[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Notices]
[Pages 60613-60615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26243]


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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 7, 2000, 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 (65 FR 36110). The review covers one manufacturer/exporter of 
the subject merchandise to the United States and the period May 1, 1998 
through April 30, 1999. The manufacturer covered is Yieh Hsing 
Enterprise Co. Ltd. (Yieh Hsing). This review originally covered seven 
firms; however, we rescinded the review with respect to six of these 
companies at the preliminary results. Based on our analysis of the 
comments received, we have made changes in the margin calculations. 
Therefore, the final results differ from the preliminary results. The 
final weighted-average dumping margin for the reviewed firm is listed 
below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: October 12, 2000.

[[Page 60614]]


FOR FURTHER INFORMATION CONTACT: Thomas Killiam or Robert James, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-5222 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Tariff 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 351 (1999).

Background

    On June 7, 2000 the Department published the preliminary results of 
this administrative review, and rescinded the review with respect to 
Far East Machinery Co., Ltd., Sheng Yu Steel Co., Ltd., Tai Feng 
Industries Ltd., Kao Hsing Chang Iron & Steel Corporation, Yu Din Steel 
Co., Ltd., and Yieh Loong Co., Ltd. See Certain Circular Welded Carbon 
Steel Pipes and Tubes From Taiwan: Preliminary Results of Antidumping 
Duty Administrative Review and Partial Rescission of Review (65 FR 
36110) (Preliminary Results). We received comments on the Preliminary 
Results from respondent Yieh Hsing. We received no rebuttal comments 
from the petitioners.\1\ The Department has now completed this review 
in accordance with section 751 of the Tariff Act.
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    \1\ Allied Tube & Conduit Corp., Wheatland Tube Company, and the 
Sawhill Tubular Division of Armco Inc.
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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 and 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 
review is dispositive.

Methodology

    Except for the corrections of clerical errors discussed below we 
did not change our method of analysis from the preliminary results. 
Thus, we applied the same methods with regard to price and cost of 
production, and observed the requirements of section 773(a)(1)(B)(i) of 
the Tariff Act concerning our level-of-trade analysis.

Comment 1: Model Match Characteristics

    Yieh Hsing argues that the Department mistakenly included the 
product characteristic of thickness twice to create its concordance for 
U.S. sales in its model matching program. Because of this error, Yieh 
Hsing asserts, the product characteristic of specification was excluded 
from the concordance with respect to U.S. sales, and a U.S. sale was 
improperly matched with non-identical or non-similar home market sales 
to calculate Yieh Hsing's dumping margin.

Department's Position

    We agree with Yieh Hsing that in the model match program the 
characteristic measuring pipe wall thickness was not properly 
referenced when matching U.S. sales to home market sales, and we have 
adjusted our final results accordingly (See Analysis Memorandum).

Comment 2: Matching Sales in the Same Month

    Yieh Hsing argues that the number code that the Department assigned 
to U.S. sales for a particular month in its margin calculation program 
was not identical to the number code assigned to home market sales sold 
in the same month in its model matching program. Yieh Hsing asserts 
this error resulted in comparison of U.S. sales of a month with home 
market sales in the wrong months.

Department's Position

    We agree that the number codes for the months in the model matching 
program were incorrect and have corrected those typographical errors 
(See Analysis Memorandum).

Comment 3: Improper Coding of Sales Months

    Yieh Hsing further claims that the Department assigned two 
different number codes to January 1998 in its model matching program 
and margin program. Because of these errors, Yieh Hsing argues, the 
margin calculation program failed to compare U.S. sales to the correct 
contemporaneous home market sales.

Department's Position

    We agree that the number codes for the months in the model matching 
program and margin program were incorrect and have corrected those 
typographical errors (See Analysis Memorandum).

Final Results of Review

    As a result of this review, we determine that the following 
weighted-average margin exists:

------------------------------------------------------------------------
                                                                Margin
       Manufacturer/exporter            Period of review      (percent)
------------------------------------------------------------------------
Yieh Hsing........................       5/1/1998-4/30/1999         0.17
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
shall issue appraisement instructions directly to the Customs Service. 
For assessment purposes, the Department has calculated importer-
specific assessment rates by dividing the total antidumping duties 
calculated for the subject merchandise examined by the entered value of 
such merchandise. The Department will direct the Customs Service to 
assess antidumping duties on appropriate entries by applying the 
assessment rate to the entered value of the merchandise entered during 
the POR, except where the assessment rate is zero or de minimis (see 19 
CFR 351.106(c)(2)).
    Furthermore, the following deposit requirements will be effective 
for all

[[Page 60615]]

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 Tariff Act: (1) The 
cash deposit rate for Yieh Hsing will be zero, in light of its de 
minimis weighted-average margin; (2) for previously reviewed or 
investigated companies not listed above, 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) if neither the exporter nor the manufacturer 
is a firm covered in this review, the cash deposit rate will be 9.70 
percent. This rate is the ``all others'' rate from the amended final 
determination in the LTFV investigation.
    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 sections 351.305 and 351.306 of the Department's 
regulations. 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 Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 
351.221.

    Dated: October 5, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-26243 Filed 10-11-00; 8:45 am]
BILLING CODE 3510-DS-P