Certain Pipe and Tube From Argentina, Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey, 38204-38207 [05-13157]
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38204
Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Notices
in units and value data in U.S. dollars).
If you are a trade/business association,
provide the information, on an aggregate
basis, for the firms which are members
of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping duties) of U.S. imports
and, if known, an estimate of the
percentage of total U.S. imports of
Subject Merchandise from the Subject
Country accounted for by your firm’s(s’)
imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
U.S. commercial shipments of Subject
Merchandise imported from the Subject
Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping duties) of
U.S. internal consumption/company
transfers of Subject Merchandise
imported from the Subject Country.
(9) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in the Subject Country,
provide the following information on
your firm’s(s’) operations on that
product during calendar year 2004
(report quantity data in units and value
data in U.S. dollars, landed and dutypaid at the U.S. port but not including
antidumping duties). If you are a trade/
business association, provide the
information, on an aggregate basis, for
the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in the Subject Country accounted for by
your firm’s(s’) production; and
(b) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from the Subject Country
accounted for by your firm’s(s’) exports.
(10) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
the Subject Country after 1998, and
significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
produced in the United States, Subject
Merchandise produced in the Subject
Country, and such merchandise from
other countries.
(11) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
1 No response to this request for information is
required if a currently valid Office of Management
and Budget (OMB) number is not displayed; the
OMB number is 3117–0016/USITC No. 05–5–132,
expiration date June 30, 2005. Public reporting
burden for the request is estimated to average 10
hours per response. Please send comments
regarding the accuracy of this burden estimate to
the Office of Investigations, U.S. International Trade
Commission, 500 E Street, SW., Washington, DC
20436.
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Authority: This review is being conducted
under authority of title VII of the Tariff Act
of 1930; this notice is published pursuant to
section 207.61 of the Commission’s rules.
Issued: June 22, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–13160 Filed 6–30–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–253 and 731–
TA–132, 252, 271, 273, 409, 410, 532–534,
and 536 (Second Review)]
Certain Pipe and Tube From Argentina,
Brazil, India, Korea, Mexico, Taiwan,
Thailand, and Turkey
United States International
Trade Commission.
ACTION: Institution of five-year reviews
concerning the countervailing duty
order on welded carbon steel pipe and
tube from Turkey and the antidumping
duty orders on certain pipe and tube
from Argentina, Brazil, India, Korea,
Mexico, Taiwan, Thailand, and Turkey.
AGENCY:
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SUMMARY: The Commission hereby gives
notice that it has instituted reviews
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the Act)
to determine whether revocation of the
countervailing duty order on welded
carbon steel pipe and tube from Turkey
and the antidumping duty orders on
certain pipe and tube from Argentina,
Brazil, India, Korea, Mexico, Taiwan,
Thailand, and Turkey would be likely to
lead to continuation or recurrence of
material injury. Pursuant to section
751(c)(2) of the Act, interested parties
are requested to respond to this notice
by submitting the information specified
below to the Commission; 1 to be
assured of consideration, the deadline
for responses is August 22, 2005.
Comments on the adequacy of responses
may be filed with the Commission by
September 13, 2005. For further
information concerning the conduct of
these reviews and rules of general
application, consult the Commission’s
Rules of Practice and Procedure, part
201, subparts A through E (19 CFR part
201), and part 207, subparts A, D, E, and
F (19 CFR part 207).
DATES:
Effective July 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (https://
www.usitc.gov). The public record for
these reviews may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On the dates listed
below, the Department of Commerce
issued a countervailing duty order and
antidumping duty orders on the subject
imports:
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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Notices
Order date
Product/country
5/7/84 .....................
3/7/86 .....................
3/11/86 ...................
5/12/86 ...................
5/15/86 ...................
3/27/89 ...................
5/26/89 ...................
11/2/92 ...................
11/2/92 ...................
11/2/92 ...................
11/2/92 ...................
Small diameter carbon steel pipe Tube/Taiwan ..................................................
Welded carbon steel pipe and tube/Turkey .........................................................
Welded carbon steel pipe and tube/Thailand ......................................................
Welded carbon steel pipe and tube/India ............................................................
Welded carbon steel pipe and tube/Turkey .........................................................
Light-walled rectangular pipe and tube/Taiwan ...................................................
Light-walled rectangular pipe and tube/Argentina ...............................................
Circular welded nonalloy steel pipe/Brazil ...........................................................
Circular welded nonalloy steel pipe/Korea ..........................................................
Circular welded nonalloy steel pipe/Mexico .........................................................
Circular welded nonalloy steel pipe/Taiwan ........................................................
