[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Notices]
[Pages 1174-1175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-356]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-816]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 8, 2008, the Department of Commerce (``Department'') 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty 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, 73 FR 38972 (July 8, 2008) (``Preliminary 
Results''). The merchandise covered by the 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, 2006, through May 31, 2007. We provided interested parties 
an opportunity to comment on our Preliminary Results. Based upon our 
analysis of the comments received, we made changes to the margin 
calculation. The final weighted-average dumping margin is listed below 
in the section titled ``Final Results of Review.''

EFFECTIVE DATE: January 12, 2009.

FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0195 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department's preliminary results of review were published on 
July 8, 2008. See Preliminary Results. We invited parties to comment on 
the Preliminary Results. We received case briefs from Markovitz 
Enterprises, Inc. (Flowline Division), Gerlin, Inc., Shaw Alloy Piping 
Products, Inc., and Taylor Forge Stainless, Inc. (collectively, 
``Petitioners'') (``Petitioners' Brief'') and from Ta Chen Stainless 
Pipe Co., Ltd. (``Ta Chen's Brief'') on August 7, 2008. We received 
rebuttal briefs from Petitioners on August 14, 2008 and Ta Chen on 
August 15, 2008 (``Petitioners' Rebuttal Brief'' and ``Ta Chen's 
Rebuttal Brief,'' respectively). Petitioners requested a public 
hearing, which was conducted on August 19, 2008. On August 20, 2008, Ta 
Chen submitted a letter asking that the Department solicit additional 
information on Ta Chen's costs of production. On August 22, 2008, 
Petitioners submitted a letter urging the Department to deny Ta Chen's 
request. On August 25, 2008, Ta Chen submitted a letter answering 
Petitioners' letter of August 22, 2008.

Scope of the Order

    The products subject to the 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 the order. The pipe 
fittings subject to the 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 the order 
is dispositive. Pipe fittings manufactured to American Society of 
Testing and Materials specification A774 are included in the scope of 
the 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 they had no entries of 
subject merchandise during the POR. See Preliminary Results at 38974. 
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 Final Results of Antidumping Duty 
Administrative Review of Certain Stainless Steel Butt-Weld Pipe 
Fittings from Taiwan (``Decision Memorandum''), dated January 5, 2009, 
which is hereby adopted by this notice. A list of the issues raised and 
to which we have responded is found in the Decision Memorandum, 
appended to this notice. The Decision Memorandum is on file in the 
Central Records Unit in room 1117 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.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period June 1, 2006, through May 
31, 2007:
    Manufacturer Weighted-Average Margin
    Ta Chen Stainless Pipe Co., Ltd 2.45 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 Tariff Act 
of 1930, as Amended (``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 
manufactured or exported 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

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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. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 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 certain 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 company 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 or a prior 
review, 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 the less-than-fair-value 
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.

Notification to 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.

Notification Regarding Administrative Protective Orders

    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(a)(3). 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: January 5, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

APPENDIX

Issues in Decision Memorandum

1. Calculation of Revised Cost of Production (``COP'')
2. Calculation of Storage Expenses
3. Constructed Export Price (``CEP'') Offset
4. Identification of Manufacturer
5. Ta Chen's Raw Material Cost
6. Calculation of CEP Profit Ratio
[FR Doc. E9-356 Filed 1-9-09; 8:45 am]
BILLING CODE 3510-DS-S