Certain Stainless Steel Butt-Weld Pipe Fittings from Japan, South Korea, and Taiwan; Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 53631-53632 [E5-4940]

Download as PDF Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices differences in packing and for movement expenses in accordance with sections 773(a)(6)(A) and (B) of the Act. We also made adjustments for differences in circumstances of sale in accordance with section 773(a)(6)(C)(iii) of the Act and 19 CFR 351.401. Specifically, we made circumstance–ofsale adjustments by deducting home– market direct selling expenses from and adding U.S. direct selling expenses to normal value. Preliminary Results of Review As a result of our review, we preliminarily determine that a margin of 0.00 percent exists for RDM/CPFL for the period December 1, 2003, through November 30, 2004. Pursuant to 19 CFR 351.224(b), the Department will disclose to parties calculations performed in connection with these preliminary results within five days of the date of publication of this notice. Any interested party may request a hearing within 30 days of publication of this notice. A hearing, if requested, will be held at the main Department building. We will notify parties of the exact date, time, and place for any such hearing. Issues raised in hearings will be limited to those raised in the respective case and rebuttal briefs. Case briefs from interested parties may be filed no later than 30 days after publication of this notice. Rebuttal briefs, limited to the issues raised in case briefs, may be submitted no later than five days after the deadline for filing case briefs. Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue and a brief summary of the argument with an electronic version included. The Department will publish a notice of final results of this administrative review, which will include the results of its analysis of issues raised in the case briefs, within 120 days from the date of publication of these preliminary results. Assessment The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Upon completion of this review, the Department will issue appraisement instructions directly to the CBP. Further, the following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of silicomanganese entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section VerDate Aug<18>2005 15:19 Sep 08, 2005 Jkt 205001 751(a)(1) of the Act: (1) the cash–deposit rate for RDM/CPFL will be the rate established in the final results of review; (2) for previously reviewed or investigated companies not mentioned 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 less–than-fair–value (LTFV) investigation, but the manufacturer is, then the cash–deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) if neither the exporter nor the producer is a firm covered in this review, a prior review, or the LTFV investigation, the cash– deposit rate shall be 17.60 percent, the all–others rate established in the LTFV investigation. See Notice of Final Determination of Sales at Less Than Fair Value: Silicomanganese from Brazil, 59 FR 55432 (November 7, 1994). These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. This notice serves as a primary 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 the subsequent assessment of double antidumping duties. We are publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 2, 2005. Barbara E. Tillman, Acting Assistant Secretary for Import Administration. [FR Doc. E5–4939 Filed 9–8–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–588–702, A–580–813, A–583–816] Certain Stainless Steel Butt–Weld Pipe Fittings from Japan, South Korea, and Taiwan; Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 2, 2005, the Department of Commerce (the AGENCY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 53631 Department) initiated sunset reviews of the antidumping duty orders on certain stainless steel butt–weld pipe fittings (pipe fittings) from Japan, South Korea, and Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of a notice of intent to participate and adequate substantive responses filed on behalf of domestic interested parties and no response from respondent interested parties, the Department conducted expedited (120–day) sunset reviews. