[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Notices]
[Pages 36876-36877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18112]
[[Page 36876]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-503]
Iron Construction Castings From Canada: Notice of 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.
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EFFECTIVE DATE: July 8, 1998.
SUMMARY: In response to the April 30, 1998 request by the Municipal
Castings Fair Trade Council, the petitioner in this case, 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 iron
construction castings from Canada. The scope of the order currently
includes valve, service, and meter boxes which are placed below ground
to encase water, gas, or other valves, or water and gas meters, which
are considered light castings. The petitioner has expressed no further
interest in the relief provided by the antidumping duty order with
respect to the importation and sale of valve, service, and meter boxes
which are placed below ground to encase water, gas, or other valves, or
water and gas meters, considered light castings. Accordingly, we have
preliminarily determined to revoke the order on iron construction
castings from Canada with respect to light castings.
Interested parties are invited to comment on these preliminary
results.
FOR FURTHER INFORMATION CONTACT: Matthew Blaskovich or Irene Darzenta,
AD/CVD Enforcement Group II, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
4697 or (202) 482-6320.
SUPPLEMENTARY INFORMATION:
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 of 1930 (the 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).
Background
On March 5, 1986, the Department published the antidumping duty
order on iron construction castings from Canada (51 FR 7600).
Subsequently, on September 25, 1986, the Department published an
amendment to the final determination in the less-than-fair-value (LTFV)
investigation and to the antidumping duty order on iron construction
castings from Canada (51 FR 34110). On April 30, 1998, the Municipal
Castings Fair Trade Council (the petitioner), requested that the
Department revoke, in part, the antidumping duty order with respect to
light iron construction castings based on its lack of further interest.
Scope of the Order
The merchandise covered by the order consists of certain iron
construction castings from Canada, limited to manhole covers, rings,
and frames, catch basin grates and frames, cleanout covers and frames
used for drainage or access purposes for public utility, water and
sanitary systems, classifiable as heavy castings under Harmonized
Tariff Schedule (HTS) item numbers 7325.10.0010 and 7325.10.0050; and
to valve, service, and meter boxes which are placed below ground to
encase water, gas, or other valves, or water and gas meters,
classifiable as light castings under HTS item numbers 8306.29.0000 and
8310.00.0000. The HTS item numbers are provided for convenience and
Customs purposes only. The written description remains dispositive.
Scope of the Changed Circumstances Administrative Review
Imports covered by this changed circumstances administrative review
are shipments of light castings from Canada, as described above.
Initiation and Preliminary Results of Changed Circumstances
Antidumping Duty Administrative Review, and Intent to Revoke in
Part
Pursuant to section 751(d)(1) of 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 information concerning changed circumstances sufficient to
warrant a review.
Section 351.222(g) of the Department's regulations provides that
the Department will conduct a changed circumstances review under 19 CFR
351.216, and may revoke an order in whole or in part, if it determines
that the producers accounting for substantially all of the production
of the domestic like product have expressed a lack of interest in the
order, in whole or in part. In addition, in the event that the
Department concludes that expedited action is warranted, sections
351.221(c)(3)(ii) and 351.222(f)(2)(iv) of the regulations permit the
Department to combine the notices of initiation and preliminary
results. Therefore, in accordance with sections 751(b) of the Act and
19 CFR 351.216, 351.221, and 351.222, based on an affirmative statement
of no interest by the petitioner in continuing the order with respect
to light iron construction castings, as described above, we are
initiating this changed circumstances administrative review. Based on
the fact that no other interested parties have objected to the position
taken by the petitioner, we have determined that expedited action is
warranted, and we are combining these notices of initiation and
preliminary results. We have preliminarily determined that there are
changed circumstances sufficient to warrant partial revocation of the
antidumping duty order on iron construction castings from Canada.
Therefore, we are hereby notifying the public of our intent to revoke,
in part, the antidumping duty order as it relates to imports of light
iron construction castings.
If final revocation in part occurs, we intend to instruct the U.S.
Customs Service (Customs) to end the suspension of liquidation of iron
construction castings subject to this changed circumstances review on
the effective date of the final notice of partial revocation, and to
refund any estimated antidumping duties collected, for all unliquidated
entries of such merchandise made on or after March 1, 1997. We will
also instruct Customs to pay interest on such refunds 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
Interested parties may request a hearing and/or may submit case
briefs and/or written comments no later than 30 days after the date of
publication of these results. Rebuttal briefs and rebuttals to written
comments, limited to issues raised in such briefs or comments, may be
filed no later than 35
[[Page 36877]]
days after the date of publication of these results. The Department
will issue the final results of this changed circumstances review,
which will include the results of its analysis of any issues raised in
any such written comments, no later than 270 days after the date on
which this review was initiated, or within 45 days if all parties agree
to our preliminary results.
This notice is in accordance with section 751(b) of the Act (19
U.S.C. 1675(b)), and 19 CFR 351.216, 351.221, and 351.222.
Dated: June 30, 1998.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-18112 Filed 7-7-98; 8:45 am]
BILLING CODE 3510-DS-P