Malleable Iron Pipe Fittings From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 45016-45017 [E6-12817]

Download as PDF 45016 Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices Comment 9: Kejriwal’s Imputed U.S. Credit Expense Comment 10: Kejriwal’s Minor Correction Regarding USDUTYU Field Comment 11: Decision not to Verify the Sales and Critical Circumstances Responses of Aero and Navneet Comment 12: Decision not to Fully Extend the Final Determination Comment 13: Whether the Cost Investigation was Unlawful and Not Based on Substantial Evidence Comment 14: Whether Adverse Inferences were Warranted for Aero and Navneet Comment 15: Legality of Methodology and Adverse Rates Applied to Aero and Navneet Comment 16: Treatment of Negative Margins [FR Doc. E6–12811 Filed 8–7–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–881 Period of Review The POR is December 2, 2003, through November 30, 2004. Scope of the Order For purposes of this order, the products covered are certain malleable iron pipe fittings, cast, other than grooved fittings, from the People’s Republic of China (‘‘PRC’’). The merchandise is currently classifiable under item numbers 7307.19.90.30, 7307.19.90.60 and 7307.19.90.80 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Excluded from the scope of this order are metal compression couplings, which are imported under HTSUS number 7307.19.90.80. A metal compression coupling consists of a coupling body, two gaskets, and two compression nuts. These products range in diameter from W inch to 2 inches and are carried only in galvanized finish. Although HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the scope of this proceeding is dispositive. Background Malleable Iron Pipe Fittings From the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 29, 2006, the Department of Commerce (‘‘Department’’) published Malleable Iron Pipe Fittings From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 71 FR 37051 (June 29, 2006) (‘‘Final Results’’), covering the period of review (‘‘POR’’) December 2, 2003, through November 30, 2004. We are amending the Final Results to correct two ministerial errors made in the calculation of the dumping margin for LDR Industries Inc. and Beijing Sai Lin Ke Hardware Co., Ltd. (collectively ‘‘SLK’’), pursuant to section 751(h) of the Tariff Act of 1930, as amended (‘‘the Act’’). EFFECTIVE DATE: August 8, 2006. FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Juanita H. Chen, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230; telephone: 202–482–5047 or 202–482–1904, respectively. jlentini on PROD1PC65 with NOTICES AGENCY: SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 20:06 Aug 07, 2006 Jkt 208001 On June 29, 2006, the Department published the Final Results in the Federal Register. On June 28, 2006, and July 3, 2006, we received ministerial error allegations from SLK and Chengde Malleable Iron General Factory (‘‘Chengde’’). On July 24, 2006, the Department rejected a second submission filed by Chengde as untimely. A ministerial error is defined in section 751(h) of the Act and further clarified in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ After analyzing SLK’s comments, we agree that the Department made two ministerial errors in SLK’s margin calculation program for the Final Results. After analyzing Chengde’s comments, we disagree with its allegations that the Department made ministerial errors in Chengde’s margin calculation program for the Final Results. See the July 31, 2006, Memorandum from Juanita H. Chen to Wendy J. Frankel regarding the 2003– 2004 Malleable Cast Iron Pipe Fittings from the People’s Republic of China: Analysis of Ministerial Error Allegations. As a result, we are amending the Final Results only to revise the antidumping margin for SLK, in accordance with 19 CFR 351.224(e). PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Analysis of Ministerial Error Allegations SLK Allegation: Calculation Error for Weight Conversion SLK argues that the Department erred when it converted SLK’s U.S. expenses and packing factors from a per–piece basis to a per–kilogram basis by using an incorrectly calculated average weight of all the reported producer–specific weights (i.e., WEIGHT4 in the margin calculation program). Specifically, SLK argues that the error resulted from the use of the ‘‘ID’’ statement in the SAS calculation program when weight averaging all of the reported weights of each fitting, thereby resulting in the Department’s unintentional selection of the highest reported producer–specific weight rather than the weighted–average weight. SLK claims that the Department then applied the highest per–unit weight as reported by SLK’s suppliers in its factors of production (‘‘FOP’’) databases to convert the U.S. expenses and its packing expenses to a per– kilogram basis. SLK suggests that the Department correct this ministerial error by eliminating the ‘‘ID’’ statement and adding WEIGHT4 to the VAR statement, which calculates a weighted average of the reported producer–specific weights instead of the highest of the reported producer–specific weights. Department’s Position: We agree with SLK that we inadvertently selected the highest reported weight by using the ‘‘ID’’ statement in the margin calculation. For these final results, we have eliminated the ‘‘ID’’ statement and added WEIGHT4 to the VAR statement. As a result, the revised margin calculation program applies the weighted–average of the reported producer–specific weights. Thus, we have revised SLK’s margin accordingly. SLK Allegation: Currency Conversion Error for Packing Expenses SLK argues that the Department erroneously used Indian rupee– denominated freight values, instead of U.S. dollar–denominated freight values in calculating packing expenses. Specifically, SLK claims that the Department converted all the freight expenses related to SLK’s packing FOPs from Indian rupees to U.S. dollars, but when calculating the total