10550 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Notices

further notice. The weighted-average

dumping margins are as follows:

Manufacturer/

producer/exporter

Margin

(percent)

Deposit

(percent)

Karmen Steels

of India .......... 1.69 1.69

Sivanandha

Pipe Fittings,

Ltd ................. 13.99 10.83

All Other ........... 7.84 6.26

Adjustment of Deposit Rate for

Countervailing Duties

Article VI, paragraph 5 of the General

Agreement on Tariffs and Trade

provides that ‘‘[no] product * * * shall

be subject to both antidumping and

countervailing duties to compensate for

the same situation for dumping or

export subsidization.’’ This provision is

implemented by section 772(d)(1)(D) of

the Act. Since antidumping duties

cannot be assessed on the portion of the

margin attributable to export subsidies,

there is no basis to require a cash

deposit or bond for that amount.

Accordingly in this investigation,

because Sivanandha’s FMV is based on

home market sales, the antidumping

margin must be adjusted. In the

concurrent Final Affirmative

Countervailing Duty Determination:

Certain Carbon Steel Butt-Weld Pipe

Fittings from India, we determined that

Sivanandha’s export subsidy was 3.16

percent ad valorem, which will be

subtracted from the margins for cash

deposit or bonding purposes. This

results in a deposit rate of 10.83 percent

for Sivanandha. Since Karmen only has

U.S. sales, its FMV is based on CV

which reflects export subsidies. Because

the export subsidies were reflected in

both USP and FMV, the subsidies did

not affect the margin calculations using

CV.

The Customs Service shall require a

cash deposit or the posting of a bond

equal to the estimated preliminary

dumping margins, as shown above. The

suspension of liquidation will remain in

effect until further notice.

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the ITC of our

determination.

Notice to Interested Parties

This notice also serves as the only

reminder to parties subject to

administrative protective order (APO) of

their responsibility concerning the

return or destruction of proprietary

information disclosed under APO in

accordance with 19 CFR 353.35(d).

Failure to comply is a violation of the

APO.

This determination is published

pursuant to section 735(d) of the Act (19

U.S.C. 1671(d)).

Dated: February 16, 1995.

Barbara R. Stafford,

Deputy Assistant Secretary for Investigations.

[FR Doc. 95–4723 Filed 2–24–95; 8:45 am]

BILLING CODE 3510–DS–P

(A–557–808)

Notice of Final Determination of Sales

at Less Than Fair Value: Certain

Carbon Steel Butt-Weld Pipe Fittings

From Malaysia

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas McGinty, Office of

Countervailing Investigations, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C. 20230;

telephone (202) 482–5055.

Final Determination

The Department of Commerce (the

Department) determines that certain

carbon steel butt-weld pipe fittings

(‘‘pipe fittings’’) from Malaysia are

being, or are likely to be, sold in the

United States at less than fair value, as

provided in section 735 of the Tariff Act

of 1930, as amended (the Act) (19 U.S.C.

1673d). The estimated margins are

shown in the ‘‘Suspension of

Liquidation’’ section of this notice.

Scope of Investigation

The merchandise covered by this

investigation are certain carbon steel

butt-weld pipe fittings (‘‘pipe fittings’’)

having an inside diameter of less than

fourteen inches (355 millimeters),

imported in either finished or

unfinished condition. Pipe fittings are

formed or forged steel products used to

join pipe sections in piping systems

where conditions require permanent

welded connections, as distinguished

from fittings based on other methods of

fastening (e.g., threaded, grooved, or

bolted fittings). Butt-weld fittings come

in a variety of shapes which include

‘‘elbows,’’ ‘‘tees,’’ ‘‘caps,’’ and

‘‘reducers.’’ The edges of finished pipe

fittings are beveled, so that when a

fitting is placed against the end of a pipe

(the ends of which have also been

beveled), a shallow channel is created to

accomodate the ‘‘bead’’ of the weld

which joins the fitting to the pipe. These

pipe fittings are currently classifiable

under subheading 7307.93.3000 of the

Harmonized Tariff Schedule of the

United States (‘‘HTSUS’’).

