Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Notice of Amended Final Results Pursuant to Final Court Decision, 22324-22325 [E8-9142]

Download as PDF 22324 Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following product and services are proposed for addition to Procurement List for production by the nonprofit agencies listed: Product Bag, Fecal Incontinent NSN: 6530–00–NSH–0045—Large. NPA: Work, Inc., Santa Barbara, CA. Coverage: C-List for the requirement of the Department of Veterans Affairs, National Acquisition Center, Hines, IL. Contracting Activity: Department of Veterans Affairs, National Acquisition Center, Hines, IL. Services Service Type/Location: Custodial & Grounds Maintenance, U.S. Federal Building and Courthouse—St. Croix, 3013 Estate Golden Rock, Christiansted, U.S. Virgin Islands. NPA: The Corporate Source, Inc., New York, NY. Contracting Activity: General Services Administration, Caribbean Property Management Center, Hato Rey, PR. Service Type/Location: Custodial & Grounds Maintenance, U.S. Federal Building and Courthouse—St. Thomas, 5500 Veterans Drive, St. Thomas, U.S. Virgin Islands. NPA: The Corporate Source, Inc., New York, NY. Contracting Activity: General Services Administration, Caribbean Property Management Center, Hato Rey, PR. Louis R. Bartalot, Director, Program Analysis and Evaluation. [FR Doc. E8–9050 Filed 4–24–08; 8:45 am] BILLING CODE 6353–01–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–863] Notice of Extension of Time Limit for Final Results of the Antidumping Duty Administrative Review and New Shipper Review: Honey from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 25, 2008. FOR FURTHER INFORMATION CONTACT: Bobby Wong or Susan Pulongbarit, AD/ CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution sroberts on PROD1PC70 with NOTICES AGENCY: VerDate Aug<31>2005 20:20 Apr 24, 2008 Jkt 214001 Avenue, NW, Washington, DC 20230; telephone: (202) 482–0409 and (202) 482–4031, respectively. SUPPLEMENTARY INFORMATION: Background The Department of Commerce (‘‘the Department’’) published the preliminary results of the aligned antidumping duty administrative review and new shipper review on honey from the People’s Republic of China on January 16, 2008. Honey from the People’s Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 73 FR 2890 (January 16, 2008). This notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: April 18, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–9143 Filed 4–24–08; 8:45 am] BILLING CODE: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–583–816) Extension of Time Limits for Final Results Pursuant to Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), and section 351.213(h)(1) of the Department’s regulations, the Department shall issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides that the Department shall issue the final results of review within 120 days after the date on which the notice of the preliminary results was published in the Federal Register. However, if the Department determines that it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations allow the Department to extend the 245-day period to 365 days and the 120-day period to 180 days. The Department has extended the deadline for parties to submit briefs in order to address several issues raised by interested parties. As a result of these extensions and the complex issues raised in this review segment, including honey valuation, the Department has determined that it is not practicable to complete the aligned administrative review and new shipper review within the current time limit. Section 751(a)(3)(A) of the Act and section 351.213(h) of the Department’s regulations allow the Department to extend the deadline for the final results of a review to a maximum of 180 days from the date on which the notice of the preliminary results was published. For the reasons noted above, the Department is extending the time limit for the completion of these final results from the current deadline of May 15, 2008 until no later than July 14, 2008, which is 180 days from the date on which the notice of the preliminary results was published. Certain Stainless Steel Butt–Weld Pipe Fittings from Taiwan: Notice of Amended Final Results Pursuant to Final Court Decision Import Administration, International Trade Administration, Department of Commerce SUMMARY: On April 6, 2006, in Alloy Piping Products, Inc., Flowline Division, et al. v. United States, Slip Op. 06–47, (‘‘Alloy Piping II’’), the Court of International Trade (‘‘CIT’’) affirmed the Department of Commerce’s (the ‘‘Department’’) Final Results of Determination Pursuant to Remand (‘‘Remand Results’’), dated August 16, 2004, and entered a judgment order. This litigation related to the Department’s review of the antidumping order on certain stainless steel butt– weld pipe fittings from Taiwan, covering the period of review (‘‘POR’’) June 1, 1998, through May 31, 1999. See Certain Stainless Steel Butt–Weld Pipe Fittings Final Results of Antidumping Duty Administrative Review, 65 FR 81827, 81828 (December 27, 2000) (‘‘Final Results’’). On June 5, 2006, Ta Chen Stainless Steel Pipe, Ltd. (‘‘Ta Chen’’) appealed the CIT’s decision to the Court of Appeals for the Federal Circuit (‘‘CAFC’’). On September 21, 2006, the CAFC dismissed the appeal pursuant to the parties’ dismissal agreement. See Ta Chen Stainless Steel Pipe, Ltd., v. United States, 208 Fed. Appx. 818, 2006 U.S. App. LEXIS 24777 (Fed. Cir. 2006) (‘‘Ta Chen Stainless Steel’’). Because Alloy Piping II constitutes a final and conclusive court decision in this action, we are amending the final results of review in this proceeding and we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to liquidate entries subject to this review. DATES: EFFECTIVE DATE:April 25, 2008. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\25APN1.SGM 25APN1 Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices sroberts on PROD1PC70 with NOTICES Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: 202–482–3208. SUPPLEMENTARY INFORMATION: BACKGROUND Following publication of the Final Results, Ta Chen filed a lawsuit with the CIT challenging the Department’s findings. In Alloy Piping v. United States, Slip Op. 04–46 (CIT 2004) (‘‘Alloy Piping I’’), the CIT remanded the Department’s final results to permit it: (1) to reconsider the factual and legal basis for its determination concerning the alleged reimbursement agreement; (2) to reconsider its calculation of constructed export price (‘‘CEP’’) profit; and (3) the opportunity to fully articulate the reasoning underlying its findings, conclusions and determination on the remanded issues. The Department complied with the CIT’s remand instructions and issued its Remand Results on August 16, 2004. See Remand Results. In the Remand Results, the Department reconsidered its decision concerning the reimbursement agreement and determined that the reimbursement agreement, in light of the new information submitted by Ta Chen on May 18, 2004, did not apply for the June 1, 1998, through May 31, 1999, period, but was instead limited to the 1992–1994 period. The Department also reconsidered its CEP profit calculation and determined that the CEP profit equation is symmetric with regard to the imputed interest expenses such that the imputed interest expenses in the ‘‘Total U.S. Expenses’’ numerator are in fact reflected in recognized financial expenses in the ‘‘Total Expenses’’ denominator and the ‘‘Total Actual Profit’’ multiplier. Thus, the Department did not change Ta Chen’s CEP profit. As a result of the remand determination, the antidumping duty rate for Ta Chen was decreased from 12.84 to 6.42 percent. The CIT did not receive comments from any interested parties regarding the Department’s Remand Results. On April 6, 2006, the CIT affirmed the Department’s findings in the Remand Results. Specifically, the CIT affirmed the Department’s finding that Ta Chen did not reimburse antidumping duties during the POR and the Department’s decision not to change Ta Chen’s CEP profit calculation. See Alloy Piping II. On April 18, 2006, consistent with the decision of the United States Court of Appeals for the Federal Circuit in Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990), the Department notified the public that the CIT’s VerDate Aug<31>2005 20:20 Apr 24, 2008 Jkt 214001 decision was ‘‘not in harmony’’ with the Final Results. See Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Notice of Court Decision and Suspension of Liquidation, 71 FR 19873 (April 18, 2006). On June 5, 2006, Ta Chen appealed the CIT’s decision to the CAFC. On September 21, 2006, in Ta Chen Stainless Steel, the CAFC dismissed the appeal pursuant to the parties’ dismissal agreement. Because Alloy Piping II constitutes a final and conclusive court decision in this action, we are amending our final results of review and we will instruct CBP to liquidate entries subject to this review. AMENDED FINAL RESULTS Because no further appeals have been filed and there is now a final and conclusive decision in the court proceeding, we are amending the final results of administrative review of the antidumping order on certain stainless steel butt–weld pipe fittings from Taiwan for the period of June 1, 1998, through May 31, 1999. The revised weight-averaged dumping margin is as follows: 22325 Dated: April 18, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–9142 Filed 4–24–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Implementation of Grants to Manufacturers of Certain Worsted Wool Fabrics Established Under Title IV of the Miscellaneous Trade and Technical Corrections Act of 2004 Department of Commerce, International Trade Administration. ACTION: Notice Announcing the Availability of Grant Funds. AGENCY: SUMMARY: This Notice announces the availability of grant funds in calendar year 2008 for U.S. manufacturers of certain worsted wool fabrics. The purpose of this notice is to provide the general public with a single source of program and application information related to the worsted wool grant offerings and it contains the information about the program required to be Amend- published in the Federal Register. Final ed DATES: Applications by eligible U.S. Company Margin Final producers of certain worsted wool Margin fabrics must be received or postmarked Ta Chen... ........................ 12.84 6.42 by 5:00 p.m. Eastern Daylight Standard Time onMay 27, 2008. Applications received after the closing date and time ASSESSMENT RATES will not be considered. ADDRESSES: Applications must be The Department will determine, and CBP shall assess, antidumping duties on submitted to the Eastern Hemisphere, Office of Textiles and Apparel, Room all appropriate entries. In accordance 3001, U.S. Department of Commerce, with 19 CFR 351.212(b)(1), we have calculated importer-specific assessment Washington, DC 20230, (202) 482-4058. FOR FURTHER INFORMATION CONTACT: Jim rates. Where the importer-specific Bennett, Office of Textiles and Apparel, assessment rate is above de minimis on U.S. Department of Commerce, (202) an ad valorem basis, calculated by dividing the dumping margins found on 482-4058. examined subject merchandise by the SUPPLEMENTARY INFORMATION: estimated entered value, we will Electronic Access: The full funding instruct CBP to assess antidumping opportunity announcement for the duties on that importer’s entries of worsted wool fabrics program is subject merchandise. In accordance available through FedGrants at https:// with 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard www.grants.gov. The Catalog of Federal Domestic Assistance (CFDA) Number is to antidumping duties any entries for 11.113, Special Projects. which the importer-specific assessment Statutory Authority: Section rate is de minimis (i.e., less than 0.5 4002(c)(6) of the Miscellaneous Trade percent ad valorem). The Department and Technical Corrections Act of 2004 will issue appropriate assessment (Public Law 108-429, 118 Stat. 2603) instructions directly to CBP 15 days (the ‘‘Act’’). The Act was amended after publication of these amended final pursuant to Section 1633 of the Pension results of review. Protection Act of 2006 (Public Law 109This notice is issued and published in 280), which extended the availability of accordance with section 751(a)(1) of the grant funds through 2009 and modified Tariff Act of 1930, as amended. the eligibility criteria. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22324-22325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9142]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(A-583-816)


Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: 
Notice of Amended Final Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: On April 6, 2006, in Alloy Piping Products, Inc., Flowline 
Division, et al. v. United States, Slip Op. 06-47, (``Alloy Piping 
II''), the Court of International Trade (``CIT'') affirmed the 
Department of Commerce's (the ``Department'') Final Results of 
Determination Pursuant to Remand (``Remand Results''), dated August 16, 
2004, and entered a judgment order. This litigation related to the 
Department's review of the antidumping order on certain stainless steel 
butt-weld pipe fittings from Taiwan, covering the period of review 
(``POR'') June 1, 1998, through May 31, 1999. See Certain Stainless 
Steel Butt-Weld Pipe Fittings Final Results of Antidumping Duty 
Administrative Review, 65 FR 81827, 81828 (December 27, 2000) (``Final 
Results''). On June 5, 2006, Ta Chen Stainless Steel Pipe, Ltd. (``Ta 
Chen'') appealed the CIT's decision to the Court of Appeals for the 
Federal Circuit (``CAFC''). On September 21, 2006, the CAFC dismissed 
the appeal pursuant to the parties' dismissal agreement. See Ta Chen 
Stainless Steel Pipe, Ltd., v. United States, 208 Fed. Appx. 818, 2006 
U.S. App. LEXIS 24777 (Fed. Cir. 2006) (``Ta Chen Stainless Steel''). 
Because Alloy Piping II constitutes a final and conclusive court 
decision in this action, we are amending the final results of review in 
this proceeding and we will instruct U.S. Customs and Border Protection 
(``CBP'') to liquidate entries subject to this review.

DATES: EFFECTIVE DATE:April 25, 2008.

FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Alex 
Villanueva, AD/CVD Operations,

[[Page 22325]]

Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, 
DC 20230; telephone: 202-482-3208.

