[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Notices]
[Page 43983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20898]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe from Mexico;
Termination of Anticircumvention Inquiry
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Termination of Anticircumvention Inquiry.
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SUMMARY: On January 10, 1997, in response to a request from petitioners
in this case,\1\ the Department of Commerce (the Department) initiated
an inquiry to determine whether certain imports of (i) pipe certified
to the American Petroleum Institute (API) 5L line pipe specifications
(API 5L or line pipe) and (ii) pipe certified to both the API 5L line
pipe specifications and the less-stringent American Society for Testing
and Materials (ASTM) A53 standard pipe specifications (dual-certified
pipe \2\) are circumventing the antidumping duty order on certain
welded non-alloy carbon steel pipe from Mexico (57 FR 49453, November
2, 1992). The anticircumvention inquiry covered two manufacturers/
exporters of the merchandise subject to this inquiry, Hylsa, S.A. de
C.V. (Hylsa) and Tuberia Nacional, S.A. de C.V. (TUNA), and the period
January 1, 1996 through December 31, 1996.
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\1\ Petitioners are: Allied Tube & Conduit Corp., Sawhill
Tubular Division of Tex-Tube Co., Century Tube Corp., Laclede Steel
Co., LTV Tubular Products Co.; Sharon Tube Co., Western Tube &
Conduit Co., Wheatland Tube Co., and CSI Tubular Products, Inc.
\2\ This merchandise, sometimes referred to as ``dual-
stenciled,'' may also include ``multiple-stenciled'' pipe.
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In response to rulings by the Court of International Trade (the
Court) and the Court of Appeals for the Federal Circuit (Federal
Circuit) we are terminating the anticircumvention inquiry.
EFFECTIVE DATE: August 12, 1999.
FOR FURTHER INFORMATION CONTACT: Robert M. James at (202) 482-5222,
Antidumping and Countervailing Duty Enforcement Group III, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230.
Applicable Statute and Regulations: Unless otherwise indicated, all
citations to the Tariff Act of 1930, as amended (the Tariff Act), and
to the Department's regulations are references to the provisions as
they existed on December 31, 1994.
Supplementary Information:
Background
On January 10, 1997, the Department initiated an anticircumvention
inquiry in response to allegations that, following publication of the
antidumping duty order, exporters of standard pipe from Mexico began
circumventing the order by having pipe intended for use as standard
pipe certified as line pipe or certified as both line and standard
pipe. Following initiation Hylsa and TUNA brought suit before the Court
(Hylsa, S.A. de. C.V. and Tuberia Nacional, S.A. de C.V. v. United
States, Court No. 97-01-00132) (Hylsa I) challenging the legality of
the Department's anticircumvention inquiry, given the Department's
March 1996 negative scope determination covering the very merchandise
subject to the instant inquiry. After granting a temporary restraining
order (TRO) enjoining the department from proceeding with its
investigation, the Court subsequently vacated this TRO and dismissed
the case. Hysla v. United States, 960 F. Supp. 320 (CIT 1997).\3\
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\3\ The Federal Circuit affirmed the Court's dismissal of
Hylsa's and TUNA's action in Hylsa I on February 12, 1998. See
Hylsa. S.A. de C.V. and Tuberia Nacional v. United States, Appeal
No. 97-1270 (Fed. Cir. 1998)
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On December 19, 1997, the Department released its ``Notice of
Affirmative preliminary Determination of Circumvention.'' Hylsa again
sought a permanent injunction from the Court barring the completion of
the investigation, the publication of the preliminary determination and
any notification of the United States Customs Service. On February 3,
1998, the Court issued the requested permanent injunction in light of
its earlier decision in a related case, Wheatland Pipe Company v.
United States, 973 F. Supp. 149 (CIT 1997). See Hylsa, S.A. de C.V.
versus United States, slip Op. 98-10 (CIT 1998) (Hylsa II).
The Department appealed the Court's decision in Hylsa II to the
Court of Appeals for the Federal Circuit (Federal Circuit). However, on
November 23, 1998, the Federal Circuit affirmed the Court's July 18,
1997 decision in the earlier Wheatland litigation on virtually
identical issues. Wheatland Pipe Company versus United States, 161 F.3d
1365 (Fed. Cir. 1998).
In light of the Federal Circuit's decision in Wheatland, on January
19, 1999, all parties moved the Federal Circuit to dismiss the appeal
of Hylsa II. Accordingly, as the Department has been permanently
enjoined from conducting this anticircumvention inquiry, we are hereby
terminating this inquiry.
This notice serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of information disclosed under APO in
accordance with 19 CFR 353.34(d) (1994). Timely, written notification
of the return or destruction of APO materials is hereby requested.
This notice is published in accordance with section 781(c) of the
Tariff Act (19 U.S.C. 1677j(c)) and 19 CFR 53.29.
Dated: August 5, 1999.
Richard O. Weible,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 99-20898 Filed 8-11-99; 8:45 am]
BILLING CODE 3510-DS-P
