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Federal Register / Vol. 70, No.

238 / Tuesday, December 13, 2005 / Notices 73727

retooling of their production facilities.’’ collapse VAL with VIL/VFL. See in Part, 70 FR 39735 (July 11, 2005)
Id. Second, the Department found ‘‘a Remand III at 5–6. The Department (‘‘Preliminary Results’’). This review
significant potential for the collapsed VIL and VFL because the covers two manufacturers/exporters of
manipulation of price and production plaintiffs agreed in the underlying the subject merchandise. The
among VIL, VAL, and VFL.’’ Id. Slater review that VIL and VFL should be merchandise covered by this order is
Steels Corporation, Carpenter collapsed. See Remand III at 5. VIL/ certain stainless steel butt–weld pipe
Technology Corporation, Electralloy VFL’s resulting antidumping duty fittings from Taiwan as described in the
Corporation, and Crucible Specialty margin is 0.84 percent. Id. at 26. The ‘‘Scope of the Order’’ section of this
Metals Division of Crucible Materials CIT affirmed the Department’s Remand notice. The period of review (‘‘POR’’) is
Corporation (collectively, the III on October 20, 2005. See Slater III June 1, 2003, through May 31, 2004. We
‘‘plaintiffs’’/‘‘defendant–intervenors’’) Slip Op. 05–137 at 4–5. gave interested parties an opportunity to
challenged this determination before the comment on the preliminary results.
Suspension of Liquidation
CIT, arguing that the Department Based upon our analysis of the
misapplied its collapsing regulation. The Federal Circuit, in Timken, held comments received, we made changes to
The CIT determined that the that the Department must publish notice the margin calculation for one
Department’s decision to collapse VAL, of a decision of the CIT or the Federal respondent. Therefore, the final results
VIL, and VFL was not supported by Circuit which is not ‘‘in harmony’’ with have changed from the preliminary
substantial evidence on the record. the Department’s Final Results. results of this review. The final weight–
Therefore, the CIT remanded the Final Publication of this notice fulfills that averaged dumping margin is listed
Results to the Department to reconsider obligation. The Federal Circuit also held below in the section titled ‘‘Final
its analysis of the collapsing issue and, that the Department must suspend Results of the Review.’’
if necessary, revise the dumping margin liquidation of the subject merchandise
EFFECTIVE DATE: December 13, 2005.
calculation accordingly. See Slater until there is a ‘‘conclusive’’ decision in
the case. Therefore, pursuant to Timken, FOR FURTHER INFORMATION CONTACT:
Steels Corp. v. United States, 279 F.
Supp. 2d 1370 (CIT August 21, 2003) the Department must continue to Helen Kramer or Abdelali Elouaradia,
(‘‘Slater I’’). Pursuant to the CIT’s order suspend liquidation pending the AD/CVD Operations, Office 7, Import
in Slater I, the Department filed its Final expiration of the period to appeal the Administration, International Trade
Results of Redetermination Pursuant to CIT’s October 20, 2005, decision or, if Administration, U.S. Department of
Remand (‘‘Remand I’’). In Remand I, the that decision is appealed, pending a Commerce, 14th Street and Constitution
Department determined that its decision final decision by the Federal Circuit. Avenue, NW., Washington, DC 20230;
to collapse VAL, VIL, and VFL was The Department will instruct CBP to telephone: (202) 482–0405 and (202)
supported by substantial evidence and liquidate relevant entries covering the 482–1374, respectively.
in accordance with the law, and subject merchandise, in the event that SUPPLEMENTARY INFORMATION:
therefore, the Department did not revise the CIT’s ruling is not appealed, or if
appealed and upheld by the Court of Background
its dumping margin calculations.
Upon review of Remand I, the CIT Appeals for the Federal Circuit. The Department’s preliminary results
again remanded the Final Results to the Dated: December 7, 2005. of review were published on July 11,
Department for further review of its 2005. See Preliminary Results. We
Joesph A. Spetrini,
collapsing determination, citing certain invited parties to comment on the
Acting Assistant Secretary for Import
issues for the Department to reexamine. Administration.
