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67444 Federal Register / Vol. 70, No.

214 / Monday, November 7, 2005 / Notices

instructions for the companies subject to Notification to Importers FOR FURTHER INFORMATION CONTACT:
this review directly to CBP within 15 This notice also serves as a Michael J. Heaney or Robert James, AD/
days of publication of the final results preliminary reminder to importers of CVD Operations, Office 7, Import
of this review. their responsibility under 19 CFR Administration, International Trade
With respect to Agro Dutch, we 351.402(f) to file a certificate regarding Administration, U.S. Department of
intend to calculate importer–specific the reimbursement of antidumping Commerce, 14th Street and Constitution
assessment rates for the subject Avenue, NW, Room 7866, Washington,
duties prior to liquidation of the
merchandise by aggregating the DC 20230; telephone: (202) 482–4475 or
relevant entries during this review
dumping margins calculated for all of (202) 482–0649, respectively.
period. Failure to comply with this
the U.S. sales examined and dividing requirement could result in the SUPPLEMENTARY INFORMATION:
this amount by the total entered value Secretary’s presumption that Background
of the sales examined. We will instruct reimbursement of antidumping duties
CBP to assess antidumping duties on all On February 23, 1993, the Department
occurred and the subsequent assessment published the antidumping duty order
appropriate entries covered by this of double antidumping duties.
review if any importer–specific on stainless steel butt weld pipe fittings
This administrative review and notice from Korea. See Antidumping Duty
assessment rate calculated in the final are published in accordance with
results of this review is above de Order: Certain Stainless Steel Butt Weld
sections 751(a)(1) and 777(i)(1) of the Pipe Fittings from Korea, 58 FR 11029
minimis (i.e., at or above 0.50 percent). Act and 19 CFR 351.221.
See 19 CFR 351.106(c)(1). The final (February 23, 1993). On February 28,
results of this review shall be the basis Dated: October 31, 2005. 2005, SKBC requested an administrative
for the assessment of antidumping Joseph A. Spetrini, review of the antidumping duty order
duties on entries of merchandise Acting Assistant Secretary for Import on stainless steel butt- weld pipe fittings
covered by the final results of this Administration. from Korea in response to the
review and for future deposits of [FR Doc. 05–22142 Filed 11–4–05; 8:45 am] Department’s notice of opportunity to
estimated duties, where applicable. BILLING CODE 3510–DS–S request a review published in the
Federal Register. The Department
Cash Deposit Requirements initiated the review for SKBC on March
DEPARTMENT OF COMMERCE 23, 2005. See Initiation of Antidumping
The following cash deposit
and Countervailing Duty Administrative
requirements will be effective for all International Trade Administration Reviews and Requests for Revocation in
shipments of the subject merchandise
Part, 70 FR 14643 (March 23, 2005).
entered, or withdrawn from warehouse, A–580–813 On March 31, 2005, the Department
for consumption on or after the issued sections A, B, and C of the
publication date of the final results of Stainless Steel Butt–Weld Pipe Fittings antidumping questionnaire to SKBC.
this administrative review, as provided from Korea: Preliminary Results of SKBC filed its response to section A of
by section 751(a)(1) of the Act: (1) the Antidumping Duty Administrative our questionnaire on May 9, 2005. On
