[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Notices]
[Pages 48686-48687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23335]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 60, No. 182 / Wednesday, September 20, 1995 /
Notices
[[Page 48686]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-602]
Certain Carbon Steel Butt-Weld Pipe Fittings From Japan; Negative
Preliminary Determination of Circumvention of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Negative Preliminary Determination of Circumvention
of Antidumping Duty Order.
-----------------------------------------------------------------------
SUMMARY: On March 22, 1994, the Department of Commerce (the Department)
received a request for a circumvention inquiry on the antidumping duty
order on certain carbon steel butt-weld pipe fittings (butt-weld pipe
fittings) from Japan, with respect to imports of Awaji Sangyo
(Thailand) Co., Ltd. (AST). Pursuant to that request, the Department
initiated a circumvention inquiry on October 31, 1994 (59 FR 54433).
We preliminarily determine that AST is not circumventing the
antidumping duty order on butt-weld pipe fittings from Japan.
Interested parties are invited to comment on this preliminary
determination.
EFFECTIVE DATE: September 20, 1995.
FOR FURTHER INFORMATION CONTACT: Donald Little or Maureen Flannery,
Office of Antidumping Compliance, 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 and Regulations: Unless otherwise stated, all
citations to the statute and the Department's regulations are in
reference to the provisions as they existed on December 31, 1994.
SUPPLEMENTARY INFORMATION:
Background
On March 22, 1994, the Department received a petition from the U.S.
Fittings Group (the petitioner) requesting that the Department conduct
a circumvention inquiry on the antidumping duty order on certain carbon
steel butt-weld pipe fittings from Japan (52 FR 4167 (February 10,
1987)). The petitioner is an ad hoc trade association of domestic
producers of butt-weld pipe fittings whose members currently consist of
Hackney, Inc., Ladish Co., Inc., Mill Iron Works, Inc., Steel Forgings,
Inc., and Tube Forgings of America, Inc.
The petitioner alleged that unfinished pipe fittings from Japan are
being finished in Thailand by AST, and thereafter imported into the
United States free of any antidumping duties. The Department initiated
a circumvention inquiry on October 31, 1994 (59 FR 54433).
Scope of the Circumvention Inquiry
The products covered by this inquiry are certain carbon steel butt-
weld type pipe fittings, other than couplings, under 14 inches in
inside diameter, whether finished or unfinished, that have been formed
in the shape of elbows, tees, reducers, caps, etc., and, if forged,
have been advanced after forging. These advancements may include any
one or more of the following: coining, heat treatment, shot blasting,
grinding, die stamping or painting. These fittings are currently
provided for under item 7307.93.30
Induction pipe bends classifiable under item 7307.93.30 which have
at one or both ends tangents that equal or exceed 12 inches in length
are excluded from the scope of this inquiry.
The inquiry covers one manufacturer/exporter of butt-weld pipe
fittings, AST. The period of inquiry is October 1, 1993 through
September 30, 1994.
Case History
The Department sent an anti-circumvention questionnaire to AST on
January 3, 1995. On January 9, 1995, AST replied that it had not sold
or exported any butt-weld pipe fittings to the United States
manufactured from Japanese unfinished butt-weld pipe fittings during
the period for which the Department requested such information, or
subsequent to that period. AST requested that the Department therefore
terminate the inquiry.
In submissions of January 17, 1995, and February 3, 1995,
petitioner argued that the Department should change the period of
inquiry to January 1991 through August 1993, so as to include the time
frame from which the evidence in the anti-circumvention petition was
drawn. Petitioner also claimed that, since the Department did not
initiate the inquiry until approximately seven months after the
petition was filed, AST had ample opportunity to change its business
practices in response to the petition, and the period after the date of
the petition is therefore inherently unrepresentative.
On January 20, 1995, AST submitted additional comments and
additional support for its request to terminate the inquiry. AST stated
that it had not altered its behavior as a result of the anti-
circumvention petition. AST stated that it had not exported any butt-
weld pipe fittings to the United States manufactured from Japanese
unfinished butt-weld pipe fittings since the period the Department
reviewed in the circumvention inquiry regarding the antidumping duty
order on carbon steel butt-weld pipe fittings from the People's
Republic of China (PRC) (which ended August 31, 1993).
Negative Preliminary Determination of Circumvention Inquiry
Because record evidence concerning AST's production capabilities
during the period of inquiry supports AST's assertion that it did not
sell or export any butt-weld pipe fittings to the United States
manufactured from Japanese unfinished butt-weld pipe fittings during
the period of this circumvention inquiry and because evidence indicates
that this fact was not in any way influenced by the filing of a request
to conduct this inquiry, the Department preliminarily determines that
extension of the period of inquiry is unwarranted and that no
circumvention of the antidumping duty order is occurring within the
meaning of section 781(b) of the Tariff Act.
Any interested party may request a hearing within ten days of
publication of this notice. Any hearing, if requested, will be held
approximately 44 days after the publication of this notice. Interested
parties may submit written comments (case brief) within 30 days of the
date of publication of this notice. Rebuttal
[[Page 48687]]
comments (rebuttal briefs), which must be limited to issues raised in
the case briefs, may be filed not later than 37 days after the date of
publication. The Department will publish its final determination of
this circumvention inquiry, including the results of its analysis of
issues raised in any such written comments.
This preliminary negative determination of circumvention is in
accordance with section 781(b) of the Tariff Act (19 U.S.C. 1677j(b))
and 19 C.F.R. 353.29(f).
September 13, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-23335 Filed 9-19-95; 8:45 am]
BILLING CODE 3510-DS-P
