[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