[Federal Register Volume 65, Number 123 (Monday, June 26, 2000)]
[Notices]
[Pages 39367-39369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16103]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-815]


Certain Welded Stainless Steel Pipe From Taiwan: Final Results of 
Antidumping Duty Administrative Review and Determination To Revoke 
Order In Part

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

ACTION: Notice of final results in the antidumping duty administrative 
review of certain welded stainless steel pipe from Taiwan and 
determination to revoke order in part.

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SUMMARY: On December 22, 1999, the Department of Commerce 
(``Department'') published the preliminary results of the 
administrative review of the antidumping duty order on certain welded 
stainless steel pipe from Taiwan. This review covers one manufacturer/
exporter of the subject merchandise. The period of review (``POR'') is 
December 1, 1997 through November 30, 1998.
    We gave interested parties an opportunity to comment on the 
preliminary results. Based upon our verification of the data and 
analysis of the comments received, we have made changes in the margin 
calculation. Therefore, the final results differ from the preliminary 
results of this review. The final weighted-average dumping margin is 
listed below in the section titled ``Final Results of the Review.''

EFFECTIVE DATE: June 26, 2000.

FOR FURTHER INFORMATION CONTACT: Juanita H. Chen or Robert A. Bolling, 
Enforcement Group III, Office 9, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue, NW., Washington, DC 20230, telephone 202-482-0409 (Chen) or 
202-482-3434 (Bolling), fax 202-482-1388.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 1930 
(``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's regulations are to the 
regulations at 19 CFR part 351 (1999).

Background

    On December 30, 1992, the Department published the antidumping duty 
order on certain welded stainless steel pipe from Taiwan. See Certain 
Welded Stainless Steel Pipe From Taiwan: Amended Final Determination 
and Antidumping Order, 57 FR 62300 (December 30, 1992). On December 8, 
1998, the Department published a notice of opportunity to request 
administrative review of this order for the period December 1, 1997 
through November 30, 1998. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 63 FR 67646 (December 8, 1998). Both Ta Chen 
Stainless Pipe Co., Ltd. (``Ta Chen''), a Taiwan producer and exporter 
of subject merchandise, and Petitioners, Avesta Sheffield Pipe Co., 
Damascus Tube Division, Damascus-Bishop Tube Co., and the United 
Steelworkers of America, AFL-CIO/CLC (collectively ``Petitioners''), 
timely requested that the Department conduct an administrative review 
of Ta Chen's sales. Ta Chen also requested revocation of the 
Department's antidumping duty order on welded stainless steel pipe from 
Taiwan. On January 25, 1999, in accordance with section 751(a) of the 
Act, the Department published in the Federal Register a notice of 
initiation of this antidumping duty administrative review for the 
period December 1, 1997 through November 30, 1998 (64 FR 3682).
    On December 22, 1999, the Department published the preliminary 
results of the administrative review in the Federal Register. See 
Certain Welded Stainless Steel Pipe from Taiwan: Preliminary Results of 
Antidumping Administrative Review and Intent to Revoke in Part, 64 FR 
71728 (December 22, 1999) (``Preliminary Results''). On January 17, 
2000 through January 25, 2000, the Department conducted verification of 
Ta Chen's home market data at Ta Chen's headquarters in Tainan, Taiwan. 
On April 4, 2000 through April 7, 2000, the Department conducted 
verification of Ta Chen's U.S. sales data at the Long Beach, California 
office of Ta Chen's U.S. affiliate, Ta Chen International Corp. 
(``TCI''). We gave interested parties an opportunity to comment on our 
Preliminary Results. Ta Chen filed a case brief on May 23, 2000; 
Petitioners did not file a case brief or a rebuttal brief. No hearing 
was requested or held. The Department has conducted and completed the 
administrative review in accordance with section 751 of the Act.

Scope of the Review

    The merchandise subject to this administrative review is certain 
welded austenitic stainless steel pipe (``WSSP'') that meets the 
standards and specifications set forth by the American Society for 
Testing and Materials (``ASTM'') for the welded form of chromium-nickel 
pipe designated ASTM A-312. The merchandise covered by the scope of the 
order also includes austenitic welded stainless steel pipes made 
according to the standards of other nations which are comparable to 
ASTM A-312.
    WSSP is produced by forming stainless steel flat-rolled products 
into a tubular configuration and welding along the seam. WSSP is a 
commodity product generally used as a conduit to transmit liquids or 
gases. Major applications for WSSP include, but are not limited to, 
digester lines, blow lines, pharmaceutical lines, petrochemical stock 
lines, brewery process and transport lines, general food processing 
lines, automotive paint lines, and paper process machines.
    Imports of WSSP are currently classifiable under the following 
Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings: 7306.40.5005, 7306.40.5015, 7306.40.5040, 7306.40.5062, 
7306.40.5064, 7306.40.5085. Although these subheadings include both 
pipes and tubes, the scope of this review is limited to welded 
austenitic stainless steel pipes. Although the HTSUS subheadings are 
provided for convenience and Customs purposes, our written description 
of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in the case brief to this administrative review 
are addressed

[[Page 39368]]

in the June 19, 2000 Issues and Decision Memorandum (``Decision Memo'') 
from Joseph A. Spetrini, Deputy Assistant Secretary, Import 
Administration, to Troy H. Cribb, Acting Assistant Secretary for Import 
Administration, which is hereby adopted by this notice. A list of the 
issues raised and to which we have responded, all of which are in the 
Decision Memo, and a list of our changes, is attached to this notice as 
an Appendix. Parties can find a complete discussion of all issues 
raised in this review and the corresponding recommendations in this 
public memorandum which is on file at the U.S. Department of Commerce, 
in the Central Records Unit, in room B-099. In addition, a complete 
version of the Decision Memo can be accessed directly on the Web at 
www.ita.doc.gov/import_admin/records/frn. The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Use of Facts Available

    In accordance with section 776 of the Act, we have determined that 
the use of facts available is appropriate for certain portions of our 
analysis of Ta Chen. For a discussion of our determination with respect 
to this matter, see the Decision Memo.