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified below in the ‘‘Final Results of Review’’ section of this notice. EFFECTIVE DATE: September 9, 2005. FOR FURTHER INFORMATION CONTACT: Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, telephone (202) 482–1391. SUPPLEMENTARY INFORMATION: Background On February 2, 2005, the Department initiated sunset reviews of the antidumping duty orders on pipe fittings from Japan, Korea, and Taiwan pursuant to section 751(c) of the Act. See Initiation of Five–Year (‘‘Sunset’’) Reviews, 69 FR 69891 (Feb. 2, 2005). The Department received notices of intent to participate from four domestic interested parties, Flowline Division of Markovitz Enterprises, Inc. (Flowline), Gerlin, Inc. (Gerlin), Shaw Alloy Piping Products, Inc. (formerly Alloy Piping Products, Inc.) (Shaw), and Taylor Forge Stainless, Inc. (Taylor Forge) (collectively, domestic interested parties), within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations. Domestic interested parties claimed interested party status under section 771(9)(C) of the Act as U.S. producers of a domestic like product. We received a complete substantive response from the domestic interested party within the 30–day deadline specified in 19 CFR 351.218(d)(3)(i). However, we did not receive any responses from any respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset reviews of these orders. E:\FR\FM\09SEN1.SGM 09SEN1 53632 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices On May 26, 2005, the Department extended the time limit for final results of these sunset reviews to not later than August 31, 2005. See Stainless Steel Butt–Weld Pipe Fittings from Japan, Korea, and Taiwan: Extension of Time Limit for the Final Results of Sunset Reviews of Antidumping Duty Orders, 70 FR 30416 (May 26, 2005). Scope of the Orders Japan The products covered by this order include certain stainless steel butt–weld pipe and tube fittings, or SSPFs. These fittings are used in piping systems for chemical plants, pharmaceutical plants, food processing facilities, waste treatment facilities, semiconductor equipment applications, nuclear power plants and other areas. This merchandise is classifiable under the Harmonized Tariff Schedules of the United States (HTSUS) item number 7307.23.0000. While the HTS item number is provided for convenience and for Customs purposes, the written product description remains dispositive as to the scope of the product coverage. South Korea The products subject to this order are certain welded stainless steel butt–weld pipe fittings (pipe fittings), whether finished or unfinished, under 14 inches in inside diameter. Pipe fittings are used to connect pipe sections in piping systems where conditions require welded connections. The subject merchandise can be 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; (5) high pressures are contained within the system. Pipe fittings come in a variety of shapes, and the following five are the most basic: ‘‘elbows,’’ ‘‘tees,’’ ‘‘reducers,’’ ‘‘stub ends,’’ and ‘‘caps.’’ The edges of finished fittings are beveled. Threaded, grooved, and bolted fittings are excluded from this review. The pipe fittings subject to this order are classifiable under subheading 7307.23.00 of the Harmonized Tariff Schedules of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive. VerDate Aug<18>2005 15:19 Sep 08, 2005 Jkt 205001 Taiwan 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 order are classifiable under subheading 7307.23.00 of the Harmonized Tariff Schedules 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. Analysis of Comments Received All issues raised in these cases are addressed in the ‘‘Issues and Decision Memorandum’’ from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated August 30, 2005, (Decision Memorandum), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these sunset reviews and the corresponding recommendations in this public memorandum, which is on file in room B–099 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at https:// ia.ita.doc.gov, under the heading ‘‘September 2005.’’ The paper copy and electronic version of the Decision Memorandum are identical in content. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Final Results of Reviews We determine that revocation of the antidumping duty orders on pipe fittings from Japan, Korea, and Taiwan would likely lead to continuation or recurrence of dumping at the following percentage weighted–average margins: Manufacturers/Exporters/Producers Weighted–Average Margin (Percent) Japan. Mie Horo ....................... Nippon Benkan Kogyo, K.K. ........................... All Others ...................... South Korea. The Asia Bend Co. Ltd. All Others ...................... Taiwan. Tachia Yung Ho Machine Industry Co., Ltd. ............................ Ta Chen Stainless Pipe Co., Ltd. .................... Tru–Flow Industrial Co., Ltd. ............................ All Others ...................... 65.08 37.24 49.31 21.20 21.20 76.20 6.42 76.20 51.01 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 CFR 351.305 of the Department’s regulations. Timely notification of the return or 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 the results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: August 30, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–4940 Filed 9–8–05; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–583–830] Stainless Steel Plate in Coils from Taiwan; Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 9, 2005. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Nichole Zink, AGENCY: E:\FR\FM\09SEN1.SGM 09SEN1

