Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan: Final Results and Final Rescission in Part of Antidumping Duty Administrative Review, 1870-1871 [E5-62]
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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
Federal Register / Vol. 70, No. 7 / Tuesday, January 11, 2005 / Notices
public memorandum which is on file at
the U.S. Department of Commerce, in
the Central Records Unit, in room B–
099. In addition, a complete version of
the Decision Memorandum can be
accessed directly on the Web at
www.ia.ita.doc.gov.2
Sales Below Cost in the Home Market
As discussed in more detail in the
Preliminary Results, the Department
disregarded home market below-cost
sales that failed the cost test in the final
results of review.
Changes Since the Preliminary Results
A list of the issues which parties have
raised and to which we have responded,
all of which are in the Decision
Memorandum, is attached to this notice
as Appendix I. Based on our analysis of
the comments received, we have made
no changes in the margin calculation.
Final Results of the Review
We determine that the following
percentage weighted-average margin
exists for the period June 1, 2002,
through May 31, 2003:
CERTAIN STAINLESS STEEL BUTTWELD PIPE FITTINGS FROM TAIWAN
Producer/ manufacturer/exporter
Weightedaverage
margin
(percent)
Ta Chen Stainless Pipe Co., Ltd
5.08
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries. In
accordance with 19 CFR 351.212(b)(1),
we have calculated an importer-specific
assessment rate for merchandise subject
to this review. The Department will
issue appropriate assessment
instructions directly to CBP within 15
days of publication of these final results
of review. We will direct CBP to assess
the resulting assessment rates against
the entered customs values for the
subject merchandise on each of the
importer’s entries during the review
period. For duty assessment purposes,
we calculated importer-specific
assessment rates by dividing the
dumping margins calculated for each
importer by the total entered value of
sales for each importer during the POR.
2 The paper copy and electronic version of the
public version of the Decision Memorandum are
identical in content.
VerDate jul<14>2003
17:22 Jan 10, 2005
Jkt 205001
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, the following deposit
requirements will be effective upon
publication of this notice of final results
of administrative review for all
shipments of certain stainless steel buttweld pipe fittings from Taiwan entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication: (1) The cash deposit rate for
Ta Chen will be the rate shown above;
(2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers shall
continue to be 51.01 percent.
These deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
Notification of Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) 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 the subsequent assessment
of doubled antidumping duties.
This notice also serves as the only
reminder to parties subject to
administrative protective orders
(‘‘APO’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with 19 C.F.R.
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 terms
of an APO is a violation which is subject
to sanction.
We are issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i) of the
Act.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
1871
Dated: January 3, 2005.
James J. Jochum,
Assistant Secretary for Import
Administration.
Appendix I—List of Issues for
Discussion
Comment 1: Adverse Facts Available
(‘‘AFA’’) for the Emerdex Companies 3
Comment 2: Partial AFA for Dragon Stainless
Inc. (‘‘Dragon Stainless’’) Selling Expenses
Comment 3: Whether To Apply Total AFA
for Ta Chen
Comment 4: Constructed Export Price
(‘‘CEP’’) Offset and Level of Trade (‘‘LOT’’)
Comment 5: CEP Profit
Comment 6: Date of Sale for Home and U.S.
Market Sales
Comment 7: Overstated Home Market
Packing Expenses
Comment 8: Short-Term Borrowing
Comment 9: Total AFA for Liang Feng and
Tru-Flow
[FR Doc. E5–62 Filed 1–10–05; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
I.D. 060804F
Endangered Fish and Wildlife; Notice
of Intent to Prepare an Environmental
Impact Statement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice of Public Scoping and
Intent (NOI) to prepare an
Environmental Impact Statement (EIS);
request for written comments.
AGENCY:
SUMMARY: NMFS will be preparing an
EIS to analyze the potential impacts of
applying new criteria in guidelines to
determine what constitutes a ‘‘take’’ of
a marine mammal under the Marine
Mammal Protection Act (MMPA) and
Endangered Species Act (ESA) as a
result of exposure to anthropogenic
noise in the marine environment. This
notice describes the proposed action
and possible alternatives and also
describes the proposed scoping process.
