[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Notices]
[Pages 27938-27939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12749]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-825]


Oil Country Tubular Goods From the Republic of Korea; Preliminary 
Results of Changed Circumstances Antidumping Duty Administrative 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 March 1, 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 (``Hyundai Hysco'') is 
the successor-in-interest to Hyundai Pipe Company, Ltd. (``HDP'').

EFFECTIVE DATE: May 21, 2001.

[[Page 27939]]


FOR FURTHER INFORMATION CONTACT: Mike Strollo or Scott Lindsay, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-5255 and (202) 482-3782, 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 March 1, 2001, the Department published a notice of initiation 
in this changed circumstances review (see Notice of Initiation of 
Changed Circumstances Antidumping Duty Administrative Review, 66 FR 
12925). On March 20, 2001, the Department conducted a verification of 
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. Verification results are outlined in 
the public version of the verification report on file in Room B-099 of 
the main Commerce building.

Scope of the Review

    The products covered by this order are oil country tubular goods 
(``OCTG''), hollow steel products of circular cross-section, including 
only oil well casing and tubing, of iron (other than cast iron) or 
steel (both carbon and alloy), whether seamless or welded, whether or 
not conforming to American Petroleum Institute (``API'') or non-API 
specifications, whether finished or unfinished (including green tubes 
and limited service OCTG products). This scope does not cover casing or 
tubing pipe containing 10.5 percent or more of chromium, or drill pipe. 
The products subject to this order are currently classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') under item 
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 
7304.29.20.60, 7304.29.20.80, 7304.29.30.10, 7304.29.30.20, 
7304.29.30.30, 7304.29.30.40, 7304.29.30.50, 7304.29.30.60, 
7304.29.30.80, 7304.29.40.10, 7304.29.40.20, 7304.29.40.30, 
7304.29.40.40, 7304.29.40.50, 7304.29.40.60, 7304.29.40.80, 
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 
7304.29.50.75, 7304.29.60.15, 7304.29.60.30, 7304.29.60.45, 
7304.29.60.60, 7304.29.60.75, 7305.20.20.00, 7305.20.40.00, 
7305.20.60.00, 7305.20.80.00, 7306.20.10.30, 7306.20.10.90, 
7306.20.20.00, 7306.20.30.00, 7306.20.40.00, 7306.20.60.10, 
7306.20.60.50, 7306.20.80.10, and 7306.20.80.50. Although the HTSUS 
item numbers are provided for convenience and Customs purposes, the 
written description remains dispositive of the scope of this review.

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 HDP. We find the 
company's organizational structure, senior management, production 
facilities, supplier relationships, and customers have remained 
essentially unchanged. Furthermore, Hyundai Hysco has provided 
sufficient internal and public documentation of the 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 be excluded from the antidumping duty order as was 
it's predecessor company, HDP.

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 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 
Secs. 351.216 and 351.222 of the Department's regulations.

Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-12749 Filed 5-18-01; 8:45 am]
BILLING CODE 3510-DS-P