Notice of Final Results and Final Rescission in Part of Antidumping Duty Administrative Review: Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan, 1202-1204 [E7-25644]

Download as PDF 1202 Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Notices Nature of Decision To Be Made The decision to be made is whether to: (1) Implement the proposed action; (2) meet the purpose and need for action through some other combination of activities; or, (3) take no action at this time. Scoping Process This notice of intent initiates the scoping process which guides the development of the environmental impact statement. Scoping comments will be most helpful if received by January 4, 2008. Scoping is conducted to determine the significant issues that will be addressed during the environmental analysis. pwalker on PROD1PC71 with NOTICES Permits or Licenses Required An Air Pollution Permit and a Smoke Management Plan are required by local agencies. Early Notice of Importance of Public Participation in Subsequent Environmental Review: A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register. The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer’s position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage, but that are not raised until after completion of the final environmental impact statement, may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental VerDate Aug<31>2005 19:05 Jan 04, 2008 Jkt 214001 impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: December 21, 2007. Maria T. Garcia, Acting Forest Supervisor. [FR Doc. 07–6301 Filed 1–4–08; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF COMMERCE International Trade Administration [A–583–816] Notice of Final Results and Final Rescission in Part of Antidumping Duty Administrative Review: Certain Stainless Steel Butt–Weld Pipe Fittings From Taiwan Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 2, 2007, the Department of Commerce (‘‘the 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, 72 FR 35970 (July 2, 2007) (‘‘Preliminary Results’’). The merchandise covered by this order is certain stainless steel butt–weld pipe fittings from Taiwan as described in the ‘‘Scope of the Order’’ section of this notice. The period of review (‘‘POR’’) is June 1, 2005, through May 31, 2006. We gave interested parties an opportunity to comment on the preliminary results. Based upon our analysis of the comments received, we did not make any changes to the margin calculation. The final weight–averaged dumping AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 margin is listed below in the section titled ‘‘Final Results of Review.’’ EFFECTIVE DATE: January 7, 2008. FOR FURTHER INFORMATION CONTACT: Judy Lao or John Drury, Office 7, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) (202) 482–7924 or (202) 482–0195, respectively. SUPPLEMENTARY INFORMATION: Background The Department’s preliminary results of review were published on July 2, 2007. See Preliminary Results. We invited parties to comment on the Preliminary Results. Subsequent to our Preliminary Results, on July 11, 2007, we issued Ta Chen Stainless Steel Pipe, Ltd. (‘‘Ta Chen’’), a supplemental questionnaire requesting additional information regarding its reporting of affiliates. See Preliminary Results at 72 FR 35971. Ta Chen submitted its response to our July 11, 2007, affiliations questionnaire on July 27, 2007. On August 10, 2007, Flowline Division of Markovitz Enterprise, Inc., Shaw Allow Piping Products, Inc., Gerlin, Inc., and Taylor Forge Stainless, Inc., (collectively, ‘‘petitioners’’) commented on Ta Chen’s July 11, 2007, affiliations questionnaire response. On August 22, 2007, Ta Chen responded to petitioners’ August 10, 2007 comments regarding its affiliations questionnaire response. We received case briefs from petitioners on September 10, 2007, and case briefs from Ta Chen on September 11, 2007. On September 17, 2007, we received rebuttal comments from petitioners and Ta Chen. Petitioners requested a hearing, which was conducted on September 20, 2007. 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 E:\FR\FM\07JAN1.SGM 07JAN1 Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Notices 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 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 order 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’’), Censor International Corporation (‘‘Censor’’) and PFP Taiwan Co., Ltd. (‘‘PFP’’), because we found that they had no entries of subject merchandise during the POR. See Preliminary Results at 35971. As the Department received no comments on our intent to rescind, we continue to find that rescission of the review concerning Liang Feng, Tru– Flow, Censor, and PFP is appropriate. Therefore, the Department is rescinding the review with respect to Liang Feng, Tru–Flow, Censor, and PFP. pwalker on PROD1PC71 with NOTICES 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 Certain Stainless Steel Butt– Weld Pipe Fittings from Taiwan; Final Results of Antidumping Duty Administrative Review (‘‘Decision Memorandum’’), dated December 27, 