packing expenses, the Department added Indian rupee–denominated freight values to U.S. dollar–denominated surrogate values for the packing inputs. SLK suggests that the Department should correct this mistake by replacing the Indian rupee–denominated freight E:\FR\FM\08AUN1.SGM 08AUN1 Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices values with U.S. dollar–denominated freight values in the margin calculation for packing expenses. Department’s Position: We agree with SLK that we erroneously used Indian rupee– denominated freight values instead of U.S. dollar–denominated freight values in its margin calculation for packing expenses. For these amended final results, we corrected this ministerial error and used freight values that were converted to U.S. dollars before adding these values to the U.S. dollar– denominated surrogate values for the packing inputs in SLK’s margin calculation program. Amended Final Results As a result of the correction of ministerial errors and amended margin calculation, the following weighted– average margin exists for SLK, for the period of December 2, 2003, through November 30, 2004. Original Weighted–average percentage margin Producer/Exporter LDR Industries Inc. and Beijing Sai Lin Ke Hardware Co., Ltd. ......................... The Department will disclose calculations performed for the amended final results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Assessment Rates The Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries based on the amended final results. For details on the assessment of antidumping duties on all appropriate entries, see Final Results, 71 FR 37051, 37056. These amended final results are published in accordance with sections 751(h) and 777(i)(1) of the Act. Dated: July 31, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–12817 Filed 8–7–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–475–818) Notice of Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review: Ninth Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests by interested parties, the Department of Commerce (‘‘the Department’’) is conducting an administrative review of the antidumping duty order on certain pasta (‘‘pasta’’) from Italy for the period of review (‘‘POR’’) July 1, 2004, through June 30, 2005. We preliminarily determine that during the POR, both Corticella Molini e Pastifici S.p.A. and its affiliate Pasta jlentini on PROD1PC65 with NOTICES AGENCY: VerDate Aug<31>2005 20:06 Aug 07, 2006 Jkt 208001 1 In its September 20, 2005 letter, counsel for Italpasta S.p.A. informed the Department that it merged with its affiliate, Arrighi S.p.A. into a new company Pasta Berruto S.p.A.. See Letter to the Department from Italpasta, Re: Pasta from Italy; Response to Questionnaire (September 20, 2005). Frm 00024 Fmt 4703 Sfmt 4703 Amended Weighted–average percentage margin 14.69 Combattenti S.p.A. (collectively, ‘‘Corticella/Combattenti’’) and Atar, S.r.L. (‘‘Atar’’) sold subject merchandise at less than normal value (‘‘NV’’). If these preliminary results are adopted in the final results of this administrative review, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties equal to the difference between the export price and normal value (‘‘EP’’). Further, requests for review of the antidumping duty order for the following companies were withdrawn: Barilla G.e.R. Fratelli, S.p.A.,/Barilla Alimentare, S.p.A. (‘‘Barilla’’), Moline e Pastificio Tomasello S.r.L. (‘‘Tomasello’’), and Pastificio Laporta S.a.s (‘‘Laporta’’). Because the withdrawal requests were timely and there were no other requests for review of these companies, we are rescinding the review for these companies. See 19 CFR 351.213(d)(1). Furthermore, we are preliminarily rescinding the review with respect to Italpasta/Pasta Berruto S.p.A. (‘‘Italpasta’’)1 because Italpasta submitted a letter stating that it had no shipments of subject merchandise during the POR. See 19 CFR 351.213(d)(3). As discussed in the Partial Rescission section below, customs data did not contradict Italpasta’s claim that it did not have shipments of subject merchandise during the POR. Finally, we are rescinding the review with respect to Pastificio Antonio Pallante S.r.L./Industrie Alimentari Molisane, S.r.L./Vitelli Foods, LLC (‘‘Pallante’’) because, since the initiation of the current review, the Department has revoked the order in part, with respect to Pallante, effective July 1, 2004. See Notice of Final Results of the Eighth Administrative Review of the PO 00000 45017 9.24 Antidumping Order on Certain Pasta From Italy and Determination to Revoke in Part, 70 FR 71464 (November 29, 2005) (‘‘Pasta Eighth Review Final Results’’). Interested parties are invited to comment on these preliminary results and partial rescission. Parties who submit comments in this segment of the proceeding should also submit with them: (1) a statement of the issues and (2) a brief summary of the comments. Further, parties submitting written comments are requested to provide the Department with an electronic version of the public version of any such comments on diskette. EFFECTIVE DATE: August 8, 2006. FOR FURTHER INFORMATION CONTACT: Dennis McClure, Maura Jeffords or Preeti Tolani, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–5973, (202) 482–3146 or (202) 482– 0395, respectively. SUPPLEMENTARY INFORMATION: Background On July 24, 1996, the Department published in the Federal Register the antidumping duty order on pasta from Italy. See Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Certain Pasta From Italy, 61 FR 38547 (July 24, 1996). On July 1, 2005, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on certain pasta from Italy. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review, 70 FR 38099 (July 1, 2005). We received E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Pages 45016-45017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12817]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-881


