[Federal Register Volume 62, Number 146 (Wednesday, July 30, 1997)]
[Notices]
[Pages 40797-40799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20067]


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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 the Antidumping Duty Administrative Review

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

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SUMMARY: On April 7, 1997, the Department of Commerce (``Department'') 
published in the Federal Register its preliminary results of the 
administrative review of the antidumping duty order on certain carbon 
steel butt-weld pipe fittings from Thailand (62 FR 16541). This review 
covers TTU Industrial Corp., Ltd. (``TTU''), a manufacturer/exporter of 
the subject merchandise to the United States. The period of review 
(``POR'') is July 1, 1995, through June 30, 1996. Although we gave 
interested parties an opportunity to comment on our preliminary 
results, none of the interested parties did so. Because TTU failed to 
respond to the Department's questionnaire, as in the preliminary 
results of this review, we have used facts otherwise available in 
reaching the final results.


[[Page 40798]]


EFFECTIVE DATE: July 30, 1997.

FOR FURTHER INFORMATION CONTACT: Howard Smith or James Terpstra, Office 
of Antidumping and Countervailing Duty Enforcement Group II, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 
20230; telephone: (202) 482-5193, or (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    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 (``the Act'') by 
the Uruguay Round Agreements Act (``URAA''). In addition, unless 
otherwise indicated, all references to the Department's regulations are 
to 19 CFR part 353 (1997).

Background

    The Department published in the Federal Register on July 8, 1996 
(61 FR 35712), a notice of opportunity to request an administrative 
review of the antidumping duty order on certain carbon steel butt-weld 
pipe fittings from Thailand. On July 30, 1996, the petitioner 
requested, in accordance with Sec. 353.22(a) of the Department's 
regulations (19 CFR 353.22(a)) a review of TTU. On August 15, 1996, the 
Department published a notice of initiation of an administrative review 
of this order for the period July 1, 1995, through June 30, 1996 (61 FR 
42416). On April 7, 1997, the Department published the preliminary 
results of this 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 butt-weld 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.

Use of Facts Otherwise Available

    The Department has found that TTU withheld information and failed 
to cooperate to the best of its ability by not responding to the 
Department's questionnaire. Therefore, in accordance with sections 
776(a) and (b) of the Act, and consistent with the preliminary results, 
for the final results the Department has based the antidumping duty 
margin for TTU on facts otherwise available and made adverse inferences 
in selecting from among such facts. Section 776(b) of the Act notes 
that adverse inferences may include reliance on information derived 
from (1) the petition; (2) a final determination in the investigation; 
(3) any previous review; or 4) any other information placed on the 
record. In the preliminary results we used, as adverse facts available, 
the 50.84 percent margin which was used as best information available 
(``BIA'') in the less than fair value (``LTFV'') investigation. The 
50.84 percent margin from the investigation was based on the greatest 
alleged margin in the antidumping petition, 52.60 percent, adjusted to 
exclude the export subsidies of 1.76 percent found during the period of 
investigation. However, because the countervailing duty order was 
revoked effective January 1, 1995 (60 FR 40569), it is no longer 
appropriate to adjust the petition rate. Therefore, for the final 
results we have used the 52.60 percent margin from the petition.
    Section 776(c) of the Act provides that where the Department relies 
on ``secondary information'', the Department shall, to the extent 
practicable, corroborate that information. The Statement of 
Administrative Action (``SAA'') accompanying the URAA clarifies that 
information from the petition is ``secondary information'' (See H.R. 
Doc. 316, Vol. 1, 103d Cong., 2d sess. 870 (1994). The SAA also 
clarifies that ``corroborate'' means to determine that the information 
used has probative value (See SAA at 870). Thus, in accordance with 
section 776(c) of the Act, we have, to the extent practicable, 
corroborated the 52.60 percent BIA margin by examining the basis of the 
rate contained in the petition. See the preliminary results of this 
administrative review for further details regarding corroboration (62 
FR 16541).

Final Results of the Review

    As a result of our review, we determine that a margin of 52.60 
percent exists for TTU for the period July 1, 1995, through June 30, 
1996.
    The Department shall determine, and the Customs service shall 
assess, antidumping duties on all appropriate entries. Individual 
differences between the United States price and normal value may vary 
from the percentage stated above. The Department will issue 
appraisement instructions directly to the U.S. Customs Service.
    Further, the following deposit requirements will be effective, upon 
publication of this notice of final results of review for all shipments 
of carbon steel butt-weld pipe fittings from Thailand entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided for by section 751(a)(1) of the Act: (1) The cash 
deposit rate for the reviewed company will be 52.60 percent; (2) for 
previously investigated companies not covered in this review, 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 or the original 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 39.10 percent, the ``all others'' rate established in the LTFV 
investigation (57 FR 29702, July 6, 1992).
    These deposit 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 353.26 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.

[[Page 40799]]

    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)), section 771(i) of 
the Act (19 U.S.C. 1677f(i)) and 19 CFR 353.22.

    Dated: July 22, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-20067 Filed 7-29-97; 8:45 am]
BILLING CODE 3510-DS-P