Amended Order and Final Determination of Sales at Less Than Fair Value: Small Diameter Circular Seamless Carbon and Alloy Steel, Standard, Line and Pressure Pipe From Italy

DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-814]

Amended Order and Final Determination of Sales at Less Than Fair

Value: Small Diameter Circular Seamless Carbon and Alloy Steel,

Standard, Line and Pressure Pipe From Italy

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Amendment to final determination of antidumping duty

investigation in accordance with decision upon remand.

-----------------------------------------------------------------------

SUMMARY: On August 29, 1997, the United States Court of International

Trade (the CIT) remanded to the Department of Commerce (the Department)

the final determination in the antidumping duty investigation of

[[Page 31736]]

small diameter circular seamless carbon and alloy steel, standard, line

and pressure pipe from Italy. See Gulf States Tube v. United States,

Court No. 95-09-01125, Slip Op. 97-124 (August 29, 1997). In its remand

instructions, the CIT ordered that the Department recalculate the cost

of production and constructed value for the galvanized pipe produced by

Dalmine S.p.A. (Dalmine). On November 28, 1997, the Department filed

its results of redetermination pursuant to the CIT's order, and on

March 10, 1998, the CIT affirmed the Department's results of the

remand. That decision was not appealed. As there is now a final and

conclusive court decision in this action, we will instruct the Customs

Service to continue to suspend liquidation of shipments of seamless

pipe from Italy and require a cash deposit of 1.27 percent for Dalmine

and all other manufacturers, producers or exporters for subject

merchandise entered, or withdrawn from warehouse, for consumption on or

after the date of publication of this notice.

EFFECTIVE DATE: June 10, 1998.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or David J. Goldberger,

Office 5, AD/CVD Enforcement Group II, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW., Washington, DC 20230, telephone:

(202) 482-4929 or (202) 482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Act), are references to the provisions in effect

as of December 31, 1994. In addition, unless otherwise indicated, all

citations to the Department's regulations are to the regulations

codified at 19 CFR part 353 (1995).

Background

On June 19, 1995, the Department published in the Federal Register

the Final Determination of Sales at Less-Than-Fair-Value: Small

Diameter Circular Seamless Carbon and Alloy Steel, Standard, Line and

Pressure Pipe from Italy (60 FR 31981). On August 3, 1995, the

Department published the Notice of Antidumping Duty Order: Certain

Small Diameter Seamless Carbon and Alloy Steel Standard, Line and

Pressure Pipe From Italy 60 FR 39705 (Final Determination).

Subsequently, Dalmine, the sole Italian respondent in this case, filed

a lawsuit with the CIT, challenging the Department's final

determination.

On August 29, 1997, the United States Court of International Trade

(the CIT) remanded to the Department the Final Determination. See Gulf

States Tube v. United States, Court No. 95-09-01125, Slip Op. 97-124

(August 29, 1997). In its remand instructions, the CIT granted the

Department's request to recalculate the cost of production (COP) and

constructed value (CV) for the galvanized pipe produced by Dalmine. The

CIT agreed that the final adjustments made to Dalmine's factory

overhead costs resulted in the overstatement of the costs attributable

to galvanized pipe, which consequently overstated Dalmine's COP and CV

computed for purposes of the Final Determination. On November 28, 1997,

the Department filed its results of redetermination pursuant to the

CIT's remand. As a result of the redetermination upon remand, the

antidumping margin for Dalmine changed from 1.84 percent to 1.27

percent. On March 10, 1998, the CIT affirmed the Department's results

of the remand redetermination. See CIT's Judgment Order, Slip Op. 98-

25, Consol. Court No. 95-09-01125. That decision was not appealed. As

there is now a final and conclusive court decision in this action, we

are amending our final determination in this matter.

Amended Final Determination

Pursuant to section 516 (A)(e) of the Act, we are now amending the

final determination on the antidumping duty order on seamless pipe from

Italy. As a result of the remand redetermination, the recalculated

final weighted-average margin is as follows:

------------------------------------------------------------------------

Customers ID Margin

Manufacturer/producer/exporter Number percentage

------------------------------------------------------------------------

Dalmine S.p.A............................. A-475-814-001 1.27

All Others................................ A-475-814-000 1.27

------------------------------------------------------------------------

Suspension of Liquidation

For imports of seamless pipe from Italy, the Department will direct

United States Customs officers to assess, upon further advice by the

administering authority pursuant to section 736(a)(1) of the Act,

antidumping duties equal to the amount by which the foreign market

value of the merchandise exceeds the United States price for all

entries of seamless pipe from Italy. These antidumping duties will be

assessed on all entries of seamless pipe from Italy entered, or

withdrawn from warehouse, for consumption on or after June 19, 1995,

the date on which the Department published its final determination

notice in the Federal Register (60 FR 31981). The Department will

instruct the Customs Service to collect cash deposits of 1.27 percent

on all shipments of the subject merchandise entered, or withdrawn from

warehouse, for consumption on or after the publication date of this

amended final determination.

This determination is issued and published in accordance with

section 736(a)(1) of the Act and 19 CFR 353.20(a)(4)(1994).

Dated: June 3, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-15474 Filed 6-9-98; 8:45 am]

BILLING CODE 3510-DS-P