[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Notices]
[Pages 17774-17775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8629]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-809]
Notice of Amended Final Determination of Sales at Less Than Fair
Value: Certain Carbon Steel Butt-Weld Pipe Fittings From Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 7, 1995.
FOR FURTHER INFORMATION CONTACT:
Vincent Kane or Julie Anne Osgood, Office of Countervailing
Investigations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-2815
or 482-0167, respectively.
Amended Final Determination
We are amending the final determination of sales at less than fair
value of certain carbon steel butt-weld pipe fittings (pipe fittings)
from Thailand to reflect the correction of ministerial errors made in
the margin calculation in the final determination.
Case History
In accordance with section 735(a) of the Tariff Act of 1930, as
amended (19 U.S.C. 1673d(a)) (the Act), on February 27, 1995, the
Department of Commerce (the Department) published its final
determination that pipe fittings from Thailand were being sold at less
than fair value (60 FR 10552). On March 13, 1995, respondent, Awaji
Sangyo (Thailand) Co., Ltd. (AST), alleged that the Department made
several clerical errors in its final determination regarding the margin
calculations and requested that the Department correct these errors.
Scope of the Investigation
The products covered by this investigation are certain carbon steel
butt-weld pipe fittings having an inside diameter of less than fourteen
inches (355 millimeters), imported in either finished or unfinished
condition. Pipe fittings are formed of 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 accommodate 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 investigation is dispositive.
Amended Final Determination
On March 13, 1995, respondent alleged that the Department had made
three ministerial errors in the final calculations performed to
determine the dumping margin for AST in accordance with section 353.28
of the Department's regulations. Each alleged error is discussed below.
Comment 1
Upon exportation of finished pipe fitting, AST received drawback of
import duties on imported pipe used to produce the pipe fittings. AST
alleges that the Department incorrectly added the drawback amount to
the foreign market value (FMV), rather than to the United States price
(USP).
DOC Position
We agree with respondent. Section 772(d)(1)(B) of the Act provides
that the U.S. price shall be increased by the amount of any import
duties imposed in the country of exportation which have been rebated,
or not collected, by reason of exportation of the merchandise to the
United States. In the final determination, we inadvertently added
drawback to FMV rather than to USP. We have recalculated FMV and USP to
correct this error.
Comment 2
AST alleges that in allocating indirect selling expenses to the
home market, the Department used an incorrect value for home market
shipments during the period of investigation (POI).
DOC Position
We agree with respondent. We have now reallocated home market
selling expenses using the correct value.
Comment 3
AST alleges the Department erroneously included a quantity of
seamless pipe in its calculation of total welded pipe consumed. AST
contends that this quantity of seamless pipe should be excluded from
the Department's welded pipe consumption calculation.
DOC Position
We agree with AST that the Department erroneously included some
seamless pipe quantities in its calculation of per unit welded pipe
consumed. We intended to include only welded pipe in our welded pipe
consumption calculation. Thus, we have recomputed per unit welded pipe
consumed based solely on AST's welded pipe consumption.
Accordingly, pursuant to section 735(e) of the Act, we have
corrected the ministerial errors in the final determination of sales at
less than fair value. The final estimated margin [[Page 17775]] changes
from 38.41 percent to 17.13 percent.
Suspension of Liquidation
In accordance with section 733(d)(1) of the Act, we are directing
the U.S. Customs Service to continue to suspend liquidation of all
entries of butt-weld pipe fittings from Thailand, as defined in the
``Scope of Investigation'' section of this notice, that are produced
and sold by AST and that are entered, or withdrawn from warehouse, for
consumption on or after October 4, 1994.
The Customs Service shall require a cash deposit or the posting of
a bond equal to the estimated weighted-average amount by which the
foreign market value of AST's subject merchandise exceeds the United
States price as shown below. The suspension of liquidation will remain
in effect until further notice. The amended weighted-average dumping
margin is as follows:
------------------------------------------------------------------------
Margin Deposit
Manufacturer/producer/exporter percent percent
------------------------------------------------------------------------
Awaji Sangyo (Thailand) Co., Ltd...................... 17.13 16.39
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We did not determine an ``all others'' rate in this investigation,
because all other producers and exporters of butt-weld pipe fittings
from Thailand are already subject to an antidumping duty order on this
merchandise, which was published in the Federal Register on July 6,
1992 (57 FR 29702).
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. Because 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, the level of export subsidies as determined in the
most recent administrative review of the countervailing duty order,
Carbon Steel Butt-Weld Pipe Fittings From Thailand; Final Results of
Countervailing Duty Administrative Review, (57 FR 5248, February 13,
1992), which was 0.74 percent, will be subtracted from the margin for
cash deposit or bonding purposes. This results in a deposit rate of
16.39 percent for AST.
This amended final determination is published in accordance with
section 735(e) of the Act and 19 CFR 353.21.
Dated: March 29, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-8629 Filed 4-6-95; 8:45 am]
BILLING CODE 3510-WS-M
