[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Notices]
[Pages 66620-66621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29928]



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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, 2009, the Department of Commerce (``the 
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, and Notice of Intent Not to Revoke Order in Part, 
74 FR 32532 (July 8, 2009) (``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, 2007, through May 31, 
2008. 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: December 16, 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, 2009. See Preliminary Results. We invited parties to comment on 
the Preliminary Results. We received a case brief from the sole 
respondent, Ta Chen Stainless Pipe Co., Ltd. (``Ta Chen's Brief'') on 
August 10, 2009. We did not receive any case or rebuttal briefs from 
petitioners Flowline Division of Markovitz Enterprises, Inc., Shaw 
Alloy Piping Products, Inc., Core Pipe (formerly known as Gerlin, Inc.) 
and Taylor Forge Stainless, Inc.

Revocation

    On June 30, 2008, Ta Chen requested, under 19 CFR 351.222(b)(2) and 
(e), that the antidumping duty order, as it relates to Ta Chen, be 
revoked based on the absence of dumping, and included with its request 
certain company certifications regarding revocation. In this case, our 
margin calculation shows that Ta Chen sold the subject merchandise at 
less than normal value during the current review period. Additionally, 
Ta Chen predicates its request on the assumption that action by the 
Court of International Trade will result in recalculations for the two 
immediately preceding administrative reviews of margins at zero or de 
minimis. While we acknowledge that the Department's determinations in 
the two prior segments of this proceeding are currently in litigation, 
there is no final and conclusive judgment from any court supporting Ta 
Chen's arguments or invalidating the Department's findings in the prior 
administrative reviews. See Preliminary Results at 32533-34. 
Accordingly, we determine, pursuant to 19 CFR 351.222(b)(2), that 
revocation of the order with respect to Ta Chen is not warranted.

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 32533. 
As the Department received no comments on our intent to rescind, we 
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 brief, 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 December 7, 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, 2007, through May 
31, 2008:

------------------------------------------------------------------------
                                                       Weighted-Average
                    Manufacturer                            Margin
------------------------------------------------------------------------
Ta Chen Stainless Pipe Co., Ltd.....................        0.82 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

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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 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: December 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.

APPENDIX

Issues in Decision Memorandum

1. Purchased Fittings
2. Calculation of General and Administrative (``G&A'') Expenses
3. Ta Chen's Raw Material and Conversion Cost Variances
4. Constructed Export Price (``CEP'') Offset
5. Basis of Dumping Margin Calculation
6. Calculation of CEP Profit Ratio
[FR Doc. E9-29928 Filed 12-15-09; 8:45 am]
BILLING CODE 3510-DS-S