10064 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices

These deposit requirements, when

imposed, shall remain in effect until

publication of the final results of the

next administrative review.

This notice serves as a preliminary

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

will result in the Secretary’s

presumption that reimbursement of

antidumping duties occurred and the

subsequent assessment of double

antidumping duties.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Act (19 U.S.C. 1675(a)(1)) and 19

CFR 353.22.

Dated: February 15, 1995.

Paul L. Joffe,

Deputy Assistant Secretary for Import

Administration.

[FR Doc. 95–4456 Filed 2–22–95; 8:45 am]

BILLING CODE 3510–DS–P

[A–583–815]

Notice of Amended Final

Determination and Antidumping Duty

Order: Certain Welded Stainless Steel

Pipe From the Republic of Korea

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: February 23, 1995.

FOR FURTHER INFORMATION CONTACT: John

Beck, Office of Antidumping Duty

Investigations, Import Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone

(202) 482–3464.

Scope of Order

The merchandise subject to this

amended final determination and

antidumping duty order is welded

austenitic stainless steel pipe (WSSP)

that meets the standards and

specifications set forth by the American

Society for Testing and Materials

(ASTM) for the welded form of

chromium-nickel pipe designated

ASTM A–312. The merchandise covered

by the scope of the investigation also

includes austenitic welded stainless

steel pipes made according to the

standards of other nations which are

comparable to ASTM A–312.

WSSP is produced by forming

stainless steel flat-rolled products into a

tubular configuration and welding along

the seam. WSSP is a commodity product

generally used as a conduit to transmit

liquids or gases. Major applications for

WSSP include, but are not limited to,

digester lines, blow lines,

pharmaceutical lines, petrochemical

stock lines, brewery process and

transport lines, general food processing

lines, automotive paint lines and paper

process machines.

Imports of WSSP are currently

classifiable under the following HTSUS

subheadings: 7306.40.1000,

7306.40.5005, 7306.40.5015,

7306.40.5040, 7306.40.5065, and

7306.40.5085. Although these

subheadings include both pipes and

tubes, the scope of this investigation is

limited to welded austenitic stainless

steel pipes. Although the HTSUS

subheadings are provided for

convenience and customs purposes, our

written description of the scope of this

investigation is dispositive.

Background

On November 4, 1992, the Department

of Commerce made its final

determination that certain WSSP from

the Republic of Korea (Korea) were

being sold at less than fair value (57 FR

53693, November 12, 1992).

On October 7, 1993, the CIT, in

Federal-Mogul Corp. and the Torrington

Co. v. United States, 834 F. Supp. 1391

(CIT 1993) (Federal-Mogul), rejected the

Department’s methodology for

calculating an addition to United States

price (USP) under section 772(d)(1)(C)

of the Tariff Act of 1930, as amended

(the Act), to account for taxes that the

exporting country would have assessed

on the merchandise had it been sold in

the home market. The CIT held that the

addition to USP under section

772(d)(1)(C) of the Act should be the

result of applying the foreign market tax

rate to the price of the United States

merchandise at the same point in the

chain of commerce that the foreign

market tax was applied to foreign

market sales. Federal-Mogul, 834 F.

Supp. at 1397.

On November 18, 1993, the CIT, in

Avesta Sheffield, Inc., et al. v. United

States, Slip Op. 93–217, Court No. 93–

01–00062 remanded the final

determination of WSSP from Korea to

the Department for recalculation. In

Avesta, the CIT remanded the

Department’s final determination to

recalculate foreign market value (FMV)

with no circumstance of sale adjustment

for value added tax and to reconsider

the Department’s VAT U.S. price

methodology for Sammi Metal Products

Co., Ltd. and Pusan Steel Pipe Co., Ltd.

(Slip Op. 93–217 at 17).

Final Remand Results

In accordance with the Avesta and

Federal-Mogul decisions, we conformed

our tax methodology to the instructions

of the CIT, and adjusted U.S. price for

tax by multiplying the Korean tax rate

by the price of the U.S. merchandise at

the point in the U.S. chain of commerce

that is analogous to the point in the

Korean chain of commerce at which the

Korean government applies the

consumption tax.

