[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Notices]
[Pages 66120-66121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31982]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-502]
Certain Welded Carbon Steel Pipes and Tubes From India; Amended
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
United States Department of Commerce.
ACTION: Notice of amended final results of antidumping duty
administrative review.
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SUMMARY: On July 22, 1998, the Department of Commerce published in the
Federal Register (63 FR 39269) the amended final results of
administrative review of the antidumping duty order on certain welded
carbon steel pipes and tubes from India. The period of review is May 1,
1996 through April 30, 1997. Subsequent to the publication of the
amended final results, we received a comment from the respondent
alleging a ministerial error. After analyzing the comment submitted, we
are amending our amended final results to correct the ministerial
error. Based on the correction of the ministerial error, we have
changed the margin for Rajinder Pipes Ltd. and Rajinder Steel, Ltd.
EFFECTIVE DATE: December 1, 1998.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Robin Gray, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230;
telephone: (202) 482-3477 or 482-4023, respectively.
Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the
Tariff Act by the Uruguay Round Agreements Act. In addition, unless
otherwise indicated, all citations to the Department of Commerce's (the
Department's) regulations are to 19 CFR Part 353 (April 1997).
SUPPLEMENTARY INFORMATION:
Background
On July 22, 1998, the Department published in the Federal Register
(63 FR 39269) the amended final results of administrative review of the
antidumping duty order on certain welded carbon steel pipes and tubes
from India covering the period May 1, 1996 through April 30, 1997.
After publication of the amended final results, we received a timely
allegation from Rajinder Pipes Ltd. and Rajinder Steel, Ltd.
(collectively called ``RSL'') that we had made a ministerial error.
However, because RSL had filed a summons and complaint with the Court
of International Trade (CIT), we did not issue amended final results of
review reflecting the correction of the clerical error. In accordance
with Zenith Elec. Corp. v. United States, 699 F. Supp. 296
[[Page 66121]]
(CIT 1988), Aff'd 884 F.2d 556 (Fed Cir. 1989), the Department may not
amend an administrative result while it is under the CIT's exclusive
jurisdiction unless it has leave of the CIT.
On November 2, 1998, pursuant to the order issued in Rajinder Pipes
Ltd. v. United States, Court No. 98-07-02504, the CIT granted the
Department leave to correct the clerical error in the calculation of
RSL's weighted-average margin. Therefore, we are correcting the
calculation, in accordance with section 751(h) of the Act.
Clerical-Error Allegation
RSL alleges that, while making corrections to the final results,
the Department caused another clerical error to occur inadvertently.
Specifically, RSL asserts that, after the Department corrected the
clerical error regarding the home market credit-expense adjustment for
direct sales, it did not deduct the excise duty when making comparisons
to U.S. price.
We agree with RSL and have made the appropriate change in the
margin program so that we have deducted excise duty from home market
price before making a comparison to U.S. price. This was an inadvertent
error in our computer programming.
Amended Final Results of Review
As a result of the amended margin calculations, the following
weighted-average percentage margin exists for the period May 1, 1996,
through April 30, 1997:
------------------------------------------------------------------------
Percentage
Manufacturer/exporter margin
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RSL........................................................ 14.05
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The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. We have
calculated, wherever possible, an exporter/importer-specific assessment
rate for RSL's sales to the United States. We will also direct the
Customs Service to collect cash deposits of estimated antidumping
duties on all appropriate entries in accordance with the procedures
discussed in the final results of review (63 FR 32825, 32833) and as
amended by this notice. The amended deposit requirements are effective
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice and shall remain in effect until publication of the final
results of the next administrative review.
This notice also serves as a final 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 could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
We are issuing and publishing this determination in accordance with
sections 751(h) and 777(i) of the Act and 19 CFR 353.28(c).
Dated: November 18, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-31982 Filed 11-30-98; 8:45 am]
BILLING CODE 3510-DS-P
