Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Notices 39363

1The petitioners are Koppel Steel Corporation,

Sharon Tube Company, U.S. Steel Group, Lorain

Tubular Co. LLC and Vision Metals, Inc. (Gulf

States Tube Division) and the United Steel Workers

of America.

2See Preliminary Determination of Critical

Circumstances: Certain Small Diameter Carbon and

Alloy Seamless Standard, Line and Pressure Pipe

from the Czech Republic, 65 FR 33803 (May 25,

2000).

DEPARTMENT OF COMMERCE

International Trade Administration

[A–851–802]

Notice of Final Determination of Sales

at Less Than Fair Value: Certain Small

Diameter Carbon and Alloy Seamless

Standard, Line, and Pressure Pipe

from the Czech Republic

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Final Determination of

Sales at Less Than Fair Value.

SUMMARY: On February 4, 2000, the

Department of Commerce (‘‘the

Department’’) published its preliminary

determination of sales at less than fair

value of certain small diameter carbon

and alloy seamless standard, line, and

pressure pipe (‘‘small diameter seamless

pipe’’) from the Czech Republic. The

investigation covers Nova Hut, a.s.

(‘‘Nova Hut’’). The period of

investigation (‘‘POI’’) is April 1, 1998,

through March 31, 1999.

Based on our analysis of comments

received, we have made changes to the

margin based on adverse facts available.

Therefore, the final determination

differs from the preliminary

determination. The final dumping

margin for the investigated company is

listed below in the ‘‘Continuation of

Suspension of Liquidation’’ section of

this notice.

EFFECTIVE DATE: June 26, 2000.

FOR FURTHER INFORMATION CONTACT: John

Brinkmann or Dennis McClure, AD/CVD

Enforcement, Office 6, Group II, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW, Washington, DC 20230;

telephone: (202) 482–4126 or (202) 482–

0984, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (‘‘the Act’’) are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Act by the Uruguay Round

Agreements Act (‘‘URAA’’). In addition,

unless otherwise indicated, all citations

to the Department of Commerce

regulations refer to the regulations

codified at 19 CFR part 351 (April

1999).

Case History

Since the preliminary determination

(see 65 FR 5599 (February 4, 2000)

(‘‘Preliminary Determination’’)), the

following events have occurred:

• On February 10, 2000, the

petitioners 1 and Nova Hut submitted

ministerial error allegations regarding

the Preliminary Determination. The

Department accepted the clerical errors

and corrected the margin calculation

program where it deemed necessary and

published a Notice of Amended

Preliminary Determination of Sales at

Less Than Fair Value: Certain Small

Diameter Carbon and Alloy Seamless

Standard, Line, and Pressure Pipe from

the Czech Republic, 65 FR 12971 (March

10, 2000).

• On March 8, 2000, the Department

issued a supplemental questionnaire to

Nova Hut relating to product

characteristics.

• On March 8, 2000, Nova Hut

notified the Department of its

withdrawal from verification.

• On March 30, 2000, the petitioners

and Nova Hut submitted their case

briefs.

• On April 7, 2000, the petitioners

and Nova Hut submitted their rebuttal

briefs.

• On April 18, 2000, the petitioners

alleged that critical circumstances exist

with respect to imports of small

diameter seamless pipe from the Czech

Republic.

• On April 28, 2000, the Department

denied Nova Hut’s February 15, 2000,

request to rescind the investigation on

small diameter seamless pipe from the

Czech Republic.

• On May 18, 2000, the Department

preliminarily determined that critical

circumstances exist with respect to

imports from the Czech Republic of

small diameter seamless pipe produced

by Nova Hut.2

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

investigation, as well as certain other

findings by the Department which are

summarized in this notice, are

addressed in the ‘‘Issues and Decision

Memorandum for the Final

Determination in the Antidumping Duty

Investigation of Certain Small Diameter

Carbon and Alloy Seamless Standard,

Line and Pressure Pipe from the Czech

Republic—April 1, 1998, through March

31, 1999’’ (‘‘Decision Memorandum’’),

from Holly A. Kuga, Acting Deputy

Assistant Secretary, Import

Administration, to Richard W.

