[Federal Register: April 18, 2006 (Volume 71, Number 74)]
[Notices]
[Page 19873-19874]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap06-36]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-816]
Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan:
Notice of Court Decision and Suspension of Liquidation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 6, 2006, in Alloy Piping Products, Inc., Flowline
Division, et al. v. United States, Slip Op. 06-47, (``Alloy Piping
II''), the Court of International Trade (``CIT'') affirmed the
Department of Commerce's (``Department'') Final Results of
Determination Pursuant to Remand (``Remand Results''), dated August 16,
2004. Consistent with the decision of the U.S. Court of Appeals for the
Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (``Timken''), the Department will
[[Page 19874]]
continue to order the suspension of liquidation of the subject
merchandise, where appropriate, until there is a ``conclusive''
decision in this case. If the case is not appealed, or if it is
affirmed on appeal, the Department will instruct U.S. Customs and
Border Protection (``CBP'') to liquidate all relevant entries from Ta
Chen Stainless Steel Pipe, Ltd. (``Ta Chen'') and revise the cash
deposit rates as appropriate.
EFFECTIVE DATE: April 18, 2006.
FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington,
DC 20230; telephone; 202-482-3208, fax; 202-482-9089.
SUPPLEMENTARY INFORMATION:
Background
Following publication of the Final Results, Ta Chen filed a lawsuit
with the CIT challenging the Department's findings in Certain Stainless
Steel Butt-Weld Pipe Fittings From Taiwan and Accompanying Issues and
Decisions Memorandum; Final Results of 1998-1999 Administrative Review,
65 FR 81827, 81830 (December 27, 2000) (``Final Results'').\1\ In Alloy
Piping v. United States, Slip Op. 04-46 (CIT 2004) (``Alloy Piping
I''), the CIT instructed the Department to (1) reconsider the factual
and legal basis for its determination concerning the alleged
reimbursement agreement; and (2) reconsider its calculation of CEP\2\
profit.
---------------------------------------------------------------------------
\1\ The period of review is June 1, 1998, through May 31, 1999
(``POR'').
\2\ Constructed Export Price
---------------------------------------------------------------------------
The Draft Final Results Pursuant to Remand (``Draft Results'') were
released to parties on August 5, 2004. The Department received comments
from interested parties on the Draft Results on August 9, 2004. There
were no substantive changes made to the Remand Results as a result of
comments received on the Draft Results. On August 16, 2004, the
Department responded to the CIT's Order of Remand by filing the Remand
Results. In the Remand Results, the Department reconsidered its
decision concerning the reimbursement agreement and determined that the
reimbursement agreement, in light of the new information submitted by
Ta Chen on May 18, 2004, indicated that the reimbursement agreement did
not apply for the June 1, 1998, through May 31, 1999, period, but was
limited to the 1992-1994 period. The Department also reconsidered its
CEP Profit calculation and determined that the CEP Profit equation is
symmetric with regard to the imputed interest expenses such that the
imputed interest expenses in the ``Total U.S. Expenses'' numerator are
in fact reflected in recognized financial expenses in the ``Total
Expenses'' denominator and the ``Total Actual Profit'' multiplier.
Thus, the Department did not change Ta Chen's CEP Profit. As a result
of the remand determination, the antidumping duty rate for Ta Chen was
decreased from 12.84 to 6.42 percent.
On April 6, 2006, the CIT affirmed the Department's findings in the
Remand Results. Specifically, the CIT upheld the Department's finding
that Ta Chen was not reimbursing antidumping duties during the POR and
that the Department's calculation of CEP profit was accurate. See Alloy
Piping II. As noted above, this revision resulted in a change in Ta
Chen's margin.
Suspension of Liquidation
The CAFC, in Timken, held that the Department must publish notice
of a decision of the CIT or the CAFC which is not ``in harmony'' with
the Department's final determination or results. Publication of this
notice fulfills that obligation. The CAFC also held that the Department
must suspend liquidation of the subject merchandise until there is a
``conclusive'' decision in the case. Therefore, pursuant to Timken, the
Department must continue to suspend liquidation pending the expiration
of the period to appeal the CIT's April 6, 2006, decision, or, if that
decision is appealed, pending a final decision by the CAFC. The
Department will instruct Customs to revise cash deposit rates, as
appropriate, and to liquidate relevant entries covering the subject
merchandise in the event that the CIT's ruling is not appealed, or if
appealed and upheld by the CAFC.
Dated: April 13, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. 06-3743 Filed 4-17-06; 8:45 am]
BILLING CODE 3510-DS-S