8926 Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices

amended by the Uruguay Round

Agreements Act (the Act) as a result of

evidence on the record which indicates

that the respondent in these proceedings

failed to cooperate by omitting from

submissions certified as being complete

and accurate, information material to

determining its eligibility for new

shipper status.

EFFECTIVE DATE: February 27, 1997.

FOR FURTHER INFORMATION CONTACT:

Paul M. Stolz, Office of Antidumping/

Countervailing Duty Enforcement,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, N.W., Washington

D.C. 20230, telephone: (202) 482–4474.

SUPPLEMENTARY INFORMATION:

Background

On April 1, 1996, Beijing M Star Pipe

Corporation (BMSP), an interested

party, requested a new shipper

administrative review of the

antidumping duty order on CDIW for

the period August 1, 1995 through

February 29, 1996, pursuant to

751(a)(2)(B) of the Act. Section

751(a)(2)(B) of the Act defines new

shippers as exporters and producers

who demonstrate in their request for

review that they: (1) did not export the

subject merchandise to the United

States during the POI; and (2) are not

affiliated with any exporter or producer

who did export the subject merchandise

to the United States during that period,

including those not examined during

the investigation.

In its request for review, BMSP

certified the following as complete and

accurate: (1) that BMSP, under its

current or former name, did not export

CDIW from the PRC to the United States

during the original period of

investigation (POI), February 1, 1992

through July 31, 1992; (2) that BMSP’s

only affiliation with another PRC

company or enterprise is with Beijing

Cheng Hong Foundry, which did not

export CDIW during the POI; and (3)

that BMSP had no affiliations with any

person, corporation or enterprise which

exported CDIW from the PRC during the

POI. Based on these certifications, on

April 26, 1996, the Department

published in the Federal Register (61

FR 18568) the notice of initiation of that

administrative review.

On December 3, 1996, counsel for the

domestic industry placed evidence on

the record indicating that BMSP is

affiliated with persons and/or entities

which shipped subject merchandise to

the United States during the period of

investigation (POI) and argued that,

based on this evidence, BMSP is not

eligible for review as a new shipper. In

particular, the domestic industry

provided information showing that

Beijing Metals and Minerals Import and

Export Corporation, Beijing, China

(BMMC) exported subject merchandise

to the United States during the POI and

that certain senior company officials are

presently employed by both BMSP and

BMMC.

Respondent does not dispute these

facts. In fact, respondent admits in its

January 24, 1997 submission that shared

management between BMSP and BMMC

does exist. Significantly, in a footnote to

its submission, BMSP states that ‘‘BMSP

acknowledges that it previously

misstated the lack of shared managers or

officers with any other Chinese

exporter.’’ This statement is in direct

contradiction to BMSP’s certified

questionnaire response of May 28, 1996

in which it states ‘‘[n]either does BMSP

have any relationship with any other

producers or exporters of the subject

merchandise, including by way of

sharing managers or officers.’’ In short,

BMSP has now apprised the Department

of, and the record clearly shows, a

material omission or inaccuracy in

BMSP’s earlier certified submissions.

At issue here is BMSP’s eligibility for

a new shipper review. This is a new

procedure designed to allow new

shippers an opportunity for a review

ahead of the normal review cycle. The

Department is cognizant of the potential

for abuse of this procedure and seeks to

ensure that it is only used where

appropriate. Certifications are critical to

the Department’s ability to distinguish

between legitimate and illegitimate new

shipper requests. The Department must

rely on the accuracy of the parties’

representations in deciding to initiate

this type of review. Moreover, the

Department attaches great importance to

receiving accurate and complete

submissions and requires parties to

certify these submissions to ensure

accuracy and completeness.

The domestic industry argues that the

Department should apply a margin to

BMSP based on facts available because

BMSP failed to disclose that BMSP and

BMMC share common management.

Section 776 of the Act authorizes the

department to apply facts available,

inter alia, when a respondent withholds

information which significantly

impedes a proceeding. In this case,

BMSP provided certified submissions

that were clearly inaccurate—it stated

that BMSP had no relationship with any

PRC entity which exported CDIW

during the POI, including by way of

sharing managers of officers, when in

fact BMSP had knowledge that BMSP

shares high-level managers with BMMC.

Plainly, BMSP’s inaccurate

representation and omission of highly

material information regarding the issue

of eligibility for the new shipper review

calls into question the reliability of

BMSP’s total response in this

proceeding and, in these circumstances,

warrants the use of adverse facts

available.

Section 776(b) provides that when a

party to the proceeding has failed to

cooperate by not acting to the best of its

ability to comply with requests for

information, the Department may use an

inference that is adverse. Given the

importance of receiving accurate and

complete information in proceedings we

conduct, we have determined to apply

adverse facts available pursuant to

775(b) by finding BMSP ineligible for a

new shipper review.

This notice is published in

accordance with section 353.22(h)(9)(i)

of the Department’s regulations (19 CFR

353.22.(h)(9)(i)).

Dated: February 14, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–4926 Filed 2–26–97; 8:45 am]

BILLING CODE 3510–DS–M

[A–570–820]

Certain Compact Ductile Iron

Waterworks Fittings and Glands

(CDIW) From the People’s Republic of

China: Termination of Antidumping

Duty Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of termination of

antidumping duty administrative

review.

SUMMARY: On September 2, 1994, the

Department of Commerce (the

Department) published in the Federal

Register (59 FR 45664) the notice of

initiation of the administrative review of

the antidumping duty order on certain

compact ductile iron waterworks fittings

and gland (CDIW) from the People’s

Republic of China (PRC). We are

terminating this review as a result of the

withdrawal by Star Pipe Products, Inc.

(Star Pipe) of its request for the review.

