[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Notices]
[Pages 67098-67099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19611]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-583-816)


Notice of Final Results and Final Rescission in Part of 
Antidumping Duty Administrative Review: Certain Stainless Steel Butt-
Weld Pipe Fittings From Taiwan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 13, 2006, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the administrative review of the order on certain stainless steel 
butt-weld pipe fittings from Taiwan. See Certain Stainless Steel Butt-
Weld Pipe Fittings From Taiwan: Preliminary Results of Antidumping Duty 
Administrative Review and Notice of Intent To Rescind in Part, 71 FR 
39663 (July 13, 2006) (``Preliminary Results''). The merchandise 
covered by this order is certain stainless steel butt-weld pipe 
fittings from Taiwan as described in the ``Scope of the Order'' section 
of this notice. The period of review (``POR'') is June 1, 2004, through 
May 31, 2005. We gave interested parties an opportunity to comment on 
the preliminary results. Based upon our analysis of the comments 
received, we made one change to the margin calculation. The final 
weight-averaged dumping margin is listed below in the section titled 
``Final Results of Review.''

EFFECTIVE DATE:  November 20, 2006.

FOR FURTHER INFORMATION CONTACT: Helen Kramer or Judy Lao, Office 7, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0405 or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department's preliminary results of review were published on 
July 13, 2006. See Preliminary Results. We invited parties to comment 
on the Preliminary Results. We received written comments on August 14, 
2006, from Flowline Division of Markovitz Enterprise, Inc., Shaw Allow 
Piping Products, Inc., Gerlin, Inc., and Taylor Forge Stainless, Inc., 
(collectively, ``petitioners''), and from Ta Chen Stainless Steel Pipe, 
Ltd. (``Ta Chen''). On August 21, 2006, we received rebuttal comments 
from petitioners and Ta Chen. The Department is conducting this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (``the Act'').

Scope of the Order

    The products subject to this order are certain stainless steel 
butt-weld pipe fittings, whether finished or unfinished, under 14 
inches inside diameter. Certain welded stainless steel butt-weld pipe 
fittings (``pipe fittings'') are used to connect pipe sections in 
piping systems where conditions require welded connections. The subject 
merchandise is used where one or more of the following conditions is a 
factor in designing the piping system: (1) Corrosion of the piping 
system will occur if material other than stainless steel is used; (2) 
contamination of the material in the system by the system itself must 
be prevented; (3) high temperatures are present; (4) extreme low 
temperatures are present; and (5) high pressures are contained within 
the system. Pipe fittings come in a variety of shapes, with the 
following five shapes the most basic: ``elbows,'' ``tees,'' 
``reducers,'' ``stub ends,'' and ``caps.'' The edges of finished pipe 
fittings are beveled. Threaded, grooved, and bolted fittings are 
excluded from this review. The pipe fittings subject to this review are 
classifiable under subheading 7307.23.00 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS 
subheading is provided for convenience and customs purposes, our 
written description of the scope of this review is dispositive. Pipe 
fittings manufactured to American Society of Testing and Materials 
specification A774 are included in the scope of this order.

Partial Rescission of Review

    In the Preliminary Results, the Department issued a notice of 
intent to rescind the review with respect to Liang Feng Stainless Steel 
Fitting Co., Ltd. (``Liang Feng''), Tru-Flow Industrial Co., Ltd. 
(``Tru-Flow''), Censor International Corporation (``Censor'') and PFP 
Taiwan Co., Ltd. (``PFP''), because we found that they had no entries 
of subject merchandise during the POR. See Preliminary Results at 
39663. As the Department received no comments on this notice of intent 
to rescind we continue to find that rescission of the review concerning 
Liang Feng, Tru-Flow, Censor, and PFP is appropriate. Therefore, the 
Department is rescinding the review with respect to Liang Feng, Tru-
Flow, Censor, and PFP.

[[Page 67099]]

Analysis of Comments Received

    All issues raised in the case briefs, as well as the Department's 
findings, in this administrative review are addressed in the Issues and 
Decision Memorandum for the Administrative Review of Certain Stainless 
Steel Butt-Weld Pipe Fittings from Taiwan; Final Results of Antidumping 
Duty Administrative Review (``Decision Memorandum''), dated November 
13, 2006, which is hereby adopted by this notice. A list of the issues 
raised and to which we have responded, all of which are in the Decision 
Memorandum, is appended to this notice. The Decision Memorandum is on 
file in the Central Records Unit in room B-099 of the main Commerce 
building, and can also be accessed directly on the Web at http://ia.ita.doc.gov. The paper copy and electronic version of the public 
version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made a 
minor correction to include deductions reported in the field BILLADJU 
(U.S. billing adjustments) in the discount and rebates adjustment to 
U.S. price. This did not change the margin. See the Decision Memorandum 
at Comment 5 and Sales Analysis Memorandum for the Final Results of 
Administrative Review of Certain Stainless Steel Pipe Butt-weld Pipe 
Fittings from Taiwan: Ta Chen Stainless Steel Pipe Co., Ltd. and Ta 
Chen International (CA) Corp., (November 13, 2006).

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period June 1, 2004, through May 
31, 2005:

------------------------------------------------------------------------
                                                              Weighted-
                                                               Average
                          Company                               Margin
                                                              (percent)
------------------------------------------------------------------------
Ta Chen Stainless Pipe Co., Ltd............................         0.79
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to section 751(a)(1)(B) of the Act and 19 
CFR 351.212(b). The Department calculated importer-specific duty 
assessment rates on the basis of the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of the examined sales for that importer. Where the 
assessment rate is above de minimis, we will instruct CBP to assess 
duties on all entries of subject merchandise produced by Ta Chen. 
Antidumping duties for the rescinded companies, Liang Feng, Tru-Flow, 
Censor, and PFP, shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(I). The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of these 
final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification applies to POR entries of 
subject merchandise produced by companies examined in this review 
(i.e., companies for which a dumping margin was calculated) where the 
companies did not know that their merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. For a full 
discussion of this clarification, see Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of stainless steel butt-weld pipe fittings from Taiwan 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of these final results, as provided by section 751(a) 
of the Act: (1) for the companies covered by this review, the cash 
deposit rate will be the rate listed above; (2) for merchandise 
exported by producers or exporters not covered in this review but 
covered in the less-than-fair-value investigation, the cash deposit 
rate will continue to be the company-specific rate from the most recent 
review; (3) if the exporter is not a firm covered in this review, a 
prior review, or less-than-fair-value the investigation, but the 
producer is, the cash deposit rate will be that established for the 
most recent period for the producer of the merchandise; and (4) the 
cash deposit rate for all other producers or exporters will be 51.01 
percent, the ``All Others'' rate established in the less-than-fair-
value investigation. These deposit requirements shall remain in effect 
until publication of the final results of the next administrative 
review.

Notification of Interested Parties

    This notice also 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 this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.
    This notice also is the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 13, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix - Issues in Decision Memorandum

Issues
1. Reliability of Ta Chen's Financial Statements
2. CEP Offset
3. CEP Profit Calculation
4. Calculation of Margin on Weight Basis
5. Alleged Calculation Errors
[FR Doc. E6-19611 Filed 11-17-06; 8:45 am]
BILLING CODE 3510-DS-S