Preliminary Results. We received
See Slater Steels Corp. v. United States, written comments on August 10, 2005,
[FR Doc. E5–7275 Filed 12–12–05; 8:45 am]
Court No. 02–00551, Slip Op. 04–22 from Flowline Division of Markovitz
(CIT March 8, 2004) (‘‘Slater II’’). In Enterprise, Inc., Shaw Allow Piping
response to the CIT’s instructions in Products, Inc., Gerlin, Inc., and Taylor
Slater II, the Department filed its Final DEPARTMENT OF COMMERCE Forge Stainless, Inc., collectively, ‘‘the
Results of Redetermination Pursuant to petitioners.’’ On August 15, 2005, we
Remand (‘‘Remand II’’). In Remand II, International Trade Administration received rebuttal comments from Ta
the Department addressed the concerns Chen Stainless Pipe Co., Ltd. (‘‘Ta
raised by the CIT in Slater II and found [A–583–816] Chen’’) and its wholly owned U.S.
that the decision to collapse VAL, VIL, Notice of Final Results and Final subsidiary Ta Chen International, Inc.
and VFL was supported by substantial Rescission in Part of Antidumping (‘‘TCI’’). The Department is conducting
evidence and in accordance with the Duty Administrative Review: Certain this administrative review in
law, and therefore, the Department did Stainless Steel Butt–Weld Pipe Fittings accordance with section 751 of the
not revise its dumping margin From Taiwan Tariff Act of 1930, as amended (‘‘the
calculations. Act’’).
Upon review of Remand II, the CIT AGENCY: Import Administration,
again remanded the Final Results to the International Trade Administration, Scope of the Order
Department with specific instructions Department of Commerce. The products subject to this order are
that the Department calculate individual SUMMARY: On July 11, 2005, the certain stainless steel butt–weld pipe
dumping margins. See Slater III Slip Op. Department of Commerce (‘‘the fittings, whether finished or unfinished,
05–137 at 15. The CIT found that the Department’’) published in the Federal under 14 inches inside diameter.
Department’s decision to collapse VAL, Register the preliminary results of the Certain welded stainless steel butt–weld
VIL, and VFL in the Final Results was administrative review of the order on pipe fittings (‘‘pipe fittings’’) are used to
not consistent with the Department’s certain stainless steel butt–weld pipe connect pipe sections in piping systems
decision not to collapse VAL, VIL, and fittings from Taiwan. See Certain where conditions require welded
VFL in previous reviews. See Slater III Stainless Steel Butt–Weld Pipe Fittings connections. The subject merchandise is
Slip Op. 05–137 at 15. In Final Results From Taiwan: Preliminary Results of used where one or more of the following
of Redetermination Pursuant to Remand Antidumping Duty Administrative conditions is a factor in designing the
(‘‘Remand III’’), the Department did not Review and Notice of Intent To Rescind piping system: (1) Corrosion of the

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73728 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices

piping system will occur if material appended to this notice. The Decision Taiwan entered, or withdrawn from
other than stainless steel is used; (2) Memorandum is on file in the Central warehouse, for consumption on or after
contamination of the material in the Records Unit in room B–099 of the main the publication date of these final
system by the system itself must be Commerce building, and can also be results, as provided by section 751(a) of
prevented; (3) high temperatures are accessed directly on the Web at http:// the Act: (1) For the companies covered
present; (4) extreme low temperatures The paper copy and by this review, the cash deposit rate will
are present; and (5) high pressures are electronic version of the public version be the rate listed above; (2) for
contained within the system. Pipe of the Decision Memorandum are merchandise exported by producers or
fittings come in a variety of shapes, with identical in content. exporters not covered in this review but
the following five shapes the most basic: covered in the investigation, the cash
Changes Since the Preliminary Results
‘‘elbows,’’ ‘‘tees,’’ ‘‘reducers,’’ ‘‘stub deposit rate will continue to be the
ends,’’ and ‘‘caps.’’ The edges of Based on our analysis of the company–specific rate from the most
finished pipe fittings are beveled. comments received, we have made a recent review; (3) if the exporter is not
Threaded, grooved, and bolted fittings correction to direct selling expenses, by a firm covered in this review, a prior
are excluded from this review. The pipe including the expenses reported in the review, or the investigation, but the