The petitioner in this proceeding, the

U.S. Waterworks Fittings Producers

Council, had requested an

administrative review of the same

period of sales made by China National

Metal Products Import & Export

Corporation (CMP). However, on the

basis of a court remand, CMP was

subsequently, retroactively, excluded
Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices 8927

from the antidumping duty order. As a

result we terminated the review of CMP

on December 29, 1994 as published in

the Federal Register (60 FR 2078). Star

Pipe was the only other interested party

that requested this review.

EFFECTIVE DATE: February 27, 1997.

FOR FURTHER INFORMATION CONTACT: Paul

M. Stolz, Office of Antidumping

Compliance, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230, telephone:

(202) 482–4474.

SUPPLEMENTARY INFORMATION:

Background

On September 29, 1994, Star Pipe, an

interested party, requested an

administrative review of the

antidumping duty order on CDIW from

the PRC for the period February 18,

1993 through August 31, 1994, pursuant

to 751(1)(B) of the Tariff Act of 1930 as

amended by the Uruguay Round

Agreements Act. On September 2, 1995,

the Department published in the

Federal Register (59 FR 45664) the

notice of initiation of that

administrative review. Star Pipe

withdrew its request for review on

January 17, 1997, pursuant to 19 CFR

353.22(a)(5). The petitioner in this

proceeding, the U.S. Waterworks

Fittings Producers Council, had

requested an administrative review of

the same period of sales made by China

National Metal Products Import &

Export Corporation (CMP). However, on

the basis of a court remand, CMP was

subsequently, retroactively, excluded

from the antidumping duty order. See

Certain CDIW Fittings and Glands from

the PRC: Notice of Court Decision;

Exclusion From the Application of the

Antidumping Duty Order, in Part;

Termination of Administrative Review

in Part; and Amended Final

Determination and Order (60 FR 2078).

Although Star Pipe is now withdrawing

its request beyond the 90 day time limit

set forth in 19 CFR 353.22(a)(5), the

Department has the discretion to extend

said time limit if the Department

decides it is reasonable to do so. Since

Star Pipe was the only other interested

party that requested this review, the

Department considers it reasonable to

terminate this review. Therefore, the

Department is terminating this review.

This notice is published in

accordance with § 353.22(a)(5) of the

Department’s regulations (19 CFR

353.22.(a)(5)).

Dated: February 19, 1997.

Jeffrey P. Bialos,

Principal Deputy Assistant Secretary for

Import Administration.

[FR Doc. 97–4927 Filed 2–26–97; 8:45 am]

BILLING CODE 3510–DS–M

[A–475–818]

Certain Pasta From Italy: Initiation of

New Shipper Antidumping Duty

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: The Department of Commerce

(‘‘the Department’’) has received a

request to conduct a new shipper

administrative review of the

antidumping duty order on certain pasta

from Italy. In accordance with 19 CFR

353.22(h), we are initiating this

administrative review.

EFFECTIVE DATE: February 27, 1997.

FOR FURTHER INFORMATION CONTACT: John

Brinkmann or Greg Thompson, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230;

telephone (202) 482–5288 or 482–3003,

respectively.

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. In addition, unless

otherwise indicated, all citations to the

Department’s regulations are to the

current regulations, as amended by the

interim regulations published in the

Federal Register on May 11, 1995 (60

FR 25130).

SUPPLEMENTARY INFORMATION:

Background

The Department has received a

request, pursuant to section 751(a)(2)(B)

of the Act, and in accordance with 19

CFR 353.22(h), for a new shipper review

of the antidumping duty order on

certain pasta from Italy, which has a

July anniversary date.

Initiation of Review

In accordance with section

751(a)(2)(B) of the Act and 19 CFR

353.22(h)(6), we are initiating a new

shipper review of the antidumping duty

order on certain pasta from Italy. We

intend to issue the final results of

review not later than 270 days from the

date of publication of this notice.

The standard period of review (POR)

in a new shipper review initiated

following the semiannual anniversary

month is the six months preceding the

semiannual anniversary month.

However, the Department may expand

the standard POR to cover the first

exportation of a new shipper. See

Certain Compact Ductile Iron

Waterworks Fittings and Glands From

the People’s Republic of China, 61 FR

18568, (April 26, 1996). Therefore, the

POR for this review has been expanded

to include the semiannual anniversary

month.

Antidumping duty proceeding Period to be

reviewed

Italy: Certain Pasta, A–475–

818:

GSA, S.r.l ....................... 07/01/96–

1/31/97

We will instruct the U.S. Customs

Service to allow, at the option of the

importer, the posting, until the

completion of the review, of a bond or

security in lieu of a cash deposit for

each entry of the merchandise exported

by the company listed above, in

accordance with 19 CFR 353.22(h)(4).

Interested parties must submit

applications for disclosure under

administrative protective orders in

accordance with 19 CFR 353.34(b).

This initiation and this notice are in

accordance with section 751(a) of the

Act (19 U.S.C. 1675(a)) and 19 CFR

353.22(h).

Dated: February 20, 1997.

Richard W. Moreland,

Acting Deputy Assistant Secretary, Import

Administration.

[FR Doc. 97–4928 Filed 2–26–97; 8:45 am]

BILLING CODE 3510–DS–P

[A–583–815]

Certain Welded Stainless Steel Pipe

From Taiwan, Antidumping Duty

Administrative Review; Time Limit

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Extension of Time

Limit.

SUMMARY: The Department of Commerce

(the Department) is extending the time

limit for the final results of the third

administrative review of the

antidumping duty order on welded

stainless steel pipe from Taiwan. The

review covers one manufacturer/

exporter of the subject merchandise to

the United States, Ta Chen Stainless

Pipe Company, Ltd., and the period