Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe From Romania: Notice of Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review, 1869-1870 [E5-61]

Download as PDF Federal Register / Vol. 70, No. 7 / Tuesday, January 11, 2005 / Notices the new shipper review were met, and in this case they were not. On December 6, 2004, the Department notified parties of its intent to rescind the review with respect to Watex because Watex failed to provide in its new shipper review request the necessary certification from the producer or supplier of the subject merchandise. The Department also determined that Watex provided misleading statements in its request for new shipper review and in its certification suggesting it was both the producer and exporter when it in fact was not. Based on these findings, the Department determined that it did not have a sufficient basis to initiate the new shipper review of Watex. See ‘‘Memorandum to the File: Antidumping New–Shipper Review of Certain Porcelain–on-Steel Cookware from the People’s Republic of China: Notification of Intent to Rescind,’’ dated December 6, 2004 (‘‘Intent to Rescind’’). The Department requested comments from interested parties on this issue no later than December 10, 2004. No parties filed any comments in response to the Department’s Intent to Rescind of December 6, 2004. Scope of the Order Imports covered by this order are shipments of POS, including teakettles, which do not have self–contained electric heating elements. All of the foregoing are constructed of steel and are enameled or glazed with vitreous glasses. The merchandise is currently classifiable under the Harmonized Tariff Schedule (‘‘HTS’’) item number 7323.94.00. The HTS item number is provided for convenience and customs purposes; the written description of the scope remains dispositive. Rescission of Review The Department is rescinding the new shipper review with respect to Watex. As noted above, Watex did not provide the proper certification, pursuant to 19 CFR 351.214(b)(2)(ii)(B), to meet the minimum requirements for entitlement to a new shipper review. In order to meet the minimum requirements for entitlement to a new shipper review, a company that is the exporter but not the producer of the subject merchandise for which it requests review must provide, among other things, (1) a certification that it did not export subject merchandise to the United States during the POI and (2) a certification from the person or company which produced or supplied the subject merchandise that the producer or supplier did not export the subject merchandise to the United VerDate jul<14>2003 17:22 Jan 10, 2005 Jkt 205001 States during the POI. See 19 CFR 351.214(2)(ii)(A) and (B). Watex did not provide a certification in accordance with 19 CFR 351.214(b)(2)(ii)(B), in its initial request, from the producer of subject merchandise that Watex sold or exported to the United States during the POR. Specifically, Watex was required to provide in its review request a certification from Ping An because Ping An produced the merchandise subject to this review, as confirmed by information contained in Watex’s Response. Therefore, Watex did not meet the minimum certification requirements for initiation of a new shipper review. A certification from the producer is fundamental to the Department’s initiation decision. Since Watex did not provide the certification, the Department has determined that Watex failed to provide all necessary certifications required to initiate and conduct a new shipper review. For these reasons and in accordance with our precedent, the Department is rescinding the new shipper review of the antidumping duty order on POS from the People’s Republic of China (‘‘PRC’’) with respect to Watex pursuant to 19 CFR 351.214(b)(2). See, e.g., Certain Preserved Mushrooms from the People’s Republic of China: Intent to Rescind Antidumping Duty New Shipper Review, 68 FR 45792 (August 4, 2003); Fresh Garlic from the People’s Republic of China: Partial Rescission of Antidumping Duty New Shipper Review, 67 FR 65782 (October 28, 2002). Cash Deposits Bonding is no longer permitted to fulfill security requirements for shipments from Watex of POS from the PRC entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this notice of rescission of antidumping duty new shipper review in the Federal Register. Further, effective upon publication of this notice for all shipments of the subject merchandise exported by Watex and entered, or withdrawn from warehouse, for consumption, the cash–deposit rate will be the PRC–wide rate, which is 66.65 percent. Notification to Interested Parties This notice serves as a 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 1869 reimbursement of antidumping duties occurred and subsequent assessment of double antidumping duties.This rescission notice is published in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214. Dated: January 3, 2005. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E5–39 Filed 1–10–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–485–805] Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe From Romania: Notice of Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 11, 2005. FOR FURTHER INFORMATION CONTACT: David Layton or Erin Begnal, China/ NME Unit, Office 8, AD/CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0371 and (202) 482–1442, respectively. SUPPLEMENTARY INFORMATION: On September 7, 2004, 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 small diameter carbon and alloy seamless standard, line, and pressure pipe from Romania. See Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe From Romania: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review and Preliminary Determination Not To Revoke in Part, 69 FR 54119 (September 7, 2004) (Seamless Pipe Preliminary Results). Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), the final results are currently due on January 5, 2005. AGENCY: Extension of Time Limit for Final Results Pursuant to section 751(a)(3)(A) of the Act,, the Department may extend the deadline for completion of the final E:\FR\FM\11JAN1.SGM 11JAN1 1870 Federal Register / Vol. 70, No. 7 / Tuesday, January 11, 2005 / Notices results of an administrative review if it determines that it is not practicable to complete the final results within the statutory time limit of 120 days from the date on which the preliminary results were published. The Department has determined that due to the complexity of the issues arising from Romania’s graduation to market economy status during the review period, it is not practicable to complete this review within the time limits mandated by section 751(a)(3)(A) of the Act and section 19 CFR 351.213(h)(1) of the Department’s regulations. Therefore, the Department is extending the time limit for the completion of these final results by 30 days. Accordingly, the final results of this review will now be due on February 4, 2005. This notice is published in accordance with section 751(a)(3)(A) of the Act and section 19 CFR 351.213(h)(2) of the Department’s regulations. Dated: January 5, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–61 Filed 1–10–05; 8:45 am] BILLING CODE 3510–DS–S 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 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 7, 2004, the Department of Commerce (‘‘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, 69 FR 40859 (July 7, 2004) (‘‘Preliminary Results’’). This review covers one manufacturer/exporter of the subject merchandise. The period of review (‘‘POR’’) is June 1, 2002, through May 31, 2003. We gave interested parties an opportunity to comment on the preliminary results. Based upon our analysis of the comments received, we AGENCY: VerDate jul<14>2003 18:39 Jan 10, 2005 Jkt 205001 have made no changes in the margin calculation. Therefore, the final results have not changed from the Preliminary Results of this review. The final weightaveraged dumping margin is listed below in the section titled ‘‘Final Results of the Review.’’ EFFECTIVE DATE: January 11, 2005. FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Alex Villanueva, AD/ CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone (202) 482–6905 or (202) 482–3208, respectively, fax (202) 482–9089. SUPPLEMENTARY INFORMATION: Background The Department’s preliminary results of review were published on July 7, 2003. See Preliminary Results. We invited parties to comment on the Preliminary Results. We received written comments on August 13, 2004, from Petitioners 1 and from Ta Chen Stainless Pipe Co., Ltd. (‘‘Ta Chen’’) and its wholly owned subsidiary Ta Chen International, Inc. (‘‘TCI’’). On August 20, 2004, we received rebuttal comments from Petitioners and Ta Chen. On October 20, 2004, the Department extended the final results of this review by 45 days until December 19, 2003. See Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan: Extension of Final Results of Antidumping Duty Administrative Review, 69 FR 61649, (October 20, 2004). On December 16, the Department fully extended the final results by the remaining 15 days, or until January 3, 2005. See Certain Stainless Steel ButtWeld Pipe Fittings from Taiwan: Extension of Final Results of Antidumping Duty Administrative Review, 69 FR 75305, (December 16, 2004). 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 1 Petitioners in this administrative review are Flowline Division of Markovitz Enterprise, Inc., Shaw Allow Piping Products, Inc., Gerlin, Inc., and Taylor Forge Stainless, Inc. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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’’), and PFP Taiwan Co., Ltd. (‘‘PFP’’) as we found that there were no entries of subject merchandise during the POR. See Preliminary Results at 40861. The Department received comments on this issue concerning Liang Feng and Tru-Flow. However, we continue to find that rescission of the review concerning Liang Feng, TruFlow and PFP is appropriate. Therefore, the Department is rescinding the review with respect to Liang Feng, Tru-Flow, 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 Stainless Steel Butt-Weld Pipe Fittings from Taiwan, (‘‘Decision Memorandum’’), dated January 3, 2005, 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 attached to this notice as Appendix I. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 70, Number 7 (Tuesday, January 11, 2005)]
[Notices]
[Pages 1869-1870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-61]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-805]