In this investigation, the tax levied on

the subject merchandise in Korea is 10

percent. We calculated the appropriate

tax adjustment to be 10 percent of the

price of the U.S. merchandise reflected

on the invoice at the time of sale

(which, in this case, is the point in the

U.S. chain of commerce that is

analogous to the point in the Korean

market chain of commerce at which the

Korean government applies the

consumption tax). We then added this

amount to the U.S. price. We also

calculated the amount of the tax

adjustment that was due solely to the

inclusion of expenses in the original tax

base that are later deducted from the

price to calculate USP (i.e., 10 percent

of the sum of any adjustments, expenses

and charges that were deducted from

the price of the U.S. merchandise). We

reduced this tax adjustment to take into

account the adjustment to U.S. price for

duty drawback (i.e., 10 percent of the

duty drawback amount that was

excluded from the tax base). We

deducted this amount after all other

additions and deductions had been

made. By making this additional tax

adjustment, we avoid a distortion that

would cause the creation of a dumping

margin even when pre-tax dumping is

zero.

We included in FMV the amount of

the consumption tax collected in the

Korean home market. We also

calculated the amount of the tax that

was due solely to the inclusion of

expenses in the original tax base that are

later deducted from home market price

to calculate FMV (i.e., 10 percent of the

sum of any adjustments, expenses,

charges, and offsets that were deducted

from the home market price). We

deducted this amount after all other

additions and deductions were made.

By making this additional tax

adjustment, we avoid a distortion that

would cause the creation of a dumping

margin even when pre-tax dumping is

zero. In addition, we calculated a readjustment of the amount of tax to take

into account the amount of packing

expenses added to FMV (i.e., 10 percent

of the packing expenses).
Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices 10065

Final Results of Redetermination

On June 14, 1994, the CIT affirmed

our redetermination (Slip Op. 94–99). In

accordance with that affirmation, we are

amending the final determination of

sales at less than fair value and

antidumping duty order. In accordance

with section 736 of the Act, the

Department will direct Customs to

require, on entries of WSSP from Korea

entered, or withdrawn, from warehouse

for consumption on or after the date of

this notice, at the same time as

importers would normally deposit

estimated duties, the following cash

deposits:

Manufacturer/producer/exporter

Margin

percentage

Pusan Steel Pipe Co., Ltd. ............... 2.67

Sammi Metal Products Co., Ltd. ...... 7.92

All Others .......................................... 7.00

If entries of WSSP from Korea entered

on or after June 25, 1994, the effective

date of the CIT’s decision, are liquidated

without review pursuant to 19 CFR

353.22(e), the Department will direct

Customs to liquidate such entries in

accordance with these rates.

This notice constitutes the amended

final determination and antidumping

duty order with respect to welded

stainless steel pipe from the Republic of

Korea. Interested parties may contact

the Central Records Unit, Room B–099

of the Main Commerce Building, for

copies of an updated list of antidumping

duty orders currently in effect.

This amended final determination

and order is published in accordance

with sections 735(a) and 736(a) of the

Act and 19 CFR 353.20(a)(4) and 353.21.

Dated: February 16, 1995.

Barbara R. Stafford,

Deputy Assistant Secretary for Import

Administration.

[FR Doc. 95–4457 Filed 2–22–95; 8:45 am]

BILLING CODE 3510–DS–P

[A–570–840]

Notice of Postponement of Preliminary

Antidumping Duty Determination:

Manganese Metal From the People’s

Republic of China

AGENCY: Import Administration,

International Trade Administration,

Commerce.

EFFECTIVE DATE: February 23, 1955.

FOR FURTHER INFORMATION CONTACT:

Cameron Werker (202–482–3874), Office

of Antidumping Investigations, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue NW, Washington, D.C. 20230.

POSTPONEMENT OF PRELIMINARY

DETERMINATION:

On November 28, 1994, the

Department of Commerce (‘‘the

Department’’) initiated the antidumping

duty investigation of manganese metal

from the People’s Republic of China

(PRC) (59 FR 61869, December 2, 1994).