Following five-year reviews by
Commerce and the Commission,
effective August 22, 2000, Commerce
issued a continuation of the
countervailing duty order on imports of
welded carbon steel pipe and tube from
Turkey (65 FR 50960) and the
antidumping duty orders on imports of
certain pipe and tube from Argentina,
Brazil, India, Korea, Mexico, Taiwan,
Thailand, and Turkey (65 FR 50955–
50958). The Commission is now
conducting second reviews to determine
whether revocation of the orders would
be likely to lead to continuation or
recurrence of material injury to the
domestic industry within a reasonably
foreseeable time. It will assess the
adequacy of interested party responses
to this notice of institution to determine
whether to conduct full reviews or
expedited reviews. The Commission’s
determinations in any expedited
reviews will be based on the facts
available, which may include
information provided in response to this
notice.
Definitions.—The following
definitions apply to these reviews:
(1) Subject Merchandise is the class or
kind of merchandise that is within the
scope of the five-year reviews, as
defined by the Department of
Commerce.
(2) The Subject Countries in these
reviews are Argentina, Brazil, India,
Korea, Mexico, Taiwan, Thailand, and
Turkey.
(3) The Domestic Like Product is the
domestically produced product or
products which are like, or in the
absence of like, most similar in
characteristics and uses with, the
Subject Merchandise. In its original
determinations, the Commission
defined the Domestic Like Products as
follows: (1) Small Diameter Circular
Welded Carbon Steel Pipes and Tubes
from Taiwan (Inv. No. 731–TA–132)—
small diameter circular pipes and tubes
(i.e., with an outside diameter of at least
0.375 inch but not more than 4.5
inches); (2) Certain Circular Welded
Carbon Steel Pipes and Tubes from
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Inv. No.
Thailand and Turkey (Inv. Nos. 731–
TA–252 and 701–TA–253)—standard
pipe up to and including 16 inches in
outside diameter; (3) Certain Circular
Welded Carbon Steel Pipes and Tubes
from India and Turkey (Inv. Nos. 731–
TA–271 and 273)—standard pipe of not
more than 16 inches in outside
diameter; (4) Certain Circular Welded
Carbon Steel Pipes and Tubes from
Brazil, Korea, Mexico, and Taiwan (Inv.
Nos. 731–TA–532–534 and 536)—
circular welded, non-alloy steel pipes
and tubes of not more than 16 inches in
outside diameter, except (a) finished
conduit other than finished rigid
conduit and (b) mechanical tubing that
is not cold-drawn or cold-rolled; (5)
Light-Walled Rectangular Pipe and Tube
from Argentina and Taiwan (Inv. Nos.
731–TA–409 and 410)—light-walled
rectangular pipe and tube. In its full
five-year review determinations, the
Commission found the following
Domestic Like Products: (A) for the
reviews listed in items (1)–(4) above,
circular welded non-alloy steel pipes
and tubes up to and including 16 inches
in outside diameter, regardless of wall
thickness and (B) for the reviews listed
in item (5) above, light-walled
rectangular pipe and tube.
(4) The Domestic Industry is the U.S.
producers as a whole of the Domestic
Like Product, or those producers whose
collective output of the Domestic Like
Product constitutes a major proportion
of the total domestic production of the
product. In its original determinations,
the Commission defined the Domestic
Industries as follows: (1) Small Diameter
Circular Welded Carbon Steel Pipes and
Tubes from Taiwan (Inv. No. 731–TA–
132)—domestic producers of small
diameter circular pipes and tubes (i.e.,
with an outside diameter of at least
0.375 inch but not more than 4.5
inches); (2) Certain Circular Welded
Carbon Steel Pipes and Tubes from
Thailand and Turkey (Inv. Nos. 731–
TA–252 and 701–TA–253)—domestic
producers of standard pipe up to and
including 16 inches outside diameter;
(3) Certain Circular Welded Carbon
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731–TA–132
701–TA–253
731–TA–252
731–TA–271
731–TA–273
731–TA–410
731–TA–409
731–TA–532
731–TA–533
731–TA–534
731–TA–536
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
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FR
FR
FR
FR
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19369
7984
8341
17384
17784
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22794
49453
49453
49453
49454
Steel Pipes and Tubes from India and
Turkey (Inv. Nos. 731–TA–271 and
273)—domestic producers of standard
pipe of not more than 16 inches in
outside diameter; (4) Certain Circular
Welded Carbon Steel Pipes and Tubes
from Brazil, Korea, Mexico, and Taiwan
(Inv. Nos. 731–TA–532–534 and 536)—
domestic producers of circular welded,
non-alloy steel pipes and tubes of not
more than 16 inches in outside
diameter, except (a) finished conduit
other than finished rigid conduit and (b)
mechanical tubing that is not colddrawn or cold-rolled; (5) Light-Walled
Rectangular Pipe and Tube from
Argentina and Taiwan (Inv. Nos. 731–
TA–409 and 410)—domestic producers
of light-walled rectangular pipe and
tube. In its full five-year review
determinations, the Commission found
the following Domestic Industries: (A)
for the reviews listed in items (1)–(4)
above, domestic producers of circular
welded non-alloy steel pipes and tubes
up to and including 16 inches in outside
diameter, regardless of wall thickness
and (B) for the review listed in item (5)
above, domestic producers of lightwalled rectangular pipe and tube.
