[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Notices]
[Page 27013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12793]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Notice of Amended Final Results of Antidumping Duty
Administrative Review: Certain Welded Carbon Steel Pipe and Tube From
Turkey
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 16, 1997.
FOR FURTHER INFORMATION CONTACT: Gabriel Adler at (202) 482-1442 or
Kris Campbell at (202) 482-3813, Office of Antidumping/Countervailing
Duty Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
Amended Final Results
On December 31, 1996, the Department of Commerce (the Department)
published the final results of its administrative review of the
antidumping duty order on certain welded carbon steel pipe and tube
(pipe and tube) from Turkey, for the period of review (POR) May 1,
1994, through April 30, 1995 (61 FR 69067). On April 7, 1997, the
Department published a notice of amended final results of
administrative review, correcting several clerical errors in the
calculation of the antidumping margin for the Borusan Group (Borusan)
(62 FR 16547). On April 11, 1997, Borusan filed a timely allegation,
pursuant to 19 CFR 353.28, that a ministerial error had been made in
the calculation of the amended final results. Specifically, Borusan
alleged that, in amending its final results to correct certain cost
data, the Department failed to re-run the portion of the computer
program that contained the cost test, and instead relied on a database
of above-cost sales that did not incorporate the corrections to the
cost data.
We have determined that the April 7, 1997, amended final results of
review contain the ministerial error alleged by Borusan. Therefore, in
accordance with section 751(h) of the Act and 19 CFR 353.28(c), we are
further amending the final results of administrative review of steel
pipe and tube from Turkey for the period May 1, 1994, through April 30,
1995, to correct this ministerial error.
Scope of the Review
Imports covered by this review are shipments of certain welded
carbon steel pipe and tube products with an outside diameter of 0.375
inch or more but not over 16 inches, of any wall thickness. These
products are currently classifiable under the following Harmonized
Tariff Schedule of the United States (HTSUS) subheadings:
7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40,
7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. These products,
commonly referred to in the industry as standard pipe and tube, are
produced to various American Society for Testing and Materials (ASTM)
specifications, most notably A-120, A-53 or A-135.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of this
proceeding is dispositive.
Amended Final Results of Review
Upon correction of the above-cited ministerial error, we have
determined that the following margins exist for the period indicated:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Time period percent
------------------------------------------------------------------------
Borusan Group.............................. 5/1/94-4/30/95 2.57
------------------------------------------------------------------------
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Individual
differences between United States price and normal value may vary from
the percentages stated above. The Department will issue appraisement
instructions directly to the Customs Service.
We will 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 the review (61 FR
69067) and as amended by this determination. 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 reminds 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 double antidumping duties.
This notice also reminds parties subject to administrative
protective order (APO) of their responsibility concerning the return or
destruction of proprietary information disclosed under APO in
accordance with 19 CFR 353.34(d). Failure to comply is a violation of
the APO.
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 353.28.
Dated: May 9, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-12793 Filed 5-15-97; 8:45 am]
BILLING CODE 3510-DS-P
