[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30086-30087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2601]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-565-801


Stainless Steel Butt-Weld Pipe Fittings from the Philippines: 
Amended Final Determination of Sales at Less Than Fair Value Pursuant 
to Court Remand

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 23, 2005, the United States Court of International 
Trade (CIT) affirmed the Department of Commerce's (the Department's) 
redetermination on remand of the final determination of sales at less 
than fair value on stainless steel butt-weld pipe fittings from the 
Philippines. See Tung Fong Industrial Co., Inc. v. United States, Court 
No. 01-0070, Slip Op. 05-39 (CIT March 23, 2005) (Tung Fong II). The 
Department is now issuing this amended final determination reflecting 
the CIT's decision.

EFFECTIVE DATE: May 25, 2005.

FOR FURTHER INFORMATION CONTACT: Fred Baker at (202) 482-2924 or Robert 
James at (202) 482-0649, AD/CVD Operations, Office 7, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230.



[[Page 30087]]

SUPPLEMENTARY INFORMATION:

Background

    On December 27, 2000, the Department published the final 
determination of sales at less than fair value of stainless steel butt-
weld pipe fittings from the Philippines. See Notice of Final 
Determination of Sales at Less Than Fair Value: Stainless Steel Butt-
Weld Pipe Fittings From the Philippines, 65 FR 81823 (December 27, 
2000). Respondent Tung Fong Industrial Co., Ltd. (Tung Fong) filed a 
lawsuit challenging this determination. On April 7, 2004, the CIT 
issued an Order and Opinion remanding two issues to the Department. See 
Tung Fong Industrial Co., Inc. v. United States, 318 F. Supp. 2d 1321 
(CIT April 7, 2004) (Tung Fong I). Specifically, the CIT ordered the 
Department to (1) reconsider the adequacy of the domestic 
manufacturers' petition, and the consequence of the falsity of their 
allegations of home market sales by Tung Fong; and (2) to reconsider 
its decision to resort to facts available in calculating Tung Fong's 
antidumping margin (and, if appropriate, to reevaluate the particular 
adverse facts available it selected). See Tung Fong I, 318 F. Supp 2d 
1321 at 1338. In accordance with the CIT's order in Tung Fong I, the 
Department filed its remand results on September 7, 2004. On March 23, 
2005, the CIT affirmed the Department's final results of remand 
redetermination in their entirety. See Tung Fong II. Accordingly, we 
are amending our final determination of sales at less than fair value.

Amendment to Final Determination

    The CIT affirmed our final results of redetermination pursuant to 
Court remand on March 23, 2005. Given the particular circumstances of 
this case, we consider that the case is now final and conclusive. We 
are now amending the final determination of sales at less than fair 
value. We determine that a weighted-average margin of 7.59 percent 
exists for Tung Fong for the period of investigation, which was October 
1, 1998, through September 30, 1999. No entries were enjoined during 
the pendency of this litigation, and no reviews of entries by any party 
have been requested or conducted since the less than fair value 
investigation. Accordingly, the Department will instruct U.S. Customs 
and Border Protection (CBP) to require a cash deposit of 7.59 percent 
for all entries of subject merchandise manufactured by Tung Fong 
beginning April 2, 2005. Furthermore, because the margin we assigned to 
``all others'' in the final determination was based upon the margin we 
calculated for Tung Fong, we will also instruct CBP that the same cash 
deposit requirements are applicable to ``all others'' as are applicable 
to Tung Fong.
    This notice is issued and published in accordance with section 
735(d) of the Tariff Act of 1930, as amended.

    Dated: May 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2601 Filed 5-24-05; 8:45 am]
BILLING CODE 3510-DS-S