[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7123]
[[Page Unknown]]
[Federal Register: March 25, 1994]
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DEPARTMENT OF COMMERCE
[A-427-813, A-533-811, A-508-807, A-557-808, A-580-824, A-549-809, A-
412-816, A-307-812]
Initiation of Antidumping Duty Investigations: Certain Carbon
Steel Butt-Weld Pipe Fittings From France, et al.
AGENCY: Import Administration, International Trade Administration,
Commerce.
EFFECTIVE DATE: March 25, 1994.
FOR FURTHER INFORMATION CONTACT: Steve Alley or Louis Apple, Office of
Antidumping Investigations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
5288 and 482-1769, respectively.
INITIATION OF INVESTIGATIONS:
The Petition
On February 28, 1994, we received petitions filed on behalf of the
domestic industry in proper form from the U.S. Fittings Group, an ad
hoc trade association, a majority of whose members produce the subject
merchandise. Petitioner filed supplements to the petition on March 14
and 15, 1994. In accordance with 19 CFR 353.12, petitioner alleges that
certain carbon steel butt-weld pipe fittings (pipe fittings) from
France, India, Israel, Malaysia, South Korea, Thailand (manufacturer:
Awaji Sangyo (Thailand) Co., Ltd. (AST)), the United Kingdom, and
Venezuela are being, or are likely to be, sold in the United States at
less than fair value within the meaning of section 731 of the Tariff
Act of 1930, as amended (the Act), and that these imports are
materially injuring, or threaten material injury to, a U.S. industry.
(Note: On July 6, 1992, the Commerce Department published in the
Federal Register (57 FR 29702) an antidumping duty order on pipe
fittings from Thailand. However, AST was excluded from the antidumping
order because its exports were found to have a de minimis dumping
margin. However, based on petitioner's recent allegation, we have
determined that it is appropriate to initiate a new investigation of
AST.)
Petitioner stated that it has standing to file the petition because
it represents interested parties as defined under section 771(9)(E) of
the Act, and because the petition was filed on behalf of the U.S.
industry producing the product subject to these investigations. If any
interested party, as described under paragraphs (C), (D), (E) or (F) of
section 771(9) of the Act, wishes to register support for, or
opposition to, this petition, such party should file a written
notification with the Assistant Secretary for Import Administration.
Scope of Investigations
The products covered by these investigations are certain carbon
steel butt-weld pipe fittings having an inside diameter of less than
fourteen inches (355 millimeters), imported in either finished or
unfinished condition. Pipe fittings are forged steel products used to
join pipe sections in piping systems where conditions require
permanent, welded connections, as distinguished from fittings based on
other methods of fastening (e.g., threaded, grooved, or bolted
fittings). Pipe fittings come in several basic shapes: ``elbows'',
``tees'', ``caps'', and ``reducers''. The edges of finished pipe
fittings are beveled, so that when a fitting is placed against the end
of a pipe (the ends of which have also been beveled), a shallow channel
is created to accommodate the ``bead'' of the weld which joins the
fitting to the pipe. These pipe fittings are currently classifiable
under subheading 7307.93.3000 of the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS subheading is provided for
convenience and customs purposes, our written descriptions of the scope
of these proceedings are dispositive.
United States Price and Foreign Market Value
For all countries except Venezuela, petitioner based United States
Price (USP) on price quotes obtained through the business activity of
one of its members. Such price quotes show delivered prices of butt-
weld pipe fittings to unrelated U.S. customers. Petitioner calculated
USP by subtracting movement charges and U.S. customs duties.
For Venezuela, petitioner based U.S. price on average unit values
derived from U.S. Customs import statistics.
Petitioner was unable to obtain home market or third country prices
for any of the eight countries. Therefore, in accordance with 19 CFR
353.12(b)(7), constructed value (CV) was used to calculate foreign
market value (FMV). Petitioner based the CV on the costs of one of its
members, adjusted for known differences in each country. Petitioner
then added selling, general and administrative expenses, and profit to
compute the CV.
Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that the merchandise is being, or is likely to be, sold at less
than fair value. The margins alleged by petitioners are listed below.
If it becomes necessary at a later date to consider the petitions as a
source of best information available (BIA) in any of the
investigations, we may review more thoroughly all of the bases for USP
and FMV in determining BIA.
------------------------------------------------------------------------
Alleged margins
Country (percent)
------------------------------------------------------------------------
France.............................................. 72.86 to 117.24
India............................................... 143.35 to 188.09
Israel.............................................. 63.19 to 87.05
Malaysia............................................ 140.41 to 194.70
South Korea......................................... 72.36 to 207.89
Thailand............................................ 77.67 to 175.30
United Kingdom...................................... 50.29 to 92.31
Venezuela........................................... 188.58 to 595.66
------------------------------------------------------------------------
Initiation of Investigations
We have examined the petition on pipe fittings from France, India,
Israel, Malaysia, South Korea, Thailand (manufacturer: AST), the United
Kingdom, and Venezuela and have found that it meets the requirements of
section 732(b) of the Act. Therefore, we are initiating antidumping
duty investigations to determine whether imports of pipe fittings from
France, India, Israel, Malaysia, South Korea, Thailand (manufacturer:
AST), the United Kingdom, and Venezuela are being, or are likely to be,
sold in the United States at less than fair value.
ITC Notification
Section 732(d) of the Act requires us to notify the International
Trade Commission (ITC) of this action and we have done so.
Preliminary Determination by the ITC
The ITC will determine by April 14, 1994, pursuant to section
733(a)(1) of the Act, whether there is a reasonable indication that
imports of pipe fittings from France, India, Israel, Malaysia, South
Korea, Thailand (manufacturer: AST), the United Kingdom, and Venezuela
are materially injuring, or threaten material injury to, a U.S.
industry. Pursuant to section 733(a)(2) of the Act, a negative ITC
determination will result in the respective investigation being
terminated; otherwise, the investigations will proceed according to
statutory and regulatory time limits.
This notice is published pursuant to section 732(c)(2) of the Act
and 19 CFR 353.13(b).
Dated: March 21, 1994.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-7123 Filed 3-24-94; 8:45 am]
BILLING CODE 3510-DS-P