[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Notices]
[Pages 4959-4961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2912]
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DEPARTMENT OF COMMERCE
[C-549-804]
Carbon Steel Butt-Weld Pipe Fittings From Thailand; Final Results
of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 4960]]
ACTION: Notice of Final Results of Countervailing Duty Administrative
Review.
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SUMMARY: On November 22, 1995, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
of administrative review of the countervailing duty order on carbon
steel butt-weld pipe fittings from Thailand. The review covers the
period January 1, 1992 through December 31, 1992. We have completed
this review and determine the net subsidy to be de minimis. The
Department will instruct the U.S. Customs Service to liquidate, without
regard to countervailing duties, all shipments of the subject
merchandise from Thailand exported on or after January 1, 1992, and on
or before December 31, 1992.
EFFECTIVE DATE: February 9, 1996.
FOR FURTHER INFORMATION CONTACT: Brian Albright or Cameron Cardozo,
Office of Countervailing Compliance, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, D.C. 20230;
telephone: (202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On November 22, 1995, the Department published in the Federal
Register (60 FR 57849) the preliminary results of its administrative
review of the countervailing duty order on carbon steel butt-weld pipe
fittings from Thailand. The Department has now completed this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act). We invited interested parties to comment
on the preliminary results. We received no comments. The review covers
the period January 1, 1992 through December 31, 1992. The review
involves two companies, Awaji Sangyo (Thailand) Co. (AST), and TTU
Industrial Corp. (TTU), which account for virtually all exports of the
subject merchandise from Thailand, and fifteen programs.
Applicable Statute and Regulations
The Department is conducting this administrative review in
accordance with section 751(a) of the Act. Unless otherwise indicated,
all citations to the statute and to the Department's regulations are in
reference to the provisions as they existed on December 31, 1994.
Scope of the Review
The merchandise subject to this review (hereinafter subject
merchandise) is certain carbon steel butt-weld pipe fittings, having an
inside diameter of less than 360 millimeters (fourteen inches),
imported in either finished or unfinished form. These formed or forged
pipe fittings are used to join sections in piping systems where
conditions require permanent, welded connections, as distinguished from
fittings based on other fastening methods (e.g., threaded, grooved, or
bolted fittings), as currently classifiable under the Harmonized Tariff
Schedule (HTS). The products covered in this review are provided for
under item number 7307.93.30 of the HTS. The HTS subheadings are
provided for convenience and Customs purposes; our written description
of the scope of this proceeding is dispositive.
Calculation Methodology for Assessment and Cash Deposit Purposes
We calculated the net subsidy on a country-wide basis by first
calculating the subsidy rate for each company subject to the
administrative review. We then weight-averaged the rate received by
each company using as the weight its share of total Thai exports to the
United States of subject merchandise, including all companies, even
those with de minimis and zero rates. We then summed the individual
companies' weight-averaged rates to determine the subsidy rate from all
programs benefitting exports of subject merchandise to the United
States.
Since the country-wide rate calculated using this methodology was
de minimis, as defined by 19 CFR Sec. 355.7(1994), no further
calculations were necessary.
Analysis of Programs
Based upon our analysis of the questionnaire response and
verification we determine the following:
I. Programs Conferring Subsidies
Tax Exemptions Under Section 31 of the 1977 Investment Promotions Act
(IPA)
In the preliminary results, we found that this program conferred
countervailable benefits on the subject merchandise. Since we received
no comments on our preliminary results, our findings remain unchanged
in these final results.
II. Programs Not Conferring Subsidies
Duty Drawback
In the preliminary results, we found that this program did not
confer countervailable benefits on the subject merchandise. Since we
received no comments on our preliminary results, our findings remain
unchanged in these final results.
III. Programs Found Not to be Used
In the preliminary results, we found that neither AST nor TTU
applied for or received benefits under the following programs during
the period of review (POR):
A. Tax Certificates for Exporters
B. Export Packing Credits
C. Tax and Duty Exemptions Under Section 28 of the (IPA)
D. Electricity Discounts for Exporters
E. Rediscount of Industrial Bills
F. International Trade Promotion Fund
G. Export Processing Zones
H. Reduced Business Taxes for Producers of Intermediate Goods for
Export Industries
I. Additional Incentives under the IPA
1. Goodwill and Royalties Tax Exemption
2. Tax Deduction of Foreign Marketing Expenses and Foreign Taxes
3. Exemption of Sales Taxes for Promoted Industries
4. Exemption on Export Duties and Business Taxes on Products
Produced or Assembled by Promoted Firms
5. Deduction from Assessable Income of an Amount Equal to 5% of the
Increase over the Previous Year of Income Derived from Exports
Since we received no comments on our preliminary results, our
findings remain unchanged in these final results.
Final Results of Review
For the period January 1, 1992 through December 31, 1992, we
determine the net subsidy to be 0.22 percent ad valorem for all
companies. In accordance with 19 CFR 355.7, any rate less than 0.5
percent ad valorem is de minimis.
The Department will instruct the Customs Service to liquidate,
without regard to countervailing duties, all shipments of the subject
merchandise from Thailand exported on or after January 1, 1992, and on
or before December 31, 1992.
This countervailing duty order was determined to be subject to
section 753 of the Act (as amended by the Uruguay Round Agreements Act
of 1994). Countervailing Duty Order; Opportunity to Request a Section
753 Injury Investigation, 60 FR 27,963 (May 26, 1995). Because no
domestic interested parties exercised their right under section 753(a)
of the Act to request an injury investigation, the International
[[Page 4961]]
Trade Commission made a negative injury determination with respect to
this order, pursuant to section 753(b)(4) of the Act. As a result, the
Department revoked this countervailing duty order, effective January 1,
1995, pursuant to section 753(b)(3)(B) of the Act. Revocation of
Countervailing Duty Orders, 60 FR 40,568 (August 9, 1995). Accordingly,
this notice assesses duties for the period of review and does not issue
further cash deposit instructions.
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 C.F.R. 355.34(d). Timely written notification
of return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
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 355.22.
Dated: January 31, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration
[FR Doc. 96-2912 Filed 2-8-96; 8:45 am]
BILLING CODE 3510-DS-P