Certain Circular Welded Carbon Steel Pipes and Tubes from Thailand: Amended Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]

Certain Circular Welded Carbon Steel Pipes and Tubes from

Thailand: Amended Final Results of Antidumping Duty Administrative

Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

SUMMARY: On November 1, 1996, the Department of Commerce (the

Department) published the final results of administrative review of the

antidumping duty order on certain circular welded carbon steel pipes

and tubes from Thailand (61 FR 56515). On January 15, 1997, the

Department published the amended final results of that administrative

review (62 FR 2131). This review covers Saha Thai Steel Pipe Company,

SAF Steel Pipe Export Company, and Pacific Pipe Company.1 The

period of review (POR) is March 1, 1994 through February 28, 1995.

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\1\ The Department has determined that Pacific Pipe Company had

no U.S. sales during the period of review.

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On January 16, 1997, Counsel for Saha Thai filed an allegation,

pursuant to 19 CFR 353.28, of a clerical error with regard to the

amended final results of the above review. Saha Thai's submission

alleged that the Department made errors in calculating the importer-

specific assessment rates for subject merchandise sold by Saha Thai. On

January 24, 1997, petitioners in this proceeding objected to Saha

Thai's request, arguing that the allegation was untimely because the

alleged error occurred in the original final results. Petitioners

claimed that the Department's regulations do not authorize further

alteration of the final results except through action by the Court of

International Trade, pursuant to 19 USC 1516a. Petitioners further

contend that 19 CFR 353.28 does not provide for correction of clerical

errors in amended final determinations.

The Department finds that correction of the ministerial error in

the amended final results of review is appropriate. Section 751(h) of

the Act authorizes the Department to correct final determinations

issued pursuant to section 751(a)(1). Because an amended final results

of review is a final determination under section 751, the Department

may correct ministerial errors found in amended final determinations in

accordance with 19 CFR 353.28.

In reviewing Saha Thai's submission, the Department found that the

alleged error in our amended final results calculations did in fact

occur and that the same error had not been present in the calculations

for the final results of review. Therefore, Saha Thai's allegation,

which was filed within five business days of the date of disclosure of

the amended final results calculations, was timely in accordance with

19 CFR 353.28(b). Due to a computer programming error, the importer-

specific antidumping duty rate was inadvertently overstated in the

amended final results. The Department agrees with Saha Thai that this

clerical error should be corrected in accordance with 19 CFR 353.29(c).

This correction affects only the importer-specific assessment rates and

will therefore only change our instructions to the Customs Service.

This modification does not change any other part of the calculations,

final results notice, or amended final results notice.

EFFECTIVE DATE: February 25, 1997.

FOR FURTHER INFORMATION CONTACT: James Rice or Jean Kemp, AD/CVD

Enforcement Group III, Office 9, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-

0162 or (202) 482-4037, respectively.

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. In addition, unless otherwise indicated,

all citations to the Department's regulations are to the current

regulations, as amended by the interim regulations published in the

Federal Register on May 11, 1995 (60 FR 25130).

Scope of the Review

The products covered by this administrative review are certain

circular welded carbon steel pipes and tubes from Thailand. The subject

merchandise has an outside diameter 0.375 inches 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.'' The merchandise is

classifiable under the Harmonized Tariff Schedule (HTS) item numbers

7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055,

7306.30.5085 and 7306.30.5090. Although the HTSUS subheadings are

provided for convenience and Customs

[[Page 8424]]

purposes, our written description of the scope of the order is

dispositive.

Amended Final Results of Review

Upon correction of the ministerial error, we have determined that

the margin remains unchanged from the amended final results published

on January 15, 1997. However, as discussed above, importer specific

assessment rates will change and we will instruct Customs accordingly.

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Margin

Manufacturer/exporter Time period (percent)

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Saha Thai/SAF............................ 3/1/94-2/28/95 7.27

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The Customs Service shall assess antidumping duties on all

appropriate entries. Individual differences between United States price

and normal value may vary from the percentages stated above. The

Department will issue appraisement instructions directly to the Customs

Service.

Furthermore, the following deposit requirements will be effective

for all shipments of certain circular welded carbon steel pipes and

tubes from Thailand entered, or withdrawn from warehouse, for

consumption on or after the publication date of these final results, as

provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit

rates for the reviewed companies will be the rates for those firms as

stated above; (2) for previously investigated companies not listed

above, 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 15.67 percent for circular welded carbon steel pipes and

tubes, the all others rate established in the LTFV investigations. See

Final Determination and Antidumping Duty Order: Certain Welded Carbon

Steel Pipes and Tubes from Thailand, (51 FR 8341, March 11, 1986).

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 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 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 the terms of an

APO is a sanctionable violation. This administrative review and notice

are in accordance with section 751(a)(1) of the Act (19 U.S.C.

1675(a)(1)) and 19 CFR 353.28(c).

Dated: February 13, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-4632 Filed 2-24-97; 8:45 am]

BILLING CODE 3510-DS-P