Malleable Iron Pipe Fittings From the People's Republic of China: 
Amended Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 29, 2006, the Department of Commerce (``Department'') 
published Malleable Iron Pipe Fittings From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 71 FR 
37051 (June 29, 2006) (``Final Results''), covering the period of 
review (``POR'') December 2, 2003, through November 30, 2004. We are 
amending the Final Results to correct two ministerial errors made in 
the calculation of the dumping margin for LDR Industries Inc. and 
Beijing Sai Lin Ke Hardware Co., Ltd. (collectively ``SLK''), pursuant 
to section 751(h) of the Tariff Act of 1930, as amended (``the Act'').

EFFECTIVE DATE: August 8, 2006.

FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Juanita H. Chen, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW., Washington, DC 20230; telephone: 202-482-5047 or 202-482-1904, 
respectively.

SUPPLEMENTARY INFORMATION:

Period of Review

    The POR is December 2, 2003, through November 30, 2004.

Scope of the Order

    For purposes of this order, the products covered are certain 
malleable iron pipe fittings, cast, other than grooved fittings, from 
the People's Republic of China (``PRC''). The merchandise is currently 
classifiable under item numbers 7307.19.90.30, 7307.19.90.60 and 
7307.19.90.80 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Excluded from the scope of this order are metal 
compression couplings, which are imported under HTSUS number 
7307.19.90.80. A metal compression coupling consists of a coupling 
body, two gaskets, and two compression nuts. These products range in 
diameter from [frac1s2] inch to 2 inches and are carried only in 
galvanized finish. Although HTSUS subheadings are provided for 
convenience and customs purposes, the Department's written description 
of the scope of this proceeding is dispositive.

