[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Notices]
[Pages 28422-28423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13052]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea; 
Amended Final Results of Antidumping Administrative Review

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

ACTION: Notice of amended final results of antidumping duty 
administrative review of circular welded non-alloy steel pipe from the 
Republic of Korea.

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SUMMARY: On April 11, 2001, the Department published the final results 
of the administrative review of the antidumping duty order on circular 
welded non-alloy steel pipe from the Republic of Korea (see Circular 
Welded Non-Alloy Steel Pipe from the Republic of Korea; Final Results 
of Antidumping Administrative Review, 66 FR 18747 (April 11, 2001) 
(``Final Results'')). On April 16, 2001, the respondents Hyundai Pipe 
Co., Ltd., Shinho Steel Co., Ltd., and SeAH Steel Corporation submitted 
allegations of ministerial errors. On April 23, 2001, the domestic 
interested parties submitted comments. Based on our review of the 
submissions received from all parties regarding potential ministerial 
errors, we have made certain corrections to the margin calculation for 
all three respondents. This correction results in a margin of 2.53 
percent for HDP, 0.95 percent for SeAH, and 2.99 percent for Shinho.

EFFECTIVE DATE: May 23, 2001.

FOR FURTHER INFORMATION CONTACT: Greg Campbell or Suresh Maniam, Group 
1, Office I, Antidumping/Countervailing Duty Enforcement, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-2239 or (202) 482-0176, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the ``Act''), are references to

[[Page 28423]]

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 of Commerce's (``Department's'') regulations are to 19 
CFR Part 351 (2000).

Background

    On April 11, 2001, the Department published the Final Results. On 
April 16, 2001, the respondents Hyundai Pipe Co., Ltd.\1\ (``HDP''), 
Shinho Steel Co., Ltd. (``Shinho''), and SeAH Steel Corporation 
(``SeAH'') submitted allegations that the Final Results contained 
ministerial errors. On April 23, 2001, the domestic interested parties 
submitted comments regarding Shinho's and SeAH's allegations. The 
period of review (``POR'') is November 1, 1998, through October 31, 
1999.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of the Review
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    \1\ In a letter dated January 5, 2001, HDP informed the 
Department that its corporate name would change to Hyundai Steel 
Company effective February 1, 2001. On February 27, 2001, the 
Department initiated a changed circumstances review to determine 
whether entries naming ``Hyundai Hysco'' as manufacturer or exporter 
should receive the cash deposit rate currently applied to HDP. 
Certain Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea; Initiation of Changed Circumstances Antidumping Duty 
Administrative Review, 66 FR 12460 (February 27, 2001). Pending a 
final determination in that changed circumstances review, we will 
continue to refer to the respondent in the instant review as HDP.
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    The merchandise subject to this review is circular welded non-alloy 
steel pipe and tube, of circular cross-section, not more than 406.4mm 
(16 inches) in outside diameter, regardless of wall thickness, surface 
finish (black, galvanized, or painted), or end finish (plain end, 
beveled end, threaded, or threaded and coupled). These pipes and tubes 
are generally known as standard pipes and tubes, and are intended for 
the low-pressure conveyance of water, steam, natural gas, air, and 
other liquids and gases in plumbing and heating systems, air-
conditioning units, automatic sprinkler systems, and other related 
uses. Standard pipe may also be used for light load-bearing 
applications, such as for fence tubing, and as structural pipe tubing 
used for framing and as support members for reconstruction or load-
bearing purposes in the construction, shipbuilding, trucking, farm 
equipment, and other related industries. Unfinished conduit pipe is 
also included in this order.
    All carbon-steel pipes and tubes within the physical description 
above are included within the scope of this review except line pipe, 
oil-country tubular goods, boiler tubing, mechanical tubing, pipe and 
tube hollows for redraws, finished scaffolding, and finished conduit. 
In accordance with the Department's Final Negative Determination of 
Scope Inquiry on Certain Circular Welded Non-Alloy Steel Pipe and Tube 
from Brazil, the Republic of Korea, Mexico, and Venezuela (61 11608, 
March 21, 1996), pipe certified to the API 5L line-pipe specification 
and pipe certified to both the API 5L line-pipe specifications and the 
less-stringent ASTM A-53 standard-pipe specifications, which falls 
within the physical parameters as outlined above, and entered as line 
pipe of a kind used for oil and gas pipelines is outside of the scope 
of the antidumping duty order.
    Imports of these products are currently classifiable under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. 
Although the HTSUS subheadings are provided for convenience and 
customs, the written description of the scope of this proceeding is 
dispositive.

Analysis of Comments Received

    HDP argued that, due to an anomaly in the SAS software used for the 
margin calculations, certain U.S. sales were matched to home market 
sales in a less contemporaneous month, despite the existence of more 
contemporaneous home market sales of similar merchandise. SeAH and 
Shinho argued that although the Department intended to remove 
specification as a matching criterion for similar matches only it, in 
fact, inadvertently removed specification from the calculation program 
completely--even for purposes of identical matches.
    The domestic interested parties made no comments regarding HDP's 
ministerial error allegation. Regarding SeAH's and Shinho's ministerial 
error allegation, the domestic interested parties argued that the 
allegations are not ministerial in nature. Rather, the domestic 
interested parties content, SeAH and Shinho are merely rearguing a 
major point from their briefs, namely, that the margin calculation 
program ought to reflect the matching methodology or prior reviews of 
this order.
    We have addressed these comments regarding ministerial error 
allegations in detail in the Memorandum to Susan Kuhback, ``Ministerial 
Error Allegations for Final Results of Review'' (May 7, 2001). As 
explained in that memorandum, we agree with DHP's ministerial error 
allegation. This error, however, affects the margin program for all 
three respondents and, therefore, we have corrected the error for HDP, 
as well as for SeAH and Shinho. Regarding SeAh's and Shinho's 
ministerial error allegations, we find these alleged errors do not 
constitute ministerial errors under 19 CFR 351.224(c) and, accordingly, 
have made no changes to the margins to correct them.

Amended Final Results

    Based on our review of comments received regarding ministerial 
errors, we have made the following change to the Final Results: We have 
corrected the SAS calculation program to allow proper matching of U.S. 
sales to home market sales.
    We determine the following dumping margins exist for the period 
November 1, 1998, through October 31, 1999:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Shinho.....................................................         2.99
SeAH.......................................................         0.95
HDP........................................................         2.53
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    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 771(i) of the Act.

    Dated: May 11, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-13052 Filed 5-22-01; 8:45 am]
BILLING CODE 3510-DS-M