[Federal Register Volume 73, Number 4 (Monday, January 7, 2008)]
[Notices]
[Pages 1202-1204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25644]


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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 2, 2007, 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, 72 FR 
35970 (July 2, 2007) (``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, 2005, through May 31, 
2006. We gave interested parties an opportunity to comment on the 
preliminary results. Based upon our analysis of the comments received, 
we did not make any changes to the margin calculation. The final 
weight-averaged dumping margin is listed below in the section titled 
``Final Results of Review.''

EFFECTIVE DATE: January 7, 2008.

FOR FURTHER INFORMATION CONTACT: Judy Lao or John Drury, 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) (202) 
482-7924 or (202) 482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department's preliminary results of review were published on 
July 2, 2007. See Preliminary Results. We invited parties to comment on 
the Preliminary Results. Subsequent to our Preliminary Results, on July 
11, 2007, we issued Ta Chen Stainless Steel Pipe, Ltd. (``Ta Chen''), a 
supplemental questionnaire requesting additional information regarding 
its reporting of affiliates. See Preliminary Results at 72 FR 35971. Ta 
Chen submitted its response to our July 11, 2007, affiliations 
questionnaire on July 27, 2007. On August 10, 2007, Flowline Division 
of Markovitz Enterprise, Inc., Shaw Allow Piping Products, Inc., 
Gerlin, Inc., and Taylor Forge Stainless, Inc., (collectively, 
``petitioners'') commented on Ta Chen's July 11, 2007, affiliations 
questionnaire response. On August 22, 2007, Ta Chen responded to 
petitioners' August 10, 2007 comments regarding its affiliations 
questionnaire response. We received case briefs from petitioners on 
September 10, 2007, and case briefs from Ta Chen on September 11, 2007. 
On September 17, 2007, we received rebuttal comments from petitioners 
and Ta Chen. Petitioners requested a hearing, which was conducted on 
September 20, 2007.

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

[[Page 1203]]

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 order 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 order 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 
35971. As the Department received no comments on our 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.

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 December 
27, 2007, which is hereby adopted by this notice. A list of the issues 
raised and to which we have responded 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.

Affiliation

    In the Preliminary Results the Department noted that in this 
proceeding there is an ongoing claim by petitioners that Ta Chen and 
its U.S. affiliate, Ta Chen International (``TCI'') have several 
related parties that were not disclosed in its financial statements. 
See Preliminary Results at 72 FR 35971. Therefore, petitioners claim 
that the Department should not rely on Ta Chen's and TCI's financial 
statements, and thus its underlying accounting records. The Department 
noted its intent to solicit additional information from Ta Chen 
regarding its current affiliation with certain entities alleged by 
petitioners. As mentioned in the ``Background'' section of this notice, 
the Department issued Ta Chen an additional supplemental questionnaire 
on July 27, 2007, regarding alleged affiliates. Based upon our analysis 
of Ta Chen's responses, we continue to find, as in our Preliminary 
Results, that Ta Chen and TCI accurately disclosed their related 
parties, and that their financial statements are reliable. Therefore, 
the Department has relied upon information from Ta Chen's and TCI's 
financial statements, and thus underlying accounting records for the 
purposes of our final results of review. The Department determines that 
the evidence on the record does not warrant a finding that we should 
disregard Ta Chen's or TCI's financial statements. See Decision 
Memorandum at Comment 1 for further discussion.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period June 1, 2005, through May 
31, 2006:

------------------------------------------------------------------------
                                                       Weighted-Average
                                                            Margin
------------------------------------------------------------------------
Ta Chen Stainless Pipe Co., Ltd.....................        0.52 percent
------------------------------------------------------------------------

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 intends to issue appropriate 
assessment instructions to CBP 15 days after the date 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 
further notice.

[[Page 1204]]

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: December 27, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

APPENDIX - Issues in Decision Memorandum

ISSUES

1. Reliability of Ta Chen's Financial Statements & Reported 
Affiliations
2. CEP Offset
3. LOT Adjustment
4. CEP Profit Calculation
[FR Doc. E7-25644 Filed 1-4-08; 8:45 am]
BILLING CODE: 3510-DS-S