The notice of initiation incorrectly

reported the date of the preliminary

determination as April 27, 1995. The

correct date is April 17, 1995.

On December 27, 1994, the U.S.

International Trade Commission

determined that there is a reasonable

indication that a U.S. domestic industry

is threatened with material injury by

reason of imports of manganese metal

from the PRC (60 FR 146–147, January

3, 1995).

Information available to the

Department indicates that there may be

many producers/exporters of the subject

merchandise. Further, although

requested, the PRC government has not

yet identified those PRC exporters that

sold manganese metal to the United

States during the period of

investigation. The Department is still

attempting to identify these PRC

companies. This process of identifying

all PRC producers/exporters of the

subject merchandise during the POI

requires that we determine that this

investigation is extraordinarily

complicated and that additional time is

necessary to make the preliminary

determination. Furthermore, the

respondent parties in this investigation

have thus far cooperated with the

requests of the Department. Therefore,

pursuant to section 733(c)(1)(B) of the

Tariff Act of 1930, as amended (the Act),

we are postponing our preliminary

determination in this investigation until

no later than June 6, 1995.

This notice is published pursuant to

section 733(c)(2) of the Act, as amended,

and 19 CFR 353.15(d).

Dated: February 15, 1995.

Barbara R. Stafford

Deputy Assistant Secretary for Investigations.

[FR Doc. 95–4458 Filed 2–22–95; 8:45 am]

BILLING CODE 3510–DS–P

North American Free-Trade Agreement

(NAFTA), Article 1904 Binational Panel

Reviews; Request for Panel Review

AGENCY: NAFTA Secretariat, United

States Section, International Trade

Administration, Department of

Commerce.

ACTION: Notice of first request for panel

review.

SUMMARY: On February 8, 1995 Cinsa,

S.A. de C.V. filed a First Request for

Panel Review with the U.S. Section of

the NAFTA Secretariat pursuant to

Article 1904 of the North American Free

Trade Agreement. Panel review was

requested of the final antidumping

determination review made by the

International Trade Administration in

the administrative review respecting

Porcelain-on-Steel Cookware from

Mexico. This determination was

published in the Federal Register on

January 9, 1995 (60 FR 2378) and

Amended on February 8, 1995 (60 FR

7521). The NAFTA Secretariat has

assigned Case Number USA–95–1904–

01 to this request.

FOR FURTHER INFORMATION CONTACT:

James R. Holbein, United States

Secretary, NAFTA Secretariat, Suite

2061, 14th and Constitution Avenue,

Washington, DC 20230, (202) 482–5438.

SUPPLEMENTARY INFORMATION: Chapter

19 of the North American Free-Trade

Agreement (‘‘Agreement’’) establishes a

mechanism to replace domestic judicial

review of final determinations in

antidumping and countervailing duty

cases involving imports from a NAFTA

country with review by independent

binational panels. When a Request for

Panel Review is filed, a panel is

established to act in place of national

courts to review expeditiously the final

determination to determine whether it

conforms with the antidumping or

countervailing duty law of the country

that made the determination.

Under Article 1904 of the Agreement,

which came into force on January 1,

1994, the Government of the United

States, the Government of Canada and

the Government of Mexico established

Rules of Procedure for Article 1904

Binational Panel Reviews (‘‘Rules’’).

These Rules were published in the

Federal Register on February 23, 1994

(59 FR 8686).

A first Request for Panel Review was

filed with the U.S. Section of the

NAFTA Secretariat, pursuant to Article

1904 of the Agreement, on February 8,

1995, requesting panel review of the

final antidumping duty administrative

review described above.

The Rules provide that:

(a) a Party or interested person may

challenge the final determination in

whole or in part by filing a Complaint

in accordance with Rule 39 within 30

days after the filing of the first Request

for Panel Review (the deadline for filing

a Complaint is March 10, 1995);

(b) a Party, investigating authority or

interested person that does not file a

Complaint but that intends to appear in

support of any reviewable portion of the