AD: Philippines Stainless Steel Butt-Weld Pipe Fittings
The International Trade Administration (ITA) has issued a notice stating that on March 23, 2005 the Court of International Trade (CIT) affirmed the ITA's redetermination on remand (redetermination) of the final AD duty determination with respect to stainless steel butt-weld pipe fittings from Philippines.
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(The CIT issued this ruling with respect to Tung Fong Industrial Co., Inc. (Tung Fong) v. U.S. (Slip Op. 05-39), a lawsuit challenging the ITA's final AD duty determination of subject merchandise from Philippines.)
The ITA states that its remand results were filed in accordance with the CIT's orders that the ITA (1) reconsider the adequacy of the domestic manufacturers' petition, and the consequence of the falsity of their allegations of home market sales by Tung Fong; and (2) reconsider its decision to resort to facts available in calculating Tung Fong's AD margin (and, if appropriate, to reevaluate the particular adverse facts available it selected).
ITA's Redetermination Results in Recalculated AD Margin for Tung Fong
According to the ITA, as a result of the final results of its redetermination, it is now amending the final affirmative AD duty determination to reflect a weighted-average AD margin of 7.59% for Tung Fong for the October 1, 1998 through September 30, 1999 period of investigation.
New AD Cash Deposit Rates for Tung Fong and "All Others"
The ITA states it will instruct U.S. Customs and Border Protection (CBP) to require an AD cash deposit of 7.59% for all entries of subject merchandise manufactured by Tung Fong beginning April 2, 2005.
Furthermore, the ITA states that because the AD margin it assigned to the "all others" rate in its final affirmative AD duty determination was based upon the AD margin calculated for Tung Fong, it will also instruct CBP that the same cash deposit requirements are applicable to "all others" as are applicable to Tung Fong.
(According to the ITA, no entries were enjoined during the pendency of this litigation, and no reviews of entries by any party have been requested or conducted since the AD duty investigation.)
(See ITA's notice for more information, etc. See ITT's Online Archives or 12/28/00 and 02/26/01 news, 00122740 and 01022320, for BP summary of the final affirmative AD duty determination for subject merchandise from Philippines and the AD duty order, respectively.)
ITA Contact - Fred Baker (202) 482-2924
ITA Notice (FR Pub 05/25/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-2601.pdf