[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Notices]
[Pages 33726-33727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9124]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes from Thailand: 
Notice of Court Decision Not In Harmony with Final Results of 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 16, 2006, the Court of International Trade (CIT) 
sustained the Department of Commerce's (Department's) redetermination 
regarding the 2002-2003 antidumping duty administrative review of 
certain welded carbon steel pipes and tubes (pipes and tubes) from 
Thailand. Pursuant to the Court's remand order, in its redetermination 
the Department deducted section 201 duties from export price in 
accordance with 19 U.S.C. Sec.  1677a(c)(2)(A). Consistent with the 
decision of the United States Court of

[[Page 33727]]

Appeals for the Federal Circuit (Federal Circuit) in The Timken Company 
v. United States and China National Machinery and Equipment Import and 
Export Corporation, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the 
Department is publishing this notice of the CIT's decision which is not 
in harmony with the Department's determination in the 2002-2003 
antidumping duty administrative review of pipes and tubes from 
Thailand.

EFFECTIVE DATE: May 26, 2006.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Dana 
Mermelstein, AD/CVD Operations, Office 6, Import Administration, Room 
1870, International Trade Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW, Washington, DC 20230; 
telephone: (202) 482-5255 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 5, 2002, the President of the United States imposed 
safeguard duties on imports of certain steel products under Section 201 
of the Trade Act of 1974. See Proclamation No. 7529, 67 FR 10553 (March 
7, 2002) (section 201 duties). This proclamation mandated payment of a 
15 percent duty on certain imported steel products from March 20, 2002, 
through March 19, 2003. Id. at 10590. These duties were applicable to 
the merchandise that is also subject to the antidumping duty order on 
pipes and tubes from Thailand.
    On April 8, 2004, the Department issued the preliminary results of 
the administrative review covering the period March 1, 2002, through 
February 28, 2003. See Certain Welded Carbon Steel Pipes and Tubes from 
Thailand: Preliminary Results of Antidumping Duty Administrative 
Review, 69 FR 18539 (Preliminary Results). This administrative review 
involved one company, Saha Thai Steel Pipe Company, Ltd. (Saha Thai). 
For purposes of the preliminary results of review, the Department 
decided not to adjust U.S. price, pending the Department's final 
consideration of comments solicited in Antidumping Proceedings: 
Treatment of Section 201 Duties and CVD Duties, 68 FR 53104 (September 
9, 2003), on the treatment of section 201 duties. The resulting 
antidumping duty margin was 2.00 percent. See Preliminary Results. In 
the final results of review, after considering the arguments of the 
parties, the Department followed the practice established in Stainless 
Steel Wire Rod from Republic of Korea: Final Results of Antidumping 
Duty Administrative Review, 69 FR 19153 (April 12, 2004) (Final 
Results) and did not deduct the section 201 duties from EP. The margin 
calculated for the final results was de minimis (0.17 percent). See 
Certain Welded Carbon Steel Pipes and Tubes from Thailand: Final 
Results of Antidumping Duty Administrative Review, 69 FR 61649 (October 
20, 2004).
    Before the court, the plaintiffs, domestic parties (Wheatland Tube 
Company and Allied Tube & Conduit Corporation), raised three issues - 
two related to section 201 duties - and one related to duty drawback. 
The Court affirmed the Department on two issues - the duty drawback and 
the adjustment to U.S. price for billing adjustments tied to the 
section 201 duties. Wheatland Tube Co. v. United States, 414 F. Supp. 
2d. 1271 (CIT 2006). However, the Court overturned the Department's 
decision to treat section 201 duties in the same way it treats 
antidumping duties and directed the Department ``to recalculate Saha 
Thai's dumping margin after deducting section 201 duties from EP 
(export price) in accordance with 19 U.S.C. Sec.  1677a(c)(2)(A).'' Id. 
At 1288.
    On March 1, 2006, the Department filed the results of its 
redetermination pursuant the Court's remand. In the redetermination, 
the Department followed the Court's order and deducted the section 201 
duties from export price. The resulting antidumping duty margin was 
4.13 percent. On May 16, 2006, the Court sustained the Department's 
remand redetermination. Wheatland Tube Co. v. United States, Slip Op 
06-71.

Notification

    In its decision in Timken, the Federal Circuit held that, pursuant 
to 19 U.S.C. 1516a(e), the Department must publish notice of a CIT 
decision which is not ``in harmony'' with the Department's 
determination. The CIT's decision in Wheatland Tube Company regarding 
the 201 duties is not in harmony with the Department's determination in 
the final results of 2002-2003 antidumping duty administrative review 
of pipes and tubes from Thailand. Therefore, publication of this notice 
fulfils the Department's obligation under 19 U.S.C. 1516a(e). The 
Department will enforce the injunction still in place by continuing to 
suspend liquidation of any unliquidated entries, pending the expiration 
of the period to appeal the CIT's May 16, 2006, decision, or, if that 
decision is appealed, pending a final decision by the Federal Circuit. 
If the CIT decision becomes final and conclusive, the Department will 
issue amended final results and amended customs instructions.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: June 5, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-9124 Filed 6-9-06; 8:45 am]
BILLING CODE 3510-DS-S