fittings subject to this review are field REPACKU in the calculation of producer is, the cash deposit rate will be
classifiable under subheading U.S. direct selling expenses. See the that established for the most recent
7307.23.00 of the Harmonized Tariff Decision Memorandum at Comment 5. period for the producer of the
Schedule of the United States Final Results of Review merchandise; and (4) the cash deposit
(‘‘HTSUS’’). Although the HTSUS rate for all other producers or exporters
subheading is provided for convenience As a result of our review, we
determine that the following weighted– will be 51.01 percent, the ‘‘All Others’’
and customs purposes, our written rate established in the less–than-fair–
description of the scope of this review average margins exists for the period
June 1, 2003, through May 31, 2004: value investigation. These deposit
is dispositive. Pipe fittings requirements shall remain in effect until
manufactured to American Society of publication of the final results of the
Testing and Materials specification Manufacturer/Exporter Margin next administrative review.
A774 are included in the scope of this (Percentage)
order. Notification of Interested Parties
Ta Chen Stainless Pipe This notice also serves as a final
Partial Rescission of Review Co., Ltd ..................... 2.32 reminder to importers of their
In the Preliminary Results, the Tru–Flow Industrial Co.,
responsibility under 19 CFR 351.402 (f)
Department issued a notice of intent to Ltd ............................. 152.40
to file a certificate regarding the
rescind the review with respect to Liang reimbursement of antidumping duties
Feng Stainless Steel Fitting Co., Ltd. Assessment Rates
prior to liquidation of the relevant
(‘‘Liang Feng’’) and PFP Taiwan Co., The Department will determine, and entries during this review period.
Ltd. (‘‘PFP’’) because we found that both U.S. Customs and Border Protection Failure to comply with this requirement
had no entries of subject merchandise (‘‘CBP’’) shall assess, antidumping could result in the Secretary’s
during the POR. See Preliminary Results duties on all appropriate entries, presumption that reimbursement of
at 39737. The Department received no pursuant to section 751(a)(1)(B) of the antidumping duties occurred, and in the
comments on this issue and we Act and 19 CFR 351.212(b). The subsequent assessment of double
continue to find that rescission of the Department calculated importer– antidumping duties.
review of Liang Feng and PFP is specific duty assessment rates on the This notice also is the only reminder
appropriate. Therefore, the Department basis of the ratio of the total amount of to parties subject to administrative
is rescinding the review with respect to antidumping duties calculated for the protective order (‘‘APO’’) of their
Liang Feng and PFP. examined sales to the total entered responsibility concerning the return or
value of the examined sales for that destruction of proprietary information
Duty Absorption
importer. Where the assessment rate is disclosed under APO in accordance
In these final results, we continue to above de minimis, we will instruct CBP with 19 CFR 351.305. Timely written
find duty absorption because Ta Chen to assess duties on all entries of subject notification of the return/destruction of
and Tru–Flow provided no evidence on merchandise produced by Ta Chen and APO materials or conversion to judicial
the record showing that their Tru–Flow. Antidumping duties for the protective order is hereby requested.
unaffiliated purchasers will pay the full rescinded companies, Liang Feng and Failure to comply with the regulations
duty ultimately assessed on the subject PFP, shall be assessed at rates equal to and the terms of an APO is a
merchandise. (See Preliminary Results the cash deposit of estimated sanctionable violation.
at 39737, 39738.) antidumping duties required at the time We are issuing and publishing these
Analysis of Comments Received of entry, or withdrawal from warehouse, results and notice in accordance with
for consumption, in accordance with 19 sections 751(a)(1) and 777(i)(1) of the
All issues raised in the case briefs, as CFR 351.212(c)(1)(I). The Department Act.
well as the Department’s findings, in will issue appropriate assessment
this administrative review are addressed Dated: December 6, 2005.
instructions directly to CBP within 15
in the Issues and Decision days of publication of these final results Joseph A. Spetrini,
Memorandum for the Administrative of review. Acting Assistant Secretary for Import
Review of Stainless Steel Butt–Weld Administration.
