[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Notices]
[Pages 45461-45462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17200]



[[Page 45461]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-503]


Notice of Initiation and Preliminary Results of Changed 
Circumstances Antidumping Duty Administrative Review: Iron Construction 
Castings From Canada

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

SUMMARY: The Department of Commerce (the Department) has received 
information sufficient to warrant initiation of a changed circumstances 
administrative review of the antidumping duty order on iron 
construction castings from Canada. Based on this information, we 
preliminarily determine that the Laperle foundry, Grand Mere foundry, 
and Bibby Ste Croix foundry, which were owned by various legal entities 
named as respondents in prior segments of this proceeding, are now all 
part of the Bibby Ste-Croix Division of Canada Pipe Company, Ltd. 
(Canada Pipe) and that the merchandise from these foundries should 
receive the same antidumping duty rate as the rate applied to Canada 
Pipe Company, Ltd. Interested parties are invited to comment on these 
preliminary results.

EFFECTIVE DATE: July 9, 2002.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Howard Smith, AD/CVD 
Enforcement, Group II, Office 4, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-4081 
and (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise stated, all citations to the Tariff Act of 1930, 
as amended (the Act), are references to the provisions effective as of 
January 1, 1995, the effective date of the amendments made to 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 (April 2002).

Background

    On April 12, 2001, the Department published in the Federal Register 
(66 FR 18900) the final results of the antidumping duty administrative 
review on iron construction castings from Canada covering the period 
March 1, 1999 through February 29, 2000 (99-00 administrative review). 
Canada Pipe was the sole respondent in the 99-00 administrative review. 
On May 10, 2002, Canada Pipe submitted a written request that the 
Department clarify for the U.S. Customs Service (possibly in the 
context of a changed circumstances review) that the weighted-average 
margin calculated in the 99-00 administrative review applies to Canada 
Pipe's unincorporated plants (or foundries) that have ``Bibby Ste-
Croix,'' ``Laperle,'' ``Grand Mere,'' or simply ``Bibby'' in their 
names.

Scope of Review

    The merchandise covered by this review 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 number 7325.10.0010. The HTS item number is 
provided for convenience and Customs purposes only. The written 
description remains dispositive.

Initiation and Preliminary Results of Review

    In its May 10, 2002 submission to the Department, Canada Pipe 
explained that questions have arisen on the part of the U.S. Customs 
Service (U.S. Customs) as to whether subject merchandise produced by 
certain Canada Pipe foundries is entitled to the antidumping margin 
calculated for Canada Pipe in the 99-00 administrative review. 
Specifically, questions arose regarding Canada Pipe's foundries that 
have ``Bibby,'' ``Bibby Ste-Croix,'' ``Laperle,'' or ``Grand Mere'' in 
their names because these foundries were owned by entities that had 
received individual antidumping duty margins in prior segments of the 
proceeding on iron construction castings from Canada. In its May 10, 
2002 submission, Canada Pipe notes that it did not start producing the 
subject merchandise until April 1997, when it acquired the assets and 
trademarks of these castings foundries from an unrelated entity. 
Further, Canada Pipe notes that during the 99-00 administrative review, 
it operated these foundries, Fonderie Bibby Ste-Croix, Fonderie 
Laperle, and Fonderie Grand Mere,\1\ as unincorporated foundries within 
its Bibby Ste-Croix Division. However, because Canada Pipe continues to 
use these foundry names, or references thereto, on sales and Customs 
entry documentation, U.S. Customs has continued to apply the 
antidumping duty deposit rates assigned to these foundries in prior 
segments of this proceeding to entries of Canada Pipe's subject 
merchandise.
---------------------------------------------------------------------------

    \1\ These are the Canadian French versions of the foundry names.
---------------------------------------------------------------------------

    Thus, in accordance with section 751(b) of the Act and sections 
351.216 and 351.221(a) of the Department's regulations, the Department 
is initiating a changed circumstances review to determine whether the 
unincorporated Bibby Ste-Croix, Laperle, and Grand Mere foundries 
identified as part of Canada Pipe's Bibby Ste-Croix Division are the 
foundries that were owned by various legal entities named as 
respondents in prior segments of this proceeding and whether Canada 
Pipe was the legal entity that owned these foundries during the 99-00 
administrative review.
    Canada Pipe has presented evidence to establish a prima facie case 
supporting its status as the sole owner of the Laperle, Grand Mere and 
Bibby Ste Croix foundries that were involved in a number of segments of 
this proceeding prior to the 99-00 administrative review. Moreover, the 
Department has examined the record of all of the proceeding segments 
prior to the 99-00 administrative review and found evidence which 
supports the information that Canada Pipe submitted in its May 20, 2002 
request for this changed circumstances review. Finally, the Department 
notes that its examination of Canada Pipe during the 99-00 
administrative review encompassed the entire company, including the 
Bibby Ste-Croix Division and all of its heavy castings foundries, Bibby 
Ste-Croix, Laperle, and Grand Mere--(i.e., the Canadian Pipe dumping 
margin calculated in that review was based on the combined sales of all 
of these foundries). As a consequence, we find that it is appropriate 
to issue the preliminary results of our review in combination with the 
notice of initiation of the changed circumstances review in accordance 
with section 351.221(c)(3)(ii) of the Department's regulations. Because 
the evidence indicates that Canada Pipe is the sole owner of the 
unincorporated Bibby Ste Croix Division, we preliminarily determine 
that Canada Pipe's Bibby Ste Croix Division and its Bibby Ste Croix 
Foundry, Laperle Foundry, Grand Mere Foundry should be given the same 
antidumping duty treatment as Canada Pipe, including Canada Pipe's 3.84 
percent antidumping duty cash deposit rate established in the 99-00 
administrative review based on

[[Page 45462]]

production and sales by all of these foundries. For further discussion 
of this issue, see the memorandum from Holly A. Kuga to Bernard T. 
Carreau, dated concurrently with this notice, regarding Iron 
Constructing Castings from Canada: Changed Circumstances Review.
    Because the Department reviewed sales of Canada Pipe, including its 
Bibby Ste Croix Division, in the 99-00 administrative review, the cash 
deposit rate from that review will apply to all entries of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after April 12, 2001, the date of publication of the final results in 
the 99-00 administrative review. This deposit rate shall remain in 
effect until publication of the final results of the next relevant 
administrative review.
    Interested parties are invited to comment on these preliminary 
results. Any written comments may be submitted no later than 14 days 
after date of publication of this notice. Rebuttal briefs, limited to 
arguments raised in case briefs, are due five days after the case brief 
deadline. Case briefs and rebuttal briefs must be served on interested 
parties in accordance with 19 CFR 351.209. The Department will publish 
the final results of the changed circumstances review including the 
results of its analysis of any issues raised in any such comments.
    This initiation of review, preliminary results of review, and 
notice are in accordance with sections 751(b) and 777(i)(1) of the Act.

    Dated: June 24, 2002.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-17200 Filed 7-8-02; 8:45 am]
BILLING CODE 3510-DS-P