Moreland, Acting Assistant Secretary for

Import Administration, dated June 19,

2000, which is hereby adopted by this

notice. A list of issues which parties

have raised and to which we have

responded, all of which are in the

Decision Memorandum, is attached to

this notice as an Appendix. Parties can

find a complete discussion of all issues

raised in this investigation and the

corresponding recommendations in this

public Decision Memorandum which is

on file in the Central Records Unit,

Room B–099 of the main Department

building (‘‘Room B–099’’).

In addition, a complete version of the

Decision Memorandum can be accessed

directly on the World Wide Web at

www.ita.doc.gov/import_admin/

records/frn. The paper copy and

electronic version of the Decision

Memorandum are identical in content.

Scope of Investigation

The products covered by the

investigation are certain small diameter

carbon and alloy seamless standard,

line, and pressure pipe from the Czech

Republic. For a complete description of

the scope of this investigation, see the

‘‘Scope of Investigation’’ section of the

Decision Memorandum, which is on file

in Room B–099 and available on the

World Wide Web at www.ita.doc.gov/

import_admin/records/frn/. The scope

of the investigation has been amended

since the Preliminary Determination.

Changes Since the Preliminary

Determination

Because Nova Hut did not allow the

Department to verify its submitted data,

we have determined that the use of facts

available is warranted under sections

776(a)(2)(C) and (D) of the Act.

Moreover, we have determined that an

adverse inference is warranted under

section 776(b) of the Act, given that

Nova Hut’s refusal to allow verification

constitutes failure to cooperate in this

investigation by not acting to the best of

the company’s ability. As adverse facts

available, we have used information on

the record from Nova Hut’s

questionnaire response. Specifically, we

have selected Nova Hut’s highest

product-specific margin as calculated in

the amended preliminary

determination. See Decision

Memorandum, accessible in Room B–

099 and on the World Wide Web at

www.ita.doc.gov/import_admin/

records/frn/.

39364 Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Notices

Critical Circumstances

No comments were received regarding

the Department’s preliminary critical

circumstances determination. For the

reasons given in the preliminary

determination of critical circumstances,

the Department continues to find that

critical circumstances exist with respect

to small diameter seamless pipe

imported from Nova Hut, in accordance

with section 733(e)(1) of the Act.

As set forth in the preliminary

determination of critical circumstances,

because the massive imports criterion

necessary to find critical circumstances

has not been met with respect to firms

other than Nova Hut, the Department

continues to find, for the purposes of

this final determination, that critical

circumstances do not exist for imports

of small diameter seamless pipe for the

‘‘all others’’ category.

Continuation of Suspension of

Liquidation

In accordance with section

735(c)(1)(B) of the Act, we are directing

the Customs Service to continue to

suspend the liquidation of all entries of

small diameter seamless pipe from the

Czech Republic produced by Nova Hut

that are entered, or withdrawn from

warehouse, for consumption on or after

November 6, 1999, which is 90 days

prior to the date of publication of the

Preliminary Determination in the

Federal Register. The Customs Service

will also be directed to continue to

suspend liquidation of all entries of

small diameter seamless pipe from the

Czech Republic produced by all

companies not named above, that are

entered, or withdrawn from warehouse,

for consumption on or after February 4,

2000, the date of publication of our

Preliminary Determination in the

Federal Register. The Customs Service

shall continue to require a cash deposit

or the posting of a bond equal to the

weighted-average dumping margin, as

indicated in the chart below. These

suspension of liquidation instructions

will remain in effect until further notice.