cash deposit rate for the reviewed Review May 27, 2005, SKBC filed its response
company will be that established in the to sections B and C of our questionnaire.
final results of this review, except if the AGENCY: Import Administration,
International Trade Administration, The Department issued a supplemental
rate is less than 0.50 percent, and questionnaire to SKBC on July 25, 2005.
therefore, de minimis within the Department of Commerce.
SUMMARY: In response to a request by
SKBC filed its response to this
meaning of 19 CFR 351.106(c)(1), in questionnaire on August 16, 2005.
which case the cash deposit rate will be Sungkwang Bend Company Ltd. (SKBC),
zero; (2) for previously reviewed or the Department of Commerce (the Scope of the Order
investigated companies not listed above, Department) is conducting an The products covered by this order
the cash deposit rate will continue to be administrative review of the are certain welded stainless steel butt–
the company–specific rate published for antidumping duty order of stainless weld pipe fittings (pipe fittings),
the most recent period; (3) if the steel butt–weld pipe fittings from Korea. whether finished or unfinished, under
exporter is not a firm covered in this The review covers one firm, SKBC. The 14 inches in inside diameter.
review, a prior review, or the original period of review (POR) is February 1, Pipe fittings are used to connect pipe
less–than-fair–value (LTFV) 2004, through January 31, 2005. sections in piping systems where
investigation, but the manufacturer is, We preliminarily determine that sales conditions require welded connections.
the cash deposit rate will be the rate of stainless steel butt–weld pipe fittings The subject merchandise can be used
established for the most recent period from Korea have not been made below where one or more of the following
for the manufacturer of the normal value (NV) for SKBC. If these conditions is a factor in designing the
merchandise; and (4) the cash deposit preliminary results are adopted in our piping system: (1) corrosion of the
rate for all other manufacturers or final results of administrative review, piping system will occur if material
exporters will continue to be 11.30 we will instruct Customs and Border other than stainless steel is used; (2)
percent, the ‘‘All Others’’ rate made Protection (CBP) to not assess contamination of the material in the
effective by the LTFV investigation (see antidumping duties based on the system by the system itself must be
Notice of Amendment of Final difference between constructed export prevented; (3) high temperatures are
Determination of Sales at Less Than price (CEP) and NV. Interested parties present; (4) extreme low temperatures
Fair Value and Antidumping Duty are invited to comment on these are present; (5) high pressures are
Order: Certain Preserved Mushrooms preliminary results. Parties who submit contained within the system.
From India, 64 FR 8311 (February 19, arguments in this proceeding are Pipe fittings come in a variety of
1999)). These requirements, when requested to also submit: 1) a statement shapes, and the following five are the
imposed, shall remain in effect until of the issues, 2) a brief summary of the most basic: ‘‘elbows,’’ ‘‘tees,’’
publication of the final results of the argument, and 3) a table of authorities. ‘‘reducers,’’ ‘‘stub ends,’’ and ‘‘caps.’’
next administrative review. EFFECTIVE DATE: November 7, 2005. The edges of finished fittings are

