[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Notices]
[Pages 52971-52972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27033]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-583-008]


Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: 
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 June 6, 1997, the Department of Commerce (the Department) 
published the preliminary results of review of the antidumping duty 
order on certain circular welded carbon steel pipes and tubes from 
Taiwan (62 FR 31070). The review covers one manufacturer/exporter, Yieh 
Hsing, of the subject merchandise to the United States and the period 
May 1, 1995 through April 30, 1996.

EFFECTIVE DATE: October 10, 1997.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Linda Ludwig, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone (202) 482-4475/3833.

APPLICABLE STATUTE: 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's regulations are to the regulations, codified at 19 CFR 
Part 353 (1997).

SUPPLEMENTARY INFORMATION: 

Background

    The Department published an antidumping duty order on certain 
circular welded carbon steel pipes and tubes from Taiwan on May 7, 1984 
(49 FR 19369). The Department published a notice of ``Opportunity To 
Request Administrative Review'' of the antidumping duty order for the 
1995/1996 review period on May 8, 1996 (61 FR 20791). On May 24, 1996, 
the petitioners, Allied Tube & Conduit Corp., Wheatland Tube Company, 
Sawhill Tubular Corp., Division of Armco Inc., and Laclede Steel Co., 
filed a request for review of Yieh Hsing Enterprise Co., Ltd. (Yieh 
Hsing). We initiated the review of Yieh Hsing on June 25, 1996 (61 FR 
32771).
    On June 6, 1997, the Department published the preliminary results 
of the administrative review. We received comments from Yieh Hsing, and 
rebuttal comments from the petitioners. The Department has now 
completed this review in accordance with section 751 of the Act.

Scope of the Review

    Imports covered by this review are shipments of certain circular 
welded carbon steel pipes and tubes. The Department defines such 
merchandise as welded carbon steel pipes and tubes of circular cross 
section,with walls not thinner than 0.065 inch and 0.375 inch or more 
but not over 4\1/2\ inches in outside diameter. These products are 
commonly referred to in the industry as ``standard pipe'' and are 
produced to various American Society for Testing

[[Page 52972]]

Materials specifications, most notably A-53, A-120, or A-135. Standard 
pipe is currently classified under Harmonized Tariff Schedule of the 
United States (HTSUS) item numbers 7306.30.5025, 7306.30.5032, 
7306.30.5040, and 7306.30.5055. Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the merchandise under investigation is dispositive.

Analysis of Comments Received

    We invited interested parties to comment on the preliminary results 
of this administrative review. As noted above, we received timely 
comments from Yieh Hsing, and rebuttal comments from the petitioner.
    Comment 1: Yieh Hsing asserts that other discounts are understated 
by a factor of 1000 in its home market sales listing. Yieh Hsing 
contends that the Department should correct this error in the final 
results of review. This error was not disputed by the petitioners.
    Department's Position: We agree. During our verification of Yieh 
Hsing, we verified that other discounts were understated by a factor of 
1000. (See January 29, 1997 verification report of Yieh Hsing, at page 
10.) We have amended our calculations to reflect the correct amount for 
this expense.
    Comment 2: Yieh Hsing contends that in calculating its dumping 
margin, the Department improperly compared U.S. prices to a `six-month 
window period' surrounding each U.S. sale. Yieh Hsing asserts that the 
Department should follow its normal practice, and compare individual 
U.S. sales to normal values corresponding to the month of the U.S. 
sale.
    Petitioners contend that normal values have not been averaged 
across a six month period, and that the Department correctly matched 
U.S. prices to normal values for the corresponding month.
    Department's Position: We have reviewed our preliminary 
calculations and determined that we improperly compared U.S. sales to a 
weighted-average six-month period in our preliminary results. In these 
final results, we have amended our calculations, and based our 
calculations of normal value to the month corresponding to the U.S. 
sale.

Final Results of Review

    As a result of this review, we preliminarily determine that a 
margin of 0.37 percent exists for Yieh Hsing for the period of June 1, 
1995 through May 31, 1996.
    The U.S. Customs Service shall assess antidumping duties on all 
appropriate entries. Individual differences between U.S. price and 
normal value may vary from the percentages stated above. The Department 
will issue appraisement instructions directly to the U.S. Customs 
Service.
    Furthermore, the following deposit requirements will be effective 
for all shipments of certain circular welded carbon steel pipes and 
tubes from Taiwan entered or withdrawn from the warehouse, for 
consumption on or after the publication date of the final results of 
these administrative reviews, as provided by section 751(a)(1) of the 
Act: (1) No cash deposit shall be required for Yieh Hsing because its 
weighted average margin is less than 0.5 percent and therefore de 
minimis, (2) for merchandise exported by manufacturers or exporters not 
covered in this review but covered in the original less-than-fair-value 
(LTFV) investigation or a previous review, the cash deposit will 
continue to be the most recent rate published in the final 
determination or final results for which the manufacturer or exporter 
received a company-specific rate; (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 that established for the 
manufacturer of the merchandise in the final results of these reviews 
or the LTFV investigation; and (4) if neither the exporter nor the 
manufacturer is a firm covered in this or any previous reviews or the 
original fair value investigation, the cash deposit rate will be 9.7%, 
the ``all others'' rate established in the LTFV investigation.
    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 353.26(b) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during these review periods. 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 a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d). Timely written notification of 
the return/destruction of APO materials 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.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: October 3, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-27033 Filed 10-9-97; 8:45 am]
BILLING CODE 3510-DS-M