DATES: NMFS will hold 4 public
meetings to obtain comments on the
scope of issues to be addressed in the
EIS. The locations of the meetings are
San Francisco, CA; Seattle, WA; Boston,
MA; and Silver Spring, MD. See
Supplementary Information for
3 The Department will address all the Emerdex
companies within this comment: Emerdex Stainless
Flat Roll Products (‘‘Emerdex 1’’), Emerdex
Stainless Steel (‘‘Emerdex 2’’), Emerdex Group, Inc.
(‘‘Emerdex 3’’) and Emerdex Shutters (‘‘Emerdex
4’’).
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 70, Number 7 (Tuesday, January 11, 2005)]
[Notices]
[Pages 1870-1871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-62]
-----------------------------------------------------------------------
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 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 have made no changes in the margin calculation. Therefore, the final
results have not changed from the Preliminary Results of this review.
The final weight-averaged 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 Butt-Weld 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'').
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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, Tru-Flow 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
[[Page 1871]]
public memorandum which is on file at the U.S. Department of Commerce,
in the Central Records Unit, in room B-099. In addition, a complete
version of the Decision Memorandum can be accessed directly on the Web
at www.ia.ita.doc.gov.\2\
---------------------------------------------------------------------------
\2\ The paper copy and electronic version of the public version
of the Decision Memorandum are identical in content.
---------------------------------------------------------------------------
Sales Below Cost in the Home Market
As discussed in more detail in the Preliminary Results, the
Department disregarded home market below-cost sales that failed the
cost test in the final results of review.
Changes Since the Preliminary Results
A list of the issues which parties have raised and to which we have
responded, all of which are in the Decision Memorandum, is attached to
this notice as Appendix I. Based on our analysis of the comments
received, we have made no changes in the margin calculation.
Final Results of the Review
We determine that the following percentage weighted-average margin
exists for the period June 1, 2002, through May 31, 2003:
Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan
------------------------------------------------------------------------
Weighted-
average
Producer/ manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Ta Chen Stainless Pipe Co., Ltd............................. 5.08
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have
calculated an importer-specific assessment rate for merchandise subject
to this review. The Department will issue appropriate assessment
instructions directly to CBP within 15 days of publication of these
final results of review. We will direct CBP to assess the resulting
assessment rates against the entered customs values for the subject
merchandise on each of the importer's entries during the review period.
For duty assessment purposes, we calculated importer-specific
assessment rates by dividing the dumping margins calculated for each
importer by the total entered value of sales for each importer during
the POR.
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, the following
deposit requirements will be effective upon publication of this notice
of final results of 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 date of
publication: (1) The cash deposit rate for Ta Chen will be the rate
shown above; (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
less-than-fair-value (LTFV) investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers shall continue to be 51.01
percent.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 the subsequent
assessment of doubled antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 C.F.R. 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 terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: January 3, 2005.
James J. Jochum,
Assistant Secretary for Import Administration.
Appendix I--List of Issues for Discussion
Comment 1: Adverse Facts Available (``AFA'') for the Emerdex
Companies \3\
---------------------------------------------------------------------------
\3\ The Department will address all the Emerdex companies within
this comment: Emerdex Stainless Flat Roll Products (``Emerdex 1''),
Emerdex Stainless Steel (``Emerdex 2''), Emerdex Group, Inc.
(``Emerdex 3'') and Emerdex Shutters (``Emerdex 4'').
---------------------------------------------------------------------------
Comment 2: Partial AFA for Dragon Stainless Inc. (``Dragon
Stainless'') Selling Expenses
Comment 3: Whether To Apply Total AFA for Ta Chen
Comment 4: Constructed Export Price (``CEP'') Offset and Level of
Trade (``LOT'')
Comment 5: CEP Profit
Comment 6: Date of Sale for Home and U.S. Market Sales
Comment 7: Overstated Home Market Packing Expenses
Comment 8: Short-Term Borrowing
Comment 9: Total AFA for Liang Feng and Tru-Flow
[FR Doc. E5-62 Filed 1-10-05; 8:45 am]
BILLING CODE 3510-22-P