Certain Small Diameter Carbon and Alloy Seamless Standard, Line, 
and Pressure Pipe From Romania: Notice of Extension of Time Limit for 
the Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: January 11, 2005.

FOR FURTHER INFORMATION CONTACT: David Layton or Erin Begnal, China/NME 
Unit, Office 8, AD/CVD Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-0371 and (202) 482-1442, respectively.

SUPPLEMENTARY INFORMATION: On September 7, 2004, 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 small diameter carbon and alloy seamless 
standard, line, and pressure pipe from Romania. See Certain Small 
Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe 
From Romania: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review and Preliminary Determination Not To Revoke 
in Part, 69 FR 54119 (September 7, 2004) (Seamless Pipe Preliminary 
Results). Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, 
as amended (the Act), the final results are currently due on January 5, 
2005.

Extension of Time Limit for Final Results

    Pursuant to section 751(a)(3)(A) of the Act,, the Department may 
extend the deadline for completion of the final

[[Page 1870]]

results of an administrative review if it determines that it is not 
practicable to complete the final results within the statutory time 
limit of 120 days from the date on which the preliminary results were 
published. The Department has determined that due to the complexity of 
the issues arising from Romania's graduation to market economy status 
during the review period, it is not practicable to complete this review 
within the time limits mandated by section 751(a)(3)(A) of the Act and 
section 19 CFR 351.213(h)(1) of the Department's regulations. 
Therefore, the Department is extending the time limit for the 
completion of these final results by 30 days. Accordingly, the final 
results of this review will now be due on February 4, 2005.
    This notice is published in accordance with section 751(a)(3)(A) of 
the Act and section 19 CFR 351.213(h)(2) of the Department's 
regulations.

    Dated: January 5, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-61 Filed 1-10-05; 8:45 am]
BILLING CODE 3510-DS-S
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