[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Notices]
[Pages 17063-17065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1489]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-583-008)


Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: 
Initiation of Antidumping Duty Changed Circumstance Review

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 circumstance 
review of the antidumping order of certain circular welded carbon steel 
pipes and tubes from Taiwan. See Certain Circular Welded Carbon Steel 
Pipes and Tubes From Taiwan: Antidumping Duty Order, 49 FR 19369 (May 
7, 1984). In response to this request made by Yieh Phui Enterprise Co., 
Ltd. (Yieh Phui), the Department is initiating a changed circumstance 
review to determine whether Yieh Phui is the successor-in-interest to 
Yieh Hsing Enterprise Co, Ltd (Yieh Hsing).

EFFECTIVE DATE: April 4, 2005.

FOR FURTHER INFORMATION CONTACT: Angela Strom or Robert James at (202) 
482-2704 or (202) 482-0649, respectively; AD/CVD Operations, Office 7, 
Import Administration, International Trade Administration, Department 
of Commerce, 14th Street and Constitution Ave. NW, Washington DC 20230.

[[Page 17064]]


SUPPLEMENTARY INFORMATION:

Background

    In the context of the 2002-2003 administrative review of circular 
welded carbon steel pipe and tubes from Taiwan, the respondent,Yieh 
Hsing, had requested the Department to initiate a changed circumstance 
review to determine whether Yieh Phui is the successor-in-interest to 
Yieh Hsing. See Yieh Hsing Section A Questionnaire response dated 
September 11, 2003 (which will be made available upon publication of 
this notice in the Central Records Unit (CRU) at the Department of 
Commerce). At that time, the Department did not find the information in 
the request sufficient to warrant initiation of a changed circumstance 
review. See Letter from the Department to Yieh Hsing dated November 14, 
2003 (also available upon the publication of this notice in CRU). On 
September 30, 2004, the Department published the final results of the 
administrative review and assigned a cash deposit rate of 1.61 percent 
to Yieh Hsing for sales of subject merchandise to the United States. 
See Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final 
Results of Antidumping Duty Administrative Review, 69 FR 58390 
(September 30, 2004).
    On February 15, 2005, Yieh Phui requested the Department to conduct 
an expedited changed circumstances review of the order on certain 
circular welded carbon steel pipes and tubes from Taiwan with respect 
to Yieh Phui. In the request, Yieh Phui included information relating 
to current and former operations of Yieh Phui and Yieh Hsing and 
provided documentation relating to Yieh Phui's acquisition of Yieh 
Hsing's steel pipe production facilities. Accordingly, Yieh Phui asked 
the Department to find Yieh Phui as the successor-in-interest to Yieh 
Hsing and to accord Yieh Phui the same antidumping duty treatment as 
its predecessor with respect to subject merchandise.

Scope of the Order

    Imports covered by the order are shipments of certain circular 
welded carbon steel pipes and tubes. The Department defines such 
merchandise as welded carbon steel pipes and tubes of circular cross 
section, with walls not thinner than 0.065 inch and 0.375 inch or more 
but not over 4.5 inches in outside diameter. These products are 
commonly referred to in the industry as ``standard pipe'' and are 
produced to various American Society for Testing Materials 
specifications, most notably A-53, A-120 and A-135. Standard pipe is 
currently classified under Harmonized Tariff Schedule of the United 
States (HTSUS) item subheadings 7306.30.5025, 7306.30.5032, 
7306.30.5040, and 7306.30.5055. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the merchandise under the order is dispositive.

Initiation of Changed Circumstance Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as 
amended, the Department will conduct a changed circumstance review upon 
request from an interested party or receipt of information concerning 
an antidumping duty order, which shows changed circumstances exist to 
warrant a review of the order. Pursuant to Yieh Phui's request dated 
February 15, 2005, the Department is initiating a changed circumstance 
review to determine whether Yieh Phui is the successor-in-interest to 
Yieh Hsing for purposes of determining antidumping liability with 
respect to imports of subject merchandise from Taiwan produced and 
exported by Yieh Phui.
    In making a successor-in-interest determination, 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 Notice of Final Results of Changed Circumstances 
Review: Polychloroprene Rubber from Japan, 69 FR 67890 (November 22, 
2004) citing, Brass Sheet and Strip from Canada: Notice of Final 
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 
1992) (Brass Sheet). While no single factor or a combination of these 
factors will necessarily provide a dispositive indication, the 
Department will generally consider the new company to be the successor 
to the previous company if its resulting operation is not materially 
dissimilar to that of its predecessor. See e.g., Industrial Phosphoric 
Acid from Israel: Final Results of Changed Circumstances Review, 59 FR 
6944 (February 14, 1994), Canadian Brass, and Certain Preserved 
Mushrooms from India: Final Results of Changed-Circumstances Review, 68 
FR 6884 (February 11, 2003). If evidence demonstrates that, with 
respect to the production and sale of the subject merchandise, the new 
company operates as the same entity as the former company, the 
Department will treat the successor company the same as the predecessor 
for antidumping purposes. See Fresh and Chilled Atlantic Salmon from 
Norway: Final Results of Changed Circumstance Antidumping 
Administrative Review, 64 FR 9979 (March 1, 1999).
    While Yieh Phui claims it has been operating the steel pipe 
operations as the same entity as Yieh Hsing, the Department determines 
that Yieh Phui has not provided prima facie evidence that Yieh Phui is 
the successor-in-interest to Yieh Hsing. Because we find deficiencies 
in the information provided by Yieh Phui, we will collect additional 
information in the context of this review.
    Section 351.211 (c)(3)(ii) of the Department's regulations permits 
the Department to combine the notice of initiation of a changed 
circumstance review and the notice of preliminary results in a single 
notice if the Department concludes that expedited action is warranted. 
As noted, although the Department finds the information submitted by 
Yieh Phui sufficient to warrant the initiation of a changed 
circumstance review, we do not find the information sufficient to make 
a preliminary finding. Because the record supporting Yieh Phui's claim 
is deficient, we find that expedited action is impracticable. Thus, the 
Department is not issuing the preliminary results of this antidumping 
duty changed circumstances review at this time.
    The Department will publish in the Federal Register a notice of 
preliminary results of antidumping duty changed circumstance review, in 
accordance with 19 CFR 351.221(b)(4) and 19 CFR 351.221 (c)(3)(i). This 
notice will set forth the factual and legal conclusions upon which our 
preliminary results are based and a description of any action proposed 
based on those results. Pursuant to 19 CFR 351.221(b)(4)(ii), 
interested parties will have an opportunity to comment on the 
preliminary results of this review. In accordance with 19 CFR 351.216 
(e), the Department will issue the final results of its antidumping 
duty changed circumstance review not later than 270 days after the date 
on which the review is initiated.
    During the course of this antidumping duty changed circumstance 
review, we will not change the cash deposit requirements for the 
merchandise subject to review. The cash deposit will only be altered, 
if warranted, pursuant to the final results of this review.
    This notice of initiation is in accordance with sections 751(b)(1) 
of the Tariff Act and 19 CFR 351.221(b)(1).


[[Page 17065]]


    Dated: March 24, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1489 Filed 4-1-05; 8:45 am]
BILLING CODE 3510-DS-S