[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Notices]
[Page 2581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1103]



[[Page 2581]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Certain Welded Carbon Steel Pipes and Tubes From Thailand; Notice 
of Amended Final Results of Antidumping Duty Administrative Review in 
Accordance With Final Court Decision

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.

ACTION:  Notice of Amended Final Results of Administrative Review in 
Accordance with Final Court Decision on Certain Welded Carbon Steel 
Pipes and Tubes from Thailand.

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EFFECTIVE DATE: January 18, 2000.

FOR FURTHER INFORMATION CONTACT:  Dana Mermelstein or Javier 
Barrientos, AD/CVD Enforcement Group III, Office VII, Room 7866, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-3208 or (202) 482-2243, respectively.
SUMMARY: On October 6, 1999, the U.S. Court of International Trade (the 
Court) affirmed the Department of Commerce's (the Department) remand 
determination of the final results of the antidumping duty 
administrative review of Certain Welded Carbon Steel Pipes and Tubes 
from Thailand. As no further appeals have been filed and there is now a 
final and conclusive court decision in this action, we are amending our 
final results.

SUPPLEMENTARY INFORMATION:

Background

    On October 16, 1997, the Department published the final results of 
the administrative review in Certain Welded Carbon Steel Pipes and 
Tubes from Thailand (62 FR 53808) (Final Results), covering the period 
March 1, 1995 through February 29, 1996.
    Respondents challenged the Department's application of the 
affiliated parties standard, provided in 19 U.S.C. 1677(33) (1994), and 
our subsequent conclusion that Saha Thai was affiliated with several 
companies based on common control by various family groupings. In the 
Final Results, the Department had determined pursuant to 19 U.S.C. 
1677(33) (1994), that Saha Thai was affiliated with two producers, Thai 
Tube and Thai Hong; three home market customers; and, two members of 
the Siam Steel Group. The Department found that Saha Thai had 
significantly impeded the review by failing to disclose these 
affiliations. Thus, for the Final Results, the Department determined a 
dumping margin of 29.89 per-cent for the period of review (POR), based 
on total adverse facts available. On March 23, 1999, the Court remanded 
these final results. See Ferro Union, Inc. v. United States, 44 F. 
Supp.2d 1310 (Ct. Int'l Trade 1999) (Ferro Union).
    The Court found that the Department's interpretation of ``family,'' 
as stated in 19 U.S.C. Sec. 1677(33)(A), was reasonable and affirmed 
that interpretation. However, the Court also found that the Department 
had provided insufficient guidance with respect to its interpretation 
of the term; specifically, that more distantly-related family members, 
beyond those listed in the statute, were to be included. Therefore, the 
Court ordered the Department to reconsider the use of total adverse 
facts available. The Court also instructed the Department to revisit 
other factual determinations. See (Ferro Union). The Department issued 
its remand determination on July 6, 1999. See Remand Determination: 
Ferro Union, Inc. and Asoma Corporation v. United States, Court No. 97-
11-01973 (hereinafter ``Remand Results'' or ``RR''), in which the 
Department calculated a dumping margin based on partial adverse facts 
available.
    On October 6, 1999, the Court affirmed the Department's remand 
results, upholding the use of partial adverse facts available. See 
Ferro Union Inc and Asoma Corporation v. The United States, Slip Op. 
99-104 (CIT, October 6, 1999). Pursuant to the Court's order, we have 
placed on the record in this case the margin calculation program using 
partial adverse facts available.

Amendment to Final Results of Review

    Because no further appeals have been filed and there is now a final 
and conclusive decision in the court proceeding, effective as of the 
publication date of this notice, we are amending the Final Results, and 
establishing the following revised dumping margin:

  Certain Welded Carbon Steel Pipes and Tubes from Thailand (POR 1995-
                                  1996)
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       Producer/management/exporter            Weighted-average margin
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Saha Thai.................................  9.52 percent.
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    The ``All Others Rate'' was not affected by the Remand 
Determination, and remains at 15.67 per-cent. See Final Results FR 62 
(37543).
    The Department will instruct the Customs Service to assess these 
revised antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions directly to the Customs Service.

    Dated: January 5, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 00-1103 Filed 1-14-00; 8:45 am]
BILLING CODE 3510-DS-P