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