[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Notices]
[Pages 55832-55833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27354]
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[[Page 55833]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From Korea: Notice of Final
Court Decision and Amended Final Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final court decision and amended final determination.
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SUMMARY: On August 11, 1995, in the case of Laclede Steel Co. v. United
States, Cons. Ct. No. 92-12-00784, Slip Op. 95-144 (``Laclede''), the
United States Court of International Trade (the Court) affirmed the
Department of Commerce's (the Department's) results of redetermination
on remand of the final determination of sales at less than fair value
of circular welded non-alloy steel pipe from Korea. As there is now a
final and conclusive court decision in this action, we are amending our
final determination in this matter and will instruct the U.S. Customs
Service to change cash deposit rates accordingly.
EFFECTIVE DATE: November 3, 1995.
FOR FURTHER INFORMATION CONTACT: Erik Warga, Office of Antidumping
Investigations, Import Administration, U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, D.C. 20230,
telephone: (202) 482-0922.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 1992, the Department published its final
determination of sales at less-than-fair-value. Final Determination of
Sales at Less Than Fair Value: Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea, 57 FR 42942 (Sept. 17, 1992). On November
2, 1992, the Department published its amendment to the final
determination of sales at less-than-fair-value. Notice of Antidumping
Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the
Republic of Korea, Mexico, and Venezuela, and Amendment to Final
Determination of Sales at Less Than Fair Value: Circular Welded Non-
Alloy Steel Pipe From the Republic of Korea, 57 FR 49453 (Nov. 2,
1992).
Subsequent to the Department's final determination, petitioners and
three of the investigated companies filed lawsuits with the Court
challenging this determination. Thereafter, the Court issued an Order
and Opinion dated October 12, 1994, in Laclede Steel Co. v. United
States, Cons. Ct. No. 92-12-00784, Slip Op. 94-160, remanding three
issues to the Department. The Court instructed the Department to (1)
reconsider its original determination that certain overrun pipe sales
were within the ordinary course of trade; (2) grant duty drawback
adjustments on all U.S. sales, including those compared to constructed
value; and (3) conduct a correlation test, utilizing only the price
factor, to determine whether there was a correlation between price and
levels of trade for the subject merchandise.
The Department filed its remand results on March 3, 1995. On March
9, 1995, the Department filed amended results to correct certain
typographical errors. In the remand results, the Department found the
overrun pipe sales at issue to be outside the ordinary course of trade.
In accordance with the Court's instructions, the Department granted
adjustments for duty drawback for all U.S. sales. Additionally, as the
results of the correlation test were inconclusive, the Department
calculated foreign market value without regard to level of trade.
On August 11, 1995, the Court sustained the Department's remand
results. See Laclede Steel Co. v. United States, Cons. Ct. No. 92-12-
00784, Slip Op. 95-144 (CIT Aug. 11, 1995).
On September 1, 1995, the Department published a notice of court
decision pursuant to 19 U.S.C. 1516a(e). Court Decision and Suspension
of Liquidation: Circular Welded Non-Alloy Steel Pipe From Korea, 60 FR
45700 (Sept. 1, 1995). In that notice, we stated that we would suspend
liquidation until there was a ``conclusive'' decision in the action.
Since publication of that notice, the domestic industry has filed an
appeal challenging the Court's order granting intervention to two
Korean producers of the subject merchandise. No other appeal was filed.
Since the domestic industry's appeal challenges a decision of the Court
which is not a decision ``not in harmony'' with the agency's decision,
there is now a ``conclusive'' decision in this action.
Amendment to Final Determination
Pursuant to 19 U.S.C. 1516a(e), we are now amending the final
determination in circular welded non-alloy steel pipe from Korea.
The recalculated weighted-average dumping margins are as follows:
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Margin
Manufacturer/producer/exporter (percentage)
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Hyundai Steel Pipe Co., Ltd............................... 4.62
Korea Steel Pipe Co., Ltd................................. 4.08
Masan Steel Tube Co....................................... 11.63
Pusan Steel Pipe Co., Ltd................................. 5.35
All others................................................ 4.80
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The Department will instruct the U.S. Customs Service to change the
cash deposit requirements in accordance with the above rates.
Dated: October 30, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration
[FR Doc. 95-27354 Filed 11-2-95; 8:45 am]
BILLING CODE 3510-DS-P