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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices 67445

beveled. Threaded, grooved, and bolted comparison–market sales are at a provided marketing further down the
fittings are excluded from this review. different LOT and the difference affects chain of distribution by providing
The pipe fittings subject to this review price comparability, as manifested in a certain downstream selling functions
are classifiable under subheading pattern of consistent price differences that are normally performed by service
7307.23.00 of the Harmonized Tariff between the sales on which NV is based centers in the U.S. market (e.g.,
Schedule of the United States (HTSUS). and comparison–market sales at the technical advice, credit and collection,
Although the HTSUS subheading is LOT of the export transaction, we make etc.). See id.
provided for convenience and customs an LOT adjustment under section Based on our analysis of the record
purposes, our written description of the 773(a)(7)(A) of the Act. Finally, for CEP evidence on selling functions performed
scope of this order is dispositive. sales, if the NV level is more remote for the CEP LOT and the home market
from the factory than the CEP level and LOT, we determined the CEP and the
Product Comparison starting price of home market sales
there is no basis for determining
In accordance with section 771(16) of whether the difference in the levels represent different stages in the
the Tariff Act of 1930, as amended (the between NV and CEP affects price marketing process, and are thus at
Act), we considered all stainless steel comparability, we adjust NV under different LOTs within the meaning of 19
butt–weld pipe fittings covered by the section 773(a)(7)(B) of the Act (the CEP– CFR § 351.412. Therefore, when we
‘‘Scope of the Antidumping Duty offset provision). See Final compared CEP sales to home market
Order’’ section of this notice, supra, Determination of Sales at Less Than sales, we examined whether an LOT
which were produced and sold by SKBC Fair Value: Certain Cut–to-Length adjustment may be appropriate. In this
in the home market during the POR to Carbon Steel Plate from South Africa, case, SKBC sold at one LOT in the home
be foreign like products for the purpose 62 FR 61731, 61732–33 (November 19, market; thus, there is no basis upon
of determining appropriate product 1997). which to determine whether there is a
comparisons to U.S. sales of stainless SKBC reported one LOT in the home pattern of consistent price differences
steel butt–weld pipe fittings. market, and contended that home between LOTs. Thus, while SKBC
We relied on five characteristics to market sales to distributors and end– cooperated to the best of its ability, the
match U.S. sales of subject merchandise users were made at the same LOT. (See data available do not provide an
to comparison sales of the foreign like SKC May 9, 2005, response, at appendix appropriate basis to determine whether
product: type, grade, seam, size, and A–3.) In its May 9, 2005, response, the difference in level of trade affected
schedule. Where there were no sales of SKBC indicated that it performed price comparability. Further, we do not
identical merchandise in the home similar levels of sales support (i.e., have the information which would
market to compare to the U.S. sales, we customer correspondence, order review allow us to examine pricing patterns of
compared U.S. sales to the next most and approval, customer assistance, SKBC’s sales of other similar products,
similar foreign like product on the basis technical advice, and freight and and there are no other respondents or
of the physical characteristics and delivery arrangement) on its home– other record evidence on which such an
reporting instructions listed in the market sales to distributors and to end– analysis could be based.
antidumping questionnaire. We users. We analyzed the information Because the data available do not
performed a difference in merchandise submitted by SKBC and determined that provide an appropriate basis for making
(DIFMER) test to ensure that all one LOT exists for SKBC’s sales in the an LOT adjustment and the LOT of
comparison matches had no more than home market. We also examined the home market sales is at a more
a twenty percent difference in variable CEP LOT (i.e., the constructed sale from advanced stage than the LOT of the CEP
cost of manufacture to the merchandise SKBC to its U.S. affiliate, Sungkwang sales, a CEP offset is appropriate in
sold in the United States. See 19 CFR Bend America (SKBA)) and found that accordance with section 773(a)(7)(B) of
§ 351.411(b) and Import Administration SKBC’s U.S. sales were made at the the Act, as claimed by SKBC. We based
Policy Bulletin, No., 92.2 (July 29, same LOT. the amount of the CEP offset on the
1992). Moreover, the HM LOT is more amount of home market indirect selling
advanced in the chain of distribution expenses, and limited the deduction for
Level of Trade than the CEP LOT. In its May 9, 2005, home market indirect selling expenses
In accordance with section response, SKBC indicated that SKBA to the amount of indirect selling
773(a)(1)(B)(i) of the Act, to the extent performed many of the same selling expenses deducted from CEP in
practicable, we determine NV based on functions on SKBC’s CEP sales that accordance with section 772(d)(1)(D) of
sales in the home market at the same SKBC performed on its home market the Act. We applied the CEP offset to
level of trade (LOT) as export price (EP) sales. We compared the CEP LOT (after NV, whether based on home market
or the CEP. The NV LOT is that of the deductions made pursuant to section prices or CV.
starting–price sales in the home market 772(d) of the Act) to the home market
or, when NV is based on constructed LOT. We determined that there were Comparisons
value (CV), that of the sales from which fewer services such as customer To determine whether sales of subject
we derive selling, general and correspondence, order review and merchandise made by SKBC were made
administrative (SG&A) expenses and approval, post sales service/warranties, at less than fair value, we compared the
profit. For CEP, it is the level of the technical advice, advertising, freight CEP to the NV as described below.
constructed sale from the exporter to an delivery arrangement, credit services Pursuant to section 777A(d)(2) of the
affiliated importer after the deductions and import document clearance, Act, we compared the CEP of individual
required under section 772(d) of the performed by SKBC on its CEP LOT U.S. transactions to the monthly
Act. than on SKBC’s home market LOT. See weight–averaged NV of the foreign like
To determine whether NV sales are at id. In addition, the differences in selling product.
a different LOT than CEP, we examine functions performed for home market
stages in the marketing process and and CEP LOTs indicate that the home Export Price and Constructed Export
selling functions along the chain of market LOT involved a more advanced Price
distribution between the producer and stage of distribution than the CEP LOT. Section 772(b) of the Act defines CEP
the unaffiliated customer. If the See id. In the home market LOT, SKBC as ‘‘the price at which the subject