Section 735(c)(5)(B) of the Act

provides that, where the estimated

weighted-averaged dumping margins

established for all exporters and

producers individually investigated are

zero or de minimis or are determined

entirely under section 776 of the Act,

the Department may use any reasonable

method to establish the estimated allothers rate for exporters and producers

not individually investigated. Our

recent practice under these

circumstances has been to assign, as the

‘‘all others’’ rate, the simple average of

the margins in the petition. See Notice

of Final Determinations of Sales at Less

Than Fair Value: Certain Cold-Rolled

Flat-Rolled Carbon-Quality Steel

Products From Argentina, Japan and

Thailand, 65 FR 5520 (February 4,

2000); see also Notice of Final

Determination of Sales at Less Than

Fair Value: Stainless Steel Plate in Coil

from Canada, 64 FR 15457 (March 31,

1999); and Notice of Final

Determination of Sales at Less Than

Fair Value: Stainless Steel Plate in Coil

from Italy, 64 FR 15458, 15459 (March

21, 1999).

In this case, we have calculated the

dumping margin for the sole Czech

respondent based entirely on adverse

facts available. Given the circumstances

of this case, and the discretion provided

by section 735(c)(5)(B) of the Act, we

have selected a somewhat different

methodology to establish the ‘‘all

others’’ rate. Instead of relying on the

simple average of the petition margins,

we have relied on the weighted-average

of the margins obtained for each product

sold during the POI, by using the

respondent’s data. This is consistent

with our methodology in a recent

determination. See Notice of Final

Determination of Sales at Less Than

Fair Value: Certain Cold-Rolled FlatRolled Carbon-Quality Steel Products

From Slovakia, 65 FR 34657, 34658

(May 31, 2000). The resulting margin,

applicable to all other manufacturers/

exporters, is 32.26 percent.

We determine that the following

weighted-average dumping margins

exist for April 1, 1998, through March

31, 1999:

Manufacturer/exporter Margin (percent)

Nova Hut, a.s ............................ 39.93

All Others .................................. 32.26

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the

International Trade Commission (‘‘ITC’’)

of our determination. As our final

determination is affirmative, the ITC

will, within 45 days, determine whether

these imports are materially injuring, or

threaten material injury to, the U.S.

industry. If the ITC determines that

material injury or threat of material

injury does not exist, the proceeding

will be terminated and all securities

posted will be refunded or canceled. If

the ITC determines that such injury

does exist, the Department will issue an

antidumping duty order directing the

Customs Service to assess antidumping

duties on all imports of the subject

merchandise entered, or withdrawn

from warehouse, for consumption on or

after the effective date of the suspension

of liquidation.

This determination is issued and

published pursuant to sections 735(d)

and 777(i)(1) of the Act.

Dated: June 19, 2000.

Richard W. Moreland,

Acting Assistant Secretary for Import

Administration

Appendix

List of Comments and Issues in the Decision

Memorandum

1. Request for Rescission of Initiation

2. Facts Available

[FR Doc. 00–16101 Filed 6–23–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–588–854]

Notice of Final Determination of Sales

at Less Than Fair Value: Certain Tin

Mill Products From Japan

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: June 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Samantha Denenberg or Linda Ludwig,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street & Constitution

Avenue, NW., Washington DC 20230;

telephone 202–482–1386 and 202–482–

3833, respectively.

The Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (‘‘Act’’)

by the Uruguay Round Agreements Act

(‘‘URAA’’). In addition, unless

otherwise indicated, all citations to the

Department regulations are to the

regulations at 19 CFR Part 351 (April

1999).

Final Determination

We determine that Certain Tin Mill

Products (‘‘TMP’’) from Japan are being,

or are likely to be, sold in the United

States at less than fair value (‘‘LTFV’’),

as provided in Section 735 of the Act.

The estimated margins are shown in the

‘‘Continuation of Suspension of

Liquidation’’ section of this notice.

Case History

On April 12, 2000, we published in

the Federal Register the preliminary

determination in this investigation. See