Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Final Results and Final Rescission in Part of Antidumping Duty Administrative Review, 1174-1175 [E9-356]
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Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–816]
Certain Stainless Steel Butt-Weld Pipe
Fittings from Taiwan: Final Results and
Final Rescission in Part of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2008, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the preliminary results
of the administrative review of the
antidumping duty 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, 73 FR 38972
(July 8, 2008) (‘‘Preliminary Results’’).
The merchandise covered by the 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, 2006, through May 31, 2007. We
provided interested parties an
opportunity to comment on our
Preliminary Results. Based upon our
analysis of the comments received, we
made changes to the margin calculation.
The final weighted-average dumping
margin is listed below in the section
titled ‘‘Final Results of Review.’’
EFFECTIVE DATE: January 12, 2009.
FOR FURTHER INFORMATION CONTACT: John
Drury or Angelica Mendoza, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0195 or (202) 482–
3019, respectively.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with NOTICES
Background
The Department’s preliminary results
of review were published on July 8,
2008. See Preliminary Results. We
invited parties to comment on the
Preliminary Results. We received case
briefs from Markovitz Enterprises, Inc.
(Flowline Division), Gerlin, Inc., Shaw
Alloy Piping Products, Inc., and Taylor
Forge Stainless, Inc. (collectively,
‘‘Petitioners’’) (‘‘Petitioners’ Brief’’) and
from Ta Chen Stainless Pipe Co., Ltd.
(‘‘Ta Chen’s Brief’’) on August 7, 2008.
We received rebuttal briefs from
Petitioners on August 14, 2008 and Ta
VerDate Nov<24>2008
20:34 Jan 09, 2009
Jkt 217001
Chen on August 15, 2008 (‘‘Petitioners’
Rebuttal Brief’’ and ‘‘Ta Chen’s Rebuttal
Brief,’’ respectively). Petitioners
requested a public hearing, which was
conducted on August 19, 2008. On
August 20, 2008, Ta Chen submitted a
letter asking that the Department solicit
additional information on Ta Chen’s
costs of production. On August 22,
2008, Petitioners submitted a letter
urging the Department to deny Ta
Chen’s request. On August 25, 2008, Ta
Chen submitted a letter answering
Petitioners’ letter of August 22, 2008.
Scope of the Order
The products subject to the order are
certain stainless steel butt-weld pipe
fittings, whether finished or unfinished,
under 14 inches inside diameter.
Certain welded stainless steel butt-weld
pipe fittings (‘‘pipe fittings’’) are used to
connect pipe sections in piping systems
where conditions require welded
connections. The subject merchandise is
used where one or more of the following
conditions is a factor in designing the
piping system: (1) Corrosion of the
piping system will occur if material
other than stainless steel is used; (2)
contamination of the material in the
system by the system itself must be
prevented; (3) high temperatures are
present; (4) extreme low temperatures
are present; and (5) high pressures are
contained within the system. Pipe
fittings come in a variety of shapes, with
the following five shapes the most basic:
‘‘elbows,’’ ‘‘tees,’’ ‘‘reducers,’’ ‘‘stub
ends,’’ and ‘‘caps.’’ The edges of
finished pipe fittings are beveled.
Threaded, grooved, and bolted fittings
are excluded from the order. The pipe
fittings subject to the 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 the order is
dispositive. Pipe fittings manufactured
to American Society of Testing and
Materials specification A774 are
included in the scope of the 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
they had no entries of subject
merchandise during the POR. See
Preliminary Results at 38974. As the
Department received no comments on
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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 Final Results of
Antidumping Duty Administrative
Review of Certain Stainless Steel ButtWeld Pipe Fittings from Taiwan
(‘‘Decision Memorandum’’), dated
January 5, 2009, which is hereby
adopted by this notice. A list of the
issues raised and to which we have
responded is found in the Decision
Memorandum, appended to this notice.
The Decision Memorandum is on file in
the Central Records Unit in room 1117
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.
Final Results of Review
As a result of our review, we
determine that the following weightedaverage margin exists for the period
June 1, 2006, through May 31, 2007:
Manufacturer Weighted-Average
Margin
Ta Chen Stainless Pipe Co., Ltd 2.45
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
Tariff Act of 1930, as Amended (‘‘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
manufactured or exported 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
E:\FR\FM\12JAN1.SGM
12JAN1
Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Notices
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.
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 certain 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
company 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-thanfair-value investigation or a prior
review, 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 the less-thanfair-value 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.
sroberts on PROD1PC70 with NOTICES
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. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). 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 allothers 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).
Dated: January 5, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Notification to 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.
VerDate Nov<24>2008
20:34 Jan 09, 2009
Jkt 217001
Notification Regarding Administrative
Protective Orders
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(a)(3). 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.
APPENDIX
Issues in Decision Memorandum
1. Calculation of Revised Cost of
Production (‘‘COP’’)
2. Calculation of Storage Expenses
3. Constructed Export Price (‘‘CEP’’)
Offset
4. Identification of Manufacturer
5. Ta Chen’s Raw Material Cost
6. Calculation of CEP Profit Ratio
[FR Doc. E9–356 Filed 1–9–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Coastal and
Estuarine Land Conservation Planning,
Protection or Restoration
AGENCY: National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice.
