[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Notices]
[Pages 9821-9822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4321]



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DEPARTMENT OF COMMERCE
[A-351-505]


Certain Malleable Cast Iron Pipe Fittings From Brazil; 
Preliminary Results of Antidumping Administrative Review

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

ACTION: Notice of Preliminary Results of Antidumping Duty 
Administrative Review.

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SUMMARY: In response to requests from petitioners, Grinnell 
Corporation, Ward Manufacturing Inc., and Stockham Valves and Fittings 
Co., the Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain 
malleable cast iron pipe fittings from Brazil. This review covers 
Industria de Fundicao Tupy S.A. (Tupy), a manufacturer and exporter of 
this merchandise to the United States, and the period May 1, 1993 
through April 30, 1994. The firm failed to submit a response to our 
questionnaire. As a result, we have preliminarily determined to use the 
best information otherwise available (BIA) for cash deposit and 
assessment purposes.
    We invite interested parties to comment on these preliminary 
results.

EFFECTIVE DATE: February 22, 1995.

FOR FURTHER INFORMATION CONTACT: Thomas E. Schauer or Richard 
Rimlinger, Office of Antidumping Compliance, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone 
(202) 482-4733/4477.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 1994, the Department published in the Federal Register 
(59 FR 23051) a notice of ``Opportunity to Request an Administrative 
Review'' of the antidumping duty order on certain malleable cast iron 
pipe fittings from Brazil. On May 4, 1994, we received from the 
petitioners in this case, Grinnell Corporation, Ward Manufacturing 
Inc., and Stockham Valves and Fittings Co., a request to initiate an 
administrative review of Tupy, a manufacturer and exporter of this 
merchandise to the United States. On July 15, 1994, in accordance with 
CFR 353.22(c), we initiated an administrative review of this order for 
Tupy covering the period May 1, 1993 through April 30, 1994 (see 59 FR 
36160).
    The Department is now conducting this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Tariff Act).

Scope of Review

    Imports covered by this review are shipments of certain malleable 
cast iron pipe fittings, other than grooved, from Brazil. In the 
original order, these products were classifiable in the Tariff 
Schedules of the United States, Annotated, under item numbers 610.7000 
and 610.7400. These products are currently classifiable under item 
numbers 7307.19.00 and 7307.19.90 of the Harmonized Tariff Schedule 
(HTS). The HTS item numbers are provided for convenience and Customs 
purposes. The written description remains dispositive.

Best Information Available

    In accordance with section 776(c) of the Tariff Act, we have 
preliminarily determined that the use of BIA is appropriate for Tupy. 
The Department's regulations provide that we may take into account 
whether a party refuses to provide information (19 CFR 353.37(b)) in 
selecting BIA. Generally, whenever a company refuses to cooperate with 
the Department or otherwise significantly impedes the proceeding, the 
Department uses as BIA the highest rate for any company for the same 
class or kind of merchandise from the current or any prior segment of 
the proceeding. When a company substantially cooperates with our 
requests for information, but fails to provide all the information 
requested in a timely manner or in the form requested, we use as BIA 
the higher of (1) the highest rate (including the ``all others'' rate) 
ever applicable to the firm for the same class or kind of merchandise 
from the same country from either the less-than-fair-value (LTFV) 
investigation or a prior administrative review; or (2) the highest 
calculated rate in the review for any firm for the same class or kind 
of merchandise from the same country. See Antifriction Bearings (Other 
Than Tapered Roller Bearings) and Parts Thereof From the Federal 
Republic of Germany, et al.; Final Results of Antidumping Duty 
Administrative Review, 56 FR 31692, 31704 (July 11, 1991); see also 
Allied-Signal Aerospace Co. v. United States 996 F.2d 1185 (Fed. Cir. 
1993).
    Because Tupy refused to respond to our requests for information 
(see letter from the law firm of Sonnenberg, Anderson, & Rodriguez to 
the Department dated October 31, 1994), we have used the highest rate 
ever found in this proceeding to establish its margin. This rate is 
5.64 percent.

Preliminary Results of Review

    We preliminarily determine the margin for this administrative 
review to be:

------------------------------------------------------------------------
                       Producer/exporter                          Margin
------------------------------------------------------------------------
Industria de Fundicao Tupy S.A.................................     5.64
------------------------------------------------------------------------

    Parties to the proceeding may request disclosure within 5 days and 
interested parties may request a hearing not later than 10 days after 
publication of this notice. Interested parties may submit written 
arguments in case briefs on these preliminary results within 30 days of 
the date of publication of this notice. Rebuttal briefs, limited to 
issues raised in case briefs, may be filed no later than 7 days after 
the time limit for filing case briefs. Any hearing, if requested, will 
be held 7 days after the scheduled date for submission of rebuttal 
briefs. Copies of case briefs and rebuttal briefs must be served on 
interested parties in accordance with 19 CFR 353.38(e). Representatives 
of parties to the proceeding may request disclosure of proprietary 
information under administrative protective order no later than 10 days 
after the representative's client or employer becomes a party to the 
proceeding, but in any event not later than the date the case briefs, 
under 19 CFR 353.38(c), are due. The Department will publish the final 
results of this administrative review, including the results of its 
analysis of issues raised in any case or rebuttal brief or at a 
hearing.
    Upon completion of the final results in this review, the Department 
shall determine, and the Customs Service [[Page 9822]] shall assess, 
antidumping duties on all appropriate entries. Individual differences 
between U.S. price and foreign market value may vary from the 
percentages stated above. The Department will issue appraisement 
instructions on each exporter directly to the Customs Service.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided for by section 
751(a)(1) of the Tariff Act: (1) The cash deposit rates for the 
reviewed company will be the rate established in the final results of 
this review; (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 
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) for all other producers and/or exporters of 
this merchandise, the cash deposit rate shall be 5.64 percent, the 
adjusted ``all others'' rate from the LTFV investigation. 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 preliminary reminder to importers of 
their responsibility under 19 C.F.R. 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.
    These administrative reviews and notice are in accordance with 
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1) and section 
353.22 of the Department's regulations (19 CFR 353.22(c)(5)).

    Dated: February 13, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-4321 Filed 2-21-95; 8:45 am]
BILLING CODE 3510-DS-P