Antidumping: Welded stainless steel pipe from Taiwan,
[Federal Register: June 23, 1998 (Volume 63, Number 120)]
[Notices]
[Page 34147-34148]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn98-26]
[[Page 34147]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-815]
Certain Welded Stainless Steel Pipe From Taiwan; Final Results of Changed Circumstances Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration, Department of Commerce.
ACTION: Notice of final results of changed circumstances antidumping duty administrative review.
SUMMARY: On April 7, 1997, the Department of Commerce (the Department) published the preliminary results of its changed circumstances antidumpting duty administrative review of certain welded stainless steel pipe (WSSP) from Taiwan (63 FR 16982). The Department preliminarily determined that Chang Mein Industries Co., Ltd. (Chang Mein) is the successor-in-interest to Chang Tieh Industry Co., Ltd. (Chang Tieh) and is therefore, entitled to Chang Tieh's exclusion from the antidumping duty order or WSSP from Taiwan. We invited interested parties to comment on our preliminary results. We received no comments. We have now completed this review and determine that, for purposes of the antidumping duty law, Chang Mein is the successor firm to Chang Tieh and, as such, is subject to exclusion from the order.
FOR FURTHER INFORMATION CONTACT: Maureen McPhillips or Linda Ludwig, Office of AD/CVD Enforcement Group III, Office 8, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-0193 or (202) 482-3833.
Applicable Statute and Regulations Scope of the Review
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 of 1930 (the Tariff Act) by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise indicated, all citations to the Department's regulations are to the regulations codified at 19 CFR part 351, 62 FR 27296 (May 19, 1997).
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 Mein should properly be considered the successor firm to Chang Tieh. In the less- than-fair-value (LTFV) investigation, the Department excluded Change Tieh from the antidumping duty order on WSSP from Taiwan after calculating a margin of zero for Chang Tieh. See Notice of Amended Final Determination and Antidumping Duty Order; Certain Welded Stainless Steel Pipes from Taiwan, 59 FR 6619 (February 11, 1994). Chang Mien maintained that, as Chang Mein and Chang Tieh were related at the time of the LTFV investigation, Chang Mein is entitled to Chang Tieh's exclusion from the order ab initio. Chang Mien further stated that, since publication of the order, Change Mien has absorbed Chang Tieh and, therefore, as the successor firm to Chang Tieh, is entitled to Chang Tieh's exclusion from
We preliminarily determined that Chang Mien is the successor-in- interest to Chang Tieh, since it essentially operates as the same entity as the former company; maintaining the same management, production facilities, and supplier relationships as did Chang Tieh prior to its merger with Chang Mien (63 FR 16982, April 7, 1998). We gave interested parties an opportunity to comment on the preliminary results of this changed circumstances review. We received no comments.
Scope of the Review
The merchandise subject to this antidumping duty order is welded austenitic stainless steel pipe 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 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 7306.40.5086. 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.
Final Results of Changed Circumstances Antidumping Duty Administrative Review
Based on the information that Chang Mien provided in its responses to the Department's questionnaires and on the data obtained at verification, we determine that Chang Mien is the successor to Chang Tieh and, accordingly, is excluded from the antidumping duty order on WSSP from Taiwan. For a complete discussion of the basis for this decision, see Certain Welded Stainless Steel Pipe from Taiwan; Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, April 7, 1998, (63 FR 16982).
The Department, in accordance with 19 CFR 351.222, will instruct the U.S. Customs Service (Customs) to proceed with liquidation, without regard to antidumping duties, of all unliquidated entries of WSSP manufactured by Chang Mien, exported to the United States and entered, or withdrawn from warehouse, for consumption, on or after November 1, 1993, the effective date of the absorption of Chang Tieh by Chang Mien.
The Department will further instruct Customs to refund with interest any estimated duties collected with respect to unliquidated entries of such WSSP entered, or withdrawn from warehouse, for consumption on or after November 1, 1993, in accordance with section 778 of the Act.
This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 353.34(d). Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested.
This changed circumstances administrative review and notice are in accordance with sections 751(b) and (d) and 782(h) of the Tariff Act and sections
[[Page 34148]]
351.216(d) and 351.222(g) of the Department's regulations.
Dated: June 11, 1998. Robert S. LaRussa, Assistant Secretary for Import Administration.
[FR Doc. 98-16680Filed6-22-98; 8:45 am]
BILLING CODE 3510-DS-M
