[Federal Register: December 16, 2003 (Volume 68, Number 241)]
[Notices]
[Page 69995-69996]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de03-31]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-813]
Stainless Steel Butt-Weld Pipe Fittings From Korea; Notice of
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results Antidumping Duty Administrative Review.
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SUMMARY: On September 29, 2003, the Department of Commerce (the
Department) published the preliminary results and partial rescission of
antidumping duty administrative review on stainless steel butt-weld
pipe fittings from Korea. The review, as initiated, covered three
manufacturers/exporters, Sam Sung Stainless Commerce & Ind. Co., Ltd.
(Sam Sung), Sungkwang Bend Co., Ltd. (Sungkwang), and TK Corporation.
However, along with the preliminary results we rescinded the review
with respect to Sungkwang and TK Corporation because the only party
that requested a review of these two companies withdrew the request in
a timely manner. Therefore these final results of review cover only Sam
Sung. The period of review is February 1, 2002 through January 31,
2003. We gave interested parties an opportunity to comment on our
preliminary results. We received no comments. Furthermore, the
Department made no changes in its analysis following publication of the
preliminary results. Therefore, the final results of review are
unchanged from those presented in the preliminary results of review.
EFFECTIVE DATE: December 16, 2003.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James,
Enforcement Group III, Office 8, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
2924 and (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 29, 2003 the Department published its preliminary
results and partial rescission of antidumping duty administrative
review of stainless steel butt-weld pipe fittings from Korea. See
Stainless Steel Butt-Weld Pipe Fittings from Korea; Notice of
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review, 68 FR 55935 (September 29, 2003) (Preliminary
Results). In that notice we rescinded the review with respect to
SungKwang and TK Corporation because the only party that requested the
review of these companies withdrew the request in a timely manner. We
also assigned Sam Sung an adverse facts available rate because it
withheld information the Department requested by refusing to respond to
the Department's antidumping questionnaire. We gave interested parties
an opportunity to comment on our preliminary results. No parties
submitted comments. We have now completed the administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Tariff Act).
Period of Review
The period of review (POR) is February 1, 2002 through January 31,
2003.
Scope of the Review
The products subject to this review are certain welded stainless
steel butt-weld pipe fittings (pipe fittings), whether finished or
unfinished, under 14 inches in inside diameter.
Pipe fittings are used to connect pipe sections in piping systems
where
[[Page 69996]]
conditions required welded connections. The subject merchandise can be
used where one or more of the following conditions is a factor in
designing the piping system: (1) corrosion of the piping system will
occur if material other than stainless steel is used; (2) contamination
of the material in the system by the system itself must be prevented;
(3) high temperatures are present; (4) extreme low temperatures are
present; (5) high pressures are contained within the system.
Pipe fittings come in a variety of shapes, and the following five
are the most basic: ``elbows,'' ``tees,'' ``reducers,'' ``stub ends,''
and ``caps.'' The edges of finished fittings are beveled. Threaded,
grooved, and bolted fittings are excluded from this review. The pipe
fittings subject to this review are classifiable under subheading
7307.23.00 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
proceeding is dispositive.
Use of Facts Available
For the reasons set forth in our preliminary results we continue to
find that application of an adverse facts available rate of 21.20
percent to Sam Sung is appropriate. See Preliminary Results at 55936-
37.
Final Results of Review
As a result of our determination that it is appropriate to apply
adverse facts available to Sam Sung, we determine that a weighted-
average dumping margin of 21.20 percent exists for Sam Sung for the
period February 1, 2002 through January 31, 2003.
The Department will determine, and U.S. Customs and Border
Protection (Customs) shall assess, antidumping duties on all
appropriate entries. The Department will issue appropriate assessment
instructions directly to Customs within 15 days of publication of these
final results of review. We will direct Customs to assess the resulting
assessment rate against the entered customs values for the subject
merchandise on each entry during the review period.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication, as provided by
section 751(a)(1) of the Tariff Act: (1) the cash deposit rate for the
reviewed company will be the rate shown above; (2) for previously
reviewed or investigated companies not listed above, the cash deposit
will continue to be the company-specific rate published for the most
recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation, but the
manufacturer is, the cash deposit rate will be that established for the
most recent period for the manufacturer of the merchandise; and (4) if
neither the exporter nor the manufacturer is a firm covered in this
review, any previous reviews, or the LTFV investigation, the cash
deposit rate will be 21.20 percent, the ``all others'' rate established
in the LTFV investigation. See Final Determination of Sales at Less
Than Fair Value: Certain Welded Stainless Steel Butt-Weld Pipe Fittings
from the Republic of Korea, 57 FR 61881, 61882 (December 29, 1992).
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials 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 notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: December 9, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-31018 Filed 12-15-03; 8:45 am]