[Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
[Notices]
[Pages 39269-39270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19525]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-502]
Certain Welded Carbon Steel Pipes and Tubes From India; Amended
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
United States Department of Commerce.
ACTION: Notice of amended final results of antidumping duty
administrative review.
-----------------------------------------------------------------------
SUMMARY: On June 16, 1998, the Department of Commerce (the Department)
published the final results of administrative review of the antidumping
duty order on Certain Welded Carbon Steel Pipes and Tubes from India
(63 FR 32825). The period of review is May 1, 1996 through April 30,
1997. Subsequent to the publication of the final results, we received
comments from the respondent alleging various ministerial errors. After
analyzing the comments submitted, we are amending our final results to
correct certain ministerial errors. Based on the correction of these
ministerial errors, we have changed the margin for Rajinder Pipes Ltd.
and Rajinder Steel, Ltd (collectively called ``RSL'').
EFFECTIVE DATE: July 22, 1998.
FOR FURTHER INFORMATION CONTACT: Gregory Thompson or Robin Gray, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th and Constitution Avenue, N.W., Washington, D.C. 20230;
telephone: (202) 482-0410/4023.
APPLICABLE STATUTE: Unless otherwise indicated, all citations to the
Tariff Act of 1930, as amended (the Tariff Act), are references to the
provisions effective January 1, 1995, the effective date of the
amendments made to the Tariff Act by the Uruguay Round Agreements Act.
In addition, unless otherwise indicated, all citations to the
Department's regulations are to 19 CFR Part 353 (April 1997).
SUPPLEMENTARY INFORMATION:
Background
On June 16, 1998, the Department published the final results of its
administrative review of the antidumping duty order on certain welded
carbon steel pipes and tubes from India covering the period May 1, 1996
through April 30, 1997 (63 FR 32825). After publication of our final
results, we received timely allegations from RSL that we had made
ministerial errors in calculating the final results.
A summary of each allegation along with the Department's response
is included below. We corrected our calculations, where we agree that
we made ministerial errors, in accordance with section 751(h) of the
Tariff Act.
Clerical Error Allegations
Allegation 1: RSL alleges that we inadvertently miscalculated the
credit expense for sales made directly from the factory. Specifically,
RSL states that when calculating credit expenses for these sales, we
should have included the excise duty in the gross unit price.
Department's Position: We agree and have changed the margin program
accordingly. Excise taxes were included in gross unit price for all
other sales. The omission of such taxes on these transactions was
inadvertent.
Allegation 2: RSL alleges that the excise duties should have been
deducted from the home-market prices for purpose of comparison to the
U.S. prices.
Department's Position: We agree and have changed the margin program
accordingly. This was an inadvertent programming error.
Allegation 3: RSL asserts that we used the incorrect level-of-trade
adjustment figure. RSL states that the correct figure is the one which
equates level one with level two.
Department's Position: We agree that this was an inadvertent
programming error and have changed the margin program accordingly.
Allegation 4: RSL states that we inadvertently rejected its
inventory carrying costs by not using them in the commission offset
calculation.
Department's Position: We agree that this was an inadvertent
programming error and have changed the margin program accordingly.
Amended Final Results of Review
As a result of the amended margin calculations, the following
weighted-average percentage margin exists for the period May 1, 1996,
through April 30, 1997:
----------------------------------------------------------------------
Manufacturer/Exporter
----------------------------------------------------------------------
Percentage Margin
-----------------------------------------------------------------------
RSL...............................................................29.81
----------------------------------------------------------------------
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. We have
calculated, wherever possible, an exporter/importer-specific assessment
rate for RSL's sales to the United States. We will also 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 review (63 FR 32825, 32833) 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.
[[Page 39270]]
This notice also 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 doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 353.34(d) or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing this determination in accordance with
sections 751(h) and 777(i) of the Tariff Act and 19 CFR 353.28(c).
Dated: July 15, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-19525 Filed 7-21-98; 8:45 am]
BILLING CODE 3510-DS-P
