Certain Circular Welded Carbon Steel Pipes and Tubes From Thailand: Amended Final Results of Antidumping Duty Administrative Review in Accordance With Decision on Remand

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