# Certain Circular Welded Carbon Steel Pipes and Tubes from Thailand: Amended Final Results of Antidumping Duty Administrative Review > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-4632 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** February 25, 1997 - **Citation:** 62 FR 8423 ## Text 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. --------------------------------------------------------------------------- \1\ The Department has determined that Pacific Pipe Company had no U.S. sales during the period of review. --------------------------------------------------------------------------- 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. ------------------------------------------------------------------------ Margin Manufacturer/exporter Time period (percent) ------------------------------------------------------------------------ Saha Thai/SAF............................ 3/1/94-2/28/95 7.27 ------------------------------------------------------------------------ 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-4632. Public record. Not legal advice.