for the reviewed firm is listed below in the 
section entitled ``Final Results of the Review.''

EFFECTIVE DATE: October 20, 2004.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Mark Hoadley, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, Washington, DC 20230; telephone: (202) 482-2243 
and (202) 482-3148, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 8, 2004, the Department published its preliminary results 
in this administrative review. See Certain Welded Carbon Steel Pipes 
and Tubes From Thailand: Preliminary Results of Antidumping Duty 
Administrative Review, 69 FR 18539 (April 8, 2004). On April 27, 2004, 
we issued Saha Thai's sales verification report. See Memorandum to the 
File, from Javier Barrientos, AD/CVD Financial Analyst, and Jaqueline 
Arrowsmith, Case Analyst, through Sally Gannon, Program Manager; 
Verification of Questionnaire Responses submitted by Saha Thai Steel 
Pipe Company, Ltd. (``Saha Thai''), April 27, 2004. We invited parties 
to comment on the preliminary results. The petitioners, Allied Tube & 
Conduit Corporation and Wheatland Tube Co., and Saha Thai submitted 
timely case briefs on May 24, 2004. Timely rebuttal briefs from both 
parties were submitted on June 2, 2004. Pursuant to section 
751(a)(3)(A) of the Tariff Act of 1930, as amended by the Uruguay Round 
Agreements Act (hereinafter, ``the Act''), the Department extended the 
final results of review to October 5, 2004. See Certain Welded Carbon 
Steel Pipes and Tubes from Thailand: Notice of Extension of Time Limit 
for Final Results of Antidumping Duty Administrative Review, 69 FR 
48454.
    (August 10, 2004).
    The Department has conducted this administrative review in 
accordance with section 751 of the Act, as amended.

Scope of the Antidumping Order

    The products covered by this antidumping order are certain welded 
carbon steel pipes and tubes from Thailand. The subject merchandise has 
an outside diameter of 0.375 inches or more, but not exceeding 16 
inches. These products, which are commonly referred to in the industry 
as ``standard pipe'' or ``structural tubing,'' are hereinafter 
designated as ``pipe and tube.'' The merchandise is classifiable under 
the Harmonized Tariff Schedule of the United States (HTSUS) item 
numbers 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, and 7306.30.5090. Although the HTSUS 
subheadings are provided for convenience and purposes of U.S. Customs 
and Border Protection (CBP), our written description of the scope of 
the order is dispositive.

[[Page 61650]]

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum from Jeffrey A. May, Deputy Assistant Secretary for Import 
Administration, to James J. Jochum, Assistant Secretary for Import 
Administration, dated October 5, 2004 (``Decision Memorandum''), which 
is hereby adopted by this notice. A list of the issues which the 
parties have raised and to which we have responded, all of which are in 
the Decision Memorandum, is attached to this notice as an appendix. 
Parties can find a complete discussion of all issues raised in this 
review and the corresponding recommendations in this memorandum, which 
is on file in the Central Records Unit, Room B-099, of the main 
Commerce Department building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received and of the database 
calculations, we have changed our calculations for the final results of 
review. For the final results of review, billing adjustments have been 
added to U.S. price to reflect the decision the Department has reached 
for the final results. In addition, we made minor corrections to the 
margin program. These changes are discussed in the relevant sections of 
the Decision Memorandum (at Comment 2) and Memorandum to the File from 
Javier Barrientos, AD/CVD Financial Analyst, through Mark E. Hoadley, 
Acting Program Manager: Analysis of Saha Thai Steel Pipe Co., Ltd. for 
the Final Results, dated October 5, 2004.

Final Results of Review

    We determine that the following weighted-average percentage margin 
exists for the period March 1, 2002, through February 28, 2003:

------------------------------------------------------------------------
                Manufacturer/exporter                        Margin
------------------------------------------------------------------------
Saha Thai Steel Pipe Company, Ltd....................              0.17%
------------------------------------------------------------------------

Cash Deposit Requirements

    The following 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, as provided in section 751(a)(1) of the 
Act: 1) the cash deposit rate for Saha Thai will be zero as its margin 
for the final result is de minimis; 2) for previously reviewed or 
investigated companies not covered in this review, the cash deposit 
rate 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 less than fair value (LTFV) 
investigation conducted by the Department, the cash deposit rate will 
be the rate established for the most recent period for the manufacturer 
of the merchandise; 4) if neither the exporter nor the manufacturer is 
a firm covered in this or any previous proceeding conducted by the 
Department, the cash deposit rate will continue to be the ``all 
others'' rate established in the LTFV investigation, which is 15.67 
percent. These cash deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.

Duty Assessment

    Upon publication of the final results of this review, the 
Department shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries. The Department will issue appraisement 
instructions directly to CBP within fifteen days of publication of the 
final results of review. The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise covered by the results and for future deposits of estimated 
duties. For duty assessment purposes, we calculate an importer-specific 
assessment rate by dividing the total dumping margins calculated for 
the U.S. sales of each importer by the respective total entered value 
of these sales. This importer-specific assessment rate will be used for 
the assessment of antidumping duties on all entries of the subject 
merchandise by that importer during the POR.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the period of review produced by companies included 
in the final results of this review for which the reviewed companies 
did not know their merchandise was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the ``all others'' rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Notice of Policy Concerning Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003), in response to Notice 
and Request for Comment on Policy Concerning Assessment of Antidumping 
Duties and Request for Comment, 63 FR 55361 (Oct. 15, 1998).

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that 
reimbursement of the 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. 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) of the Act.

    Dated: October 5, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix -- Issues in Decision Memorandum

Comments and Responses

1. Section 201 Duties
2. Section 201 Duty Billing Adjustments
3. Standard Customs Duty Exemptions
4. Antidumping Duty Exemptions
5. Yield Loss Constant for Duty Drawback
6. Duty Exemptions on Imported Inputs in the Cost of Production
7. Treatment of Non-Dumped Sales
8. Minor Corrections at Verification
[FR Doc. E4-2727 Filed 10-19-04; 8:45 am]
BILLING CODE 3510-DS-S