Certain Carbon Steel Butt-Weld Pipe Fittings From Thailand: Final Results of Changed-Circumstances Antidumping Duty Review, 8904-8905 [E9-4239]

Download as PDF 8904 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices DEPARTMENT OF COMMERCE Foreign–Trade Zones Board [Docket 7–2009] rwilkins on PROD1PC63 with NOTICES2 Foreign–Trade Zone 57 - Mecklenburg County, NC, Application for Subzone Status, FMS Enterprises USA, Inc. (Para–Aramid UD Shield) An application has been submitted to the Foreign–Trade Zones Board (the Board) by the North Carolina Department of Commerce, grantee of FTZ 57, requesting special–purpose subzone status for the para–aramid UD shield manufacturing plant of FMS Enterprises USA, Inc. (FMS), located in Lincolnton, North Carolina. The application was submitted pursuant to the provisions of the Foreign–Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR part 400). It was formally filed on February 20, 2009. The FMS facility (40 employees/23 acres/57,600 sq.ft.) is located at 2001 Kawai Road in Lincolnton, North Carolina. The plant is used to produce para–aramid UD shield tape (up to 3 million pounds per year) for export and the domestic market. The manufacturing process involves layering and bonding of para–aramid fibers under heat and pressure to create finished composite shield tape. Foreign–origin para–aramid fiber (HTSUS 5402.11, duty rate: 8.8%) is used as the primary production input, which represents up to 75 percent of finished product value. FTZ procedures would exempt FMS from customs duty payments on the foreign para–aramid fiber used in export production (about 25% of annual shipments). On domestic shipments, the company could be able to elect the duty rate that applies to finished para– aramidUD shield tape (duty free) for the foreign material input noted above. The application indicates that the savings from FTZ procedures would help improve the facility’s international competitiveness.In accordance with the Board’s regulations, Pierre Duy of the FTZ Staff is designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the following address: Office of the Executive Secretary, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230–0002. The closing period for receipt of comments is April 28, 2009. Rebuttal comments in response to material submitted during the foregoing VerDate Nov<24>2008 18:43 Feb 26, 2009 Jkt 217001 period may be submitted during the subsequent 15-day period to May 13, 2009. A copy of the application will be available for public inspection at the Office of the Foreign–Trade Zones Board’s Executive Secretary at the address listed above and in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Pierre Duy at: pierrelduy@ita.doc.gov, or (202) 482– 1378. Dated: February 20, 2009. Andrew McGilvray, Executive Secretary. [FR Doc. E9–4237 Filed 2–26–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–549–807 Certain Carbon Steel Butt–Weld Pipe Fittings From Thailand: Final Results of Changed–Circumstances Antidumping Duty Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that Awaji Materia (Thailand) Co., Ltd. is the successor–in-interest to Awaji Sangyo (Thailand) Co., Ltd. (AST) and, as a result, should be accorded the same treatment previously accorded to AST with respect to the antidumping duty order on certain carbon steel butt–weld pipe fittings from Thailand. EFFECTIVE DATE: February 27, 2009. FOR FURTHER INFORMATION CONTACT: Kristin Case or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3174 and (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: Background On July 6, 1992, the Department published an antidumping duty order on pipe fittings from Thailand in which it stated that AST was excluded from the order due to its de minimis margin in the less–than-fair–value investigation. See Antidumping Duty Order; Certain Carbon Steel Butt–Weld Pipe Fittings From Thailand, 57 FR PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 29702 (July 6, 1992); see also Final Determination of Sales at Less Than Fair Value: Certain Carbon Steel Butt– Weld Pipe Fittings from Thailand, 57 FR 21065 (May 18, 1992).1 On November 18, 2008, the Department received a request for a changed–circumstances review of this order from AMT to determine if, for purposes of the antidumping law, AMT is the successor–in-interest to AST. On January 14, 2009, the Department published the notice of initiation for this changed–circumstances review and preliminarily found that AMT is the successor–in-interest to AST and should be treated as such for antidumping purposes. See Notice of Initiation and Preliminary Results of Changed– Circumstances Antidumping Duty Review: Certain Carbon Steel Butt–Weld Pipe Fittings From Thailand, 74 FR 2048 (January 14, 2009) (Preliminary Results). We invited interested parties to comment on the preliminary results. We received comments from AMT and Silbo Industries, Inc.2 Scope of the Order The scope of the order covers certain pipe fittings from Thailand. They are defined as carbon steel butt–weld pipe fittings, having an inside diameter of less than 14 inches, imported in either finished or unfinished form. These formed or forged pipe fittings are used to join sections in piping systems where conditions require permanent, welded connections, as distinguished from fittings based on other fastening methods (e.g., threaded, grooved, or bolted fittings). These imports are currently classifiable under subheading 7307.93.30 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description remains dispositive as to the scope of the order. Analysis of Comment Received The issue raised in the case briefs by parties in this review are addressed in the Issues and Decision Memorandum from John M. Andersen, Acting Deputy 1 As observed in the November 18, 2008, request from AMT, exports of subject merchandise of AST were also the subject of a subsequent investigation in which the International Trade Commission concluded that the exports did not result in the material injury or threat of material injury to the U.S. industry or in material retardation of the establishment of an industry in the United States. See Certain Carbon Steel Butt–Weld Pipe Fittings From France, India, Israel, Malaysia, The Republic of Korea, Thailand, The United Kingdom, and Venezuela, 60 FR 18611 (April 12, 1995). 