[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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