[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Notices]
[Pages 41206-41207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3804]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-805]


Certain Small Diameter Carbon and Alloy Seamless Standard, Line, 
and Pressure Pipe from Romania: Final Results of Antidumping Duty 
Administrative Review and Final Determination Not to Revoke Order in 
Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 10, 2005, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on certain small diameter carbon and alloy seamless 
standard, line, and pressure pipe (seamless pipe) from Romania. The 
period of review is August 1, 2003, through July 31, 2004. We did not 
receive comments from interested parties, and we did not make any 
changes to the margin for the final results. The final margin for S.C. 
Silcotub S.A. is listed below in the section entitled ``Final Results 
of Review.''

EFFECTIVE DATE: July 18, 2005.

FOR FURTHER INFORMATION CONTACT: Janis Kalnins at (202) 482-1392 or 
John Holman at (202) 482-3683, AD/CVD Operations, Office 5, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 10, 2005, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on seamless pipe from Romania. See Certain Small 
Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe 
from Romania: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination Not to Revoke in Part, 70 FR 24520 
(May 10, 2005) (Preliminary Results). We invited interested parties to 
comment on the preliminary results. We did not receive comments from 
interested parties, and we did not make any changes to the margin for 
the final results. The Department has conducted this administrative 
review in accordance with section 751 of the Tariff Act of 1930, as 
amended (the Act).

Scope of the Order

    The products covered by the order are seamless carbon and alloy 
(other than stainless) steel standard, line, and pressure pipes and 
redraw hollows produced, or equivalent, to the ASTM A-53, ASTM A-106, 
ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-795, and the API 
5L specifications and meeting the physical parameters described below, 
regardless of application. The scope of the order also includes all 
products used in standard, line, or pressure pipe applications and 
meeting the physical parameters described below, regardless of 
specification. Specifically included within the scope of the order are 
seamless pipes and redraw hollows, less than or equal to 4.5 inches 
(114.3 mm) in outside diameter, regardless of wall-thickness, 
manufacturing process (hot finished or cold-drawn), end finish (plain 
end, beveled end, upset end, threaded, or threaded and coupled), or 
surface finish.
    The seamless pipes subject to the order are currently classifiable 
under the subheadings 7304.10.10.20, 7304.10.50.20, 7304.31.30.00, 
7304.31.60.50, 7304.39.00.16, 7304.39.00.20, 7304.39.00.24, 
7304.39.00.28, 7304.39.00.32, 7304.51.50.05, 7304.51.50.60, 
7304.59.60.00, 7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and 
7304.59.80.25 of the Harmonized Tariff Schedule of the United States 
(HTSUS).
    For a further and more specific description of the scope of the 
order, please see Preliminary Results, 70 FR at 24521.
    Although the HTSUS subheadings are provided for convenience and 
U.S. Customs and Border Protection (CBP) purposes, our written 
description of the merchandise subject to the scope of this order is 
dispositive.

Facts Available

    For these final results, the Department continues to find that S.C. 
Silcotub S.A. did not act to the best of its ability by withdrawing 
itself from the review, thus withholding information necessary to 
calculate an accurate dumping margin and which the Department 
requested. Accordingly, the Department continues to find that the use 
of adverse facts available is warranted under section 776 of the Act. 
For a detailed discussion of our application, selection, and 
corroboration of the rate we selected as adverse facts available, see 
Preliminary Results, 70 FR at 24522, 24523.

No Revocation in Part

    On August 31, 2004, Silcotub submitted a request that the 
Department revoke the order in part on seamless pipe from Romania with 
respect to its sales. In the Preliminary Results we determined that 
S.C. Silcotub S.A. did not meet the requirement of selling the subject 
merchandise at not less than normal value for a period of three 
consecutive years. See Preliminary Results, 70 FR at 24523. Therefore, 
for these final results, we determine not to revoke the order with 
respect to sales of seamless pipe made by S.C. Silcotub S.A. to the 
United States.

Final Results of Review

    As a result of our review, we determine that a weighted-average 
dumping margin of 15.15 percent exists for S.C. Silcotub S.A. for the 
period August 1, 2003, through July 31, 2004.

Duty Assessment and Cash-Deposit Requirements

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries. Because we are applying adverse 
facts available to all exports of subject merchandise produced or 
exported by S.C. Silcotub S.A., we will instruct CBP to assess the 
final percentage margin against the entered customs values on all 
applicable entries during the period of review. The Department will 
issue appropriate assessment instructions directly to CBP within 15 
days of publication of these final results of review.
    The following deposit requirements will be effective upon 
publication of these final results of this administrative review for 
all shipments of seamless pipe from Romania entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results, as provided by section 751(a)(2)(C) of the Act: (1) The 
cash-deposit rate for S.C. Silcotub S.A. is 15.15 percent; (2) for 
merchandise exported by producers or exporters that were previously 
reviewed or investigated, the cash deposit will continue to be the most 
recent rate published in the final determination or final results for 
which the producer or exporter received an individual rate; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original less-than-fair-value investigation but the manufacturer is, 
the cash-deposit rate will be the rate established for the most recent 
period for the manufacturer of the subject merchandise; and (4) if 
neither the exporter nor the manufacturer is a firm covered in this or 
any previous review,

[[Page 41207]]

the cash-deposit rate shall be 13.06 percent, the all-others rate 
established in the prior administrative review. See Notice of Final 
Results of Antidumping Duty Administrative Review and Final 
Determination Not To Revoke Order in Part: Certain Small Diameter 
Carbon and Alloy Seamless Standard, Line, and Pressure Pipe From 
Romania, 70 FR 7237 (February 11, 2005). These cash-deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.

Notification of Interested Parties

    This notice 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 the 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 double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative protective order itself. 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 sanctionable 
violation.
    These final results of administrative review and notice are issued 
and published in accordance with sections 751(a)(1) and 777(i)(1) of 
the Act.

    Dated: July 12, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3804 Filed 7-15-E5; 8:45 am]
BILLING CODE 3510-DS-S