Pipe Fittings from Taiwan (‘‘Decision Cash Deposit Requirements
Appendix — Issues in Decision
Memorandum’’), dated December 6, The following deposit requirements Memorandum
2005, which is hereby adopted by this will be effective upon publication of the
notice. A list of the issues raised and to final results of this administrative ISSUES RELATING TO TA CHEN
which we have responded, all of which review for all shipments of stainless Comment 1: Affiliations
are in the Decision Memorandum, is steel butt–weld pipe fittings from Comment 2: CEP Offset

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Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices 73729

Comment 3: Date of Sale 482–2657, (202) 482–1121 or (202) 482– 7219.34.0025, 7219.34.0030,
Comment 4: U.S. Inventory Carrying 0649, respectively. 7219.34.0035, 7219.35.0005,
Costs SUPPLEMENTARY INFORMATION: 7219.35.0015, 7219.35.0030,
7219.35.0035, 7219.90.0010,
Comment 5: Repacking Expenses Background 7219.90.0020, 7219.90.0025,
Comment 6: Bonuses and Cost of On August 8, 2005, the Department of 7219.90.0060, 7219.90.0080,
Production Commerce published the preliminary 7220.12.1000, 7220.12.5000,
results of administrative review of the 7220.20.1010, 7220.20.1015,
antidumping order covering stainless 7220.20.1060, 7220.20.1080,
Comment 7: Sales by Other Companies steel sheet and strip in coils from 7220.20.6005, 7220.20.6010,
of Fittings Produced by Tru–Flow Germany. See Preliminary Results. In 7220.20.6015, 7220.20.6060,
[FR Doc. E5–7278 Filed 12–12–05; 8:45 am] the Preliminary Results we invited 7220.20.6080, 7220.20.7005,
BILLING CODE 3510–DS–P parties to provide comments. In 7220.20.7010, 7220.20.7015,
response, the Department received case 7220.20.7060, 7220.20.7080,
briefs from ThyssenKrupp Nirosta 7220.20.8000, 7220.20.9030,
DEPARTMENT OF COMMERCE GmbH, ThyssenKrupp VDM GmbH 7220.20.9060, 7220.90.0010,
(TKVDM), ThyssenKrupp Nirosta 7220.90.0015, 7220.90.0060, and
International Trade Administration Präzisionsband GmbH (TKNP), and their 7220.90.0080. Although the HTSUS
(A–428–825) various affiliates (collectively, TKN) and subheadings are provided for
from Allegheny Ludlum, North convenience and customs purposes, the
Stainless Steel Sheet and Strip in Coils American Stainless, Local 3303 United Department’s written description of the
From Germany; Notice of Final Results Auto Workers, United Steelworkers of merchandise under this order is
of Antidumping Duty Administrative America, AFL–CIO/CLC, and Zanesville dispositive.