2007, which is hereby adopted by this notice. A list of the issues raised and to which we have responded in the Decision Memorandum, is appended to this notice. The Decision Memorandum is on file in the Central Records Unit in room B–099 of the main Commerce building, and can also be accessed directly on the Web at https:// ia.ita.doc.gov. The paper copy and electronic version of the public version of the Decision Memorandum are identical in content. VerDate Aug<31>2005 19:05 Jan 04, 2008 Jkt 214001 Affiliation In the Preliminary Results the Department noted that in this proceeding there is an ongoing claim by petitioners that Ta Chen and its U.S. affiliate, Ta Chen International (‘‘TCI’’) have several related parties that were not disclosed in its financial statements. See Preliminary Results at 72 FR 35971. Therefore, petitioners claim that the Department should not rely on Ta Chen’s and TCI’s financial statements, and thus its underlying accounting records. The Department noted its intent to solicit additional information from Ta Chen regarding its current affiliation with certain entities alleged by petitioners. As mentioned in the ‘‘Background’’ section of this notice, the Department issued Ta Chen an additional supplemental questionnaire on July 27, 2007, regarding alleged affiliates. Based upon our analysis of Ta Chen’s responses, we continue to find, as in our Preliminary Results, that Ta Chen and TCI accurately disclosed their related parties, and that their financial statements are reliable. Therefore, the Department has relied upon information from Ta Chen’s and TCI’s financial statements, and thus underlying accounting records for the purposes of our final results of review. The Department determines that the evidence on the record does not warrant a finding that we should disregard Ta Chen’s or TCI’s financial statements. See Decision Memorandum at Comment 1 for further discussion. Final Results of Review As a result of our review, we determine that the following weighted– average margin exists for the period June 1, 2005, through May 31, 2006: Weighted–Average Margin Ta Chen Stainless Pipe Co., Ltd ..................... 0.52 percent Assessment Rates The Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1)(B) of the Act and 19 CFR 351.212(b). The Department calculated importer– specific duty assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the assessment rate is above de minimis, we will instruct CBP to assess duties on all entries of subject PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 1203 merchandise produced by Ta Chen. Antidumping duties for the rescinded companies, Liang Feng, Tru–Flow, Censor, and PFP, shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of these final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003 (68 FR 23954). This clarification applies to POR entries of subject merchandise produced by companies examined in this review (i.e., companies for which a dumping margin was calculated) where the companies did not know that their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all– others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of stainless steel butt–weld pipe fittings from Taiwan entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a) of the Act: (1) for the companies covered by this review, the cash deposit rate will be the rate listed above; (2) for merchandise exported by producers or exporters not covered in this review but covered in the less–than-fair–value investigation, the cash deposit rate will continue to be the company–specific rate from the most recent review; (3) if the exporter is not a firm covered in this review, a prior review, or less–than-fair– value the investigation, but the producer is, the cash deposit rate will be that established for the most recent period for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will be 51.01 percent, the all–others rate established in the less–than-fair–value investigation. These deposit requirements shall remain in effect until further notice. E:\FR\FM\07JAN1.SGM 07JAN1 1204 Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Notices Notification of Interested Parties This notice also serves as a final 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 in the subsequent assessment of double antidumping duties. This notice also is the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 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 the terms of an APO is a sanctionable violation. We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 27, 2007. