[Federal Register Volume 70, Number 7 (Tuesday, January 11, 2005)]
[Notices]
[Pages 1870-1871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-62]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-816]


Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan: 
Final Results and Final Rescission in Part of Antidumping Duty 
Administrative Review

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

SUMMARY: On July 7, 2004, the Department of Commerce (``Department'') 
published in the Federal Register the preliminary results of the 
administrative review of the order on certain stainless steel butt-weld 
pipe fittings from Taiwan. See Certain Stainless Steel Butt-Weld Pipe 
Fittings From Taiwan: Preliminary Results of Antidumping Duty 
Administrative Review and Notice of Intent To Rescind in Part, 69 FR 
40859 (July 7, 2004) (``Preliminary Results''). This review covers one 
manufacturer/exporter of the subject merchandise. The period of review 
(``POR'') is June 1, 2002, through May 31, 2003.
    We gave interested parties an opportunity to comment on the 
preliminary results. Based upon our analysis of the comments received, 
we have made no changes in the margin calculation. Therefore, the final 
results have not changed from the Preliminary Results of this review. 
The final weight-averaged dumping margin is listed below in the section 
titled ``Final Results of the Review.''

EFFECTIVE DATE: January 11, 2005.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Alex Villanueva, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW., Washington, DC 20230, telephone (202) 482-6905 or (202) 482-3208, 
respectively, fax (202) 482-9089.

SUPPLEMENTARY INFORMATION:

Background

    The Department's preliminary results of review were published on 
July 7, 2003. See Preliminary Results. We invited parties to comment on 
the Preliminary Results. We received written comments on August 13, 
2004, from Petitioners \1\ and from Ta Chen Stainless Pipe Co., Ltd. 
(``Ta Chen'') and its wholly owned subsidiary Ta Chen International, 
Inc. (``TCI''). On August 20, 2004, we received rebuttal comments from 
Petitioners and Ta Chen. On October 20, 2004, the Department extended 
the final results of this review by 45 days until December 19, 2003. 
See Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan: 
Extension of Final Results of Antidumping Duty Administrative Review, 
69 FR 61649, (October 20, 2004). On December 16, the Department fully 
extended the final results by the remaining 15 days, or until January 
3, 2005. See Certain Stainless Steel Butt-Weld Pipe Fittings from 
Taiwan: Extension of Final Results of Antidumping Duty Administrative 
Review, 69 FR 75305, (December 16, 2004). The Department is conducting 
this administrative review in accordance with section 751 of the Tariff 
Act of 1930, as amended (``the Act'').
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    \1\ Petitioners in this administrative review are Flowline 
Division of Markovitz Enterprise, Inc., Shaw Allow Piping Products, 
Inc., Gerlin, Inc., and Taylor Forge Stainless, Inc.
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Scope of the Order

    The products subject to this order are certain stainless steel 
butt-weld pipe fittings, whether finished or unfinished, under 14 
inches inside diameter. Certain welded stainless steel butt-weld pipe 
fittings (``pipe fittings'') are used to connect pipe sections in 
piping systems where conditions require welded connections. The subject 
merchandise is 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; and (5) high pressures are contained within 
the system.
    Pipe fittings come in a variety of shapes, with the following five 
shapes the most basic: ``elbows'', ``tees'', ``reducers'', ``stub 
ends'', and ``caps.'' The edges of finished pipe 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 review 
is dispositive. Pipe fittings manufactured to American Society of 
Testing and Materials specification A774 are included in the scope of 
this order.

Partial Rescission of Review

    In the Preliminary Results, the Department issued a notice of 
intent to rescind the review with respect to Liang Feng Stainless Steel 
Fitting Co., Ltd. (``Liang Feng''), Tru-Flow Industrial Co., Ltd. 
(``Tru-Flow''), and PFP Taiwan Co., Ltd. (``PFP'') as we found that 
there were no entries of subject merchandise during the POR. See 
Preliminary Results at 40861. The Department received comments on this 
issue concerning Liang Feng and Tru-Flow. However, we continue to find 
that rescission of the review concerning Liang Feng, Tru-Flow and PFP 
is appropriate. Therefore, the Department is rescinding the review with 
respect to Liang Feng, Tru-Flow, and PFP.

