[Federal Register Volume 65, Number 249 (Wednesday, December 27, 2000)]
[Notices]
[Pages 81830-81831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32981]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-828]
Notice of Final Determination of Sales at Less Than Fair Value:
Stainless Steel Butt-Weld Pipe Fittings From Italy
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 27, 2000.
FOR FURTHER INFORMATION CONTACT: Helen Kramer or Nancy Decker at (202)
482-0405 and (202) 482-0196, respectively, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230.
The Applicable Statute and Regulations
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 citations to the Department of Commerce (``the
Department'') regulations are to the regulations at 19 CFR Part 351
(2000).
Final Determination
We determine that stainless steel butt-weld pipe fittings (``pipe
fittings'') from Italy are being, or are likely to be, sold in the
United States at less than fair value (``LTFV''), as provided in
section 735 of the Act. The estimated margin of sales at LTFV is shown
in the ``Continuation of Suspension of Liquidation'' section of this
notice.
Case History
The preliminary determination in this investigation was published
on August 2, 2000. See Notice of Preliminary Determination of Sales at
Less Than Fair Value: Stainless Steel Butt-Weld Pipe Fittings from
Italy, 65 FR 47388 (August 2, 2000) (``Preliminary Determination'').
The investigation covers one manufacturer/exporter, Coprosider S.p.A.
(``Coprosider'').
The Department verified Coprosider's responses to the antidumping
questionnaire from September 11-15, 2000 (sales verification) and from
September 18-22, 2000 (cost verification). We invited parties to
comment on our Preliminary Determination. Based on our analysis of the
comments received, we have made changes in the margin calculation.
Therefore, the final determination differs from the preliminary
determination.
Period of Investigation
The Period of Investigation (``POI'') is October 1, 1998 through
September 30, 1999.
Scope of Investigation
For purposes of this investigation, the product covered is certain
stainless steel butt-weld pipe fittings. Pipe fittings are under 14
inches in outside diameter (based on nominal pipe size), whether
finished or unfinished. The product encompasses all grades of stainless
steel and ``commodity'' and ``specialty'' fittings. Specifically
excluded from the definition are threaded, grooved, and bolted
fittings, and fittings made from any material other than stainless
steel.
The fittings subject to this investigation are generally designated
under specification ASTM A403/A403M, the standard specification for
Wrought Austenitic Stainless Steel Piping Fittings, or its foreign
equivalents (e.g., DIN or JIS specifications). This specification
covers two general classes of fittings, WP and CR, of wrought
austenitic stainless steel fittings of seamless and welded construction
covered by the latest revision of ANSI B16.9, ANSI B16.11, and ANSI
B16.28. Pipe fittings manufactured to specification ASTM A774, or its
foreign equivalents, are also covered by this investigation.
This investigation does not apply to cast fittings. Cast austenitic
stainless steel pipe fittings are covered by specifications A351/A351M,
A743/743M, and A744/A744M.
The stainless steel butt-weld pipe fittings subject to this
investigation are currently classifiable under subheading 7307.23.0000
of the Harmonized Tariff Schedule of the United States (HTSUS).
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this investigation is
dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the ``Issues and Decision
Memorandum for the Final Determination in the Antidumping Duty
Investigation of Stainless Steel Butt-weld Pipe Fittings from Italy''
(``Decision Memorandum'') from Joseph A. Spetrini, Deputy Assistant
Secretary, Enforcement Group III, to Troy H. Cribb, Assistant Secretary
for Import Administration, dated December 15, 2000, which is hereby
adopted by this notice. A list of the issues which parties have raised
and to which we have responded, all of which are in the Decision
Memorandum, is attached to this notice as an Appendix. Parties can find
a complete discussion of all issues raised in this investigation and
the corresponding recommendations in the public memorandum which is on
file in the Central Records Unit, Room B-099 of the main Department
building. In addition, the Decision Memorandum can be accessed directly
on the Web at http://ia.ita.doc.gov/. The paper copy and electronic
version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Determination
Based on our corrections to Coprosider's reported cost of
production, findings at verification and analysis of comments received,
we have made certain changes in the margin calculations. We have also
corrected certain programming and clerical errors in our preliminary
determination. These changes are discussed in the relevant sections of
the Decision Memorandum.
Final Critical Circumstances Determination
As set forth in our Decision Memorandum, because the importer
knowledge of dumping criterion (i.e., margins of 25 percent or more for
export price sales) necessary to find critical circumstances continues
to be met with respect to Coprosider, the Department affirms, for the
purposes of this final determination, that critical circumstances exist
for imports of pipe fittings from Coprosider.
[[Page 81831]]
Continuation of Suspension of Liquidation
We are directing the Customs Service to continue to suspend
liquidation of entries of subject merchandise from Coprosider that are
entered, or withdrawn from warehouse, for consumption on or after May
4, 2000, and to continue to suspend liquidatation of any imports from
other companies of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after August 2, 2000. We will instruct
the Customs Service to require a cash deposit or the posting of a bond
equal to the weighted-average amount by which the normal value exceeds
the U.S. price, as indicated in the chart below. These suspension-of-
liquidation instructions will remain in effect until further notice.
The margins in the final determination are as follows:
------------------------------------------------------------------------
Margin
(Percent)
------------------------------------------------------------------------
Exporter/Manufacturer:
Coprosider............................................. 26.59
All Others............................................. 26.59
------------------------------------------------------------------------
ITC Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (``ITC'') of our determination. As our
final determination is affirmative, the ITC will, within 45 days,
determine whether these imports are materially injuring, or threaten
material injury to, the U.S. industry. If the ITC determines that
material injury, or threat of material injury does not exist, the
proceeding will be terminated and all securities posted will be
refunded or canceled. If the ITC determines that such injury does
exist, the Department will issue an antidumping duty order directing
Customs officials to assess antidumping duties on all imports of the
subject merchandise entered for consumption on or after the effective
date of the suspension of liquidation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: December 15, 2000.
Troy H. Cribb,
Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memo
Comments and Responses
1 Cost of Production
A. Combining Costs of the Affiliated Suppliers/Major Input Rule
B. Facts Available
C. Selling, General and Administrative Expenses
D. Financial Expenses
2 Level of Trade
3 Usual Commercial Quantities and Ordinary Course of Trade
4 Circumstance-of-Sale Adjustment-Imputed Credit Expenses
5 U.S. Movement Expenses
6 Indirect Selling Expenses (ISE)
7 Ministerial Error
8 Critical Circumstances
9 Miscellaneous Issues
A. Model Match
B. Sample Sales and Sales to Affiliated Party
C. Correction of Errors Found At Verification
D. Use of Updated Cost Data
[FR Doc. 00-32981 Filed 12-26-00; 8:45 am]
BILLING CODE 3510-DS-P