[Federal Register Volume 64, Number 238 (Monday, December 13, 1999)]
[Notices]
[Pages 69487-69488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32222]
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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 Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
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SUMMARY: On August 6, 1999, the Department of Commerce (the Department)
published preliminary results of an administrative review of the
antidumping duty order on certain carbon steel butt-weld pipe fittings
(pipe fittings) from Thailand. This review covers Thai Benkan
Corporation (TBC), a manufacturer/exporter of this merchandise to the
United States, during the period July 1, 1997, through June 30, 1998.
We preliminarily determined that sales of the subject merchandise have
been made below normal value. We gave parties an opportunity to comment
on our preliminary results. No comments were submitted to the
Department. Additionally, we have changed our exchange rate methodology
for a portion of the period covered by this review. However, this
modification has not affected our results. Consequently, our
preliminary results remain unchanged. We will instruct the U.S. Customs
Service to assess antidumping duties based on the difference between
the export price and the normal value.
EFFECTIVE DATE: December 13, 1999.
FOR FURTHER INFORMATION CONTACT: Zev Primor or Tom Futtner,
Antidumping/Countervailing Duty Enforcement, Office 4, Group II, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC
20230; telephone: (202) 482-4114 or 482-3814, respectively.
THE APPLICABLE STATUTE AND REGULATIONS: Unless otherwise indicated, all
citations to the statute are references to the provisions as of January
1, 1995, the effective date of the amendments made to the Tariff Act of
1930 (the Act), as amended, by the Uruguay Round Agreements Act (URAA).
In addition, unless otherwise indicated, all citations to the
Department's regulations refer to the regulations codified at 19 CFR
Part 351 (April 1998).
SUPPLEMENTARY INFORMATION:
Background
On July 6, 1992, the Department published in the Federal Register
an antidumping duty order on pipe fittings from Thailand (57 FR 29702).
On July 30, 1998, the respondent requested, in accordance with section
351.213(b) of the Department's regulations, an administrative review of
the antidumping duty order on pipe fittings from Thailand covering the
period July 1, 1997, through June 30, 1998. We published a notice of
initiation of the review on August 27, 1998, (63 FR 45796). On
September 15, 1998, the Department sent an antidumping questionnaire to
TBC. The Department received questionnaire responses in October and
November of 1998.
Under section 751(a)(3)(A) of the Act, the Department may extend
the deadline for completion of preliminary results if it determines
that it is not practicable to complete the review within the statutory
time limit. On March 10, 1999, the Department published notice of
extension of time limit for the preliminary results of this case (64 FR
11824). On May 7, 1999, we issued a supplemental questionnaire and
received a response to that questionnaire on May 27, 1999. On August 6,
1999, (64 FR 42902), the Department published preliminary results of
the administrative review. We gave interested parties an opportunity to
comment on the preliminary results. We received no comments. The
Department has now completed this administrative review in accordance
with section 751(a) of the Act.
Scope of the Review
The product covered by this order is certain 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). Carbon steel pipe fittings are currently classified
under subheading 7307.93.30 of the Harmonized Tariff Schedule (HTS).
Although the HTS subheadings are provided for convenience and customs
purposes, our written description of the scope of this proceeding is
dispositive. The review covers TBC and the period of review (POR) July
1, 1997, through June 30, 1998.
Currency Conversion
Effective July 2, 1997, the Thai government ended its restriction
on the movement of the dollar-baht exchange rate, thereby allowing the
rate to be determined by supply and demand. Our analysis of Federal
Reserve exchange rate data shows that the value of the Thai baht in
relation to the U.S. dollar fell on July 2, 1997, by about 18 percent
from the previous day and did not rebound significantly in a short
period of time. We have already concluded in another proceeding
involving Thailand that this drop constitutes a ``precipitous and
large'' decline for purposes of our exchange rate methodology. For a
more detailed discussion of the methodology used for periods of
``precipitous and
[[Page 69488]]
large'' exchange rate declines, please refer to Certain Welded Carbon
Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty
Administrative Review, 64 FR 56759 (October 21, 1999) (Pipes and Tubes
from Thailand). For these final results of review, we incorporated the
same methodology used in Pipes and Tubes from Thailand. However, the
results have not been affected. All of TBC's U.S. sales took place
during specific months in which we relied upon our ``standard'' 40-day
average benchmark.
Final Results of the Review
As a result of this review, we determine that the following
weighted-average dumping margin exists for the period July 1, 1997,
through June 30, 1998:
------------------------------------------------------------------------
Weighted-
Average
Manufacturer/exporter Margin
(percent)
------------------------------------------------------------------------
Thai Benkan Corporation, Ltd............................... 0.94
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The Department shall determine, and Customs shall assess,
antidumping duties on all appropriate entries. Upon completion of this
review, the Department will issue appraisement instructions directly to
Customs. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the determination and for future deposits of estimated duties. For
assessment of EP sales we calculated a per-unit customer or importer-
specific assessment rate by aggregating the dumping margins calculated
for all U.S. sales to each customer/importer and dividing this amount
by the total quantity of those sales.
Furthermore, the following cash deposit requirements will be
effective upon completion of the final results of this administrative
review for all shipments of pipe fittings from Thailand entered, or
withdrawn from warehouse, for consumption on or after the publication
date of the final results of this administrative review, as provided by
section 751(a)(1) of the Act: (1) The cash deposit rate for the
reviewed company will be the rate indicated above; (2) for exporters
not covered in this review, but covered in the original less than fair
value (LTFV) investigation or a previous review, the cash deposit rate
will continue to be the company-specific rate published in the most
recent period; (3) if the exporter is not a firm covered in this
review, a previous review, or the original LTFV 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 reviews or the original LTFV investigation, the cash
deposit rate will be 39.10 percent, the ``All Others'' rate from the
LTFV investigation (57 FR 29702, July 6, 1992). These requirements,
when imposed, shall remain in effect until publication of the final
results of the next administrative review.
This notice 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 the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with section Sec. 353.34(d) of the Department's
regulations. Timely notification of 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.
This administrative review and notice are in accordance with
sections 751(a)(1) and 771(i)(1) of the Act (19 U.S.C. 1675(a)(1) and
1677f(i)(1)).
Dated: December 6, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-32222 Filed 12-10-99; 8:45 am]
BILLING CODE 3510-DS-M