[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Pages 24459-24461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9819]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-828]
Stainless Steel Butt-Weld Pipe Fittings From Italy: Final Results
of Antidumping Duty Administrative Review and Final No Shipment
Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 22, 2011, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on stainless steel butt-weld pipe fittings (SSBW pipe
fittings) from Italy.\1\ This review covers two respondent companies
and the period of review is from February 1, 2010, through January 31,
2011. We invited interested parties to comment on the preliminary
results but received no comments. Therefore, our final results remain
unchanged from the preliminary results of review.
---------------------------------------------------------------------------
\1\ See Stainless Steel Butt-Weld Pipe Fittings From Italy:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary No Shipment Determination, 76 FR 79651 (December 22,
2011) (Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective Date: April 24, 2012.
FOR FURTHER INFORMATION CONTACT: Edythe Artman 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-
3931 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 22, 2011, the Department published the preliminary
results of the current administrative review on SSBW pipe fittings from
Italy in the Federal Register. See Preliminary Results. In these
results, we preliminarily determined that the respondent Filmag Italia
SRL (Filmag) had no reviewable transactions during the period of
review. With respect to the respondent Tectubi Raccordi S.p.A.
(Tectubi), we determined that it and two of its affiliates, Raccordi
Forgiati S.r.l. (Raccordi) and Allied International S.r.l. (Allied)
should be treated as a single entity for purposes of calculating a
dumping margin pursuant to the provisions of 19 CFR 351.401(f) and
consequently, we calculated a preliminary dumping margin based on the
sales information reported by Tectubi for all three companies.
[[Page 24460]]
We invited parties to comment on the preliminary results of review
but received no comments and did not receive any requests for a
hearing.
Period of Review
The period of review is February 1, 2010, through January 31, 2011.
Scope of the Order
For purposes of the order, the product covered is certain stainless
steel, butt-weld pipe fittings. SSBW pipe fittings are under 14 inches
in outside diameter (based on nominal pipe size), whether finished or
unfinished. The product encompasses all grades of stainless steel and
``commodity'' and ``specialty'' fittings. Specifically excluded from
the definition are threaded, grooved, and bolted fittings, and fittings
made from any material other than stainless steel.
The butt-weld fittings subject to the order are generally
designated under specification ASTM A403/A403M, the standard
specification for Wrought Austenitic Stainless Steel Piping Fittings,
or its foreign equivalents (e.g., DIN or JIS specifications). This
specification covers two general classes of fittings, WP and CR, of
wrought austenitic stainless steel fittings of seamless and welded
construction covered by the latest revision of ANSI B16.9, ANSI B16.11,
and ANSI B16.28. Butt-weld fittings manufactured to specification ASTM
A774, or its foreign equivalents, are also covered by the order.
The order does not apply to cast fittings. Cast austenitic
stainless steel pipe fittings are covered by specifications A351/A351M,
A743/743M, and A744/A744M.
The butt-weld fittings subject to the order is currently
classifiable under subheading 7307.23.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheading is
provided for convenience and customs purposes, the written description
of the scope of the order is dispositive.
Final Determination of No Shipments
As noted in the Preliminary Results, Filmag stated that it had no
sales of subject merchandise during the period of review in response to
our antidumping questionnaire and we were able to confirm with U.S.
Customs and Border Protection (CBP) that the company had no entries of
subject merchandise during this period. Based on this evidence, we
preliminarily determined that Filmag had no reviewable transactions
during the period of review. We further found that if, in the final
results, we continued to find that Filmag had no reviewable
transactions of subject merchandise, we would instruct CBP to liquidate
any existing entries of merchandise produced by Filmag but exported by
other parties at the all-others rate.\2\ Because we have no basis to
find otherwise, we continue to find that Filmag had no reviewable
transactions of subject merchandise during the period of review for the
final results of review. Furthermore, we continue to find that it is
more consistent with our May 6, 2003, ``automatic assessment''
clarification \3\ not to rescind the review in part in these
circumstances but, rather, to complete the review with respect to
Filmag and issue appropriate instructions to CBP based on our final
results. See the ``Assessment Rates'' section of this notice below.
---------------------------------------------------------------------------
\2\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922 (May 13, 2010), unchanged in Magnesium Metal From the Russian
Federation: Final Results of Antidumping Duty Administrative Review,
75 FR 56989 (September 17, 2010).
\3\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment of Antidumping Duties).
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period February 1, 2010, through January 31, 2011:
------------------------------------------------------------------------
Weighted
average
Manufacturer/exporter margins
(percent)
------------------------------------------------------------------------
Tectubi Raccordi S.p.A./Raccordi Forgiati S.r.l./Allied 0.00
International S.r.l......................................
Filmag Italia SRL......................................... *
------------------------------------------------------------------------
* No shipments or sales subject to this review. The firm does not have
an individual rate from a prior segment of the proceeding.
Assessment Rates
We will instruct CBP to apply a dumping margin of zero percent to
all entries of subject merchandise during the period of review that
were produced by Tectubi or Raccordi and exported and imported by
Tectubi.\4\
---------------------------------------------------------------------------
\4\ Although we found it appropriate to collapse the sales
information reported by Tectubi, Raccordi and Allied for our margin
analysis, all subject merchandise under review was produced by
Tectubi or Raccordi, exported by Tectubi and imported by Tectubi.
---------------------------------------------------------------------------
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Assessment of Antidumping Duties. This clarification
will apply to entries of subject merchandise during the period of
review produced by Tectubi, Raccordi and Filmag for which they 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 of 26.59 percent, established in the less-than-fair-
value investigation of the order,\5\ if there is no rate for the
intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------
\5\ See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe
Fittings From Italy, Malaysia, and the Philippines, 66 FR 11257,
11258 (February, 23, 2001).
---------------------------------------------------------------------------
We intend to issue assessment instructions to CBP 15 days after
publication of these final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of these
final results, consistent with section 751(a)(2)(C) of the Act: (1) For
subject merchandise manufactured and exported by the collapsed Tectubi
companies (i.e., Tectubi, Raccordi and Allied), the cash deposit rate
will be zero; (2) for previously reviewed or investigated companies
other than the collapsed Tectubi companies, the cash-deposit rate will
continue to be the company-specific rate published for the most-recent
period; (3) if the exporter is not a firm covered in this review, the
prior review, or the investigation but the manufacturer is, the cash-
deposit rate will be the rate established for the most recent period
for the manufacturer of the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm covered in this or any previous
review conducted by the Department, the cash-deposit rate will be the
all-others rate of 26.59 percent. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notifications to Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative
[[Page 24461]]
protective orders (APO) of their responsibility concerning the return
or destruction of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
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 violation,
which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: April 17, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-9819 Filed 4-23-12; 8:45 am]
BILLING CODE 3510-DS-P