[Federal Register Volume 65, Number 164 (Wednesday, August 23, 2000)]
[Notices]
[Pages 51328-51329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21502]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-864-867 (Final)]


Certain Stainless Steel Butt-Weld Pipe Fittings From Germany, 
Italy, Malaysia, and the Philippines

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-864, 865, and 867 
(Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 
1673d(b)) (the Act) to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of less-than-fair-value imports from Germany, 
Italy, and the Philippines of stainless steel butt-weld pipe fittings, 
provided for in subheading 7307.23.00 of the Harmonized Tariff Schedule 
of the United States.\1\ Section 207.21(b) of the Commission's rules 
provides that, where the Department of Commerce has issued a negative 
preliminary determination, the Commission will not publish a notice of 
scheduling for the final phase of its investigation unless and until it 
receives an affirmative final determination from Commerce. Although the 
Department of Commerce has preliminarily determined that certain 
stainless steel butt-weld pipe fittings from Malaysia are not being 
sold, nor are likely to be sold, in the United States at less than fair 
value, for purposes of efficiency the Commission hereby waives rule 
207.21(b) and gives notice of the scheduling of the final phase of the 
antidumping investigation No. 731-TA-866 (Final) under section 735(b) 
of the Act. The Commission is taking this action so that the final 
phases of the antidumping investigations may proceed concurrently in 
the event that Commerce makes a final affirmative antidumping 
determination with respect to Malaysia. If Commerce makes a final 
negative antidumping determination with respect to Malaysia, the 
Commission will terminate its antidumping investigation under section 
735(c)(2) of the Act (19 U.S.C. 1673d(c)(2)), and section 207.2(d) of 
the Commission's rules.
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    \1\ For purposes of these investigations, Commerce has defined 
the subject merchandise as follows: ``Certain stainless steel butt-
weld pipe fittings are under 14 inches in outside diameter (based on 
nominal pipe size), whether finished or unfinished. The product 
encompasses all grades of stainless steel and ``commodity'' and 
``specialty'' fittings. Specifically excluded from the definition 
are threaded, grooved, and bolted fittings, and fittings made from 
any material other than stainless steel. The fittings subject to 
these investigations are generally designated under specification 
ASTM A403/A403M, the standard specification for Wrought Austenitic 
Stainless Steel Piping Fittings, or its foreign equivalents (e.g., 
DIN or JIS specifications). This specification covers two general 
classes of fittings, WP and CR, of wrought austenitic stainless 
steel fittings of seamless and welded construction covered by the 
latest revision of ANSI B16.9, ANSI B16.11, and ANSI B16.28. Pipe 
fittings manufactured to specification ASTM A774, or its foreign 
equivalents, are also covered by these investigations. These 
investigations do not apply to cast fittings. Cast austenitic 
stainless steel pipe fittings are covered by specifications A351/
A351M, A743/743M, and A744/A744M.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: August 2, 2000.

FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise (202-708-5408), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

[[Page 51329]]

    Background.--The final phase of these investigations is being 
scheduled as a result of an affirmative preliminary determination by 
the Department of Commerce that imports of stainless steel butt-weld 
pipe fittings from Germany, Italy, and the Philippines are being sold 
in the United States at less than fair value within the meaning of 
section 733 of the Act (19 U.S.C. 1673b). These investigations were 
requested in a petition filed on December 29, 1999 by Alloy Piping 
Products, Inc., Shreveport, LA; Flowline Div. of Markovitz Enterprises, 
Inc., New Castle, PA; Gerlin, Inc., Carol Stream, IL; and Taylor Forge 
Stainless, Inc., North Branch, NJ.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on October 
4, 2000, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on October 
17, 2000, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before October 6, 2000. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on October 12, 2000, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is October 11, 2000. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is October 24, 2000; witness testimony must be filed no later 
than three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations on or before October 24, 2000. On November 13, 2000 (for 
Germany) and January 11, 2001 (for all other investigations), the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before November 15, 2000 (for 
Germany) and January 16, 2001 (for all other investigations), but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    Issued: August 17, 2000.
    By order of the Commission.

Donna R. Koehnke,
Secretary.
[FR Doc. 00-21502 Filed 8-22-00; 8:45 am]
BILLING CODE 7020-02-P