Review Armco Independent Organization Excluded from the scope of the order
(collectively, Petitioners) on September are the following: (1) Sheet and strip
AGENCY: Import Administration, 7, 2005. Petitioners submitted a rebuttal that is not annealed or otherwise heat
International Trade Administration, brief on September 14, 2005. TKN did treated and pickled or otherwise
Department of Commerce. not submit a rebuttal brief. descaled, (2) sheet and strip that is cut
ACTION: Notice of Final Results of to length, (3) plate (i.e., flat–rolled
Antidumping Duty Administrative Scope of the Order
stainless steel products of a thickness of
Review. The products covered by this order 4.75 mm or more), (4) flat wire (i.e.,
are certain stainless steel sheet and strip cold–rolled sections, with a prepared
SUMMARY: On August 8, 2005, the in coils. Stainless steel is an alloy steel edge, rectangular in shape, of a width of
Department of Commerce (the containing, by weight, 1.2 percent or not more than 9.5 mm), and (5) razor
Department) published the preliminary less of carbon and 10.5 percent or more blade steel. Razor blade steel is a flat–
results of administrative review of the of chromium, with or without other rolled product of stainless steel, not
antidumping duty order covering elements. The subject sheet and strip is further worked than cold–rolled (cold-
stainless steel sheet and strip in coils a flat–rolled product in coils that is reduced), in coils, of a width of not
from Germany. See Stainless Steel Sheet greater than 9.5 mm in width and less more than 23 mm and a thickness of
and Strip in Coils from Germany; Notice than 4.75 mm in thickness, and that is 0.266 mm or less, containing, by weight,
of Preliminary Results of Antidumping annealed or otherwise heat treated and 12.5 to 14.5 percent chromium, and
Duty Administrative Review, 70 FR pickled or otherwise descaled. The certified at the time of entry to be used
45682 (August 8, 2005) (Preliminary subject sheet and strip may also be in the manufacture of razor blades. See
Results). The merchandise covered by further processed (e.g., cold–rolled, chapter 72 of the HTSUS, ‘‘Additional
this order is stainless steel sheet and polished, aluminized, coated, etc.) U.S. Note’’ 1(d).
strip in coils as described in the ‘‘Scope provided that it maintains the specific
of the Order’’ section of this notice. The Flapper valve steel is also excluded
dimensions of sheet and strip following from the scope of the order. This
period of review (POR) is July 1, 2003 such processing. The merchandise
through June 30, 2004. We invited product is defined as stainless steel strip
subject to this order is currently in coils containing, by weight, between
parties to comment on our Preliminary classifiable in the Harmonized Tariff
Results. Based on our analysis of the 0.37 and 0.43 percent carbon, between
Schedule of the United States (HTSUS) 1.15 and 1.35 percent molybdenum, and
comments received, we have made at subheadings: 7219.13.0031,
changes to the margin calculation. between 0.20 and 0.80 percent
7219.13.0051, 7219.13.0071, manganese. This steel also contains, by
Therefore, the final results differ from 7219.1300.81 1, 7219.14.0030,
the preliminary results. The final weight, phosphorus of 0.025 percent or
7219.14.0065, 7219.14.0090, less, silicon of between 0.20 and 0.50
weighted–average dumping margin for 7219.32.0005, 7219.32.0020,
the reviewed firm is listed below in the percent, and sulfur of 0.020 percent or
7219.32.0025, 7219.32.0035, less. The product is manufactured by
section entitled ‘‘Final Results of the 7219.32.0036, 7219.32.0038,
Review.’’ means of vacuum arc remelting, with
7219.32.0042, 7219.32.0044, inclusion controls for sulphide of no
EFFECTIVE DATE: December 13, 2005. 7219.33.0005, 7219.33.0020, more than 0.04 percent and for oxide of
FOR FURTHER INFORMATION CONTACT: 7219.33.0025, 7219.33.0035, no more than 0.05 percent. Flapper
Deborah Scott, Tyler Weinhold, or 7219.33.0036, 7219.33.0038, valve steel has a tensile strength of
Robert James, AD/CVD Operations, 7219.33.0042, 7219.33.0044, between 210 and 300 ksi, yield strength
Office 7, Import Administration, 7219.34.0005, 7219.34.0020, of between 170 and 270 ksi, plus or
International Trade Administration, 1 Due to changes to the HTS numbers in 2001,
minus 8 ksi, and a hardness (Hv) of
U.S. Department of Commerce, 14th 7219.13.0030, 7219.13.0050, 7219.13.0070, and
between 460 and 590. Flapper valve
Street and Constitution Avenue, NW., 7219.13.0080 are now 7219.13.0031, 7219.13.0051, steel is most commonly used to produce
Washington, DC 20230, telephone: (202) 7219.13.0071, and 7219.13.0081, respectively. specialty flapper valves in compressors.

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