Background

    On June 29, 2006, the Department published the Final Results in the 
Federal Register. On June 28, 2006, and July 3, 2006, we received 
ministerial error allegations from SLK and Chengde Malleable Iron 
General Factory (``Chengde''). On July 24, 2006, the Department 
rejected a second submission filed by Chengde as untimely. A 
ministerial error is defined in section 751(h) of the Act and further 
clarified in 19 CFR 351.224(f) as ``an error in addition, subtraction, 
or other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' After 
analyzing SLK's comments, we agree that the Department made two 
ministerial errors in SLK's margin calculation program for the Final 
Results. After analyzing Chengde's comments, we disagree with its 
allegations that the Department made ministerial errors in Chengde's 
margin calculation program for the Final Results. See the July 31, 
2006, Memorandum from Juanita H. Chen to Wendy J. Frankel regarding the 
2003-2004 Malleable Cast Iron Pipe Fittings from the People's Republic 
of China: Analysis of Ministerial Error Allegations. As a result, we 
are amending the Final Results only to revise the antidumping margin 
for SLK, in accordance with 19 CFR 351.224(e).

Analysis of Ministerial Error Allegations

SLK Allegation: Calculation Error for Weight Conversion
    SLK argues that the Department erred when it converted SLK's U.S. 
expenses and packing factors from a per-piece basis to a per-kilogram 
basis by using an incorrectly calculated average weight of all the 
reported producer-specific weights (i.e., WEIGHT4 in the margin 
calculation program). Specifically, SLK argues that the error resulted 
from the use of the ``ID'' statement in the SAS calculation program 
when weight averaging all of the reported weights of each fitting, 
thereby resulting in the Department's unintentional selection of the 
highest reported producer-specific weight rather than the weighted-
average weight. SLK claims that the Department then applied the highest 
per-unit weight as reported by SLK's suppliers in its factors of 
production (``FOP'') databases to convert the U.S. expenses and its 
packing expenses to a per-kilogram basis. SLK suggests that the 
Department correct this ministerial error by eliminating the ``ID'' 
statement and adding WEIGHT4 to the VAR statement, which calculates a 
weighted average of the reported producer-specific weights instead of 
the highest of the reported producer-specific weights.
Department's Position:
    We agree with SLK that we inadvertently selected the highest 
reported weight by using the ``ID'' statement in the margin 
calculation. For these final results, we have eliminated the ``ID'' 
statement and added WEIGHT4 to the VAR statement. As a result, the 
revised margin calculation program applies the weighted-average of the 
reported producer-specific weights. Thus, we have revised SLK's margin 
accordingly.
SLK Allegation: Currency Conversion Error for Packing Expenses
    SLK argues that the Department erroneously used Indian rupee-
denominated freight values, instead of U.S. dollar-denominated freight 
values in calculating packing expenses. Specifically, SLK claims that 
the Department converted all the freight expenses related to SLK's 
packing FOPs from Indian rupees to U.S. dollars, but when calculating 
the total packing expenses, the Department added Indian rupee-
denominated freight values to U.S. dollar-denominated surrogate values 
for the packing inputs. SLK suggests that the Department should correct 
this mistake by replacing the Indian rupee-denominated freight

[[Page 45017]]

values with U.S. dollar-denominated freight values in the margin 
calculation for packing expenses.
Department's Position:
    We agree with SLK that we erroneously used Indian rupee-denominated 
freight values instead of U.S. dollar-denominated freight values in its 
margin calculation for packing expenses. For these amended final 
results, we corrected this ministerial error and used freight values 
that were converted to U.S. dollars before adding these values to the 
U.S. dollar-denominated surrogate values for the packing inputs in 
SLK's margin calculation program.

Amended Final Results

    As a result of the correction of ministerial errors and amended 
margin calculation, the following weighted-average margin exists for 
SLK, for the period of December 2, 2003, through November 30, 2004.

----------------------------------------------------------------------------------------------------------------
                                                       Original Weighted-average      Amended Weighted-average
                  Producer/Exporter                        percentage margin             percentage margin
----------------------------------------------------------------------------------------------------------------
LDR Industries Inc. and Beijing Sai Lin Ke Hardware                         14.69                           9.24
 Co., Ltd...........................................
----------------------------------------------------------------------------------------------------------------

    The Department will disclose calculations performed for the amended 
final results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries based on the amended final results. For details on 
the assessment of antidumping duties on all appropriate entries, see 
Final Results, 71 FR 37051, 37056.
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: July 31, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-12817 Filed 8-7-06; 8:45 am]
BILLING CODE 3510-DS-S