Although the HTSUS subheading is

provided for convenience and customs

purposes, our written description of the

scope of this proceeding is dispositive.

Period of Investigation

The period of investigation (POI) is

September 1, 1994, through February

28, 1994.

Case History

Since the announcement of the

preliminary determination on

September 27, 1994, the following

events have occurred.

On October 4, 1994, we published the

notice of preliminary determination in

the Federal Register (59 FR 50560). On

October 20, 1994, White & Case

submitted a notice of appearance on

behalf of the Government of Malaysia.

On November 14, 1994, we published

the postponement of final determination

in the Federal Register (59 FR 56461).

Petitioner was the only interested

party to file a case brief in this

investigation. Petitioner did so on

January 23, 1995.

Best Information Available

In accordance with section 776(c) of

the Act, we have determined that the

use of best information available (BIA)

is appropriate for Malaysia Mining

Corporation Pipe & Fitting Sdn Bhd

(MMCPNF), the Malaysian company

identified by both petitioner and the

U.S. Embassy in Malaysia (by cable to

the Department) as the primary exporter

of the subject merchandise to the U.S

during the POI. Given that MMCPNF

did not respond to the Department’s

questionnaire, we find the company has

not cooperated in this investigation.

Our BIA methodology for

uncooperative respondents is to assign

the higher of the highest margin alleged

in the petition or the highest rate

calculated for another respondent.

Accordingly, as BIA, we are assigning

the highest margin among the margins

alleged in the petition, adjusted for

methodological errors as explained in

the Department’s initiation notice. See

Final Determination of Sales at Less

Than Fair Value: Antifriction Bearings

(Other Than Tapered Roller Bearings)

and Parts Thereof From the Federal

Republic of Germany (54 FR 18992,

19033, May 3, 1989). The Department’s

methodology for assigning BIA has been

upheld by the U.S. Court of Appeals of

the Federal Circuit. (See Allied Signal

Aerospace Co. v. United States, 996

F.2d 1185 (Fed. Cir. 1993)); see also

Krupp Stahl, AG et al. v. United States,

822 F. Supp. 789 (CIT 1993)).
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Notices 10551

Critical Circumstances

Petitioner has alleged that critical

circumstances exist with respect to

imports of the subject merchandise from

Malaysia. Section 735(a)(3) of the Act

provides that the Department will

determine that critical circumstances

exist if:

(A)(i) There is a history of dumping in

the U.S. or elsewhere of the class or

kind of merchandise which is the

subject of this investigation, or

(ii) The person by whom, or for whose

account, the merchandise was imported

knew or should have known that the

exporter was selling the merchandise

which is the subject of the investigation

at less than its fair value, and

(B) There have been massive imports

of the class or kind of merchandise

which is the subject of this investigation

over a relatively short period.

Since MMCPNF did not respond to

our August 12, 1994, letter requesting

export shipment information, we

determine, as BIA, pursuant to section

776(c) of the Act, that critical

circumstances exist with respect to

imports of pipe fittings from Malaysia.

Suspension of Liquidation

In accordance with section 735(d)(1)

of the Act (19 U.S.C. 1673b(d)(1)), we

are directing the U.S. Customs Service

to continue to suspend liquidation of all

entries of pipe fittings from Malaysia, as

defined in the ‘‘Scope of Investigation’’

section of this notice, that are entered,

or withdrawn from warehouse, for

consumption on or after July 6, 1994,

(i.e., 90 days prior to the date of

publication of our preliminary

determination in the Federal Register).

The U.S. Customs Service shall require

a cash deposit or posting of a bond

equal to the estimated amount by which

the foreign market value of the subject

merchandise exceeds the United States

price as shown below. The suspension

of liquidation will remain in effect until

further notice.