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. APPENDIX - Issues in Decision Memorandum U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4295. SUPPLEMENTARY INFORMATION: Background New Shipper Review On April 18, 2007, Shanghai Tylon Company Ltd. (‘‘Tylon’’) requested a new shipper review of the antidumping duty order on brake rotors from the People’s Republic of China (‘‘PRC’’), which has an April anniversary month, in accordance with 19 CFR 351.214(c). On May 25, 2007, the Department initiated a new shipper review of Tylon covering the period April 1, 2006, through March 31, 2007. See Brake Rotors From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review, 72 FR 29299 (May 25, 2007). On August 23, 2007, Tylon agreed to waive the new shipper review time limits in accordance with 19 CFR 351.214(j)(3), to align the new shipper review with the concurrent 2006–2007 administrative review of the antidumping duty order on brake rotors from the PRC. On August 24, 2007, the Department aligned the new shipper review with the 2006–2007 administrative review of the antidumping duty order on brake rotors from the PRC.1 Brake Rotors from the People’s Republic of China: Extension of Time Limit for the Preliminary Results of the 2006–2007 Administrative and New Shipper Reviews Administrative Review On April 2, 2007, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on brake rotors from the PRC. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 72 FR 15650 (April 2, 2006). On April 30, 2007, the Department received timely requests for an administrative review of this antidumping duty order in accordance with 19 CFR 351.213 from the following individual companies: LABEC, Winhere, Haimeng, Hongda, Meita, Wally, and Longkou Dixion Brake System Ltd. (‘‘Dixion’’). On April 30, 2007, the Department also received timely requests for an administrative review of 23 companies (or producer/ exporter combinations),2 from Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 7, 2008. FOR FURTHER INFORMATION CONTACT: Frances Veith, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, 1 See the Department’s memorandum, entitled ‘‘2006-2007 Administrative and New Shipper Reviews of the Antidumping Duty Order on Brake Rotors from the People’s Republic of China: Alignment of 2006-2007 Administrative and New Shipper Reviews,’’ dated August 24, 2007 (‘‘NSR Alignment Memo’’). 2 The names of these companies or producer/ exporter combination are as follows: (1) Longkou Haimeng Machinery Co., Ltd. (‘‘Haimeng’’); (2) ISSUES 1. Reliability of Ta Chen’s Financial Statements & Reported Affiliations 2. CEP Offset 3. LOT Adjustment 4. CEP Profit Calculation [FR Doc. E7–25644 Filed 1–4–08; 8:45 am] BILLING CODE: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–846] pwalker on PROD1PC71 with NOTICES AGENCY: VerDate Aug<31>2005 19:05 Jan 04, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 petitioner. As a result of the above– mentioned companies’ and petitioner’s requests for a review, this administrative review covers 24 companies. As mentioned above, on August 24, 2007, the Department aligned the new shipper review with the 2006–2007 administrative review of the antidumping duty order on brake rotors from the PRC.3 The preliminary results of these reviews are currently due no later than December 31, 2007. Extension of Time Limit for Preliminary Results of Review Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘Act’’), the Department shall make a preliminary determination in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides, however, that the Department may extend that 245–day period to 365 days if it determines it is not practicable to complete the review within the foregoing time period. The Department determines that completion of the preliminary results of these reviews within the statutory time period is not practicable. The Department requires additional time to analyze issues regarding the respondents, including 12 separate–rate respondents and two mandatory respondents in the administrative review and one respondent in the new shipper review. Therefore, given the Qingdao Meita Automotive Industry Co., Ltd. (‘‘Meita’’); (3) Laizhou Auto Brake Equipment Factory (‘‘LABEC’’); (4) Yantai Winhere Auto-Part Manufacturing Co., Ltd. (‘‘Winhere’’); (5) Laizhou Hongda Auto Replacement Parts Co., Ltd. (‘‘Hongda’’); (6) Laizhou City Luqi Machinery Co., Ltd. (‘‘Luqi’’); (7) Laizhou Wally Automobile Co., Ltd. (‘‘Wally’’); (8) Zibo Luzhou Automobile Parts Co., Ltd. (‘‘ZLAP’’); (9) Zibo Golden Harvest Machinery Limited Company (‘‘ZGOLD’’); (10) Longkou TLC Machinery Co., Ltd. (‘‘TLC’’); (11) Longkou Jinzheng Maxhinery Co. (‘‘Jinzheng’’); (12) Qingdao Gren Co. (‘‘Gren’’); (13) Shenyang Yinghao Machinery Co. (‘‘Yinghao’’); (14) Shanxi Zhongding Auto Parts Co., Ltd. (‘‘SZAP’’); (15) Shandong Huanri Group Company (‘‘Huanri’’); (16) Longkou Qizheng Auto Parts Co. (‘‘Qizheng’’); (17) China National Automotive Industry Import & Export Corporation (‘‘CAIEC’’), excluding entries manufactured by Shandong Laizhou CAPCO Industry (‘‘CAPCO’’); (18) CAPCO, excluding entries manufactured by CAPCO; (19) Laizhou Luyuan Automobile Fittings Co. (‘‘Luyuan’’), excluding entries manufactured by Laizhou Luyuan or Shenyang Honbase Machinery Co., Ltd. (‘‘Honbase’’); (20) Honbase, excluding entries manufactured by Laizhou Luyuan or Honbase; (21) China National Industrial Machinery Import & Export Corporation (‘‘CNIM’’); (22) Xianghe Xumingyuan Auto Parts Co. (‘‘Xumingyuan’’’’); and (23) Qingdao Golrich Autoparts Co., Ltd. (‘‘Golrich’’). 3 See NSR Alignment Memo. E:\FR\FM\07JAN1.SGM 07JAN1

Agencies

[Federal Register Volume 73, Number 4 (Monday, January 7, 2008)]
[Notices]
[Pages 1202-1204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25644]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-816]


Notice of Final Results and Final Rescission in Part of 
Antidumping Duty Administrative Review: Certain Stainless Steel Butt-
Weld Pipe Fittings From Taiwan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 2, 2007, the Department of Commerce (``the 
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, 72 FR 
35970 (July 2, 2007) (``Preliminary Results''). The merchandise covered 
by this order is certain stainless steel butt-weld pipe fittings from 
Taiwan as described in the ``Scope of the Order'' section of this 
notice. The period of review (``POR'') is June 1, 2005, through May 31, 
2006. We gave interested parties an opportunity to comment on the 
preliminary results. Based upon our analysis of the comments received, 
we did not make any changes to the margin calculation. The final 
weight-averaged dumping margin is listed below in the section titled 
``Final Results of Review.''

EFFECTIVE DATE: January 7, 2008.

FOR FURTHER INFORMATION CONTACT: Judy Lao or John Drury, Office 7, AD/
CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) (202) 
482-7924 or (202) 482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department's preliminary results of review were published on 
July 2, 2007. See Preliminary Results. We invited parties to comment on 
the Preliminary Results. Subsequent to our Preliminary Results, on July 
11, 2007, we issued Ta Chen Stainless Steel Pipe, Ltd. (``Ta Chen''), a 
supplemental questionnaire requesting additional information regarding 
its reporting of affiliates. See Preliminary Results at 72 FR 35971. Ta 
Chen submitted its response to our July 11, 2007, affiliations 
questionnaire on July 27, 2007. On August 10, 2007, Flowline Division 
of Markovitz Enterprise, Inc., Shaw Allow Piping Products, Inc., 
Gerlin, Inc., and Taylor Forge Stainless, Inc., (collectively, 
``petitioners'') commented on Ta Chen's July 11, 2007, affiliations 
questionnaire response. On August 22, 2007, Ta Chen responded to 
petitioners' August 10, 2007 comments regarding its affiliations 
questionnaire response. We received case briefs from petitioners on 
September 10, 2007, and case briefs from Ta Chen on September 11, 2007. 
On September 17, 2007, we received rebuttal comments from petitioners 
and Ta Chen. Petitioners requested a hearing, which was conducted on 
September 20, 2007.