Sales Below Cost in the Home Market

    The Department disregarded home market below-cost sales that failed 
the cost test in the final results of review.

Request for Revocation

    On December 29, 1998, Ta Chen submitted a request, in accordance 
with 19 CFR 351.222(e), that the Department revoke the antidumping duty 
order on WSSP from Taiwan with respect to Ta Chen. In accordance with 
19 CFR 351.222(e), Ta Chen certified that it sold the subject 
merchandise at not less than normal value for a three-year period, 
including this review period, and that it sold the subject merchandise 
in commercially significant quantities to the U.S. during each of these 
three years.\1\ Ta Chen also stated that it would not sell the subject 
merchandise at less than normal value to the U.S. in the future, and 
agreed to the reinstatement of the antidumping order, as long as any 
exporter or producer is subject to the order, if the Department 
concludes that Ta Chen sold the subject merchandise at less than normal 
value.
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    \1\ At the Department's request, on October 19, 1999, Ta Chen 
submitted volume and value data supporting its statement that it 
sold subject merchandise in commercially significant quantities for 
three consecutive years.
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    In the fourth administrative review period, Ta Chen had a de 
minimis margin of 0.10 percent. See Certain Welded Stainless Steel Pipe 
from Taiwan: Final Results of Administrative Review, 63 FR 38382 (July 
16, 1998). While no fifth administrative review was conducted, the 
Department's regulations state at 19 CFR 351.222(d) that the Department 
``need not have conducted a review of an intervening year.'' In this 
sixth administrative review period, Ta Chen had a de minimis margin in 
the preliminary results. See Preliminary Results, 64 FR at 71734. 
Because we have determined in the final results for this administrative 
review that Ta Chen has a de minimis margin (Final Results of the 
Review, infra), Ta Chen meets the requirement of three consecutive 
years of zero or de minimis margins on WSSP, and revocation of the 
order with respect to Ta Chen is granted under 19 CFR 351.222(e).

Changes Since the Preliminary Results

    Based on our verification and analysis of the comments received, we 
have made certain changes in the margin calculation, as discussed in 
the Decision Memo. In addition, we have made corrections to certain 
clerical errors in the margin calculation: (1) Errors in currency 
denomination in the cost of goods sold and the foreign unit price 
calculations; and (2) an incorrect variable in the selling expense 
calculation, as discussed in the Analysis Memorandum for Ta Chen (June 
9, 2000).

Final Results of the Review

    We determine that the following percentage weighted-average margin 
exists for the period December 1, 1997 through November 30, 1998:

                   Certain Welded Stainless Steel Pipe
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
               Producer/manufacturer/exporter                   margin
                                                              (percent)
------------------------------------------------------------------------
 Ta Chen...................................................         0.47
------------------------------------------------------------------------

    The Department shall determine, and the U.S. Customs Service 
(``Customs'') shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b), we have calculated 
exporter/importer-specific assessment rates. With respect to the 
constructed export price sales, we divided the total dumping margins 
for the reviewed sales by the total entered value of those reviewed 
sales for each importer. We will direct Customs to assess any resulting 
non-de minimis percentage margins against the entered Customs values 
for the subject merchandise on each of that importer's entries during 
the review period.
    The Department's revocation decision applies to all entries of 
subject merchandise produced by Ta Chen and that are also exported by 
Ta Chen, entered, or withdrawn from warehouse, for consumption on or 
after December 1, 1998. The Department will order the suspension of 
liquidation ended for all such entries and will instruct Customs to 
release any cash deposits or bonds. If applicable, the Department will 
further instruct Customs to refund with interest any cash deposits on 
entries made after November 30, 1998.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of certain WSSP from Taiwan entered, or withdrawn 
from warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rate for 
Ta Chen will be zero percent, except that for imports of subject 
merchandise that are produced by Ta Chen and also exported by Ta Chen, 
cash deposits will no longer be required and the suspension of 
liquidation will cease for entries made on or after December 1, 1998; 
(2) for previously reviewed or investigated companies other than Ta 
Chen, 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, a prior review, or the original less than 
fair value (``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) the cash deposit rate 
for all other manufacturers or exporters will continue to be 19.84 
percent. This rate is the ``all others'' rate from the LTFV 
investigations. See Amended Final Determination and Antidumping Duty 
Order; Certain Welded Stainless Steel Pipe from Taiwan, 57 FR 62300 
(December 30, 1992).
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also 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

[[Page 39369]]

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 the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 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 determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: June 19, 2000.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.

Appendix

    Issues in Decision Memo:

Changes Since the Preliminary Results
    1. Export Price or Constructed Export Price Status
    2. Packing Expenses--Allocation of Labor
Discussion of the Issues
    1. EP/CEP
    a. Calculation and Allocation of U.S. Inventory Carrying Cost 
(Time on Water)
    b. Calculation and Allocation of U.S. Inventory Carrying Cost 
and Credit Expense (Short-Term Borrowing Cost)
    2. Other AD Issues
    a. U.S. Date of Sale
    b. Advertising
    c. Date of Payment

[FR Doc. 00-16103 Filed 6-23-00; 8:45 am]
BILLING CODE 3510-DS-U