[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Pages 34147-34148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16680]
[[Page 34147]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-815]
Certain Welded Stainless Steel Pipe From Taiwan; Final Results of
Changed Circumstances Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed circumstances antidumping
duty administrative review.
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SUMMARY: On April 7, 1997, the Department of Commerce (the Department)
published the preliminary results of its changed circumstances
antidumpting duty administrative review of certain welded stainless
steel pipe (WSSP) from Taiwan (63 FR 16982). The Department
preliminarily determined that Chang Mein Industries Co., Ltd. (Chang
Mein) is the successor-in-interest to Chang Tieh Industry Co., Ltd.
(Chang Tieh) and is therefore, entitled to Chang Tieh's exclusion from
the antidumping duty order or WSSP from Taiwan. We invited interested
parties to comment on our preliminary results. We received no comments.
We have now completed this review and determine that, for purposes of
the antidumping duty law, Chang Mein is the successor firm to Chang
Tieh and, as such, is subject to exclusion from the order.
FOR FURTHER INFORMATION CONTACT:
Maureen McPhillips or Linda Ludwig, Office of AD/CVD Enforcement Group
III, Office 8, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue, N.W., Washington, DC 20230; telephone (202) 482-0193 or (202)
482-3833.
Applicable Statute and Regulations Scope of the Review
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 of 1930 (the Tariff Act)
by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department's regulations are
to the regulations codified at 19 CFR part 351, 62 FR 27296 (May 19,
1997).
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 Mein should
properly be considered the successor firm to Chang Tieh. In the less-
than-fair-value (LTFV) investigation, the Department excluded Change
Tieh from the antidumping duty order on WSSP from Taiwan after
calculating a margin of zero for Chang Tieh. See Notice of Amended
Final Determination and Antidumping Duty Order; Certain Welded
Stainless Steel Pipes from Taiwan, 59 FR 6619 (February 11, 1994).
Chang Mien maintained that, as Chang Mein and Chang Tieh were related
at the time of the LTFV investigation, Chang Mein is entitled to Chang
Tieh's exclusion from the order ab initio. Chang Mien further stated
that, since publication of the order, Change Mien has absorbed Chang
Tieh and, therefore, as the successor firm to Chang Tieh, is entitled
to Chang Tieh's exclusion from
We preliminarily determined that Chang Mien is the successor-in-
interest to Chang Tieh, since it essentially operates as the same
entity as the former company; maintaining the same management,
production facilities, and supplier relationships as did Chang Tieh
prior to its merger with Chang Mien (63 FR 16982, April 7, 1998). We
gave interested parties an opportunity to comment on the preliminary
results of this changed circumstances review. We received no comments.
Scope of the Review
The merchandise subject to this antidumping duty order is welded
austenitic stainless steel pipe 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
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 7306.40.5086. 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.
Final Results of Changed Circumstances Antidumping Duty
Administrative Review
Based on the information that Chang Mien provided in its responses
to the Department's questionnaires and on the data obtained at
verification, we determine that Chang Mien is the successor to Chang
Tieh and, accordingly, is excluded from the antidumping duty order on
WSSP from Taiwan. For a complete discussion of the basis for this
decision, see Certain Welded Stainless Steel Pipe from Taiwan;
Preliminary Results of Changed Circumstances Antidumping Duty
Administrative Review, April 7, 1998, (63 FR 16982).
The Department, in accordance with 19 CFR 351.222, will instruct
the U.S. Customs Service (Customs) to proceed with liquidation, without
regard to antidumping duties, of all unliquidated entries of WSSP
manufactured by Chang Mien, exported to the United States and entered,
or withdrawn from warehouse, for consumption, on or after November 1,
1993, the effective date of the absorption of Chang Tieh by Chang Mien.
The Department will further instruct Customs to refund with
interest any estimated duties collected with respect to unliquidated
entries of such WSSP entered, or withdrawn from warehouse, for
consumption on or after November 1, 1993, in accordance with section
778 of the Act.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification of
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation. Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested.
This changed circumstances administrative review and notice are in
accordance with sections 751(b) and (d) and 782(h) of the Tariff Act
and sections
[[Page 34148]]
351.216(d) and 351.222(g) of the Department's regulations.
Dated: June 11, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-16680 Filed 6-22-98; 8:45 am]
BILLING CODE 3510-DS-M