[Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
[Notices]
[Pages 39269-39270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19525]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-533-502]


Certain Welded Carbon Steel Pipes and Tubes From India; Amended 
Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.

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SUMMARY: On June 16, 1998, the Department of Commerce (the Department) 
published the final results of administrative review of the antidumping 
duty order on Certain Welded Carbon Steel Pipes and Tubes from India 
(63 FR 32825). The period of review is May 1, 1996 through April 30, 
1997. Subsequent to the publication of the final results, we received 
comments from the respondent alleging various ministerial errors. After 
analyzing the comments submitted, we are amending our final results to 
correct certain ministerial errors. Based on the correction of these 
ministerial errors, we have changed the margin for Rajinder Pipes Ltd. 
and Rajinder Steel, Ltd (collectively called ``RSL'').

EFFECTIVE DATE: July 22, 1998.

FOR FURTHER INFORMATION CONTACT: Gregory Thompson or Robin Gray, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: (202) 482-0410/4023.

APPLICABLE STATUTE: 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 Tariff Act by the Uruguay Round Agreements Act. 
In addition, unless otherwise indicated, all citations to the 
Department's regulations are to 19 CFR Part 353 (April 1997).

SUPPLEMENTARY INFORMATION:

Background

    On June 16, 1998, the Department published the final results of its 
administrative review of the antidumping duty order on certain welded 
carbon steel pipes and tubes from India covering the period May 1, 1996 
through April 30, 1997 (63 FR 32825). After publication of our final 
results, we received timely allegations from RSL that we had made 
ministerial errors in calculating the final results.
    A summary of each allegation along with the Department's response 
is included below. We corrected our calculations, where we agree that 
we made ministerial errors, in accordance with section 751(h) of the 
Tariff Act.

Clerical Error Allegations

    Allegation 1: RSL alleges that we inadvertently miscalculated the 
credit expense for sales made directly from the factory. Specifically, 
RSL states that when calculating credit expenses for these sales, we 
should have included the excise duty in the gross unit price.
    Department's Position: We agree and have changed the margin program 
accordingly. Excise taxes were included in gross unit price for all 
other sales. The omission of such taxes on these transactions was 
inadvertent.
    Allegation 2: RSL alleges that the excise duties should have been 
deducted from the home-market prices for purpose of comparison to the 
U.S. prices.
    Department's Position: We agree and have changed the margin program 
accordingly. This was an inadvertent programming error.
    Allegation 3: RSL asserts that we used the incorrect level-of-trade 
adjustment figure. RSL states that the correct figure is the one which 
equates level one with level two.
    Department's Position: We agree that this was an inadvertent 
programming error and have changed the margin program accordingly.
    Allegation 4: RSL states that we inadvertently rejected its 
inventory carrying costs by not using them in the commission offset 
calculation.
    Department's Position: We agree that this was an inadvertent 
programming error and have changed the margin program accordingly.

Amended Final Results of Review

    As a result of the amended margin calculations, the following 
weighted-average percentage margin exists for the period May 1, 1996, 
through April 30, 1997:

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Manufacturer/Exporter

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Percentage Margin

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RSL...............................................................29.81
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    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. We have 
calculated, wherever possible, an exporter/importer-specific assessment 
rate for RSL's sales to the United States. We will also direct the 
Customs Service to collect cash deposits of estimated antidumping 
duties on all appropriate entries in accordance with the procedures 
discussed in the final results of review (63 FR 32825, 32833) and as 
amended by this determination. The amended deposit requirements are 
effective for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice and shall remain in effect until publication 
of the final results of the next administrative review.

[[Page 39270]]

    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 doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 353.34(d) 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.
    We are issuing and publishing this determination in accordance with 
sections 751(h) and 777(i) of the Tariff Act and 19 CFR 353.28(c).

    Dated: July 15, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-19525 Filed 7-21-98; 8:45 am]
BILLING CODE 3510-DS-P