[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Pages 14002-14004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5672]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-828, A-557-809, A-565-801]


Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and 
the Philippines: Final Results of the Expedited Second Five-Year 
(``Sunset'') Reviews of Antidumping Duty Orders

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

SUMMARY: On November 1, 2011, the Department of Commerce (the 
Department) initiated sunset reviews of the antidumping duty orders on 
stainless steel butt-weld pipe fittings (butt-weld pipe fittings) from 
Italy, Malaysia, and the Philippines pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\1\ On the basis of notices of 
intent to participate and adequate substantive responses filed on 
behalf of domestic interested parties, and no adequate response from 
respondent interested parties, the Department conducted expedited (120-
day) sunset reviews of these antidumping duty orders. As a result of 
these sunset reviews, the Department finds that revocation of the 
antidumping duty orders would be likely to lead to continuation or 
recurrence of dumping at the levels identified below in the ``Final 
Results of Sunset Reviews'' section of this notice.
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 67412 
(November 1, 2011) (Initiation Notice).

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DATES: Effective Date: March 8, 2012.

FOR FURTHER INFORMATION CONTACT:  Dena Crossland or Angelica Mendoza, 
AD/CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2011, the Department initiated the second sunset 
reviews of the antidumping duty orders on butt-weld pipe fittings from 
Italy, Malaysia, and the Philippines pursuant to section 751(c) of the 
Act. See Initiation Notice. On November 16, 2011, the Department 
received notices of intent to participate from four domestic interested 
parties, Core Pipe Products, Inc. (formerly Gerlin, Inc.), Ezeflow USA 
Inc.--Flowline Division (formerly Flowline Division of Markovitz 
Enterprises, Inc.), Shaw Alloy Piping Products, Inc., and Taylor Forge 
Stainless, Inc. (collectively, domestic interested parties), within the 
deadline specified in section 351.218(d)(1)(i) of the Department's 
regulations. Domestic interested parties claimed interested party 
status under section 771(9)(C) of the Act as U.S. producers of a 
domestic like product.
    On December 1, 2011, we received an adequate substantive response 
from domestic interested parties within the 30-day deadline specified 
in section 351.218(d)(3)(i) of the Department's

[[Page 14003]]

regulations. Additionally on December 1, 2011, we received an 
incomplete response to the Department's initiation notice of the five-
year sunset review of butt-weld pipe fittings from Italy from 
respondent interested party Filmag Italia, srl (Filmag). In its 
incomplete response, Filmag also requested a one-week extension for 
gathering and submitting the required information for a substantive 
response. On December 5, 2011, we notified Filmag that in light of the 
Department's statutory requirement to issue timely determinations in 
these sunset reviews, and given the fact that parties were afforded 
ample time in which to provide complete substantive responses, we were 
unable to grant Filmag's extension request.\2\
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    \2\ See Letter to Filmag Italia, srl, from Angelica L. Mendoza, 
Program Manager, Office 7, AD/CVD Operations, dated December 5, 
2011.
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    On December 6, 2011, we notified Filmag that it did not include a 
representative certification in its December 1, 2011, submission, and 
requested that Filmag resubmit its December 1, 2011, submission, with 
all of the proper certifications, by December 7, 2011.\3\ On December 
7, 2011, Filmag resubmitted its December 1, 2011, submission, which 
included all of the proper certifications.
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    \3\ See Letter to Filmag Italia, srl, from Angelica L. Mendoza, 
Program Manager, Office 7, AD/CVD Operations, dated December 6, 
2011.
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    On December 13, 2011, because Filmag did not provide any volume 
data to show that its exports accounted for more than 50 percent of the 
total exports of subject merchandise to the United States over the 
relevant five-year period pursuant to 19 CFR 351.218(e)(1)(ii)(A), we 
determined its December 1, 2011, response to be inadequate.\4\
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    \4\ See Memorandum to Richard O. Weible, Director, AD/CVD 
Operations, Office 7, ``Adequacy Determination in the Second Five-
Year `Sunset Review' (2006 through 2010) of the Antidumping Duty 
Orders on Stainless Steel Butt-Weld Pipe Fittings (SSBWPFs) from 
Italy, Malaysia, and the Philippines,'' dated December 13, 2011 
(Adequacy Determination Memorandum).
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    We did not receive any substantive response from any other 
respondent interested parties with respect to the antidumping duty 
orders on butt-weld pipe fittings from Italy, Malaysia, or the 
Philippines. Additionally, we did not receive any rebuttal response 
from any respondent interested parties. As a result, pursuant to 
section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of 
the Department's regulations, the Department conducted expedited sunset 
reviews of these orders.\5\
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    \5\ See Letter to Catherine DeFilippo, Director, Office of 
Investigations, U.S. International Trade Commission, from Edward C. 
Yang, Senior Director, China/NME, AD/CVD Operations, entitled 
``Sunset Reviews Initiated on November 1, 2011,'' dated December 8, 
2011 (Letter to the U.S. International Trade Commission).
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    On January 6, 2012, domestic interested parties submitted a letter 
to the Department in support of the Department's Letter to the U.S. 
International Trade Commission and the Department's Adequacy 
Determination Memorandum. Additionally, in their January 6, 2012, 
letter, domestic interested parties reiterated that the Department 
should find that revocation of the antidumping duty orders on butt-weld 
pipe fittings from Italy, Malaysia, and the Philippines would be likely 
to lead to continuation or recurrence of dumping at the margins 
indicated in domestic interested parties' substantive response.

