[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)] [Notices] [Pages 1429-1430] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-632] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-805] Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Initiation of Anticircumvention Inquiry on Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of initiation of anticircumvention inquiry. ----------------------------------------------------------------------- SUMMARY: In response to a request from petitioners in this case 1, the Department of Commerce (the Department) is initiating an anticircumvention inquiry to determine whether imports of (i) pipe certified to the American Petroleum Institute (API) 5L line pipe specifications (API 5L or line pipe) and (ii) pipe certified to both the API 5L line pipe specifications and the less stringent American Society for Testing and Materials (ASTM) A-53 standard pipe specifications (dual certified pipe 2), falling within the physical dimensions outlined in the scope of the order, are circumventing the antidumping duty order on certain welded non-alloy carbon steel pipe from Mexico (57 FR 49453, November 2, 1992). --------------------------------------------------------------------------- \1\ Petitioners are: Allied Tube & Conduit Corp., Sawhill Tubular Division of Tex-Tube Co., Century Tube Corp., Laclede Steel Co., LTV Tubular Products Co.; Sharon Tube Co., Western Tube & Conduit Co., Wheatland Tube Co., and CSI Tubular Products, Inc. \2\ This merchandise, sometimes referred to as ``dual- stenciled,'' may also include ``multiple-stenciled'' pipe. --------------------------------------------------------------------------- EFFECTIVE DATE: January 10, 1997. FOR FURTHER INFORMATION CONTACT: Robert M. James at (202) 482-5222 or John Kugelman at (202) 482-0649, Antidumping and Countervailing Duty Enforcement Group III, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230. APPLICABLE STATUTE AND REGULATIONS: Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Tariff Act), and to the Department's regulations are references to the provisions as they existed on December 31, 1994. SUPPLEMENTARY INFORMATION: Background On April 23, 1993, petitioners requested that the Department conduct an anticircumvention inquiry pursuant to section 781(c) of the Tariff Act covering imports of API 5L line pipe and dual-certified pipe from Mexico. Petitioners alleged that, following publication of the antidumping duty order, exporters of standard pipe from Mexico began circumventing the order by having pipe intended for use as standard pipe certified as line pipe or certified for use as both line and standard pipe. Petitioners further alleged that pipe distributors were substituting pipe certified to the more stringent line and dual- certified specifications for the standard pipe subject to the order, and that end users of standard pipe began using imported line and dual- certified pipe in ``standard pipe applications.'' According to petitioners, the ``transformation of standard pipe into * * * pipe which also meets the line pipe standard is a ``minor alteration of merchandise'' within the meaning of section 781(c) of the [Tariff] Act.'' See Anticircumvention Petition, April 23, 1993 at 1. After examining petitioners' allegations, we instead initiated a scope inquiry under 19 CFR 353.29(i) on June 7, 1993, to determine whether both API 5L line pipe and dual-certified pipe, when actually used in standard pipe applications, are within the scope of the orders. On March 21, 1996, we determined that both line and dual-certified pipe were explicitly excluded from the orders. Final Negative Scope Determination (61 FR 11608). On April 12, 1996, Wheatland Tube Company (Wheatland), one of the original petitioners, filed a lawsuit before the Court of International Trade (the Court) challenging the final scope determination and the fact that the Department did not initiate an anticircumvention inquiry, as petitioners originally requested. On July 12, 1996, we requested a remand from the Court in order to provide a full explanation on the record as to why we did not initiate an anticircumvention inquiry or, if appropriate, to initiate such a proceeding. On October 9, 1996, the Court denied our motion for a voluntary remand and, in response to a separate motion filed by Wheatland, also dismissed all counts of the original complaint as to Mexico. 3 --------------------------------------------------------------------------- \3\ Based on the Court's denial of our request for voluntary remand, the Department is not initiating an anticircumvention inquiry with respect to pipe imports from Brazil and Korea. --------------------------------------------------------------------------- Initiation of Anticircumvention Proceeding Section 353.29(b) of our regulations provides that applications for anticircumvention determinations contain (1) a detailed description of the product, including technical characteristics and uses of the product, and its current U.S. Tariff Classification number; (2) a statement of the interested party's position as to whether the product is within the scope of an antidumping order, including (i) a summary of the reasons for this conclusion, (ii) citations to any applicable statutory authority, and (iii) attachment of any factual support for this position, including applicable portions of the Secretary's or the Commission's investigation. Where all of these conditions are met, our regulations state we will evaluate the application to determine whether an inquiry is warranted. Upon review of petitioners' application, we find that it contains a detailed description of the products and [[Page 1430]] a statement of the petitioners' position as to whether the product is included within the order, as required by 19 CFR 353.29(b). Based on our evaluation of the petition (see Memorandum, Joseph A. Spetrini to Robert S. LaRussa, December 19, 1996, on file in Room B-099 of the Main Commerce Building), we determine that a formal inquiry is warranted. Accordingly, we are initiating a circumvention inquiry concerning the antidumping duty order on standard pipe from Mexico, pursuant to section 781(c) of the Tariff Act. In accordance with 19 CFR 353.29(j), we will not instruct the Customs Service to suspend liquidation and require a cash deposit of estimated duties on the merchandise which is the subject of this inquiry unless and until we issue an affirmative preliminary determination. The Department will, following consultation with the interested parties, establish a schedule for questionnaires and comments on the issues. The Department intends to issue its final determination within 300 days of the date of publication of this initiation. This notice is published in accordance with section 781(c) of the Tariff Act (19 U.S.C. 1677j(c)) and 19 CFR 353.29. Dated: December 20, 1996. Robert S. LaRussa, Acting Assistant Secretary for Import Administration. [FR Doc. 97-632 Filed 1-9-97; 8:45 am] BILLING CODE 3510-DS-P