2 Silbo Industries Inc. is an importer of certain carbon steel butt–weld pipe fittings produced by AMT. E:\FR\FM\27FEN1.SGM 27FEN1 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, dated February 20, 2009 (Decision Memo), which is hereby adopted by this notice. The Decision Memo, which is a public document, is on file in the Central Records Unit, main Department of Commerce building, Room 1117, and is accessible on the Web at https:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Dated: February 20, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Final Results of Changed– Circumstances Review [Application No. 08–00009] [FR Doc. E9–4239 Filed 2–26–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review For the reasons stated in the Preliminary Results, we continue to find that AMT is the successor–in-interest to AST. We will apply this determination retroactively and will instruct U.S. Customs and Border Protection (CBP) to liquidate, without regard to antidumping duties, all unliquidated entries entered, or withdrawn from warehouse, for consumption on or after August 1, 2006, the date of AST’s name change to AMT. See Stainless Steel Wire Rod from Italy: Notice of Final Results of Changed Circumstances Antidumping Duty Review, 71 FR 24643, 24644 (April 26, 2006); see also Certain Hot–Rolled Lead and Bismuth Carbon Steel Products from the United Kingdom: Final Results of Changed– Circumstances Antidumping and Countervailing Duty Administrative Review, 64 FR 66880, 66881 (Nov. 30, 1999). Notification This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. 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 terms of an APO is a sanctionable violation. This notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221. rwilkins on PROD1PC63 with NOTICES2 Appendix 1. Application of the Final Results Retroactively ACTION: Notice of Issuance of an Export Trade Certificate of Review to Golden Tree Trading Company Application (Application No. 08–00009). SUMMARY: On February 18, 2009, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Golden Tree Trading Company (‘‘GTTC’’). This notice summarizes the conduct for which certification has been granted. FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration, by telephone at (202) 482–5131 (this is not a toll-free number) or e-mail at oetca@ita.doc.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. The regulations implementing Title III are found at 15 CFR part 325 (2006). Export Trading Company Affairs (‘‘ETCA’’) is issuing this notice pursuant to 15 CFR section 325.6(b), which requires the Secretary of Commerce to publish a summary of the certification in the Federal Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary’s determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. Description of Certified Conduct GTTC is certified to engage in the Export Trade Activities and Methods of Operation described below in the following Export Trade and Export Markets. I. Export Trade 1. Products All Products. VerDate Nov<24>2008 16:39 Feb 26, 2009 Jkt 217001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 8905 2. Services All Services. 3. Technology Rights Technology rights that relate to Products and Services, including, but not limited to, patents, trademarks, copyrights, and trade secrets. 4. Export Trade Facilitation Services (as They Relate to the Export of Products, Services, and Technology Rights) Export Trade Facilitation Services, including, but not limited to, professional services in the areas of government relations and assistance with state and federal programs; foreign trade and business protocol; consulting; market research and analysis; collection of information on trade opportunities; marketing; negotiations; joint ventures; shipping; export management; export licensing; advertising; documentation and services related to compliance with customs requirements; insurance and financing; trade show exhibitions; organizational development; management and labor strategies; transfer of technology; transportation services; and facilitating the formation of shippers’ associations. II. Export Markets The Export Markets include all parts of the world except the United States (the fifty states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands). III. Export Trade Activities and Methods of Operation 1. With respect to the export of Products and Services, licensing of Technology Rights and provision of Export Trade Facilitation Services, GTTC, subject to the terms and conditions listed below, may: a. Provide and/or arrange for the provisions of Export Trade Facilitation Services and engage in promotional and marketing activities; b. Collect information on trade opportunities in the Export Markets and distribute such information to clients; c. Enter into exclusive and/or nonexclusive licensing and/or sales agreements with Suppliers for the export of Products, Services, and/or Technology Rights to Export Markets; d. Enter into exclusive and/or nonexclusive agreements with distributors and/or sales representatives in Export Markets; e. Allocate export sales or divide Export Markets among Suppliers for the E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 8904-8905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4239]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-549-807


Certain Carbon Steel Butt-Weld Pipe Fittings From Thailand: Final 
Results of Changed-Circumstances Antidumping Duty Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined, 
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the 
Act), that Awaji Materia (Thailand) Co., Ltd. is the successor-in-
interest to Awaji Sangyo (Thailand) Co., Ltd. (AST) and, as a result, 
should be accorded the same treatment previously accorded to AST with 
respect to the antidumping duty order on certain carbon steel butt-weld 
pipe fittings from Thailand.

