Certain Welded Carbon Steel Pipes and Tubes From India; Amended Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-502]

Certain Welded Carbon Steel Pipes and Tubes From India; Amended

Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

United States Department of Commerce.

ACTION: Notice of amended final results of antidumping duty

administrative review.

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SUMMARY: On July 22, 1998, the Department of Commerce published in the

Federal Register (63 FR 39269) the amended final results of

administrative review of the antidumping duty order on certain welded

carbon steel pipes and tubes from India. The period of review is May 1,

1996 through April 30, 1997. Subsequent to the publication of the

amended final results, we received a comment from the respondent

alleging a ministerial error. After analyzing the comment submitted, we

are amending our amended final results to correct the ministerial

error. Based on the correction of the ministerial error, we have

changed the margin for Rajinder Pipes Ltd. and Rajinder Steel, Ltd.

EFFECTIVE DATE: December 1, 1998.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Robin Gray, Import

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

Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230;

telephone: (202) 482-3477 or 482-4023, respectively.

Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

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

January 1, 1995, the effective date of the amendments made to the

Tariff Act by the Uruguay Round Agreements Act. In addition, unless

otherwise indicated, all citations to the Department of Commerce's (the

Department's) regulations are to 19 CFR Part 353 (April 1997).

SUPPLEMENTARY INFORMATION:

Background

On July 22, 1998, the Department published in the Federal Register

(63 FR 39269) the amended final results of administrative review of the

antidumping duty order on certain welded carbon steel pipes and tubes

from India covering the period May 1, 1996 through April 30, 1997.

After publication of the amended final results, we received a timely

allegation from Rajinder Pipes Ltd. and Rajinder Steel, Ltd.

(collectively called ``RSL'') that we had made a ministerial error.

However, because RSL had filed a summons and complaint with the Court

of International Trade (CIT), we did not issue amended final results of

review reflecting the correction of the clerical error. In accordance

with Zenith Elec. Corp. v. United States, 699 F. Supp. 296

[[Page 66121]]

(CIT 1988), Aff'd 884 F.2d 556 (Fed Cir. 1989), the Department may not

amend an administrative result while it is under the CIT's exclusive

jurisdiction unless it has leave of the CIT.

On November 2, 1998, pursuant to the order issued in Rajinder Pipes

Ltd. v. United States, Court No. 98-07-02504, the CIT granted the

Department leave to correct the clerical error in the calculation of

RSL's weighted-average margin. Therefore, we are correcting the

calculation, in accordance with section 751(h) of the Act.

Clerical-Error Allegation

RSL alleges that, while making corrections to the final results,

the Department caused another clerical error to occur inadvertently.

Specifically, RSL asserts that, after the Department corrected the

clerical error regarding the home market credit-expense adjustment for

direct sales, it did not deduct the excise duty when making comparisons

to U.S. price.

We agree with RSL and have made the appropriate change in the

margin program so that we have deducted excise duty from home market

price before making a comparison to U.S. price. This was an inadvertent

error in our computer programming.

Amended Final Results of Review

As a result of the amended margin calculations, the following

weighted-average percentage margin exists for the period May 1, 1996,

through April 30, 1997:

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

Percentage

Manufacturer/exporter margin

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RSL........................................................ 14.05

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The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. We have

calculated, wherever possible, an exporter/importer-specific assessment

rate for RSL's sales to the United States. We will also direct the

Customs Service to collect cash deposits of estimated antidumping

duties on all appropriate entries in accordance with the procedures

discussed in the final results of review (63 FR 32825, 32833) and as

amended by this notice. The amended deposit requirements are effective

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

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

notice and 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 doubled antidumping duties.

We are issuing and publishing this determination in accordance with

sections 751(h) and 777(i) of the Act and 19 CFR 353.28(c).

Dated: November 18, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-31982 Filed 11-30-98; 8:45 am]

BILLING CODE 3510-DS-P