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
SUMMARY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
1175
DATES: Written comments must be
submitted on or before March 13, 2009.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 7845,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Elaine Vaudreuil, (301) 713–
3155 ext. 103 or
Elaine.Vaudreuil@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The FY 2002 Commerce, Justice, State
Appropriations Act directed the
Secretary of Commerce to establish a
Coastal and Estuarine Land
Conservation Program (CELCP) to
protect important coastal and estuarine
areas that have significant conservation,
recreation, ecological, historical, or
aesthetic values, or that are threatened
by conversion, and to issue guidelines
for this program delineating the criteria
for grant awards. The guidelines
establish procedures for eligible
applicants who choose to participate in
the program to use when developing
state conservation plans, proposing or
soliciting projects under this program,
applying for funds, and carrying out
projects under this program in a manner
that is consistent with the purposes of
the program. Guidelines for the CELCP
can be found on NOAA’s Web site at:
https://coastalmanagement.noaa.gov/
land/ or may be obtained upon request
via the contact information listed above.
NOAA also has, or is given, authority
under the Coastal Zone Management
Act, annual appropriations or other
authorities, to issue funds to coastal
states, localities or other recipients for
planning, conservation, acquisition,
protection, restoration, or construction
projects. The required information
enables NOAA to implement the
CELCP, under its current or future
authorization, and facilitate the review
of similar projects under different, but
related, authorities.
II. Method of Collection
Respondents have a choice of
electronic or paper formats for
submitting CELCP plans, project
applications, performance reports and
other required materials. Project
applications may be submitted
electronically via Grants.gov or by mail
in paper form. Methods of submittal for
plans, performance reports or other
E:\FR\FM\12JAN1.SGM
12JAN1
]]>Agencies
[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Notices]
[Pages 1174-1175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-356]
[[Page 1174]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-816]
Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan:
Final Results and Final Rescission in Part of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2008, the Department of Commerce (``Department'')
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty 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, 73 FR 38972 (July 8, 2008) (``Preliminary
Results''). The merchandise covered by the 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, 2006, through May 31, 2007. We provided interested parties
an opportunity to comment on our Preliminary Results. Based upon our
analysis of the comments received, we made changes to the margin
calculation. The final weighted-average dumping margin is listed below
in the section titled ``Final Results of Review.''
EFFECTIVE DATE: January 12, 2009.
FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0195 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department's preliminary results of review were published on
July 8, 2008. See Preliminary Results. We invited parties to comment on
the Preliminary Results. We received case briefs from Markovitz
Enterprises, Inc. (Flowline Division), Gerlin, Inc., Shaw Alloy Piping
Products, Inc., and Taylor Forge Stainless, Inc. (collectively,
``Petitioners'') (``Petitioners' Brief'') and from Ta Chen Stainless
Pipe Co., Ltd. (``Ta Chen's Brief'') on August 7, 2008. We received
rebuttal briefs from Petitioners on August 14, 2008 and Ta Chen on
August 15, 2008 (``Petitioners' Rebuttal Brief'' and ``Ta Chen's
Rebuttal Brief,'' respectively). Petitioners requested a public
hearing, which was conducted on August 19, 2008. On August 20, 2008, Ta
Chen submitted a letter asking that the Department solicit additional
information on Ta Chen's costs of production. On August 22, 2008,
Petitioners submitted a letter urging the Department to deny Ta Chen's
request. On August 25, 2008, Ta Chen submitted a letter answering
Petitioners' letter of August 22, 2008.
Scope of the Order
The products subject to the order are certain stainless steel butt-
weld pipe fittings, whether finished or unfinished, under 14 inches
inside diameter. Certain welded stainless steel butt-weld pipe fittings
(``pipe fittings'') are used to connect pipe sections in piping systems
where conditions require welded connections. The subject merchandise is
used where one or more of the following conditions is a factor in
designing the piping system: (1) Corrosion of the piping system will
occur if material other than stainless steel is used; (2) contamination
of the material in the system by the system itself must be prevented;
(3) high temperatures are present; (4) extreme low temperatures are
present; and (5) high pressures are contained within the system. Pipe
fittings come in a variety of shapes, with the following five shapes
the most basic: ``elbows,'' ``tees,'' ``reducers,'' ``stub ends,'' and
``caps.'' The edges of finished pipe fittings are beveled. Threaded,
grooved, and bolted fittings are excluded from the order. The pipe
fittings subject to the 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 the order
is dispositive. Pipe fittings manufactured to American Society of
Testing and Materials specification A774 are included in the scope of
the 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 they had no entries of
subject merchandise during the POR. See Preliminary Results at 38974.
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 Final Results of Antidumping Duty
Administrative Review of Certain Stainless Steel Butt-Weld Pipe
Fittings from Taiwan (``Decision Memorandum''), dated January 5, 2009,
which is hereby adopted by this notice. A list of the issues raised and
to which we have responded is found in the Decision Memorandum,
appended to this notice. The Decision Memorandum is on file in the
Central Records Unit in room 1117 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.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period June 1, 2006, through May
31, 2007:
Manufacturer Weighted-Average Margin
Ta Chen Stainless Pipe Co., Ltd 2.45 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 Tariff Act
of 1930, as Amended (``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
manufactured or exported 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
[[Page 1175]]
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. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 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 certain 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 company 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 or a prior
review, 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 the less-than-fair-value
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.
Notification to 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.
Notification Regarding Administrative Protective Orders
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(a)(3). 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: January 5, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
APPENDIX
Issues in Decision Memorandum
1. Calculation of Revised Cost of Production (``COP'')
2. Calculation of Storage Expenses
3. Constructed Export Price (``CEP'') Offset
4. Identification of Manufacturer
5. Ta Chen's Raw Material Cost
6. Calculation of CEP Profit Ratio
[FR Doc. E9-356 Filed 1-9-09; 8:45 am]
BILLING CODE 3510-DS-S
