FINAL DETERMINATION AND DUMPING ORDER FOR SS BUTT-WELD PIPE FITTINGS FROM THE PHILLIPINES (A-565-801)

MESSAGE NO: 2219201 DATE: 08 07 2002 CATEGORY: ADA TYPE: FNO REFERENCE: REFERENCE DATE: CASES: A - 565 - 801 - - - - - - - - - - PERIOD COVERED: 02 23 2001 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: FINAL DETERMINATION AND DUMPING ORDER FOR SS BUTT-WELD PIPE FITTINGS FROM THE PHILLIPINES (A-565-801) 1. ON 02/23/2001, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF STAINLESS STEEL BUTT-WELD PIPE FITTINGS FROM THE PHILIPPINES. IT PUBLISHED ITS FINAL DETERMINATION ON 12/27/2000. 2. FOR PURPOSES OF THIS INVESTIGATION, THE PRODUCT COVERED IS CERTAIN STAINLESS STEEL BUTT-WELD PIPE FITTINGS. CERTAIN STAINLESS STEEL BUTT-WELD 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 THESE INVESTIGATIONS 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. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-565-801. 4. THE U.S. INTERNATIONAL TRADE COMMISSION (ITC) DETERMINED THAT CRITICAL CIRCUMSTANCES DO NOT EXIST WITH RESPECT TO SUBJECT IMPORTS FROM THE PHILIPPINES. AS A RESULT OF THE COMMISSION'S NEGATIVE CRITICAL CIRCUMSTANCES DETERMINATION, THE CUSTOMS SERVICE WILL REFUND ALL CASH DEPOSITS AND RELEASE ALL BONDS COLLECTED ON STAINLESS STEEL BUTT-WELD PIPE FITTINGS FROM THE PHILIPPINES ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 05/04/2000 AND BEFORE 08/02/2000. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY. FOR IMPORTS OF STAINLESS STEEL BUTT-WELD PIPE FITTINGS FROM THE PHILIPPINES, THE CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 08/02/2000. EFFECTIVE 12/27/2000, FOR SUCH ENTRIES, CUSTOMS SHALL REQUIRE A CASH DEPOSIT OR THE POSTING OF A BOND THAT IS EQUAL TO THE MARGINS SHOWN BELOW. EFFECTIVE 02/23/2001, CUSTOMS SHALL REQUIRE A CASH DEPOSIT THAT IS EQUAL TO THE MARGINS SHOWN BELOW. MFR/PRODUCER CUSTOMS ID MARGIN EXPORTER NUMBERS PERCENTAGE ENLIN STEEL CORPORATION A-565-801-001 33.81 TUNG FONG INDUSTRIAL CO. A-565-801-002 33.81 ALL OTHERS A-565-801-000 33.81 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT FRED BAKER, OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-2924. 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA