[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]



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 Notices
                                                 Federal Register
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 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 
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  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.

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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