Ta Chen Stainless Steel Pipe Co. v. United States, (2007)

Extract

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Ta Chen Stainless Steel Pipe Co. v. United States, (2007)

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UNITED STATES COURT OF INTERNATIONAL TRADE

- - - - - - - - - - - - - - - - - - - - x TA CHEN STAINLESS STEEL PIPE CO., LTD., :

Plaintiff, : v. : Consolidated UNITED STATES, Court No. 05-00094

: Defendant, -and- :

ALLOY PIPING PRODUCTS, INC. et al., :

Intervenor-Defendants. : - - - - - - - - - - - - - - - - - - - - x

Opinion & Order

[Intervenor-defendants' motion for judgment on agency record granted in part; remanded to the International Trade Administration.]

Decided: May 30, 2007

Miller & Chevalier Chartered (Peter J. Koenig and Elizabeth E. Puskar) for the plaintiff.

Peter D. Keisler, Assistant Attorney General; Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Stephen C. Tosini); and Office of the Chief Counsel for Import Administration, U.S. Department of Commerce (Kemba T. Eneas), of counsel, for the defendant.

Collier Shannon Scott, PLLC (Jeffrey S. Beckington and

David A. Hartquist) for the intervenor-defendants.

AQUILINO, Senior Judge: This case, commenced pursuant

to 19 U.S.C. §1516a(a)(2)(A), consolidates complaints

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filed by foreign manufacturer and exporter Ta Chen Stainless

Steel Pipe Co., Ltd. ("Ta Chen"), CIT No. 05-00094, and by Alloy

Piping Products, Inc.; Flowline Division of Markovitz

Enterprises, Inc.; Gerlin, Inc.; and Taylor Forge Stainless,

Inc., which comprise the domestic U.S. industry, CIT No. 05-00157, each complaint contesting certain aspects of Certain

Stainless Steel Butt-Weld Pipe Fittings From Taiwan: Final

Results and Final Rescission in Part of Antidumping Duty

Administrative Review published by the International Trade

Administration, U.S. Department of Commerce ("ITA") at 70

Fed.Reg. 1,870 (Jan. 11, 2005).

I

That agency administrative review of the ITA's

underlying antidumping-duty order, 58 Fed.Reg. 33,250 (June 16,

1993), pursuant to 19 U.S.C. §1675(a) was carried out at the

request of both sides for the period June 1, 2002 through May

31, 2003 [hereinafter the "POR"]. The goods subject to that

order are finished and unfinished pipe fittings less than 14

inches inside diameter that are typically used to connect pipe

systems where conditions require welded connections. They have

a variety of shapes, including "elbows", "tees", "reducers",

"stub ends", and "caps".

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A

The record compiled during the review includes a Ta

Chen Affiliations Memorandum1; the Preliminary Results of

Antidumping Duty Administrative Review and Notice of Intent to

Rescind in Part, 69 Fed.Reg. 40,859 (July 7, 2004); and an

Issues and Decision Memorandum for the Administrative Review of

Stainless Steel Butt-Weld Pipe Fittings from Taiwan2.

In its Section A3 response to the ITA's request for

information, Ta Chen reported that it was affiliated with Ta

Chen International ("TCI"); Ta Chen (BVI) Holdings, Ltd.; Ta-Jei

Investment Co., Ltd.; Ta Ever Investment Co., Ltd.; Ta Chen

Steel Investment Co., Ltd.; Banner Fastener, Inc.; Tension

Control Bolting, Inc.; Shiziahuang Hitai Precision Casting Co.,

Ltd.; and Ta Chen Baoding Precision Casting Co., Ltd.; the same

companies identified in Ta Chen's previous administrative

1 Intervenor-Defendants' Appendix, Tab 2 (June 29, 2004) [hereinafter the Affiliations Memorandum].

2 Id., Tab 3 (Jan. 3, 2005)[hereinafter the Decision Memorandum].

3 The Preliminary Results, 69 Fed.Reg. at 40,860 n. 1, explain that

Section A of the questionnaire requests general information concerning a company's corporate structure and business practices, the merchandise under investigation, and the manner in which the company sells that merchandise in all markets.

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review. See Affiliations Memo...

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