[Federal Register Volume 71, Number 74 (Tuesday, April 18, 2006)]
[Notices]
[Pages 19873-19874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3743]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-816]


Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: 
Notice of Court Decision and Suspension of Liquidation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 6, 2006, in Alloy Piping Products, Inc., Flowline 
Division, et al. v. United States, Slip Op. 06-47, (``Alloy Piping 
II''), the Court of International Trade (``CIT'') affirmed the 
Department of Commerce's (``Department'') Final Results of 
Determination Pursuant to Remand (``Remand Results''), dated August 16, 
2004. Consistent with the decision of the U.S. Court of Appeals for the 
Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 
(Fed. Cir. 1990) (``Timken''), the Department will

[[Page 19874]]

continue to order the suspension of liquidation of the subject 
merchandise, where appropriate, until there is a ``conclusive'' 
decision in this case. If the case is not appealed, or if it is 
affirmed on appeal, the Department will instruct U.S. Customs and 
Border Protection (``CBP'') to liquidate all relevant entries from Ta 
Chen Stainless Steel Pipe, Ltd. (``Ta Chen'') and revise the cash 
deposit rates as appropriate.

EFFECTIVE DATE: April 18, 2006.

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, Ta Chen filed a lawsuit 
with the CIT challenging the Department's findings in Certain Stainless 
Steel Butt-Weld Pipe Fittings From Taiwan and Accompanying Issues and 
Decisions Memorandum; Final Results of 1998-1999 Administrative Review, 
65 FR 81827, 81830 (December 27, 2000) (``Final Results'').\1\ In Alloy 
Piping v. United States, Slip Op. 04-46 (CIT 2004) (``Alloy Piping 
I''), the CIT instructed the Department to (1) reconsider the factual 
and legal basis for its determination concerning the alleged 
reimbursement agreement; and (2) reconsider its calculation of CEP\2\ 
profit.
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    \1\ The period of review is June 1, 1998, through May 31, 1999 
(``POR'').
    \2\ Constructed Export Price
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    The Draft Final Results Pursuant to Remand (``Draft Results'') were 
released to parties on August 5, 2004. The Department received comments 
from interested parties on the Draft Results on August 9, 2004. There 
were no substantive changes made to the Remand Results as a result of 
comments received on the Draft Results. On August 16, 2004, the 
Department responded to the CIT's Order of Remand by filing the Remand 
Results. In the Remand Results, the Department reconsidered its 
decision concerning the reimbursement agreement and determined that the 
reimbursement agreement, in light of the new information submitted by 
Ta Chen on May 18, 2004, indicated that the reimbursement agreement did 
not apply for the June 1, 1998, through May 31, 1999, period, but was 
limited to the 1992-1994 period. The Department also reconsidered its 
CEP Profit calculation and determined that the CEP Profit equation is 
symmetric with regard to the imputed interest expenses such that the 
imputed interest expenses in the ``Total U.S. Expenses'' numerator are 
in fact reflected in recognized financial expenses in the ``Total 
Expenses'' denominator and the ``Total Actual Profit'' multiplier. 
Thus, the Department did not change Ta Chen's CEP Profit. As a result 
of the remand determination, the antidumping duty rate for Ta Chen was 
decreased from 12.84 to 6.42 percent.
    On April 6, 2006, the CIT affirmed the Department's findings in the 
Remand Results. Specifically, the CIT upheld the Department's finding 
that Ta Chen was not reimbursing antidumping duties during the POR and 
that the Department's calculation of CEP profit was accurate. See Alloy 
Piping II. As noted above, this revision resulted in a change in Ta 
Chen's margin.

Suspension of Liquidation

    The CAFC, in Timken, held that the Department must publish notice 
of a decision of the CIT or the CAFC which is not ``in harmony'' with 
the Department's final determination or results. Publication of this 
notice fulfills that obligation. The CAFC also held that the Department 
must suspend liquidation of the subject merchandise until there is a 
``conclusive'' decision in the case. Therefore, pursuant to Timken, the 
Department must continue to suspend liquidation pending the expiration 
of the period to appeal the CIT's April 6, 2006, decision, or, if that 
decision is appealed, pending a final decision by the CAFC. The 
Department will instruct Customs to revise cash deposit rates, as 
appropriate, and to liquidate relevant entries covering the subject 
merchandise in the event that the CIT's ruling is not appealed, or if 
appealed and upheld by the CAFC.

    Dated: April 13, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. 06-3743 Filed 4-17-06; 8:45 am]
BILLING CODE 3510-DS-S