Manufacturer/Producer/Exporter

Weighted

average

margin

percent

All Companies .............................. 194.70

International Trade Commission (ITC)

Notification

In accordance with section 735(d) of

the Act, we have notified the ITC of our

determination. As our final

determination is affirmative, the ITC

will determine whether imports of the

subject merchandise are materially

injuring, or threaten material injury to,

the U.S. industry within 45 days.

If the ITC determines that material

injury or threat of material injury does

not exist, the proceedings will be

terminated and all securities posted as

a result of the suspension of liquidation

will be refunded or cancelled. However,

if the ITC determines that such injury

does exist, we will issue an

antidumping duty order directing

Customs officers to assess an

antidumping duty on pipe fittings from

Malaysia entered or withdrawn from

warehouse, for consumption on or after

the date of suspension of liquidation.

Notification to Interested Parties

This notice serves as the only

reminder to parties subject to

administrative protective order (APO) in

this investigation of their responsibility

covering the return or destruction of

proprietary information disclosed under

APO in accordance with 19 CFR

353.34(d). Failure to comply is a

violation of the APO.

This determination is published

pursuant to section 735(d) of the Act (19

U.S.C. 1673d(d)) and 19 CFR

353.20(a)(4).

Dated: February 16, 1995.

Barbara R. Stafford

Acting Assistant Secretary for Import

Administration.

[FR Doc. 95–4720 Filed 2–24–95; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE.

International Trade Administration

[A–580–824]

Notice of Final Determination of Sales

at Less Than Fair Value: Certain

Carbon Steel Butt-Weld Pipe Fittings

From South Korea

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Peter Wilkniss, Office of Countervailing

Investigations, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone

(202) 482–0588.

Final Determination

The Department of Commerce (the

Department) determines that certain

carbon steel butt-weld pipe fittings

(‘‘pipe fittings’’) from South Korea are

being, or are likely to be, sold in the

United States at less than fair value, as

provided in section 735 of the Tariff Act

of 1930, as amended (the Act) (19 U.S.C.

1673d). The estimated margins are

shown in the ‘‘Suspension of

Liquidation’’ section of this notice.

Scope of Investigation

The merchandise covered by this

investigation are certain carbon steel

butt-weld pipe fittings (‘‘pipe fittings’’)

having an inside diameter of less than

fourteen inches (355 millimeters),

imported in either finished or

unfinished condition. Pipe fittings are

formed or forged steel products used to

join pipe sections in piping systems

where conditions require permanent

welded connections, as distinguished

from fittings based on other methods of

fastening (e.g., threaded, grooved, or

bolted fittings). Butt-Weld fittings come

in a variety of shapes which include

‘‘elbows,’’ ‘‘tees,’’ ‘‘caps,’’ and

‘‘reducers.’’ The edges of finished pipe

fittings are beveled, so that when a

fitting is placed against the end of a pipe

(the ends of which have also been

beveled), a shallow channel is created to

accomodate the ‘‘bead’’ of the weld

which joins the fitting to the pipe. These

pipe fittings are currently classifiable

under subheading 7307.93.3000 of the

Harmonized Tariff Schedule of the

United States (‘‘HTSUS’’).

Although the HTSUS subheading is

provided for convenience and customs

purposes, our written description of the

scope of this proceeding is dispositive.

Period of Investigation

The period of investigation (POI) is

September 1, 1994, through February

28, 1994.

Case History

Since the announcement of the

preliminary determination on

September 27, 1994, the following

events have occurred.

On October 4, 1994, we published the

notice of preliminary determination in

the Federal Register (59 FR 50560).

On October 13, 1994, pursuant to

section 353.20(b)(1) of the Department’s

regulations, the Embassy of the Republic

of Korea, on behalf of the South Korean

producers and exporters of pipe fittings,

requested that the final determination in

this case be postponed. On November

14, 1994, we published the

postponement of final determination in

the Federal Register (59 FR 56461).

Petitioner was the only interested

party to file a case brief in this

investigation. Petitioner did so on

January 23, 1995.

Best Information Available

In accordance with section 776(c) of

the Act, we have determined that the