Scope of the Orders

    For purposes of the orders, the product covered is certain 
stainless steel butt-weld pipe fittings (butt-weld fittings). Butt-weld 
pipe fittings are under 14 inches in outside diameter (based on nominal 
pipe size), whether finished or unfinished. The product encompasses all 
grades of stainless steel and ``commodity'' and ``specialty'' fittings. 
Specifically excluded from the definition are threaded, grooved, and 
bolted fittings, and fittings made from any material other than 
stainless steel.
    The butt-weld fittings subject to the orders are generally 
designated under specification ASTM A403/A403M, the standard 
specification for Wrought Austenitic Stainless Steel Piping Fittings, 
or its foreign equivalents (e.g., DIN or JIS specifications). This 
specification covers two general classes of fittings, WP and CR, of 
wrought austenitic stainless steel fittings of seamless and welded 
construction covered by the latest revision of ANSI B16.9, ANSI B16.11, 
and ANSI B16.28. Butt-weld fittings manufactured to specification ASTM 
A774, or its foreign equivalents, are also covered by the orders.
    The orders do not apply to cast fittings. Cast austenitic stainless 
steel pipe fittings are covered by specifications A351/A351M, A743/
743M, and A744/A744M.
    The butt-weld fittings subject to the orders are currently 
classifiable under subheading 7307.23.0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of the orders is dispositive.

Analysis of Comments Received

    All issues raised in these cases are addressed in the ``Issues and 
Decision Memorandum for the Final Results of the Expedited Second Five-
Year (``Sunset'') Reviews of the Antidumping Duty Orders on Stainless 
Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the 
Philippines'' from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, Import Administration, 
to Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration, dated February 29, 2012 (Decision Memorandum), which is 
hereby adopted by this notice. The issues discussed in the Decision 
Memorandum include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margin likely to prevail if the orders 
were revoked. Parties can find a complete discussion of all issues 
raised in these sunset reviews and the corresponding recommendations in 
this public memorandum, which is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACESS). Access to IA ACCESS is available 
in the Central Records Unit, room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Decision Memorandum and the electronic 
versions of the Decision Memorandum are identical in content.

Final Results of Sunset Reviews

    The Department determines that revocation of the antidumping duty 
orders on butt-weld pipe fittings from Italy, Malaysia, and the 
Philippines would likely lead to continuation or recurrence of dumping 
at the following percentage weighted-average margins:

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                                                              Weighted-
                                                               average
             Manufacturers/exporters/ producers                 margin
                                                              (percent)
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Italy:
  Coprosider S.p.A.........................................        26.59
  All Others...............................................        26.59
Malaysia:
  Kanzen Tetsu Sdn. Bhd....................................         7.51
  All Others...............................................         7.51
The Philippines:
  Enlin Steel Corporation..................................        33.81
  Tung Fong Industrial Co., Inc............................         7.59
  All Others...............................................         7.59
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[[Page 14004]]

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective order of their responsibility concerning the 
return or destruction of proprietary information disclosed under 
administrative protection order in accordance with section 351.305 of 
the Department's regulations. Timely notification of the return or 
destruction of administrative protective order materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an administrative protective order is 
a violation which is subject to sanction.
    The Department is issuing and publishing the final results and 
notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the 
Act.

    Dated: February 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-5672 Filed 3-7-12; 8:45 am]
BILLING CODE 3510-DS-P