[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22324-22325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9142]


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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 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 (the ``Department'') Final Results of 
Determination Pursuant to Remand (``Remand Results''), dated August 16, 
2004, 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 of review 
(``POR'') June 1, 1998, through May 31, 1999. See Certain Stainless 
Steel Butt-Weld Pipe Fittings Final Results of Antidumping Duty 
Administrative Review, 65 FR 81827, 81828 (December 27, 2000) (``Final 
Results''). On June 5, 2006, Ta Chen Stainless Steel Pipe, Ltd. (``Ta 
Chen'') appealed the CIT's decision to the Court of Appeals for the 
Federal Circuit (``CAFC''). On September 21, 2006, the CAFC dismissed 
the appeal pursuant to the parties' dismissal agreement. See Ta Chen 
Stainless Steel Pipe, Ltd., v. United States, 208 Fed. Appx. 818, 2006 
U.S. App. LEXIS 24777 (Fed. Cir. 2006) (``Ta Chen Stainless Steel''). 
Because Alloy Piping II constitutes 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.

DATES: EFFECTIVE DATE:April 25, 2008.

FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Alex 
Villanueva, AD/CVD Operations,

[[Page 22325]]

Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, 
DC 20230; telephone: 202-482-3208.

SUPPLEMENTARY INFORMATION:

BACKGROUND

    Following publication of the Final Results, Ta Chen filed a lawsuit 
with the CIT challenging the Department's findings. In Alloy Piping v. 
United States, Slip Op. 04-46 (CIT 2004) (``Alloy Piping I''), the CIT 
remanded the Department's final results to permit it: (1) to reconsider 
the factual and legal basis for its determination concerning the 
alleged reimbursement agreement; (2) to reconsider its calculation of 
constructed export price (``CEP'') profit; and (3) the opportunity to 
fully articulate the reasoning underlying its findings, conclusions and 
determination on the remanded issues.
    The Department complied with the CIT's remand instructions and 
issued its Remand Results on August 16, 2004. See 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, did not apply for the June 1, 1998, through May 31, 1999, 
period, but was instead 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. The CIT did 
not receive comments from any interested parties regarding the 
Department's Remand Results.
    On April 6, 2006, the CIT affirmed the Department's findings in the 
Remand Results. Specifically, the CIT affirmed the Department's finding 
that Ta Chen did not reimburse antidumping duties during the POR and 
the Department's decision not to change Ta Chen's CEP profit 
calculation. See Alloy Piping II. On April 18, 2006, consistent with 
the decision of the United States Court of Appeals for the Federal 
Circuit in Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990), 
the Department notified the public that the CIT's decision was ``not in 
harmony'' with the Final Results. See Certain Stainless Steel Butt-Weld 
Pipe Fittings from Taiwan: Notice of Court Decision and Suspension of 
Liquidation, 71 FR 19873 (April 18, 2006).
    On June 5, 2006, Ta Chen appealed the CIT's decision to the CAFC. 
On September 21, 2006, in Ta Chen Stainless Steel, the CAFC dismissed 
the appeal pursuant to the parties' dismissal agreement. Because Alloy 
Piping II constitutes 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 of June 1, 1998, through May 31, 1999. The revised weight-
averaged dumping margin is as follows:

------------------------------------------------------------------------
                                                                 Amended
                        Company                          Final    Final
                                                         Margin   Margin
------------------------------------------------------------------------
Ta Chen...............................................    12.84     6.42
------------------------------------------------------------------------

ASSESSMENT RATES

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR 
351.212(b)(1), we have calculated importer-specific assessment rates. 
Where the importer-specific assessment rate is above de minimis on an 
ad valorem basis, calculated by dividing the dumping margins found on 
examined subject merchandise by the estimated entered value, we will 
instruct CBP to assess antidumping duties on that importer's entries of 
subject merchandise. In accordance with 19 CFR 351.106(c)(2), we will 
instruct CBP to liquidate without regard to antidumping duties any 
entries for which the importer-specific assessment rate is de minimis 
(i.e., less than 0.5 percent ad valorem). The Department will issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of these amended final results of review.
    This notice is issued and published in accordance with section 
751(a)(1) of the Tariff Act of 1930, as amended.

    Dated: April 18, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-9142 Filed 4-24-08; 8:45 am]
BILLING CODE 3510-DS-S