[Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
[Notices]
[Pages 2131-2132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-995]


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DEPARTMENT OF COMMERCE
[A-549-502]


Certain Circular Welded Carbon Steel Pipes and Tubes from 
Thailand: Amended Final Results of Antidumping Duty Administrative 
Review

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

SUMMARY: On November 1, 1996, the Department of Commerce (the 
Department) published the final results of the administrative review of 
the antidumping duty order on certain circular welded carbon steel 
pipes and tubes from Thailand (61 FR 56515). This review covers Saha 
Thai Steel Pipe Company, SAF Steel Pipe Export Company, and Pacific 
Pipe Company.<SUP>1 The period of review (POR) is March 1, 1994 through 
February 28, 1995.
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    \1\ The Department has determined that Pacific Pipe Company had 
no U.S. sales during the period of review.
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    On October 31, 1996, counsel for the petitioning companies Allied 
Tube & Conduit Corporation, Sawhill Tubular Division of Armco, Inc., 
American Tube Company, Inc., Laclede Steel Company, Sharon Tube 
Company, Wheatland Tube Company, and Eagle Pipe (``petitioners'') filed 
timely allegations, pursuant to 19 CFR 353.28, of ministerial and 
clerical errors with regard to the final results in the 1994-95 
administrative review of the antidumping duty order on certain circular 
welded carbon steel pipes and tubes from Thailand. Petitioners'' 
allegations were limited to alleged errors in calculating the dumping 
margin for subject merchandise manufactured by Saha Thai. On November 
20, 1996, Saha Thai also submitted timely allegations of clerical 
errors. Saha Thai did not comment on the allegations submitted by 
petitioners.

EFFECTIVE DATE: January 15, 1997.

FOR FURTHER INFORMATION CONTACT: James Rice or Jean Kemp, AD/CVD 
Enforcement Group III, Office 9, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-
0162 or (202) 482-4037, respectively.

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. In addition, unless otherwise indicated,

[[Page 2132]]

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).

Scope of the Review

    The products covered by this administrative review are certain 
circular welded carbon steel pipes and tubes from Thailand. The subject 
merchandise has an outside diameter 0.375 inches or more, but not 
exceeding 16 inches. These products, which are commonly referred to in 
the industry as ``standard pipe'' or ``structural tubing,'' are 
hereinafter designated as ``pipe and tube.'' The merchandise is 
classifiable under the Harmonized Tariff Schedule (HTS) item numbers 
7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 
7306.30.5085 and 7306.30.5090. Although the HTSUS subheadings are 
provided for convenience and Customs purposes, our written description 
of the scope of the order is dispositive.

Ministerial and Clerical Errors in the Final Results of Review

    Petitioners alleged that the Department made four ministerial 
errors in the final results. First, petitioners contend that the 
Department inadvertently added indirect selling expenses to the 
calculation of export price. Second, petitioners contend that the 
Department failed to include a difference in merchandise adjustment in 
its calculation of FUPDOL. Third, petitioners argued that the 
Department failed to include direct selling expenses in the calculation 
of normal value for constructed value. For these three allegations, the 
Department agrees that these are ministerial errors, and we have 
amended our final results to correct these errors. Fourth, petitioners 
alleged that the Department failed to include straightening labor and 
overhead expenses for black pipe produced by Saha. The Department 
disagrees with petitioners'' assertion that this represents a 
ministerial error. As stated in the verification report, the 
straightening costs identified by petitioners relate to the 
straightening which is required following the deformation that occurs 
during the galvanization process. In the final results of 
administrative review, the Department calculated COP and CV for black 
pipe exclusive of these straightening costs because they are not 
incurred in the production of black pipe.
    Respondents did not object to petitioners' ministerial allegations, 
but on November 20, 1996, alleged that a clerical error occurs in the 
Department's calculation of COP. Saha Thai alleges that the Department 
double counted its inventory carrying costs in calculating COP. The 
Department agrees that this is a clerical error, and in accordance with 
19 CFR 353.28, we have amended the final results to correct this error.
    Saha Thai also contends that the Department's model match program 
departed from prior practice in that the program searched only for what 
the Department considered best match rather than for subsequent next-
best matches before resorting to CV. We disagree with respondents that 
this is a ministerial error. The issue of the model match program used 
in this review is a methodological issue. Consequently, it is 
inappropriate to change the model match program because of an alleged 
ministerial error. See 19 CFR 353.28(d). (For further information, see 
the Decision Memorandum from Joseph A. Spetrini to Robert S. LaRussa, 
Acting Assistant Secretary for Import Administration, dated December 
20, 1996, which is on file in the Central Records Unit, room B-099 of 
the main Commerce building.)

Amended Final Results of Review

    Upon correction of the ministerial errors, we have determined that 
the following margin exists for the period indicated:

------------------------------------------------------------------------
                                                                Margin  
           Manufacturer/exporter               Time period    (percent) 
------------------------------------------------------------------------
Saha Thai/SAF..............................  3/1/94-2/28/95         7.27
------------------------------------------------------------------------

    The Customs Service shall assess antidumping duties on all 
appropriate entries. Individual differences between United States price 
and normal value may vary from the percentages stated above. The 
Department will issue appraisement instructions directly to the Customs 
Service.
    Furthermore, the following deposit requirements will be effective, 
upon publication of this notice of amended final results of review for 
all shipments of certain circular welded carbon steel pipes and tubes 
from Thailand entered, or withdrawn from warehouse, for consumption on 
or after the publication date, as provided for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the reviewed companies will 
be the rates for those firms as stated above; (2) for previously 
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, 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 15.67 percent for 
circular welded carbon steel pipes and tubes, the all others rate 
established in the LTFV investigations. See Final Determination and 
Antidumping Duty Order: Certain Welded Carbon Steel Pipes and Tubes 
from Thailand, (51 FR 8341, March 11, 1986).
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also 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 a 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 353.34(d) 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 the terms of an 
APO is a sanctionable violation. 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 353.28(c).

    Dated: January 7, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-995 Filed 1-14-97; 8:45 am]
BILLING CODE 3510-DS-P