[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Notices]
[Pages 29533-29534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14746]
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DEPARTMENT OF COMMERCE
[A-549-502]
Certain Circular Welded Carbon Steel Pipes and Tubes From
Thailand: Amended Final Results of Antidumping Duty Administrative
Review in Accordance With Decision on Remand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Amended final results of antidumping duty administrative review
in accordance with decision on remand.
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SUMMARY: On August 26, 1992, the Department of Commerce (``the
Department'') published in the Federal Register the final results of
the second administrative review of the antidumping duty order on
certain circular welded carbon steel pipes and tubes from Thailand. The
review covered the period March 1, 1988 through February 28, 1989.
On February 14, 1995, the Court of International Trade (``CIT'')
issued an order, in the case of Saha Thai Steel Pipe Co., Ltd. v.
United States, Slip Op. 95-21 (CIT 1995), remanding to the Department
the final results of the second administrative review of Saha Thai
Steel Pipe Co., Ltd. (``Saha Thai''). The Department issued its remand
results on May 3, 1995, and its final calculations on June 21, 1995. On
August 2, 1995, the CIT affirmed the Department's redetermination (Slip
Op. 95-139). Since the CIT's ruling was not appealed, and the CIT
decision affirming our redetermination has become final and conclusive
within the meaning of section 516A(e) of the Tariff Act of 1930, as
amended (``the Act''), we are amending our final results of the second
administrative review of the antidumping duty order on certain circular
welded carbon steel pipes and tubes from Thailand with respect to Saha
Thai.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Alain Letort or Linda Ludwig, Office
of Agreements 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-
3793 or telefax (202) 482-1388.
SUPPLEMENTARY INFORMATION:
Scope of the Review
Imports covered by the review are shipments of certain circular
welded carbon steel pipes and tubes with an outside diameter of 0.375
inch or more, but not exceeding 16 inches. These products, which are
commonly referred to in the industry as ``standard pipe'' or
``structural tubing,'' are hereinafter designated as ``pipe and tube.''
Pipe and tube is currently classifiable under item numbers
7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055,
7306.30.5085, and 7306.30.5090 of the Harmonized Tariff Schedule
(``HTS''). These item numbers are provided for convenience and customs
purposes only. The written product description remains dispositive.
This review covers shipments made by Saha Thai Steel Pipe Co., Ltd.
(``Saha Thai'') from Thailand to the United States during the period
March 1, 1988 through February 28, 1989.
Background
On August 26, 1992, the Department of Commerce (``the Department'')
published in the Federal Register the final results of the second
administrative review of the antidumping duty order on certain circular
welded carbon steel pipes and tubes from Thailand (57 FR 38668)
(``Final Results''). The review covered shipments of this merchandise
from Thailand to the United States during the period March 1, 1988,
through February 28, 1989, by Saha Thai.
On February 14, 1995, the Court of International Trade (``CIT'')
issued an order, in the case of Saha Thai Steel Pipe Co., Ltd. v.
United States, Slip Op. 95-21 (CIT 1995), remanding to the Department
the final results of the second antidumping duty administrative review
of Saha Thai. The CIT ordered the Department ``to clearly set forth the
criteria used in its Final Results and to provide a reasonable
explanation for any departure from established criteria if necessary,
the facts used, and the conclusions reached in light of those criteria
and facts.'' The Department having done so as reported in its remand
results dated May 31, 1995, and final calculations dated June 21, 1995
(together referred to as the ``remand results''), the CIT, on August 2,
1995, affirmed the remand results (Slip Op. 95-139).
Amended Final Results of the Review
As a result of our recalculations, we have determined that a
weighted-average dumping margin of 0.46 percent ad valorem exists for
certain circular welded carbon steel pipes and tubes sold by Saha Thai
during the period beginning on March 1, 1988 and ending on February 28,
1989. The dumping margin is de minimis.
Because the CIT's ruling affirming our redetermination has become
final and conclusive, within the meaning of section 516A(e) of the Act,
the Department will instruct the U.S. Customs Service immediately to
lift the suspension of liquidation and also to assess antidumping
duties on entries subject to this review, as appropriate. The
Department will issue appraisement instructions directly to the U.S.
Customs Service.
This notice 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 double antidumping duties.
This notice also 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 section 353.34(d) of the Department's
regulations. Timely 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.
[[Page 29534]]
This amendment of final results of review and notice are in
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended
[19 U.S.C. 1675(a)(1)] and section 353.22 of the Department's
regulations (19 CFR 353.22).
Dated: June 4, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-14746 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-19-P
