[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Notices]
[Pages 61578-61579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24927]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Certain Circular Welded Non-Alloy Steel Pipe From the Republic of
Korea; Preliminary Results of Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of changed circumstances
antidumping duty administrative review.
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SUMMARY: On June 16, 2002, the Department of Commerce published a
notice of initiation in the changed circumstances review of the
antidumping duty order on circular welded non-alloy steel pipe from the
Republic of Korea. As a result of this review, the Department of
Commerce preliminarily finds, for the purposes of this proceeding, that
Husteel Company, Ltd. is the successor-in-interest to Shinho Steel
Company, Ltd.
EFFECTIVE DATE: October 1, 2002.
FOR FURTHER INFORMATION CONTACT: Suresh Maniam or Scott Holland, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone (202) 482-0176 and (202) 482-1279, 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 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 351 (2002).
SUPPLEMENTARY INFORMATION:
Background:
Since the initiation of this changed circumstances review (Notice
of Initiation of Changed Circumstances Antidumping Duty Administrative
Review (``Initiation''), 67 FR 41394, June 16, 2002) the following
events have occurred:
On July 12, 2002, we issued a changed circumstances questionnaire
to Husteel requesting additional information regarding successorship.
We received a response to the questionnaire from Husteel on August 9,
2002.
Scope of the Review
The merchandise subject to this review is circular welded non-alloy
steel pipe and tube, of circular cross-section, not more than 406.4mm
(16 inches) in outside diameter, regardless of wall thickness, surface
finish (black, galvanized, or painted), or end finish (plain end,
beveled end, threaded, or threaded and coupled). These pipes and tubes
are generally known as standard pipes and tubes and are intended for
the low-pressure conveyance of water, steam, natural gas, air, and
other liquids and gases in plumbing and heating systems, air-
conditioning units, automatic sprinkler systems, and other related
uses. Standard pipe may also be used for light load-bearing
applications, such as for fence tubing, and as structural pipe tubing
used for framing and as support members for reconstruction or load-
bearing purposes in the construction, shipbuilding, trucking, farm
equipment, and other
[[Page 61579]]
related industries. Unfinished conduit pipe is also included in this
order.
All carbon-steel pipes and tubes within the physical description
outlined above are included within the scope of this review except line
pipe, oil country tubular goods, boiler tubing, mechanical tubing, pipe
and tube hollows for redraws, finished scaffolding, and finished
conduit. In accordance with the Department's Final Negative
Determination of Scope Inquiry on Certain Circular Welded Non-Alloy
Steel Pipe and Tube from Brazil, the Republic of Korea, Mexico, and
Venezuela, 61 FR 11608, (March 21, 1996), pipe certified to the API 5L
line-pipe specification and pipe certified to both the API 5L line-pipe
specifications and the less-stringent ASTM A-53 standard-pipe
specifications, which falls within the physical parameters as outlined
above, and entered as line pipe of a kind used for oil and gas
pipelines is outside of the scope of the antidumping duty order.
Imports of these products are currently classifiable under the
following Harmonized Tariff Schedule of the United States (``HTSUS'')
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90.
Although the HTSUS subheadings are provided for convenience and Customs
Service purposes, the written description of the scope of this
proceeding is dispositive.
Preliminary Results
In making successor-in-interest determinations, the Department
examines several factors including, but not limited to, changes in: (1)
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base. See, e.g., Brass Sheet and Strip from Canada; Final
Results of Antidumping Duty Administrative Review, 57 FR 20460-61 (May
13, 1992). While no single factor, or combination of factors, will
necessarily prove dispositive, the Department will generally consider
the new company to be the successor to its predecessor company if the
resulting operations are essentially the same as those of the
predecessor company. See, e.g., Id. and Industrial Phosphoric Acid from
Israel: Final Results of Changed Circumstances Review, 59 FR 6944, 6945
(February 14, 1994). Thus, if the evidence demonstrates that, with
respect to the production and sale of the subject merchandise, the new
company operates as the same business entity as its predecessor, the
Department will assign the new company the cash-deposit rate of its
predecessor.
Based on the information submitted by Husteel in its August 9,
2002, questionnaire response (``questionnaire response''), we
preliminarily determine that Husteel is the successor-in-interest to
Shinho.
Husteel previously provided documentation to support the name
change, including the minutes of the shareholders' meeting where the
name change was approved, the corporate articles before and after the
name change, court certification of the name change, and the new
business registration certificate issued by tax authorities. See
Initiation.
Subsequent to initiation, Husteel provided further documentation to
support its statement that the company's management structure,
production facilities, supplier relationships and customer base remain
unchanged. The Company organizational charts and Board of Directors did
not change. The company continues to operate two production facilities,
one at Inchon and in Daebul, Korea. Furthermore, we noted that the
product code lists for each facility, the monthly purchase transactions
by vendor, the monthly home market sales transactions by customer, for
the period of January 2002, through June 2002, were unchanged.
Based on the evidence on the record, we preliminarily find that
Husteel operates as the same business entity as Shinho. Consequently,
we preliminarily determine that Husteel should receive the same
antidumping duty cash-deposit rate (i.e., a 2.99 percent antidumping
duty cash-deposit rate) with respect to the subject merchandise as the
predecessor company, Shinho. See Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea; Amended Final Results of Antidumping
Administrative Review, 66 FR 28422, (May 23, 2001).
Public Comment
Any interested party may request a hearing within 30 days of
publication of this notice. See 19 CFR 351.310(c). Any hearing, if
requested, will be held 44 days after the date of publication of this
notice, or the first working day thereafter. Interested parties may
submit case briefs and/or written comments not later than 30 days after
the date of publication of this notice. Rebuttal briefs and rebuttals
to written comments, which must be limited to issues raised in such
briefs or comments, may be filed not later than 37 days after the date
of publication. Parties who submit arguments are requested to submit
with the argument (1) a statement of the issue, (2) a brief summary of
the argument, and (3) a table of authorities.
Consistent with section 351.216(e) of the Department's regulations,
we will issue the final results of this changed circumstances review no
later than 270 days after the date on which this review was initiated,
or within 45 days if all parties agree to our preliminary finding.
This notice is in accordance with section 751(b) of the Act.
Dated: September 25, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-24927 Filed 9-30-02; 8:45 am]
BILLING CODE 3510-DS-P