SUPPLEMENTARY INFORMATION:

BACKGROUND

    Following publication of the Final Results, Ta Chen filed a lawsuit 
with the CIT challenging the Department's findings. In Alloy Piping v. 
United States, Slip Op. 04-46 (CIT 2004) (``Alloy Piping I''), the CIT 
remanded the Department's final results to permit it: (1) to reconsider 
the factual and legal basis for its determination concerning the 
alleged reimbursement agreement; (2) to reconsider its calculation of 
constructed export price (``CEP'') profit; and (3) the opportunity to 
fully articulate the reasoning underlying its findings, conclusions and 
determination on the remanded issues.
    The Department complied with the CIT's remand instructions and 
issued its Remand Results on August 16, 2004. See Remand Results. In 
the Remand Results, the Department reconsidered its decision concerning 
the reimbursement agreement and determined that the reimbursement 
agreement, in light of the new information submitted by Ta Chen on May 
18, 2004, did not apply for the June 1, 1998, through May 31, 1999, 
period, but was instead limited to the 1992-1994 period. The Department 
also reconsidered its CEP profit calculation and determined that the 
CEP profit equation is symmetric with regard to the imputed interest 
expenses such that the imputed interest expenses in the ``Total U.S. 
Expenses'' numerator are in fact reflected in recognized financial 
expenses in the ``Total Expenses'' denominator and the ``Total Actual 
Profit'' multiplier. Thus, the Department did not change Ta Chen's CEP 
profit. As a result of the remand determination, the antidumping duty 
rate for Ta Chen was decreased from 12.84 to 6.42 percent. The CIT did 
not receive comments from any interested parties regarding the 
Department's Remand Results.
    On April 6, 2006, the CIT affirmed the Department's findings in the 
Remand Results. Specifically, the CIT affirmed the Department's finding 
that Ta Chen did not reimburse antidumping duties during the POR and 
the Department's decision not to change Ta Chen's CEP profit 
calculation. See Alloy Piping II. On April 18, 2006, consistent with 
the decision of the United States Court of Appeals for the Federal 
Circuit in Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990), 
the Department notified the public that the CIT's decision was ``not in 
harmony'' with the Final Results. See Certain Stainless Steel Butt-Weld 
Pipe Fittings from Taiwan: Notice of Court Decision and Suspension of 
Liquidation, 71 FR 19873 (April 18, 2006).
    On June 5, 2006, Ta Chen appealed the CIT's decision to the CAFC. 
On September 21, 2006, in Ta Chen Stainless Steel, the CAFC dismissed 
the appeal pursuant to the parties' dismissal agreement. Because Alloy 
Piping II constitutes a final and conclusive court decision in this 
action, we are amending our final results of review and we will 
instruct CBP to liquidate entries subject to this review.

AMENDED FINAL RESULTS

    Because no further appeals have been filed and there is now a final 
and conclusive decision in the court proceeding, we are amending the 
final results of administrative review of the antidumping order on 
certain stainless steel butt-weld pipe fittings from Taiwan for the 
period of June 1, 1998, through May 31, 1999. The revised weight-
averaged dumping margin is as follows:

------------------------------------------------------------------------
                                                                 Amended
                        Company                          Final    Final
                                                         Margin   Margin
------------------------------------------------------------------------
Ta Chen...............................................    12.84     6.42
------------------------------------------------------------------------

ASSESSMENT RATES

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR 
351.212(b)(1), we have calculated importer-specific assessment rates. 
Where the importer-specific assessment rate is above de minimis on an 
ad valorem basis, calculated by dividing the dumping margins found on 
examined subject merchandise by the estimated entered value, we will 
instruct CBP to assess antidumping duties on that importer's entries of 
subject merchandise. In accordance with 19 CFR 351.106(c)(2), we will 
instruct CBP to liquidate without regard to antidumping duties any 
entries for which the importer-specific assessment rate is de minimis 
(i.e., less than 0.5 percent ad valorem). The Department will issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of these amended final results of review.
    This notice is issued and published in accordance with section 
751(a)(1) of the Tariff Act of 1930, as amended.

    Dated: April 18, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-9142 Filed 4-24-08; 8:45 am]
BILLING CODE 3510-DS-S

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