[Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
[Notices]
[Pages 30567-30569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14482]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-583-815]


Certain Welded Stainless Steel Pipe From Taiwan, Initiation of 
Changed Circumstances Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of initiation of changed circumstances Antidumping Duty 
Administrative Review.

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SUMMARY: In response to a request from Chang Mien Industries Co., Ltd. 
(Chang Mien), the Department of Commerce (the Department) is initiating 
a changed circumstances antidumping duty administrative review of the 
antidumping duty order on certain welded stainless steel pipe from 
Taiwan. See Notice of Amended Final Determination and Antidumping Duty 
Order; Certain Welded Stainless Steel Pipes From Taiwan, 59 FR 6619 
(February 11, 1994); see also Amended Final Determination and 
Antidumping Duty Order; Certain Welded Stainless Steel Pipe From 
Taiwan, 57 FR 62300 (December 30, 1992). Chang Mien requested that the 
Department

[[Page 30568]]

determine that Chang Mien is the successor firm to Chang Tieh Industry 
Co., Ltd. (Chang Tieh), a respondent in the original less-than-fair-
value (LTFV) investigation. The Department excluded Chang Tieh from the 
antidumping duty order on certain welded stainless steel pipe from 
Taiwan after calculating a margin of zero for Chang Tieh. See Notice of 
Amended Final Determination, 59 FR 6619. Chang Mien maintains that, as 
Chang Mien and Chang Tieh were related at the time of the LTFV 
investigation, Chang Mien was entitled to Chang Tieh's exclusion from 
the order ab initio. Chang Mien further states that, since publication 
of the order, Chang Mien has absorbed Chang Tieh, and asks that the 
Department issue a determination that Chang Mien is the successor firm 
to Chang Tieh and is, therefore, entitled to Chang Tieh's exclusion 
from the antidumping duty order. Chang Mien's request is filed pursuant 
to section 751(b) of the Tariff Act of 1930, as amended (the Tariff 
Act).
    We are initiating an antidumping duty changed circumstances 
administrative review of the antidumping duty order on certain welded 
stainless steel pipe from Taiwan to determine whether or not Chang Mien 
is the successor firm to respondent Chang Tieh, and to determine 
whether Chang Mien is entitled to Chang Tieh's exclusion from the 
order.

EFFECTIVE DATE: June 4, 1997.

FOR FURTHER INFORMATION CONTACT: Robert M. James at (202) 482-5222, or 
John Kugelman at (202) 482-0649, AD/CVD Enforcement Office Eight, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, DC 20230.

The Applicable Statute and Regulations

    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 by the Uruguay Round 
Agreements Act. In addition, unless otherwise indicated, all citations 
to the Department's regulations are to the current regulations, as 
amended by the interim regulations published in the Federal Register on 
May 11, 1995 (60 FR 25130).

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 Mien should 
properly be considered the successor firm to Chang Tieh and if, as 
such, Chang Mien should be excluded from the antidumping duty order. 
Chang Mien, on September 19, 1996, requested that the Department 
publish its preliminary results concurrently with this notice of 
initiation, pursuant to 19 CFR 353.22(f)(4). Citing the Department's 
September 17, 1996 notice of initiation and preliminary results of 
changed circumstances review in sugar and syrups from Canada, Chang 
Mien argues that the instant case is, like the sugar case, ``legally 
and factually straightforward'' and requested that the Department find 
that ``Chang Mien has provided prima facie evidence . . . that Chang 
Mien and its affiliated companies should be excluded from the instant 
[antidumping duty] order.'' Chang Mien's Letter to the Secretary, 
September 19, 1996 at 2; see also, Sugar and Syrups From Canada; 
Initiation and Preliminary Results of Changed Circumstances Antidumping 
Duty Administrative Review, 61 FR 48885 (September 17, 1996).
    In a letter submitted on September 25, 1996, petitioners 
1 objected to Chang Mien's request for an expedited review 
pursuant to section 751(b) of the Tariff Act. Petitioners assert that 
the factual and legal bases in the instant case are substantially 
different than in Sugars and Syrups from Canada, and that this case 
will require ``caution and close review'' prior to issuing any 
determination. See Petitioners' Letter of September 25, 1996 at 5.
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    \1\ Petitioners are: Avesta Sheffield, Inc., Bristol Metals, 
Inc., Damascus Tube Division, Damascus-Bishop Tube Co., Trent Tube 
Division, Crucible Materials Corp., and the United Steelworkers of 
America (AFL-CIO/CLC).
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    The Department has examined Chang Mien's request for a changed 
circumstances administrative review and has determined that the facts 
before the Department in the instant case will require further 
investigation. The Department further concludes that it would be 
inappropriate to issue a preliminary determination prior to conducting 
this investigation. Therefore, the Department is not issuing 
preliminary results of its changed circumstances administrative review 
at this time. See Memorandum from Joseph A. Spetrini to Robert S. 
LaRussa, January 10, 1997, on file in Room B-099 of the Main Commerce 
Building.

Scope of the Review

    The merchandise subject to this antidumping duty order is welded 
austenitic stainless steel pipe (WSSP) 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 
lines, blow lines, pharmaceutical lines, petrochemical stock lines, 
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 7306.40.5085. 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.
    This changed circumstances administrative review covers Chang Mien, 
Chang Tieh, and any parties affiliated with Chang Mien or Chang Tieh.

Initiation of Changed Circumstances Antidumping Duty Administrative 
Review

    Pursuant to section 751(b) of the Tariff Act, the Department will 
conduct a changed circumstances administrative review upon receipt of 
information concerning, or a request from an interested party for a 
review of, an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. See section 751(b)(1). 
Therefore, in accordance with section 751(b) and 19 CFR 
353.22(f)(1)(i), we are initiating a changed circumstances 
administrative review based upon the factual information and argument 
contained in Chang Mien's September 11, 1996 request for this review.
    The Department will publish in the Federal Register a notice of 
Preliminary Results of Changed Circumstances Antidumping Duty 
Administrative Review, in accordance with 19 CFR 353.22(f)(1)(v), which 
will set forth the factual and legal conclusions upon which our 
preliminary results are based.

[[Page 30569]]

Not later than 270 days after publication of this Notice of Initiation, 
the Department will issue its final results of review, and will publish 
these results in the Federal Register. All written comments must be 
submitted in accordance with 19 CFR 353.31(e) and must be served on all 
interested parties on the Department's service list in accordance with 
19 CFR 353.31(g).
    This notice is in accordance with section 751(b)(1) of the Tariff 
Act and section 353.22(f)(1)(i) of the Department's regulations.

Dated: May 15, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-14482 Filed 6-3-97; 8:45 am]
BILLING CODE 3510-DS-P