Analysis of Comments Received

    All issues raised in the case briefs, as well as the Department's 
findings, in this administrative review are addressed in the Issues and 
Decision Memorandum for the Administrative Review of Stainless Steel 
Butt-Weld Pipe Fittings from Taiwan, (``Decision Memorandum''), dated 
January 3, 2005, which is hereby adopted by this notice. A list of the 
issues raised and to which we have responded, all of which are in the 
Decision Memorandum, is attached to this notice as Appendix I. Parties 
can find a complete discussion of all issues raised in this review and 
the corresponding recommendations in this

[[Page 1871]]

public memorandum which is on file at the U.S. Department of Commerce, 
in the Central Records Unit, in room B-099. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the Web 
at www.ia.ita.doc.gov.\2\
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    \2\ The paper copy and electronic version of the public version 
of the Decision Memorandum are identical in content.
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Sales Below Cost in the Home Market

    As discussed in more detail in the Preliminary Results, the 
Department disregarded home market below-cost sales that failed the 
cost test in the final results of review.

Changes Since the Preliminary Results

    A list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memorandum, is attached to 
this notice as Appendix I. Based on our analysis of the comments 
received, we have made no changes in the margin calculation.

Final Results of the Review

    We determine that the following percentage weighted-average margin 
exists for the period June 1, 2002, through May 31, 2003:

       Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
               Producer/ manufacturer/exporter                  margin
                                                               (percent)
------------------------------------------------------------------------
Ta Chen Stainless Pipe Co., Ltd.............................        5.08
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have 
calculated an importer-specific assessment rate for merchandise subject 
to this review. The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of these 
final results of review. We will direct CBP to assess the resulting 
assessment rates against the entered customs values for the subject 
merchandise on each of the importer's entries during the review period. 
For duty assessment purposes, we calculated importer-specific 
assessment rates by dividing the dumping margins calculated for each 
importer by the total entered value of sales for each importer during 
the POR.

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, the following 
deposit requirements will be effective upon publication of this notice 
of final results of administrative review for all shipments of certain 
stainless steel butt-weld pipe fittings from Taiwan entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication: (1) The cash deposit rate for Ta Chen will be the rate 
shown above; (2) for previously reviewed or investigated companies not 
listed above, 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, but the manufacturer is, the 
cash deposit rate will be the rate established for the most recent 
period for the manufacturer of the merchandise; and (4) the cash 
deposit rate for all other manufacturers shall continue to be 51.01 
percent.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.

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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as the only 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 C.F.R. 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: January 3, 2005.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix I--List of Issues for Discussion

Comment 1: Adverse Facts Available (``AFA'') for the Emerdex 
Companies \3\
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    \3\ The Department will address all the Emerdex companies within 
this comment: Emerdex Stainless Flat Roll Products (``Emerdex 1''), 
Emerdex Stainless Steel (``Emerdex 2''), Emerdex Group, Inc. 
(``Emerdex 3'') and Emerdex Shutters (``Emerdex 4'').
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Comment 2: Partial AFA for Dragon Stainless Inc. (``Dragon 
Stainless'') Selling Expenses
Comment 3: Whether To Apply Total AFA for Ta Chen
Comment 4: Constructed Export Price (``CEP'') Offset and Level of 
Trade (``LOT'')
Comment 5: CEP Profit
Comment 6: Date of Sale for Home and U.S. Market Sales
Comment 7: Overstated Home Market Packing Expenses
Comment 8: Short-Term Borrowing
Comment 9: Total AFA for Liang Feng and Tru-Flow

 [FR Doc. E5-62 Filed 1-10-05; 8:45 am]
BILLING CODE 3510-22-P