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67446 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices

merchandise is first sold (or agreed to be the Act. In accordance with section the date of publication of this notice.
sold) in the United States before or after 773(a)(6)(C)(iii) of the Act and 19 CFR See 19 CFR § 351.309(d)(2). Parties who
the date of importation by or for the § 351.410, we made circumstance of sale submit arguments in these proceedings
account of the producer or exporter of adjustments for imputed credit, are requested to submit with the
such merchandise or by a seller warranty, bank charges, and technical argument: 1) a statement of the issue, 2)
affiliated with the producer or exporter, service expenses. In addition, we made a brief summary of the argument, and 3)
to a purchaser not affiliated with the adjustments for differences in cost a table of authorities. Further, parties
producer or exporter . . .’’ as adjusted attributable to differences in the submitting case briefs, rebuttal briefs,
under subsections (c) and (d). For physical characteristics of the and written comments are requested to
purposes of this administrative review, merchandise (i.e., DIFMER adjustments) provide the Department with an
SKBC classified all of its U.S. sales as pursuant to section 773(a)(6)(C)(ii) of additional copy of the public version of
CEP transactions. Based on the record the Act and 19 CFR § 351.410. We also any such argument on diskette. The
evidence, we preliminarily determine made an adjustment, in accordance with Department will issue final results of
that SKBC’s U.S. sales through its U.S. 19 CFR § 351.410(e), for indirect selling this administrative review, including
affiliate, SKBA, were made ‘‘in the expenses incurred in the home market the results of our analysis of the issues
United States’’ within the meaning of where commissions were granted on in any such case briefs, rebuttal briefs,
section 772(b) of the Act, and thus have sales in the United States. As noted in and written comments, or at a hearing,
been appropriately classified by SKBC the ‘‘Level of Trade’’ section of this within 120 days of publication of these
as CEP transactions. notice, we also made an adjustment for preliminary results.
We based CEP on packed prices to the CEP offset in accordance with
unaffiliated purchasers in the United Assessment Rates and Cash Deposit
section 773(a)(7)(B) of the Act. Finally,
States. We also made deductions for Requirements
we deducted home market packing costs
movement expenses in accordance with and added U.S. packing costs in Pursuant to 19 CFR 351.212(b), the
section 772(c)(2)(A) of the Act; these accordance with section 773(a)(6) of the Department calculates an assessment
included foreign inland freight, Act. rate for each importer of the subject
international freight, marine insurance, merchandise for each respondent. Upon
brokerage charges, U.S. inland freight Currency Conversion issuance of the final results of this
and U.S. customs duties. As further We made currency conversions into administrative review, if any importer–
directed by section 772(d)(1) of the Act, U.S. dollars based on the exchange rates specific assessment rates calculated in
we deducted those selling expenses in effect on the dates of the U.S. sales the final results are above de minimis
associated with economic activities as certified by the Federal Reserve Bank, (i.e., at or above 0.5 percent), the
occurring in the United States, in accordance with section 773A(a) of Department will issue appraisement
including billing adjustments and direct the Act. instructions directly to U.S. Customs
selling expenses (i.e., credit expenses, and Border Protection (CBP) to assess
Preliminary Results of Review
technical service expenses, and bank antidumping duties on appropriate
charges), inventory carrying costs, and As a result of our review, we entries.
other indirect selling expenses. We also preliminarily find the weighted–average To determine whether the duty
made an adjustment for profit in dumping margin for the period February assessment rates covering the period
accordance with section 772(d)(3) of the 1, 2004, through January 31, 2005, to be were de minimis, in accordance with
Act. as follows: the requirement set forth in 19 CFR
§ 351.106(c)(2), for each respondent we
Normal Value Weighted calculate importer (or customer)-specific
Average
In accordance with section Manufacturer / Exporter Margin ad valorem rates by aggregating the
773(a)(1)(C) of the Act, to determine (percent- dumping margins calculated for all U.S.
whether there was sufficient volume of age) sales to that importer (or customer) and
sales in the home market to serve as a dividing this amount by the total value
viable basis for calculating NV (i.e., the Sungkwang Bend Company Ltd. of the sales to that importer (or
aggregate volume of home market sales (SKBC) .................................... 0.17 customer). Where an importer (or
of the foreign like product is greater customer)-specific ad valorem rate is
than or equal to five percent of the Public Comment greater than de minimis, and the
aggregate volume of U.S. sales), we The Department will disclose respondent has reported reliable entered
compared SKBC’s volume of home calculations performed within five days values, we apply the assessment rate to
market sales of the foreign like product of the date of publication of this notice the entered value of the importer’s/
to the volume of U.S. sales of the subject in accordance with 19 CFR § 351.224(b). customer’s entries during the review
merchandise. Because SKBC’s aggregate An interested party may request a period. Where an importer (or
volume of home market sales of the hearing within 30 days of publication. customer)- specific ad valorem rate is
foreign like product was greater than See 19 CFR § 351.310(c). Any hearing, if greater than de minimis and we do not
five percent of its aggregate volume of requested, will be held 37 days after the have entered values, we calculate a per–
U.S. sales for the subject merchandise, date of publication, or the first business unit assessment rate by aggregating the
we determined that the home market day thereafter, unless the Department dumping duties due for all U.S. sales to
was viable. We therefore based NV on alters the date pursuant to 19 CFR each importer (or customer) and
home market sales to unaffiliated § 351.310(d). Interested parties may dividing this amount by the total
purchasers made in the usual submit case briefs or written comments quantity sold to the importer (or
commercial quantities and in the no later than 30 days after the date of customer).
normal course of trade. publication of these preliminary results The Department will issue
We made adjustments, where of review. Rebuttal briefs and rebuttals appropriate assessment instructions
applicable, for movement expenses to written comments, limited to issues directly to CBP within 15 days of
(consisting of inland freight) in raised in the case briefs and comments, publication of the final results of this
accordance with section 773(a)(6)(B) of may be filed no later than 35 days after review. Furthermore, the following

