[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Notices]
[Pages 33791-33792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16049]
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DEPARTMENT OF COMMERCE
[C-549-501]
Certain Circular Welded Carbon Steel Pipes and Tubes from
Thailand: Final Results of Countervailing Duty Administrative Review
June 21, 1995.
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of countervailing duty administrative
review.
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SUMMARY: On March 28, 1995, the Department of Commerce (the Department)
published the preliminary results of its administrative review of the
countervailing duty order on certain circular welded carbon steel pipes
and tubes from Thailand (60 FR 15901). We have now completed this
review and determine the total net subsidy rate to be 0.73 percent ad
valorem for all
[[Page 33792]]
companies for the period January 1, 1992 through December 31, 1992. We
will instruct the U.S. Customs Service to assess countervailing duties
as indicated above.
EFFECTIVE DATE: June 29, 1995.
FOR FURTHER INFORMATION CONTACT: Penelope Naas or Carole Showers,
Office of Countervailing Investigations, Import Administration, U.S.
Department of Commerce, Room B099, 14th Street and Constitution Avenue,
N.W., Washington, DC 20230; telephone (202) 482-3534 and 482-3217,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 1995, the Department published in the Federal Register
(60 FR 15901) the preliminary results of its administrative review of
the countervailing duty order on certain circular welded carbon steel
pipes and tubes from Thailand (50 FR 32751; August 14, 1985). The
Department is conducting this administrative review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (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.
We invited interested parties to comment on the preliminary
results. On April 27, 1995, a case brief was submitted by the domestic
interested parties. On May 4, 1995, a rebuttal brief was submitted by
the Royal Thai Government. The review period is January 1, 1992 through
December 31, 1992. This review involves one company, Saha Thai Pipe and
Tube, and the following programs:
1. Export Packing Credits
2. Tax Certificates for Exporters
3. Tax and Duty Exemptions Under Section 28 of the Investment Promotion
Act
4. Repurchase of Industrial Bills
5. Export Processing Zones
6. International Trade Promotion Fund/Export Promotion Fund
7. Electricity Discounts for Exporters
8. Reduced Business Taxes for Producers of Intermediate Goods for
Export Industries
9. Additional Incentives under the IPA
We have now completed this review in accordance with section 751 of
the Act. We have made no calculation changes since the preliminary
determination. Therefore, we determine that the net subsidy for these
final results is the same as in the preliminary determination (60 FR
15091): 0.73 percent ad valorem for all exporters and producers of pipe
and tube from Thailand.
Scope of Review
Imports covered in this review are shipments of circular welded
carbon steel pipes and tubes (pipes and tubes) with an outside diameter
of 0.375 inch or more but not over 16 inches, of any wall thickness.
These products, commonly referred to in the industry as standard pipe
or structural tubing, are produced to various ASTM specifications, most
notably A-120, A-53 and A-135. During the review period, this
merchandise was classified under item numbers 7306.30.10 and 7306.30.50
of the HTS. The HTS numbers are provided for convenience and Customs
purposes. The written description remains dispositive.
Analysis of Comments
Comment 1
Petitioners challenge the Department's decision to publish a
country-wide countervailing duty rate. They argue that the statute,
legislative history and court precedent give the Department ample
authority to calculate a company-specific rate and a separate ``all
others'' rate in the final results of this review. In this case,
petitioners argue that the Department does not have a representative
sample, since other producers are known to export the subject
merchandise to the United States. Petitioners state that section
355.22(d) does not control the results in this review, as the country-
wide rate must bear some relation to the average rate for all producers
in the country. Thus, the Department should issue a company-specific
rate to Saha Thai and an all-others rate to the remaining companies.
Respondents state that section 355.22(d) requires the publication
of a single, country-wide rate in this review. Respondents point to the
regulations, which state that only if there is a significant
differential between producers or exporters during the period under
review would the Department issue individual rates. They claim that
petitioners' argument, which would require the Department to use the
preliminary results of the 1988 review as the basis for an ``all other
`` rate, is not allowed by the statute or the regulations because these
results are outside the period under review.
DOC Position
We agree with respondents. At verification, we verified that Saha
Thai was the only company that exported the subject merchandise during
the period of review (see Verification of the Government of Thailand
and Saha Thai, dated May 26, 1994). Thus, based on 355.22(c)(7)(ii), we
calculated a country-wide rate. The fact that a producer did not export
during the POR, but now exports, will be addressed in a subsequent
administrative review if one is requested, and the appropriate rate
then will be determined.
Results of Review
As a result of our review, we determine the net subsidy for the
period of January 1, 1992, through December 31, 1992, to be 0.73
percent ad valorem for all exporters and producers of pipe and tube
from Thailand.
Therefore, the Department intends to instruct the Customs Service
to assess countervailing duties of 0.73 percent ad valorem on the
f.o.b. invoice price on all shipments of this merchandise from Thailand
entered, or withdrawn from warehouse, for consumption on or after
January 1, 1992, and on or before December 31, 1992.
Further, the Department intends to instruct the Customs Service to
collect cash deposits of 0.73 percent ad valorem on the f.o.b. invoice
price on all shipments of this merchandise entered, or withdrawn from
the warehouse, for consumption on or after the date of publication of
the final results of this administrative review. This deposit
instruction shall remain in effect until publication of the final
results of the next administrative review.
The 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: June 21, 1995.
Susan G. Esserman
Assistant Secretary for Import Administration.
[FR Doc. 95-16049 Filed 6-28-95; 8:45 am]
BILLING CODE 3510-DS-P
