[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3275]
[[Page Unknown]]
[Federal Register: February 11, 1994]
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DEPARTMENT OF COMMERCE
[A-583-815]
Notice of Amended Final Determination and Antidumping Duty Order:
Certain Welded Stainless Steel Pipes From Taiwan
Agency: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 11, 1994.
FOR FURTHER INFORMATION CONTACT: John Beck, Office of Antidumping Duty
Investigations, Import Administration, U.S. Department of Commerce,
14th Street and Constitution Avenue, NW., Washington, DC 20230;
telephone (202)482-3464.
Scope of Order
The merchandise subject to this 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,
7306.40.5045, 7306.40.5060, and 7306.40.5075. 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.
Amendment of Final Determination and Antidumping Duty Order
On November 4, 1992, the Department of Commerce made its final
determination that certain welded stainless steel pipes from Taiwan
were being sold at less than fair value (57 FR 53705, November 12,
1992).
In the final determination, one of the producers, Chang Tieh
Industry Co., Ltd. (CTI), had a final antidumping duty margin of zero.
The Department would normally exclude from the application of an
antidumping duty order a producer with a zero margin. In this instance,
however, petitioners submitted evidence indicating that CTI's sales
were contrived for purposes of the Department's investigation.
Specifically, petitioners submitted statements by several affiants who
asserted that they were told by officials of CTI's U.S. customer that
CTI sold small quantities of WSSP during the period of investigation
(POI) at artificially high prices with the intention of making sales at
less than fair value (LTFV) after being excluded from the order. In
view of the small volume of CTI's sales, and the fact that CTI did not
sell the subject merchandise in the U.S. market prior to the POI,
petitioners' evidence raised significant concerns about potential
evasion, by CTI, of the antidumping duty order.
To address these concerns, the Department required CTI to provide,
as a condition for its exclusion from the application of the order, a
certification similar to those required under Secs. 353.14 and
353.25(b) of the Department's regulations. The certification
constituted an affirmation by CTI that it had not dumped goods in the
past and would not dump goods in the future. Chang Tieh had to certify
that it: (1) Did not sell subject merchandise to the United States at
less than its foreign market value during the POI; (2) did not intend
to sell the subject merchandise to the United States at less than its
foreign market value in the future; and (3) agreed to application of
the order to its imports of the subject merchandise, if the Department
determined, at any time during the existence of the order, that CTI had
sold or was likely to sell subject merchandise to the United States at
less than its foreign market value.
On December 22, 1992, the Department of Commerce amended its final
determination to reflect the fact that it had received CTI's
certifications and issued an antidumping duty order (57 FR 62300,
December 30, 1992). This order excluded CTI from the application of the
antidumping duty order, provided that CTI acted consistently with its
certifications.
On December 9, 1993, the Court of International Trade decided in
the case of Avesta Sheffield Inc., et al. (Avesta) v. United States,
Slip Op. 93-232 (December 9, 1993) that the Department could not
justify conditioning CTI's exclusion on submission of the
certification. This issue was remanded to the Department with
instructions to exclude CTI unconditionally from the antidumping duty
order. The Court expressly stated that the issue of whether Commerce
could initiate a changed circumstances review if Chang Tieh is later
alleged to be dumping was not before the Court and was, therefore, not
addressed.
Accordingly, we are amending the final determination and order to
eliminate any reference to the certification requirement. Because the
Department has already directed Customs officers to exclude CTI from
the antidumping duty order, no further Customs instructions are
necessary. However, if the Department has reasonable cause to believe
or suspect at any time that CTI has sold or is likely to sell the
subject merchandise to the United States at less than its foreign
market value, then the Department may institute an administrative
review of CTI under section 751(b) of the Tariff Act of 1930, as
amended.
This notice constitutes the amended final determination and
antidumping duty order with respect to welded stainless steel pipe from
Taiwan. 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 7, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-3275 Filed 2-10-94; 8:45 am]
BILLING CODE 3510-DS-P