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

[[Page 1203]]

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 
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 order 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''), Censor International Corporation (``Censor'') and PFP 
Taiwan Co., Ltd. (``PFP''), because we found that they had no entries 
of subject merchandise during the POR. See Preliminary Results at 
35971. As the Department received no comments on our intent to rescind, 
we continue to find that rescission of the review concerning Liang 
Feng, Tru-Flow, Censor, and PFP is appropriate. Therefore, the 
Department is rescinding the review with respect to Liang Feng, Tru-
Flow, Censor, 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 Certain Stainless 
Steel Butt-Weld Pipe Fittings from Taiwan; Final Results of Antidumping 
Duty Administrative Review (``Decision Memorandum''), dated December 
27, 2007, which is hereby adopted by this notice. A list of the issues 
raised and to which we have responded in the Decision Memorandum, is 
appended to this notice. The Decision Memorandum is on file in the 
Central Records Unit in room B-099 of the main Commerce building, and 
can also be accessed directly on the Web at https://ia.ita.doc.gov. The 
paper copy and electronic version of the public version of the Decision 
Memorandum are identical in content.

Affiliation

    In the Preliminary Results the Department noted that in this 
proceeding there is an ongoing claim by petitioners that Ta Chen and 
its U.S. affiliate, Ta Chen International (``TCI'') have several 
related parties that were not disclosed in its financial statements. 
See Preliminary Results at 72 FR 35971. Therefore, petitioners claim 
that the Department should not rely on Ta Chen's and TCI's financial 
statements, and thus its underlying accounting records. The Department 
noted its intent to solicit additional information from Ta Chen 
regarding its current affiliation with certain entities alleged by 
petitioners. As mentioned in the ``Background'' section of this notice, 
the Department issued Ta Chen an additional supplemental questionnaire 
on July 27, 2007, regarding alleged affiliates. Based upon our analysis 
of Ta Chen's responses, we continue to find, as in our Preliminary 
Results, that Ta Chen and TCI accurately disclosed their related 
parties, and that their financial statements are reliable. Therefore, 
the Department has relied upon information from Ta Chen's and TCI's 
financial statements, and thus underlying accounting records for the 
purposes of our final results of review. The Department determines that 
the evidence on the record does not warrant a finding that we should 
disregard Ta Chen's or TCI's financial statements. See Decision 
Memorandum at Comment 1 for further discussion.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period June 1, 2005, through May 
31, 2006:

------------------------------------------------------------------------
                                                       Weighted-Average
                                                            Margin
------------------------------------------------------------------------
Ta Chen Stainless Pipe Co., Ltd.....................        0.52 percent
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to section 751(a)(1)(B) of the Act and 19 
CFR 351.212(b). The Department calculated importer-specific duty 
assessment rates on the basis of the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of the examined sales for that importer. Where the 
assessment rate is above de minimis, we will instruct CBP to assess 
duties on all entries of subject merchandise produced by Ta Chen. 
Antidumping duties for the rescinded companies, Liang Feng, Tru-Flow, 
Censor, and PFP, shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification applies to POR entries of 
subject merchandise produced by companies examined in this review 
(i.e., companies for which a dumping margin was calculated) where the 
companies did not know that their merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. For a full 
discussion of this clarification, see Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of stainless steel butt-weld pipe fittings from Taiwan 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of these final results, as provided by section 751(a) 
of the Act: (1) for the companies covered by this review, the cash 
deposit rate will be the rate listed above; (2) for merchandise 
exported by producers or exporters not covered in this review but 
covered in the less-than-fair-value investigation, the cash deposit 
rate will continue to be the company-specific rate from the most recent 
review; (3) if the exporter is not a firm covered in this review, a 
prior review, or less-than-fair-value the investigation, but the 
producer is, the cash deposit rate will be that established for the 
most recent period for the producer of the merchandise; and (4) the 
cash deposit rate for all other producers or exporters will be 51.01 
percent, the all-others rate established in the less-than-fair-value 
investigation. These deposit requirements shall remain in effect until 
further notice.

[[Page 1204]]

Notification of Interested Parties

    This notice also serves as a final 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 in the subsequent 
assessment of double antidumping duties.
    This notice also is the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 27, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

APPENDIX - Issues in Decision Memorandum

ISSUES

1. Reliability of Ta Chen's Financial Statements & Reported 
Affiliations
2. CEP Offset
3. LOT Adjustment
4. CEP Profit Calculation
[FR Doc. E7-25644 Filed 1-4-08; 8:45 am]
BILLING CODE: 3510-DS-S
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