[Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
[Notices]
[Pages 31789-31790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15290]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-580-810
Certain Welded Stainless Steel Pipe from Korea; Initiation of
Changed Circumstances Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Initiation of Changed Circumstances Antidumping Duty
Administrative Review.
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SUMMARY: In response to a request from SEAH Steel Corporation (SEAH),
the Department of Commerce (the Department) is initiating a changed
circumstances antidumping duty administrative review of the antidumping
duty order on certain welded stainless steel pipe from Korea. See
Notice of Amended Final Determination and Antidumping Duty Order;
Certain Welded Stainless Steel Pipe From Korea, 60 FR 10064 (February
23, 1995). See also Antidumping Duty Order and Clarification of Final
Determination; Certain Welded Stainless Steel Pipe from Korea, 57 FR
62301, (December 30, 1992).
SEAH requested that the Department determine that SEAH is the
successor firm to Pusan Steel Pipe (PSP). During the less-than-fair-
value (LTFV) investigation, PSP was assigned a cash deposit rate of
2.67 percent. See Antidumping Duty Order and Clarification of Final
Determination; Certain Welded Stainless Steel Pipe from Korea, 57 FR
62301 (December 30, 1992). SEAH's request is filed pursuant to section
751(b) of the Tariff Act of 1930, as amended (the Tariff Act).
We are initiating an antidumping duty changed circumstances
administrative review of the antidumping duty order on certain welded
stainless steel pipe from Korea to determine whether or not SEAH is the
successor firm to PSP, and to determine whether SEAH is entitled to
PSP's cash deposit rate.
EFFECTIVE DATE: June 11, 1997.
FOR FURTHER INFORMATION CONTACT: G. Leon McNeill or Maureen Flannery,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone (202) 482-4733.
Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act by the Uruguay Round
Agreements Act. In addition, unless otherwise indicated, all citations
to the Department's regulations are to the current regulations, as
amended by the interim regulations published in the Federal Register on
May 11, 1995 (60 FR 25130).
SUPPLEMENTARY INFORMATION:
Background
On March 27, 1997, SEAH requested that the Department conduct a
changed circumstances administrative review pursuant to section 751(b)
of the Tariff Act to determine whether SEAH should properly be
considered the successor firm to PSP and if, as such, SEAH should be
entitled to PSP's cash deposit rate.
According to SEAH, PSP legally changed its name to SEAH on December
28, 1995, which change became effective on January 1, 1996. SEAH claims
that its name change from PSP was a change in name only, and that the
legal structure of the company, its management, and ownership were not
affected by the name change. SEAH also claims that it is a part of a
larger group of related companies, certain members of which had SEAH in
their names prior to January 1, 1996.
In its request for a changed circumstances review, SEAH indicated
that PSP had acquired certain production assets formerly owned by Sammi
Metal Products Co (Sammi). SEAH asserts that the acquisition, which
occurred more than a year before the name change and was effective
January 3, 1995, is not related to the name change. SEAH claims that
its acquisition of the products and facilities of Sammi is functionally
no different from PSP expanding its existing facilities or contracting
a new manufacturing facility.
[[Page 31790]]
The Department has examined SEAH's request for a changed
circumstances administrative review and has determined that the facts
before the Department will require further investigation.
On May 13, 1997, SEAH also requested that the Department publish
concurrently its notice of initiation and preliminary results of
changed circumstances review. On May 23, 1997, petitioners submitted a
letter objecting to the concurrent issuance of a notice of initiation
and preliminary results of changed circumstances review. Petitioners'
objection is based on the complexity of the facts, and the inability of
counsel to obtain proprietary documents submitted by SEAH until after
an initiation. For these reasons, and because we are considering
whether to seek additional information and want petitioners to have an
opportunity to comment, the Department has determined that it would not
be appropriate to issue our preliminary results of a changed
circumstances review at this time.
Scope of the Review
The merchandise subject to this antidumping duty order is welded
austenitic stainless steel pipe (WSSP) that meets the standards and
specifications set forth by the American Society for Testing and
Materials (ASTM) for the welded form of chromium-nickel pipe designated
ASTM A-312. The merchandise covered by the scope of this order also
includes WSSP made according to the standards of other nations which
are comparable to ASTM A-312.
WSSP is produced by forming stainless steel flat-rolled products
into a tubular configuration and welding along the seam. WSSP is a
commodity product generally used as a conduit to transmit liquids or
gases. Major applications include, but are not limited to, digester
lines, blow lines, pharmaceutical lines, petrochemical stock lines,
brewery process and transport lines, general food processing lines,
automotive paint lines and paper process machines. Imports of WSSP are
currently classifiable under the following Harmonized Tariff Schedule
of the United States (HTS) subheadings: 7306.40.5005, 7306.40.5015,
7306.40.5040, 7306.40.5065 and 7306.40.5085. Although these subheadings
include both pipes and tubes, the scope of this antidumping duty order
is limited to welded austenitic stainless steel pipes. Although the HTS
subheadings are provided for convenience and Customs purposes, the
written description of the scope of this order is dispositive.
This changed circumstances administrative review covers SEAH and
any parties affiliated with SEAH.
Initiation of Changed Circumstances Antidumping Duty Order
Administrative Review
Pursuant to section 751(b) of the Tariff Act, the Department will
conduct a changed circumstances administrative review upon receipt of
information concerning, or a request from an interested party of an
antidumping duty order which shows, changed circumstances sufficient to
warrant a review of the order. See section 751(b)(1). In accordance
with section 751(b) and 19 CFR 353.22(f)(1)(i), we are initiating a
changed circumstances administrative review based upon the information
contained in SEAH's March 27, 1997 request for this review.
The Department will publish in the Federal Register a notice of
preliminary results of changed circumstances antidumping duty
administrative review, in accordance with 19 CFR 353.22(f)(1)(v), which
will set forth the factual and legal conclusions upon which our
preliminary results are based. Not later than 270 days after
publication of this notice of initiation, the Department will issue its
final results of review. All written comments must be submitted in
accordance with 19 CFR 353.31(e) and must be served on all interested
parties on the Department's service list in accordance with 19 CFR
353.31(g).
This notice is in accordance with section 751(b)(1) of the Tariff
Act and section 353.22(f)(1)(i) of the Department's regulations.
Dated: June 2, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-15290 Filed 6-10-97; 8:45 am]
BILLING CODE 3510-DS-P