Agencies

[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53631-53632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4940]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-702, A-580-813, A-583-816]


Certain Stainless Steel Butt-Weld Pipe Fittings from Japan, South 
Korea, and Taiwan; Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 2, 2005, the Department of Commerce (the 
Department) initiated sunset reviews of the antidumping duty orders on 
certain stainless steel butt-weld pipe fittings (pipe fittings) from 
Japan, South Korea, and Taiwan pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act). On the basis of a notice of intent 
to participate and adequate substantive responses filed on behalf of 
domestic interested parties and no response from respondent interested 
parties, the Department conducted expedited (120-day) sunset reviews. 
As a result of these sunset reviews, the Department finds that 
revocation of the antidumping duty orders would be likely to lead to 
continuation or recurrence of dumping. The dumping margins are 
identified below in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: September 9, 2005.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230, telephone (202) 482-1391.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2005, the Department initiated sunset reviews of the 
antidumping duty orders on pipe fittings from Japan, Korea, and Taiwan 
pursuant to section 751(c) of the Act. See Initiation of Five-Year 
(``Sunset'') Reviews, 69 FR 69891 (Feb. 2, 2005). The Department 
received notices of intent to participate from four domestic interested 
parties, Flowline Division of Markovitz Enterprises, Inc. (Flowline), 
Gerlin, Inc. (Gerlin), Shaw Alloy Piping Products, Inc. (formerly Alloy 
Piping Products, Inc.) (Shaw), and Taylor Forge Stainless, Inc. (Taylor 
Forge) (collectively, domestic interested parties), within the deadline 
specified in section 351.218(d)(1)(i) of the Department's regulations. 
Domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act as U.S. producers of a domestic like 
product. We received a complete substantive response from the domestic 
interested party within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). However, we did not receive any responses from any 
respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted expedited sunset reviews of these orders.

[[Page 53632]]

    On May 26, 2005, the Department extended the time limit for final 
results of these sunset reviews to not later than August 31, 2005. See 
Stainless Steel Butt-Weld Pipe Fittings from Japan, Korea, and Taiwan: 
Extension of Time Limit for the Final Results of Sunset Reviews of 
Antidumping Duty Orders, 70 FR 30416 (May 26, 2005).

Scope of the Orders

Japan

    The products covered by this order include certain stainless steel 
butt-weld pipe and tube fittings, or SSPFs. These fittings are used in 
piping systems for chemical plants, pharmaceutical plants, food 
processing facilities, waste treatment facilities, semiconductor 
equipment applications, nuclear power plants and other areas. This 
merchandise is classifiable under the Harmonized Tariff Schedules of 
the United States (HTSUS) item number 7307.23.0000. While the HTS item 
number is provided for convenience and for Customs purposes, the 
written product description remains dispositive as to the scope of the 
product coverage.

South Korea

    The products subject to this order are certain welded stainless 
steel butt-weld pipe fittings (pipe fittings), whether finished or 
unfinished, under 14 inches in inside diameter.
    Pipe fittings are used to connect pipe sections in piping systems 
where conditions require welded connections. The subject merchandise 
can be 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; (5) high pressures are contained within the system.
    Pipe fittings come in a variety of shapes, and the following five 
are the most basic: ``elbows,'' ``tees,'' ``reducers,'' ``stub ends,'' 
and ``caps.'' The edges of finished fittings are beveled. Threaded, 
grooved, and bolted fittings are excluded from this review. The pipe 
fittings subject to this order are classifiable under subheading 
7307.23.00 of the Harmonized Tariff Schedules of the United States 
(HTSUS).
    Although the HTSUS subheading is provided for convenience and 
customs purposes, our written description of the scope of this 
proceeding is dispositive.

Taiwan

    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 order are classifiable under 
subheading 7307.23.00 of the Harmonized Tariff Schedules 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.

Analysis of Comments Received

    All issues raised in these cases are addressed in the ``Issues and 
Decision Memorandum'' from Barbara E. Tillman, Acting Deputy Assistant 
Secretary for Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated August 30, 2005, 
(Decision Memorandum), which is hereby adopted by this notice. The 
issues discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the orders were revoked. Parties can find a 
complete discussion of all issues raised in these sunset reviews and 
the corresponding recommendations in this public memorandum, which is 
on file in room B-099 of the main Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at https://ia.ita.doc.gov, under the 
heading ``September 2005.'' The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on pipe 
fittings from Japan, Korea, and Taiwan would likely lead to 
continuation or recurrence of dumping at the following percentage 
weighted-average margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
Japan...............................................
Mie Horo............................................               65.08
Nippon Benkan Kogyo, K.K............................               37.24
All Others..........................................               49.31
South Korea.........................................
The Asia Bend Co. Ltd...............................               21.20
All Others..........................................               21.20
Taiwan..............................................
Tachia Yung Ho Machine Industry Co., Ltd............               76.20
Ta Chen Stainless Pipe Co., Ltd.....................                6.42
Tru-Flow Industrial Co., Ltd........................               76.20
All Others..........................................               51.01
------------------------------------------------------------------------

    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 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4940 Filed 9-8-05; 8:45 am]
Billing Code: 3510-DS-S
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