[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Notices]
[Pages 37876-37877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18137]
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DEPARTMENT OF COMMERCE
[A-401-603]
Stainless Steel Hollow Products From Sweden: Initiation and
Preliminary Results of Changed Circumstances Antidumping Duty
Administrative Review, and Intent To Revoke Order In Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed
circumstances antidumping duty administrative review, and intent to
revoke order in part.
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SUMMARY: In response to a request from AL Tech Specialty Steel
Corporation (AL Tech) and the United Steelworkers of America (USWA),
the only petitioners in this proceeding who are involved in the
production of seamless stainless steel hollow products (SSHP), the
Department of Commerce (the Department) is initiating a changed
circumstances antidumping duty administrative review and issuing an
intent to revoke in part the antidumping duty order on SSHP from
Sweden, the scope of which currently includes both seamless and welded
SSHP. AL Tech and USWA requested that the Department revoke the order
in part as to imports of seamless SSHP. AL Tech also requested that
this partial revocation of seamless SSHP be retroactive to the
beginning of the 1990/1991 administrative review (i.e., December 1,
1990). Based on the fact, that this order is no longer of interest to
domestic parties, we intend to partially revoke this order.
EFFECTIVE DATE: July 24, 1995.
FOR FURTHER INFORMATION CONTACT: Amy S. Wei or Zev Primor, Office of
Antidumping Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
5253.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 1987, the Department published the final
determination in the less-than-fair-value (LTFV) investigation (52 FR
37810), which covered both seamless and welded SSHP. The International
Trade Commission (ITC) found no injury due to imports of welded SSHP
(52 FR 45256, November 25, 1987), and subsequently, the Department
published an antidumping duty order and amended final determination,
which included only seamless SSHP (52 FR 45985, December 3, 1987).
Following the negative injury determination concerning welded SSHP,
the petitioners filed suit against the ITC in the Court of
International Trade (CIT), and the CIT remanded the negative
determination to the ITC. Upon remand, the ITC did find injury with
respect to welded SSHP, and issued an amended final affirmative injury
determination for welded SSHP, which the CIT affirmed on November 11,
1990, and which the Court of Appeals for the Federal Circuit upheld on
September 8, 1992. Subsequently, the Department published an amended
antidumping duty order to include welded SSHP in the scope of the order
(57 FR 52761, November 5, 1992).
On February 9, 1995, AL Tech and USWA requested that the Department
conduct a changed circumstances administrative review to determine
whether to partially revoke the order with regard to seamless SSHP. The
order with regard to imports of welded SSHP is not affected by this
request. In addition, the petitioners informed the Department that they
have canvassed interested parties known to them to be actively involved
in the production of seamless SSHP in the United States, and did not
find any opposition to the revocation of the order with regard to
seamless SSHP. Furthermore, AL Tech and USWA requested that the partial
revocation on seamless SSHP be effective retroactive to December 1,
1990, which is the beginning of the period for the currently pending
fourth and fifth administrative reviews.
Scope of Review
The merchandise covered by this changed circumstances review are
seamless stainless steel hollow products including pipes, tubes, hollow
bars, and blanks of circular cross section, containing over 11.5
percent chromium by weight. This merchandise is currently classified
under subheadings 7304.41.00 and 7304.49.00 of the Harmonized Tariff
Schedule (HTS). The HTS numbers are provided for convenience and
Customs purposes. The written description remains dispositive.
This changed circumstance administrative review covers all
manufacturers/exporters of seamless SSHP from Sweden.
Initiation and Preliminary Results of Changed Circumstances Antidumping
Duty Administrative Review, and Intent To Revoke Order In Part
Pursuant to section 751(d)and 782(h) of the Tariff Act of 1930, as
amended (the Act), the Department may partially revoke an antidumping
duty order based on a review under section 751(b) of the Act (i.e., a
changed circumstances review). Section 751(b)(1) of the Act requires a
changed circumstances administrative review to be conducted upon
receipt of a request containing sufficient information concerning
changed circumstances.
The Department's regulations at 19 CFR 353.25(d)(2) permit the
Department to conduct a changed circumstances administrative review
under Sec. section 353.22(f) based upon an affirmative statement of no
interest from the petitioner in the proceeding. Section 353.25(d)(1)(i)
further provides that the Department may revoke an order or revoke an
order in part if it determines that the order under review is no longer
of interest to interested parties. In addition, in the event that the
Department concludes that expedited action is warranted,
Sec. 353.22(f)(4) of the regulations permits the Department to combine
the notices of initiation and preliminary results.
Therefore, in accordance with sections 751(d) and 782(h) of the Act
and 19 CFR 353.25(d) and 353.22(f), based on an affirmative statement
of no interest in the proceeding by AL Tech and USWA, we are initiating
this changed circumstances administrative review. Further, based on the
representation made by the petitioners that other U.S. producers and
potential producers of this merchandise have no interest in the order
regarding seamless SSHP, we have determined that expedited action is
warranted, and we have preliminarily determined that the order
regarding seamless SSHP no longer is of interest to domestic interested
parties. Because we have concluded that expedited action is warranted,
we are combining these notices of initiation and preliminary results.
Therefore, we are hereby notifying the public of our intent to revoke
in part the antidumping duty order as to imports of seamless SSHP from
Sweden.
[[Page 37877]]
In the event that this revocation becomes final, the effective date
of the revocation will be December 1, 1990, which is the beginning of
the currently pending fourth administrative review.
If final revocation in part occurs, we intend to instruct the U.S.
Customs Service (Customs) to liquidate without regard to antidumping
duties and to refund any estimated antidumping duties collected for all
unliquidated entries of subject merchandise made on or after the
effective date of partial revocation, in accordance with 19 CFR
353.25(d)(5). We will also instruct Customs to refund interest for
entries made on or after December 1, 1990, in accordance with section
778 of the Act. The current requirement for a cash deposit of estimated
antidumping duties will continue until publication of the final results
of this changed circumstances review.
Public Comment
Parties to the proceeding may request disclosure within 5 days of
the date of publication of this notice and any interested party may
request a hearing within 10 days of publication. Any hearing, if
requested, will be held no later than 28 days after the date of
publication of this notice, or the first workday thereafter. Case
briefs and/or written comments from interested parties may be submitted
not later than 14 days after the date of publication of this notice.
Rebuttal briefs and rebuttals to written comments, limited to the
issues raised in those comments, may be filed not later than 21 days
after the date of publication of this notice. All written comments
shall be submitted in accordance with 19 CFR 353.31(e) and shall be
served on all interested parties on the Department's service list in
accordance with 19 CFR 353.31(g). Persons interested in attending the
hearing should contact the Department for the date and time of the
hearing. The Department will publish the final results of this changed
circumstances review, including the results of its analysis of issues
raised in any written comments.
This notice also serves as a preliminary reminder to parties
subject to administrative protective orders (APOs) of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 353.34(d). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a sanctionable violation.
This notice is in accordance with sections 751(b)(1) and (c) of the
Act and Sec. 353.22(a)(5), 353.22(f), and 353.25(d) of the Department's
regulations.
Dated: July 14, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-18137 Filed 7-21-95; 8:45 am]
BILLING CODE 3510-DS-P
