[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Notices]
[Page 23004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11437]



[[Page 23004]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Certain Welded Carbon Steel Pipes and Tubes From Thailand: Notice 
of Court Decision and Suspension of Liquidation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 22, 2001, in Allied Tube and Conduit, Corp. v. United 
States, Court No. 99-11-00715, Slip. Op. 01-31 (CIT 2001), a lawsuit 
challenging the Department of Commerce's (``the Department's'') final 
results of administrative review of the antidumping order on certain 
welded carbon steel pipes and tubes from Thailand, the Court of 
International Trade (CIT) affirmed the Department's remand 
determination and entered a judgment order. In its remand 
determination, the Department addressed the issue of use of facts 
available for the duty drawback amount received by producer/exporter 
Saha Thai Steel Pipe Co., Ltd. (Saha Thai). As a result of the remand 
determination, the final antidumping duty rate for Saha Thai was 
increased from 9.65 percent to 9.84 percent. This decision was not in 
harmony with the Department's original final determination. Consistent 
with the decision of the U.S. Court of Appeals for the Federal Circuit 
in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), 
the Department will continue to order the suspension of liquidation of 
the subject merchandise until there is a ``conclusive'' decision in 
this case. If the case is not appealed, or if it is affirmed on appeal, 
the Department will instruct Customs to liquidate Saha Thai's entries 
of subject merchandise during the March 1997-February 1998 period of 
review.

EFFECTIVE DATE: May 7, 2001.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Sally Gannon, AD/
CVD Enforcement Group III, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-2243 or (202) 482-0162, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published notice of its final results of 
administrative review of the antidumping order on certain welded carbon 
steel pipes and tubes, on October 21, 1999. Certain Welded Carbon Steel 
Pipes and Tubes from Thailand: Final Results of Antidumping 
Administrative Review, 64 FR 56759 (October 21, 1999) (Final Results).
    Following publication of the Final Results, Allied Tube and 
Conduit, Corp., petitioner in this case, filed a lawsuit with the CIT 
challenging the Department's date of sale and duty drawback 
determinations in the Final Results. On January 18, 2001, the CIT 
remanded the above-referenced proceeding to the Department of Commerce 
for reconsideration of the following issue: (1) To explain why the 
Department's duty drawback methodology, which employed facts available, 
is consistent with the objectives of the facts available provision, 19 
U.S.C. 1677(e)(a), and accounts for gaps in respondent's information; 
or alternatively calculate a new duty drawback adjustment which is 
consistent with this objective. See Allied Tube and Conduit Corp. v. 
United States, Court No. 99-11-00715, Slip Op. 01-03 (CIT 2001). On 
February 14, 2001, the Department issued its Draft Results of 
Redetermination to the plantiff and defendant-intervenor to comment.
    In the Draft Results of Redetermination, we reconsidered our 
methodology in accordance with the CIT's order and determined that the 
simple average methodology applied did not adequately function as a 
modified duty drawback adjustment for respondent. Therefore, we 
recalculated the adjustment using the weighted average of the duty 
drawback unit values by invoice. Neither party submitted comments to 
the Department on the Draft Results of Redetermination. The 
Department's Final Results of Redetermination were identical to the 
Draft Results of Redetermination.
    The CIT affirmed the Department's Final Results of Redetermination 
on March 22, 2001. See Allied Tube and Conduit, Corp. v. United States, 
Court No. 99-11-00715, Slip. Op. 01-31 (CIT 2001).

Suspension of Liquidation

    The U.S. Court of Appeals for the Federal Circuit in Timken held 
that the Department must publish notice of a decision of the CIT or the 
Federal Circuit which is not ``in harmony'' with the Department's final 
determination. Publication of this notice fulfills that obligation. The 
Federal Circuit also held that the Department must suspend liquidation 
of the subject merchandise until there is a ``conclusive'' decision in 
the case. Therefore, pursuant to Timken, the Department must continue 
to suspend liquidation pending the expiration of the period to appeal 
the CIT's March 22, 2001 decision or, if that decision is appealed, 
pending a final decision by the Federal Circuit. The Department will 
instruct Customs to liquidate relevant entries covering the subject 
merchandise effective May 22, 2001, in the event that the CIT's ruling 
is not appealed.
    Effective January 20, 2001, Bernard T. Carreau is fulfilling the 
duties of the Assistant Secretary for Import Administration.

    Dated: April 30, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, Import Administration.
[FR Doc. 01-11437 Filed 5-4-01; 8:45 am]
BILLING CODE 3510-DS-P