[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Pages 50301-50302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4701]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-816]


Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: 
Notice of Amended Final Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 14, 2005, in Alloy Piping Products, Inc., Flowline 
Division, et al. v. United States, Slip Op. 05-69, (``Alloy Piping 
II''), the Court of International Trade (``CIT'') affirmed the 
Department of Commerce's (the ``Department'') Final Results of 
Determination Pursuant to Remand (``Remand Results''), dated February 
14, 2005, and entered a judgment order. This litigation related to the 
Department's review of the antidumping order on certain stainless steel 
butt-weld pipe fittings from Taiwan, covering the period June 1, 1999, 
through May 31, 2000. See Certain Stainless Steel Butt-Weld Pipe 
Fittings Final Results of Antidumping Duty Administrative Review, 66 FR 
65899, 65900, (December 21, 2001) (``Final Results''). As no further 
appeals have been filed and there is now a final and conclusive court 
decision in this action, we are amending the final results of review in 
this proceeding and we will instruct U.S. Customs and Border Protection 
(``CBP'') to liquidate entries subject to this review.

EFFECTIVE DATE: August 26, 2005.

FOR FURTHER INFORMATION CONTACT: 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 202-482-3208, fax 202-482-9089.

SUPPLEMENTARY INFORMATION:

Background

    Following publication of the Final Results, Alloy Piping Products, 
Inc., Flowline Division, Markovitz Enterprises, Inc., Gerlin Inc., and 
Taylor Forge Stainless Inc., (the ``Petitioners'') and Ta Chen, filed a 
lawsuit with the CIT challenging the Department's findings. In Alloy 
Piping v. United States, Slip Op. 04-134, (CIT 2004) (``Alloy Piping 
I''), the CIT instructed the Department to (1) reopen the record, seek 
additional relevant information regarding employee bonuses, and 
recalculate the general and administrative (``G&A'') expenses of Ta 
Chen; and (2) reconsider Ta Chen's U.S. indirect selling expenses and 
to account for all of Ta Chen's U.S. selling expenses incurred during 
fiscal year 1999.
    The Department complied with the CIT's remand instructions and 
issued its final results of redetermination pursuant to remand on 
February 14, 2005. See Final Results of Redetermination Pursuant to 
Remand (``Remand Results''). In the Remand Results, the Department 
reopened the record, sought

[[Page 50302]]

additional relevant information regarding employee bonuses and 
recalculated the G&A expenses of Ta Chen to include bonuses to both 
employees and directors/supervisors. The Department also reconsidered 
Ta Chen's U.S. indirect selling expenses and determined that there was 
no need to add financial interest expenses to Ta Chen's U.S. indirect 
selling expenses. Thus, the Department did not change Ta Chen's U.S. 
indirect selling expenses. As a result of the remand determination, the 
antidumping duty rate for Ta Chen was decreased from 6.11 to 6.10 
percent. The CIT did not receive comments from either the Petitioners 
or Ta Chen.
    On June 14, 2005, the CIT affirmed the Department's findings in the 
Remand Results. Specifically, the CIT affirmed the Department's 
recalculation of the G&A expenses for Ta Chen and the Department's 
decision not to add financial interest expenses to Ta Chen's U.S. 
indirect selling expenses. See Alloy Piping II.
    On July 1, 2005, consistent with the decision of the United States 
Court of Appeals for the Federal Circuit (``Federal Circuit'') in 
Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990) 
(``Timken''), the Department notified the public that the CIT's 
decision was ``not in harmony'' with the Final Results. See Notice of 
Court Decision and Suspension of Liquidation: Certain Stainless Steel 
Butt-Weld Pipe Fittings from Taiwan, 70 FR 126 (July 1, 2005) (``Timken 
Notice''). No party has appealed the CIT's decision. As there is now a 
final and conclusive court decision in this action, we are amending our 
final results of review and we will instruct CBP to liquidate entries 
subject to this review.

Amended Final Results

    Because no further appeals have been filed and there is now a final 
and conclusive decision in the court proceeding, we are amending the 
final results of administrative review of the antidumping order on 
certain stainless steel butt-weld pipe fittings from Taiwan for the 
period June 1, 1999, through May 31, 2000. The revised weight-averaged 
dumping margin are as follows:

------------------------------------------------------------------------
                       Company                         Margin (percent)
------------------------------------------------------------------------
Ta Chen.............................................                6.10
------------------------------------------------------------------------

    The Department will issue appraisement instructions directly to the 
CBP. The Department will instruct CBP to liquidate relevant entries 
covering the subject merchandise effective the date of publication of 
this notice.
    This notice is issued and published in accordance with section 
751(a)(1) of the Act.

    Dated: August 18, 2005.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4701 Filed 8-25-05; 8:45 am]
BILLING CODE 3510-DS-S