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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices 67447

deposit requirements will be effective DEPARTMENT OF COMMERCE stainless steel wire rods from Brazil,
upon completion of the final results of France and India, pursuant to section
this administrative review for all International Trade Administration 751(c) of the Act. See Initiation of Five-
shipments of stainless steel butt–weld (A–351–819, A–427–811, A–533–808) year (‘‘Sunset’’) Reviews, 70 FR 38101
pipe fittings from Korea entered, or (July 1, 2005). The Department received
withdrawn from warehouse, for Stainless Steel Wire Rods from Brazil, a notice of intent to participate from
consumption on or after the publication France, and India; Notice of Final Carpenter Technology Corporation,
date of the final results of this Results of Five-year (Sunset) Reviews Charter Specialty Steel, and Universal &
administrative review, as provided by of Antidumping Duty Orders Alloy Products, Inc. (collectively, the
section 751(a)(1) of the Act: domestic interested parties), within the
AGENCY: Import Administration, deadline specified in 19 CFR
1) The cash deposit rate for the International Trade Administration, 351.218(d)(1)(i). The domestic
reviewed company will be the rate Department of Commerce. interested parties claimed interested
established in the final results of review SUMMARY: On July 1, 2005, the party status under section 771(9)(C) of
except if a rate is less than 0.50 percent, Department of Commerce (the the Act as U.S. producers of the
and therefore de minimis within the Department) initiated the second sunset domestic like product.
meaning of 19 CFR 351.106(c)(1) in reviews of the antidumping duty orders We received a complete substantive
which case the cash deposit rate will be on stainless steel wire rods from Brazil, response to the notice of initiation from
zero; France and India, pursuant to section the domestic interested parties within
2) For any previously reviewed or 751(c) of the Tariff Act of 1930, as the 30-day deadline specified in 19 CFR
investigated company not listed above, amended (the Act). On the basis of 351.218(d)(3)(i). We received no
the cash deposit rate will continue to be notices of intent to participate and responses from respondent interested
the company–specific rate published in adequate substantive responses filed on parties to this proceeding. As a result,
the most recent period; behalf of the domestic interested parties pursuant to section 751(c)(3)(B) of the
and inadequate response from Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
3) If the exporter is not a firm covered
respondent interested parties, the the Department conducted expedited
in this review, a prior review, or the less
Department has conducted expedited sunset reviews of these orders.
than fair value (LTFV) investigation, but
the manufacturer is, the cash deposit sunset reviews of these antidumping Scope of the Orders
rate will be the rate established for the duty orders. As a result of these sunset
reviews, the Department finds that Imports covered by these orders are
most recent period for the manufacturer certain stainless steel wire rods (SSWR)
of the merchandise; and revocation of the antidumping duty
orders would likely lead to continuation from Brazil, France and India. SSWR are
4) If neither the exporter nor the or recurrence of dumping at the level products which are hot–rolled or hot–
manufacturer is a firm covered in this or indicated in the ‘‘Final Results of rolled annealed and/or pickled rounds,
