[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Notices]
[Pages 25205-25207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12516]
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DEPARTMENT OF COMMERCE
[C-549-501]
Certain Circular Welded Carbon Steel Pipes and Tubes From
Thailand; Preliminary Results of Countervailing Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of Countervailing Duty
Administrative Review.
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SUMMARY: The countervailing duty order on certain circular welded
carbon steel pipes and tubes from Thailand was revoked effective
January 1, 1995, pursuant to section 753 of the Tariff Act of 1930, as
amended by the Uruguay Round Agreements Act (the Act) (60 FR 40568).
The Department of Commerce (the Department) is conducting an
administrative review of this order to determine the appropriate
assessment rate for entries made during the last review period prior to
the revocation of the order (January 1, 1994, through December 31,
1994). We preliminarily determine the net subsidy to be de minimis or
zero for all companies for the period January 1, 1994 through December
31, 1994 (see ``Preliminary Results of Review'' section). If the final
results of this review remain the same as these preliminary results,
the Department intends to instruct the U.S. Customs Service to
liquidate, without regard to countervailing duties, shipments of the
subject merchandise from all companies exported on or after January 1,
1994 and entered on or before December 31, 1994. Because this order has
been revoked, the Department will not issue further instructions with
respect to cash deposits of estimated countervailing duties.
EFFECTIVE DATE: May 20, 1996.
[[Page 25206]]
FOR FURTHER INFORMATION CONTACT: Cameron Cardozo or Kelly Parkhill,
Office of Countervailing Compliance, Import Administration,
International Trade Administration, U.S. Department of Commerce, Room
B099, 14th Street and Constitution Avenue, N.W., Washington, DC 20230;
telephone (202) 482-1503 or 482-4126, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 14, 1985, the Department published in the Federal
Register (50 FR 32751) the countervailing duty order on certain
circular welded carbon steel pipes and tubes from Thailand. On August
1, 1995, the Department published a notice of ``Opportunity to Request
an Administrative Review'' (60 FR 39151) of this countervailing duty
order. We received a timely request for review from Saha Thai Steel
Pipe Co., Ltd. (Saha Thai). In accordance with section 355.22 of the
Department's Interim Regulations, this review covers only those
producers or exporters of the subject merchandise for which a review
was specifically requested (see Antidumping and Countervailing Duties:
Interim Regulations; Request for Comments, 60 FR 25130 (May 11, 1995)
(Interim Regulations). A review was requested for Saha Thai. However,
Saha Thai is affiliated with SAF Pipe Export Co., Ltd. (SAF), an export
trading company that began operations in 1993. All pipe exported by SAF
is produced by Saha Thai. Because these two companies are affiliated,
we are treating them as one corporate entity for purposes of our
calculations. Therefore, this review covers the following companies:
Saha Thai/SAF.
On November 22, 1995, we extended the period for completion of the
preliminary and final results pursuant to section 751(a)(3) of the
Tariff Act of 1930, as amended. See Extension of the Time Limit for
Certain Countervailing Duty Administrative Reviews, 60 FR 55699. As
explained in the memoranda from the Assistant Secretary for Import
Administration dated November 22, 1995, and January 11, 1996, all
deadlines were further extended to take into account the partial
shutdowns of the Federal Government from November 15 through November
21, 1995, and December 15, 1995, through January 6, 1996. Therefore,
the deadline for these preliminary results is no later than May 30,
1996, and the deadline for the final results of this review is no later
than 180 days from the publication of these preliminary results.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions of the Act in effect as of January 1,
1995. The Department is conducting this administrative review in
accordance with section 751(a) of the Act. References to the
Countervailing Duties; Notice of Proposed Rulemaking and Request for
Public Comments, 54 FR 23366 (May 31, 1989) (Proposed Regulations), are
provided solely for further explanation of the Department's
countervailing duty practice. Although the Department has withdrawn the
particular rulemaking proceeding pursuant to which the Proposed
Regulations were issued, the subject matter of these regulations is
being considered in connection with an ongoing rulemaking proceeding
which, among other things, is intended to conform the Department's
regulations to the Uruguay Round Agreements Act (URAA). See 60 FR 80
(January 3, 1995).
Scope of Review
On March 29, 1994, the Department clarified the Harmonized Tariff
Schedule (HTS) numbers that were applicable to the subject merchandise
(see Memorandum to Susan Esserman from Susan Kuhbach, available in the
Central Records Unit, Room B099, Main Commerce Building). This
clarification was necessary because of annual changes in the HTS. The
scope now reads:
Imports covered in this review are shipments of circular welded
carbon steel pipes and tubes (pipes and tubes) with an outside diameter
of 0.375 inch or more but not over 16 inches, of any wall thickness.
