[Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
[Notices]
[Pages 30567-30569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14482]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-815]
Certain Welded Stainless Steel Pipe From Taiwan, 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 Chang Mien Industries Co., Ltd.
(Chang Mien), 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
Taiwan. See Notice of Amended Final Determination and Antidumping Duty
Order; Certain Welded Stainless Steel Pipes From Taiwan, 59 FR 6619
(February 11, 1994); see also Amended Final Determination and
Antidumping Duty Order; Certain Welded Stainless Steel Pipe From
Taiwan, 57 FR 62300 (December 30, 1992). Chang Mien requested that the
Department
[[Page 30568]]
determine that Chang Mien is the successor firm to Chang Tieh Industry
Co., Ltd. (Chang Tieh), a respondent in the original less-than-fair-
value (LTFV) investigation. The Department excluded Chang Tieh from the
antidumping duty order on certain welded stainless steel pipe from
Taiwan after calculating a margin of zero for Chang Tieh. See Notice of
Amended Final Determination, 59 FR 6619. Chang Mien maintains that, as
Chang Mien and Chang Tieh were related at the time of the LTFV
investigation, Chang Mien was entitled to Chang Tieh's exclusion from
the order ab initio. Chang Mien further states that, since publication
of the order, Chang Mien has absorbed Chang Tieh, and asks that the
Department issue a determination that Chang Mien is the successor firm
to Chang Tieh and is, therefore, entitled to Chang Tieh's exclusion
from the antidumping duty order. Chang Mien'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 Taiwan to determine whether or not Chang Mien
is the successor firm to respondent Chang Tieh, and to determine
whether Chang Mien is entitled to Chang Tieh's exclusion from the
order.
EFFECTIVE DATE: June 4, 1997.
FOR FURTHER INFORMATION CONTACT: Robert M. James at (202) 482-5222, or
John Kugelman at (202) 482-0649, AD/CVD Enforcement Office Eight,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, DC 20230.
The Applicable Statute and Regulations
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 September 11, 1996, Chang Mien requested that the Department
conduct a changed circumstances administrative review pursuant to
section 751(b) of the Tariff Act to determine whether Chang Mien should
properly be considered the successor firm to Chang Tieh and if, as
such, Chang Mien should be excluded from the antidumping duty order.
Chang Mien, on September 19, 1996, requested that the Department
publish its preliminary results concurrently with this notice of
initiation, pursuant to 19 CFR 353.22(f)(4). Citing the Department's
September 17, 1996 notice of initiation and preliminary results of
changed circumstances review in sugar and syrups from Canada, Chang
Mien argues that the instant case is, like the sugar case, ``legally
and factually straightforward'' and requested that the Department find
that ``Chang Mien has provided prima facie evidence . . . that Chang
Mien and its affiliated companies should be excluded from the instant
[antidumping duty] order.'' Chang Mien's Letter to the Secretary,
September 19, 1996 at 2; see also, Sugar and Syrups From Canada;
Initiation and Preliminary Results of Changed Circumstances Antidumping
Duty Administrative Review, 61 FR 48885 (September 17, 1996).
In a letter submitted on September 25, 1996, petitioners
1 objected to Chang Mien's request for an expedited review
pursuant to section 751(b) of the Tariff Act. Petitioners assert that
the factual and legal bases in the instant case are substantially
different than in Sugars and Syrups from Canada, and that this case
will require ``caution and close review'' prior to issuing any
determination. See Petitioners' Letter of September 25, 1996 at 5.
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\1\ Petitioners are: Avesta Sheffield, Inc., Bristol Metals,
Inc., Damascus Tube Division, Damascus-Bishop Tube Co., Trent Tube
Division, Crucible Materials Corp., and the United Steelworkers of
America (AFL-CIO/CLC).
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The Department has examined Chang Mien's request for a changed
circumstances administrative review and has determined that the facts
before the Department in the instant case will require further
investigation. The Department further concludes that it would be
inappropriate to issue a preliminary determination prior to conducting
this investigation. Therefore, the Department is not issuing
preliminary results of its changed circumstances administrative review
at this time. See Memorandum from Joseph A. Spetrini to Robert S.
LaRussa, January 10, 1997, on file in Room B-099 of the Main Commerce
Building.
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 austenitic welded stainless steel pipes 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 Chang Mien,
Chang Tieh, and any parties affiliated with Chang Mien or Chang Tieh.
Initiation of Changed Circumstances Antidumping Duty 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 for a
review of, an antidumping duty order which shows changed circumstances
sufficient to warrant a review of the order. See section 751(b)(1).
Therefore, 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 factual information and argument
contained in Chang Mien's September 11, 1996 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.
[[Page 30569]]
Not later than 270 days after publication of this Notice of Initiation,
the Department will issue its final results of review, and will publish
these results in the Federal Register. 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: May 15, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-14482 Filed 6-3-97; 8:45 am]
BILLING CODE 3510-DS-P