any previous review conducted by the Reviews’’ section of this notice. squares, octagons, hexagons, or other
Department, the cash deposit rate will shapes, in coils. SSWR are made of alloy
EFFECTIVE DATE: November 7, 2005.
be the ‘‘all others’’ rate from the LTFV steels containing, by weight 1.2 percent
FOR INFORMATION CONTACT: Jacqueline or less of carbon and 10.5 percent of
investigation (21.2 percent). See Notice
Arrowsmith or Dana Mermelstein, chromium, with or without other
of Final Determination of Sales at Less
Antidumping/Countervailing Duty elements. These products are only
Than Fair Value; Certain Welded
Operations, Import Administration, manufactured by hot–rolling and
Stainless Steel Butt–Weld Pipe Fittings
International Trade Administration, normally sold in coiled form, and are
From Korea, 58 FR 11029 (February 23,
U.S. Department of Commerce, 14th solid cross-section. The majority of
1993). Street and Constitution Avenue, NW, SSWR sold in the United States are
Notice to Importers Washington, DC, 20230; telephone: round in cross-section shape, annealed
(202) 482–5255 or (202) 482–1391, and pickled. The most common size is
This notice also serves as a respectively. 5.5 millimeters in diameter.
preliminary reminder to importers of The merchandise subject to these
SUPPLEMENTARY INFORMATION:
their responsibility under 19 CFR orders is currently classifiable under
§ 351.402(f) to file a certificate regarding Background subheadings 7221.00.0005,
the reimbursement of antidumping On December 1, 1993, the Department 7221.00.0015, 7221.00.0030,
duties prior to liquidation of the published the Antidumping Duty Order: 7221.00.0045, 7221.00.0075 of the
relevant entries during this review Certain Stainless Steel Wire Rods from Harmonized Tariff Schedule of the
period. Failure to comply with this India, 58 FR 63335 (December 1, 1993). United States (HTSUS).1 The HTSUS
requirement could result in the On January 28, 1994, the Department subheadings are provided for
Secretary’s presumption that published the Antidumping Duty Order: convenience and customs purposes. The
reimbursement of antidumping duties Certain Stainless Steel Wire Rods from written description remains dispositive.
occurred and the subsequent assessment Brazil, 59 FR 4021 and the Amended
of double antidumping duties. Analysis of Comments Received
Final Determination and Antidumping
We are issuing and publishing this Duty Order: Certain Stainless Steel Wire All issues raised in these reviews are
notice in accordance with sections Rods from France, 59 FR 4022. On addressed in the Issues and Decision
751(a)(1) and 777(i)(1) of the Act. August 2, 2000, the Department 1 The merchandise subject to the scope of these

Dated: October 31, 2005.


published the Continuation of orders was originally classifiable under all of the
Antidumping Duty Orders: Stainless following HTS subheadings: 7221.00.0005,
Joseph A. Spetrini,
Steel Wire Rod from Brazil, France, and 7221.00.0015, 7221.00.0020, 7221.00.0030,
Acting Assistant Secretary for Import India, 65 FR 47403. 7221.00.0040, 7221.00.0045, 7221.00.0060,
Administration. 7221.00.0075, and 7221.00.0080. HTSUS
On July 1, 2005, the Department subheadings 7221.00.0020, 7221.00.0040,
[FR Doc. 05–22139 Filed 11–4–05; 8:45 am] initiated the second sunset reviews of 7221.00.0060, 7221.00.0080 are no longer contained
BILLING CODE 3510–DS–S the antidumping duty orders on in the HTSUS.

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