These products, commonly referred to in the industry as standard pipe
or structural tubing, are produced to various ASTM specifications, most
notably A-120, A-53 and A-135. During the review period, this
merchandise was classified under item numbers 7306.30.10 and 7306.30.50
of the HTS. The HTS numbers are provided for convenience and Customs
purposes. The written description remains dispositive.
Analysis of Programs
I. Programs Preliminarily Determined To Be Not Used
We examined the following programs and preliminarily determine
based on the questionnaire responses filed by the government of
Thailand and Saha Thai/SAF that Saha Thai/SAF did not apply for or
receive benefits under these programs during the review period.
A. Export Packing Credit
B. Tax Certificates for Exporters
C. Electricity Discounts for Exporters
D. Tax and Duty Exemptions Under Section 28 of the Investment
Promotion Act
E. Repurchase of Industrial Bills
F. Export Processing Zones
G. International Trade Promotion Fund/Export Promotion Fund
H. Reduced Business Taxes for Producers of Intermediate Goods for
Export Industries
I. Additional Incentives under the IPA.
Preliminary Results of Review
For the period of January 1, 1994, through December 31, 1994, we
preliminarily determine the net subsidy to be zero for Saha Thai/SAF.
In accordance with the Act, any rate less than 0.5 percent ad valorem
in an administrative review is de minimis.
The URAA replaced the general rule in favor of a country-wide rate
with a general rule in favor of individual rates for investigated and
reviewed companies. The procedures for countervailing duty cases are
now essentially the same as those in antidumping cases, except as
provided for in section 777(e)(2)(B) of the Act. Requests for
administrative reviews must now specify the companies to be reviewed.
See 19 CFR Sec. 355.22(a). The requested review will normally cover
only those companies specifically named. Pursuant to 19 CFR
Sec. 355.22(g), for all companies for which a review was not requested,
duties must be assessed at the cash deposit rate previously ordered.
Accordingly, for the period January 1 through December 31, 1994, the
assessment rates applicable to all non-reviewed companies covered by
this order are the cash deposit rates in effect at the time of entry.
If the final results of this review remain the same as these
preliminary results, the Department intends to instruct the Customs to
liquidate, without regard to countervailing duties, all shipments of
the subject merchandise from Saha Thai/SAF exported on or after January
1, 1994, and entered on or before December 31, 1994.
This countervailing duty order was subject to section 753 of the
Act. See, Countervailing Duty Order; Opportunity to Request a Section
753 Injury Investigation, 60 FR 27,963 (May 26, 1995). Because no
domestic interested parties exercised their right under section 753(a)
of the Act to request an injury investigation, the International Trade
Commission made a negative injury determination with respect to this
order, pursuant to section 753(b)(4) of the Act. As a result, the
Department
[[Page 25207]]
revoked this countervailing duty order, effective January 1, 1995,
pursuant to section 753(b)(3)(B) of the Act. Revocation of
Countervailing Duty Orders, 60 FR 40,568 (August 9, 1995). Accordingly,
the Department will not issue further instructions with respect to cash
deposits of estimated countervailing duties.
Public Comment
Interested parties may request a hearing not later than 10 days
after the date of publication of this written notice. Interested
parties may submit written arguments in case briefs on these
preliminary results within 30 days of the date of publication. Rebuttal
briefs, limited to arguments raised in case briefs, may be submitted
seven days after the time limit for filing the case brief. Parties who
submit argument in this proceeding are requested to submit with the
argument (1) a statement of the issue and (2) a brief summary of the
argument. Any hearing, if requested, will be held seven days after the
scheduled date for submission of rebuttal briefs. Copies of case briefs
and rebuttal briefs must be served on interested parties in accordance
with 19 CFR Sec. 355.38(e).
Representatives of parties to the proceeding may request disclosure
of proprietary information under administrative protective order no
later than 10 days after the representative's client or employer
becomes a party to the proceeding, but in no event later than the date
the case briefs, under 19 CFR Sec. 355.38(c), are due. The Department
will publish the final results of this administrative review including
the results of its analysis of issues raised in any case or rebuttal
brief or at a hearing.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)).
Dated: May 13, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-12516 Filed 5-17-96; 8:45 am]
BILLING CODE 3510-DS-P
