Antidumping: Welded carbon steel pipes and tubes from— India,

[Federal Register: December 1, 1998 (Volume 63, Number 230)]

[Notices]

[Page 66120-66121]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01de98-43]

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.

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 fileda 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

RSL........................................................

14.05

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. 98-31982Filed11-30-98; 8:45 am]

BILLING CODE 3510-DS-P