[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Notices]
[Pages 61578-61579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24927]


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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 June 16, 2002, the Department of Commerce published a 
notice of initiation in the changed circumstances review of the 
antidumping duty order on circular welded non-alloy steel pipe from the 
Republic of Korea. As a result of this review, the Department of 
Commerce preliminarily finds, for the purposes of this proceeding, that 
Husteel Company, Ltd. is the successor-in-interest to Shinho Steel 
Company, Ltd.

EFFECTIVE DATE: October 1, 2002.

FOR FURTHER INFORMATION CONTACT: Suresh Maniam or Scott Holland, 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) 482-1279, 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 
(``the Department's'') regulations are to 19 CFR part 351 (2002).

SUPPLEMENTARY INFORMATION:

Background:

    Since the initiation of this changed circumstances review (Notice 
of Initiation of Changed Circumstances Antidumping Duty Administrative 
Review (``Initiation''), 67 FR 41394, June 16, 2002) the following 
events have occurred:
    On July 12, 2002, we issued a changed circumstances questionnaire 
to Husteel requesting additional information regarding successorship. 
We received a response to the questionnaire from Husteel on August 9, 
2002.

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

[[Page 61579]]

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, the 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 20460-61 (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 those of 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 Husteel in its August 9, 
2002, questionnaire response (``questionnaire response''), we 
preliminarily determine that Husteel is the successor-in-interest to 
Shinho.
    Husteel previously provided documentation to support the name 
change, including the minutes of the shareholders' meeting where the 
name change was approved, the corporate articles before and after the 
name change, court certification of the name change, and the new 
business registration certificate issued by tax authorities. See 
Initiation.
    Subsequent to initiation, Husteel provided further documentation to 
support its statement that the company's management structure, 
production facilities, supplier relationships and customer base remain 
unchanged. The Company organizational charts and Board of Directors did 
not change. The company continues to operate two production facilities, 
one at Inchon and in Daebul, Korea. Furthermore, we noted that the 
product code lists for each facility, the monthly purchase transactions 
by vendor, the monthly home market sales transactions by customer, for 
the period of January 2002, through June 2002, were unchanged.
    Based on the evidence on the record, we preliminarily find that 
Husteel operates as the same business entity as Shinho. Consequently, 
we preliminarily determine that Husteel should receive the same 
antidumping duty cash-deposit rate (i.e., a 2.99 percent antidumping 
duty cash-deposit rate) with respect to the subject merchandise as the 
predecessor company, Shinho. See Circular Welded Non-Alloy Steel Pipe 
from the Republic of Korea; Amended Final Results of Antidumping 
Administrative Review, 66 FR 28422, (May 23, 2001).

Public Comment

    Any interested party may request a hearing within 30 days of 
publication of this notice. See 19 CFR 351.310(c). Any hearing, if 
requested, will be held 44 days after the date of publication of this 
notice, or the first working day thereafter. Interested parties may 
submit case briefs and/or written comments not later than 30 days after 
the date of publication of this notice. Rebuttal briefs and rebuttals 
to written comments, which must be limited to issues raised in such 
briefs or comments, may be filed not later than 37 days after the date 
of publication. Parties who submit arguments are requested to submit 
with the argument (1) a statement of the issue, (2) a brief summary of 
the argument, and (3) a table of authorities.
    Consistent with section 351.216(e) of the Department's regulations, 
we will issue the final results of this changed circumstances review 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 finding.
    This notice is in accordance with section 751(b) of the Act.

    Dated: September 25, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-24927 Filed 9-30-02; 8:45 am]
BILLING CODE 3510-DS-P