[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Notices]
[Pages 21910-21911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11019]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Certain Circular Welded Non-Alloy Steel Pipe From the Republic of 
Korea; Preliminary Results of Changed Circumstances Review

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

ACTION: Notice of preliminary results of changed circumstances 
antidumping duty administrative review.

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SUMMARY: On February 27, 2001, the Department of Commerce published a 
notice of initiation in the above-named case. As a result of this 
review, the Department of Commerce preliminarily finds for the purposes 
of this proceeding that Hyundai Steel Company is the successor-in-
interest to Hyundai Pipe Company, Ltd.

EFFECTIVE DATE: May 2, 2001.

FOR FURTHER INFORMATION CONTACT: Suresh Maniam or Sibel Oyman, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-0176 and (202) 482-1174, respectively.

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the ``Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act. In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(``Department'') regulations are to 19 CFR Part 351 (2000).

SUPPLEMENTARY INFORMATION:

Background

    On February 27, 2001, the Department published a notice of 
initiation of this changed circumstances review (see Notice of 
Initiation of Changed Circumstances Antidumping Duty Administrative 
Review, 66 FR 12460). On March 20, 2001, the Department conducted a 
verification of Hyundai Steel Company (``Hyundai Hysco'') at its 
headquarters in Seoul (see Memorandum to the File, ``Verification of 
Hyundai Hysco in the Changed Circumstance Review of Oil Country Tubular 
Goods and Circular Welded Non-Alloy Steel Pipe from South Korea,'' 
dated April 13, 2001) (public version on file in the Department's 
Central Records Unit, in Room B-099).

Scope of the Review

    The merchandise subject to this review is circular welded non-alloy 
steel pipe and tube, of circular cross-section, not more than 406.4mm 
(16 inches) in outside diameter, regardless of wall thickness, surface 
finish (black, galvanized, or painted), or end finish (plain end, 
beveled end, threaded, or threaded and coupled). These pipes and tubes 
are generally known as standard pipes and tubes and are intended for 
the low-pressure conveyance of water, steam, natural gas, air, and 
other liquids and gases in plumbing and heating systems, air-
conditioning units, automatic sprinkler systems, and other related 
uses. Standard pipe may also be used for light load-bearing 
applications, such as for fence tubing, and as structural pipe tubing 
used for framing and as support members for reconstruction or load-
bearing purposes in the construction, shipbuilding, trucking, farm 
equipment, and other related industries. Unfinished conduit pipe is 
also included in this order.
    All carbon-steel pipes and tubes within the physical description 
outlined above are included within the scope of this review except line 
pipe, oil country tubular goods, boiler tubing, mechanical tubing, pipe 
and tube hollows for redraws, finished scaffolding, and finished 
conduit. In accordance with the Department's Final Negative 
Determination of Scope Inquiry on Certain Circular Welded Non-Alloy 
Steel Pipe and Tube from Brazil, the Republic of Korea, Mexico, and 
Venezuela, 61 FR 11608, (March 21, 1996), pipe certified to the API 5L 
line-pipe specification and pipe certified to both the API 5L line-pipe 
specifications and the less-stringent ASTM A-53 standard-pipe 
specifications, which falls within the physical parameters as outlined 
above, and entered as line pipe of a kind used for oil and gas 
pipelines is outside of the scope of the antidumping duty order.
    Imports of these products are currently classifiable under the 
following Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. 
Although the HTSUS subheadings are provided for convenience and Customs 
Service purposes, our written description of the scope of this 
proceeding is dispositive.

Preliminary Results

    In making successor-in-interest determinations, the Department 
examines several factors including, but not limited to, changes in: (1) 
Management; (2) production facilities; (3) supplier relationships; and 
(4) customer base. See, e.g., Brass Sheet and Strip from Canada; Final 
Results of Antidumping Duty Administrative Review, 57 FR 20460, 20461 
(May 13, 1992). While no single factor, or combination of factors, will 
necessarily prove dispositive, the Department will generally consider 
the new company to be the successor to its predecessor company if the 
resulting operations are essentially the same as the predecessor 
company. See e.g., Id. and Industrial Phosphoric Acid from Israel; 
Final Results of Changed Circumstances Review, 59 FR 6944, 6945 
(February 14, 1994). Thus, if the evidence demonstrates that, with 
respect to the production and sale of the subject merchandise, the new 
company operates as the same business entity as its predecessor, the 
Department will assign the new company the cash-deposit rate of its 
predecessor.
    Based on the information submitted by Hyundai Hysco during the 
initiation stages of this changed circumstances review and the 
information examined during verification, we preliminarily determine 
that Hyundai Hysco is the successor-in-interest to Hyundai Pipe Company 
(``HDP''). We find that the company's organizational structure, senior 
management, production facilities, supplier relationships, and 
customers have remained essentially unchanged. Furthermore, HDP has 
provided sufficient internal and public documentation of its name 
change. Based on all the evidence reviewed, we find that Hyundai Hysco 
operates as the same business entity as HDP. Thus, we preliminarily 
determine that Hyundai Hysco should receive the same antidumping duty 
cash-deposit rate (i.e., a 2.64 percent antidumping duty cash-deposit 
rate) with respect to the subject merchandise as HDP, its predecessor 
company.

Public Comment

    Any interested party may request a hearing within 10 days of 
publication of this notice. Any hearing, if requested, will be held no 
later than 28 days after the date of publication of this notice, or the 
first workday thereafter. Case briefs and/or written comments from 
interested parties may be submitted not later than 14 days after the 
date of publication of this notice. Rebuttal briefs and rebuttals to 
written comments, limited to the issues raised in those comments, may 
be filed not later than 21 days after the date of publication of this 
notice. All written

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comments shall be submitted in accordance with 19 CFR 351.303. Persons 
interested in attending the hearing, if one is requested, should 
contact the Department for the date and time of the hearing. The 
Department will publish the final results of this changed circumstances 
review, including the results of its analysis of issues raised in any 
written comments.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act and 
sections 351.216 and 351.222 of the Department's regulations. Effective 
January 20, 2001, Bernard T. Carreau is fulfilling the duties of 
Assistant Secretary for Import Administration.

    Dated: April 26, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, Import Administration.
[FR Doc. 01-11019 Filed 5-1-01; 8:45 am]
BILLING CODE 3510-DS-P