EFFECTIVE DATE: February 27, 2009.

FOR FURTHER INFORMATION CONTACT: Kristin Case or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3174 and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 1992, the Department published an antidumping duty order 
on pipe fittings from Thailand in which it stated that AST was excluded 
from the order due to its de minimis margin in the less-than-fair-value 
investigation. See Antidumping Duty Order; Certain Carbon Steel Butt-
Weld Pipe Fittings From Thailand, 57 FR 29702 (July 6, 1992); see also 
Final Determination of Sales at Less Than Fair Value: Certain Carbon 
Steel Butt-Weld Pipe Fittings from Thailand, 57 FR 21065 (May 18, 
1992).\1\ On November 18, 2008, the Department received a request for a 
changed-circumstances review of this order from AMT to determine if, 
for purposes of the antidumping law, AMT is the successor-in-interest 
to AST. On January 14, 2009, the Department published the notice of 
initiation for this changed-circumstances review and preliminarily 
found that AMT is the successor-in-interest to AST and should be 
treated as such for antidumping purposes. See Notice of Initiation and 
Preliminary Results of Changed-Circumstances Antidumping Duty Review: 
Certain Carbon Steel Butt-Weld Pipe Fittings From Thailand, 74 FR 2048 
(January 14, 2009) (Preliminary Results). We invited interested parties 
to comment on the preliminary results. We received comments from AMT 
and Silbo Industries, Inc.\2\
---------------------------------------------------------------------------

    \1\ As observed in the November 18, 2008, request from AMT, 
exports of subject merchandise of AST were also the subject of a 
subsequent investigation in which the International Trade Commission 
concluded that the exports did not result in the material injury or 
threat of material injury to the U.S. industry or in material 
retardation of the establishment of an industry in the United 
States. See Certain Carbon Steel Butt-Weld Pipe Fittings From 
France, India, Israel, Malaysia, The Republic of Korea, Thailand, 
The United Kingdom, and Venezuela, 60 FR 18611 (April 12, 1995).
    \2\ Silbo Industries Inc. is an importer of certain carbon steel 
butt-weld pipe fittings produced by AMT.
---------------------------------------------------------------------------

Scope of the Order

    The scope of the order covers certain pipe fittings from Thailand. 
They are defined as carbon steel butt-weld pipe fittings, having an 
inside diameter of less than 14 inches, imported in either finished or 
unfinished form. These formed or forged pipe fittings are used to join 
sections in piping systems where conditions require permanent, welded 
connections, as distinguished from fittings based on other fastening 
methods (e.g., threaded, grooved, or bolted fittings). These imports 
are currently classifiable under subheading 7307.93.30 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description remains dispositive as to the scope of the 
order.

Analysis of Comment Received

    The issue raised in the case briefs by parties in this review are 
addressed in the Issues and Decision Memorandum from John M. Andersen, 
Acting Deputy

[[Page 8905]]

Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration, dated February 20, 2009 (Decision Memo), which is 
hereby adopted by this notice. The Decision Memo, which is a public 
document, is on file in the Central Records Unit, main Department of 
Commerce building, Room 1117, and is accessible on the Web at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Changed-Circumstances Review

    For the reasons stated in the Preliminary Results, we continue to 
find that AMT is the successor-in-interest to AST. We will apply this 
determination retroactively and will instruct U.S. Customs and Border 
Protection (CBP) to liquidate, without regard to antidumping duties, 
all unliquidated entries entered, or withdrawn from warehouse, for 
consumption on or after August 1, 2006, the date of AST's name change 
to AMT. See Stainless Steel Wire Rod from Italy: Notice of Final 
Results of Changed Circumstances Antidumping Duty Review, 71 FR 24643, 
24644 (April 26, 2006); see also Certain Hot-Rolled Lead and Bismuth 
Carbon Steel Products from the United Kingdom: Final Results of 
Changed-Circumstances Antidumping and Countervailing Duty 
Administrative Review, 64 FR 66880, 66881 (Nov. 30, 1999).

Notification

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 terms of an APO is a sanctionable violation.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216 and 351.221.

    Dated: February 20, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

1. Application of the Final Results Retroactively
[FR Doc. E9-4239 Filed 2-26-09; 8:45 am]
BILLING CODE 3510-DS-S