Certain Carbon Steel Butt-Weld Pipe Fittings From Thailand; Final Results of the Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-807]

Certain Carbon Steel Butt-Weld Pipe Fittings From Thailand; Final

Results of the Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce

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SUMMARY: On April 7, 1997, the Department of Commerce (``Department'')

published in the Federal Register its preliminary results of the

administrative review of the antidumping duty order on certain carbon

steel butt-weld pipe fittings from Thailand (62 FR 16541). This review

covers TTU Industrial Corp., Ltd. (``TTU''), a manufacturer/exporter of

the subject merchandise to the United States. The period of review

(``POR'') is July 1, 1995, through June 30, 1996. Although we gave

interested parties an opportunity to comment on our preliminary

results, none of the interested parties did so. Because TTU failed to

respond to the Department's questionnaire, as in the preliminary

results of this review, we have used facts otherwise available in

reaching the final results.

[[Page 40798]]

EFFECTIVE DATE: July 30, 1997.

FOR FURTHER INFORMATION CONTACT: Howard Smith or James Terpstra, Office

of Antidumping and Countervailing Duty Enforcement Group II, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC

20230; telephone: (202) 482-5193, or (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (``the Act'') by

the Uruguay Round Agreements Act (``URAA''). In addition, unless

otherwise indicated, all references to the Department's regulations are

to 19 CFR part 353 (1997).

Background

The Department published in the Federal Register on July 8, 1996

(61 FR 35712), a notice of opportunity to request an administrative

review of the antidumping duty order on certain carbon steel butt-weld

pipe fittings from Thailand. On July 30, 1996, the petitioner

requested, in accordance with Sec. 353.22(a) of the Department's

regulations (19 CFR 353.22(a)) a review of TTU. On August 15, 1996, the

Department published a notice of initiation of an administrative review

of this order for the period July 1, 1995, through June 30, 1996 (61 FR

42416). On April 7, 1997, the Department published the preliminary

results of this review. We gave interested parties an opportunity to

comment on the preliminary results. We received no comments. The

Department has now completed this administrative review in accordance

with section 751(a) of the Act.

Scope of the Review

The product covered by this order is certain carbon steel butt-weld

pipe fittings, having an inside diameter of less than 14 inches,

imported in either finished or unfinished form. These formed or forged

pipe fittings are used to join sections in piping systems where

conditions require permanent, welded connections, as distinguished from

fittings based on other fastening methods (e.g., threaded, grooved, or

bolted fittings). Carbon steel butt-weld pipe fittings are currently

classified under subheading 7307.93.30 of the harmonized tariff

schedule (``HTS''). Although the HTS subheadings are provided for

convenience and customs purposes, our written description of the scope

of this proceeding is dispositive.

Use of Facts Otherwise Available

The Department has found that TTU withheld information and failed

to cooperate to the best of its ability by not responding to the

Department's questionnaire. Therefore, in accordance with sections

776(a) and (b) of the Act, and consistent with the preliminary results,

for the final results the Department has based the antidumping duty

margin for TTU on facts otherwise available and made adverse inferences

in selecting from among such facts. Section 776(b) of the Act notes

that adverse inferences may include reliance on information derived

from (1) the petition; (2) a final determination in the investigation;

(3) any previous review; or 4) any other information placed on the

record. In the preliminary results we used, as adverse facts available,

the 50.84 percent margin which was used as best information available

(``BIA'') in the less than fair value (``LTFV'') investigation. The

50.84 percent margin from the investigation was based on the greatest

alleged margin in the antidumping petition, 52.60 percent, adjusted to

exclude the export subsidies of 1.76 percent found during the period of

investigation. However, because the countervailing duty order was

revoked effective January 1, 1995 (60 FR 40569), it is no longer

appropriate to adjust the petition rate. Therefore, for the final

results we have used the 52.60 percent margin from the petition.

Section 776(c) of the Act provides that where the Department relies

on ``secondary information'', the Department shall, to the extent

practicable, corroborate that information. The Statement of

Administrative Action (``SAA'') accompanying the URAA clarifies that

information from the petition is ``secondary information'' (See H.R.

Doc. 316, Vol. 1, 103d Cong., 2d sess. 870 (1994). The SAA also

clarifies that ``corroborate'' means to determine that the information

used has probative value (See SAA at 870). Thus, in accordance with

section 776(c) of the Act, we have, to the extent practicable,

corroborated the 52.60 percent BIA margin by examining the basis of the

rate contained in the petition. See the preliminary results of this

administrative review for further details regarding corroboration (62

FR 16541).

Final Results of the Review

As a result of our review, we determine that a margin of 52.60

percent exists for TTU for the period July 1, 1995, through June 30,

1996.

The Department shall determine, and the Customs service shall

assess, antidumping duties on all appropriate entries. Individual

differences between the United States price and normal value may vary

from the percentage stated above. The Department will issue

appraisement instructions directly to the U.S. Customs Service.

Further, the following deposit requirements will be effective, upon

publication of this notice of final results of review for all shipments

of carbon steel butt-weld pipe fittings from Thailand entered, or

withdrawn from warehouse, for consumption on or after the publication

date, as provided for by section 751(a)(1) of the Act: (1) The cash

deposit rate for the reviewed company will be 52.60 percent; (2) for

previously investigated companies not covered in this review, the cash

deposit rate 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 or the original investigation, but the manufacturer is,

the cash deposit rate will be the rate established for the most recent

period for the manufacturer of the merchandise; and (4) the cash

deposit rate for all other manufacturers or exporters will continue to

be 39.10 percent, the ``all others'' rate established in the LTFV

investigation (57 FR 29702, July 6, 1992).

These deposit requirements, when imposed, shall remain in effect

until publication of the final results of the next administrative

review.

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 the only 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 Sec. 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 40799]]

This administrative review and notice are in accordance with

section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)), section 771(i) of

the Act (19 U.S.C. 1677f(i)) and 19 CFR 353.22.

Dated: July 22, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-20067 Filed 7-29-97; 8:45 am]

BILLING CODE 3510-DS-P