(5) An Importer is any person or firm
engaged, either directly or through a
parent company or subsidiary, in
importing the Subject Merchandise into
the United States from a foreign
manufacturer or through its selling
agent.
Participation in the reviews and
public service list.—Persons, including
industrial users of the Subject
Merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the reviews as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11(b)(4) of the
Commission’s rules, no later than 21
days after publication of this notice in
the Federal Register. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the reviews.
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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Notices
Former Commission employees who
are seeking to appear in Commission
five-year reviews are reminded that they
are required, pursuant to 19 CFR 201.15,
to seek Commission approval if the
matter in which they are seeking to
appear was pending in any manner or
form during their Commission
employment. The Commission is
seeking guidance as to whether a second
transition five-year review is the ‘‘same
particular matter’’ as the underlying
original investigation for purposes of 19
CFR 201.15 and 18 U.S.C. 207, the post
employment statute for Federal
employees. Former employees may seek
informal advice from Commission ethics
officials with respect to this and the
related issue of whether the employee’s
participation was ‘‘personal and
substantial.’’ However, any informal
consultation will not relieve former
employees of the obligation to seek
approval to appear from the
Commission under its rule 201.15. For
ethics advice, contact Carol McCue
Verratti, Deputy Agency Ethics Official,
at 202–205–3088.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and APO service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
submitted in these reviews available to
authorized applicants under the APO
issued in the reviews, provided that the
application is made no later than 21
days after publication of this notice in
the Federal Register. Authorized
applicants must represent interested
parties, as defined in 19 U.S.C. 1677(9),
who are parties to the reviews. A
separate service list will be maintained
by the Secretary for those parties
authorized to receive BPI under the
APO.
Certification.—Pursuant to section
207.3 of the Commission’s rules, any
person submitting information to the
Commission in connection with these
reviews must certify that the
information is accurate and complete to
the best of the submitter’s knowledge. In
making the certification, the submitter
will be deemed to consent, unless
otherwise specified, for the
Commission, its employees, and
contract personnel to use the
information provided in any other
reviews or investigations of the same or
comparable products which the
Commission conducts under Title VII of
the Act, or in internal audits and
investigations relating to the programs
and operations of the Commission
pursuant to 5 U.S.C. Appendix 3.
Written submissions.—Pursuant to
section 207.61 of the Commission’s
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Jkt 205001
rules, each interested party response to
this notice must provide the information
specified below. The deadline for filing
such responses is August 22, 2005.
Pursuant to section 207.62(b) of the
Commission’s rules, eligible parties (as
specified in Commission rule
207.62(b)(1)) may also file comments
concerning the adequacy of responses to
the notice of institution and whether the
Commission should conduct expedited
or full reviews. The deadline for filing
such comments is September 13, 2005.
All written submissions must conform
with the provisions of sections 201.8
and 207.3 of the Commission’s rules and
any submissions that contain BPI must
also conform with the requirements of
sections 201.6 and 207.7 of the
Commission’s rules. The Commission’s
rules do not authorize filing of
submissions with the Secretary by
facsimile or electronic means, except to
the extent permitted by section 201.8 of
the Commission’s rules, as amended, 67
FR 68036 (November 8, 2002). Also, in
accordance with sections 201.16(c) and
207.3 of the Commission’s rules, each
document filed by a party to the reviews
must be served on all other parties to
the reviews (as identified by either the
public or APO service list as
appropriate), and a certificate of service
must accompany the document (if you
are not a party to the reviews you do not
need to serve your response).
Inability to provide requested
information.—Pursuant to section
207.61(c) of the Commission’s rules, any
interested party that cannot furnish the
information requested by this notice in
the requested form and manner shall
notify the Commission at the earliest
possible time, provide a full explanation
of why it cannot provide the requested
information, and indicate alternative
forms in which it can provide
equivalent information. If an interested
party does not provide this notification
(or the Commission finds the
explanation provided in the notification
inadequate) and fails to provide a
complete response to this notice, the
Commission may take an adverse
inference against the party pursuant to
section 776(b) of the Act in making its
determinations in the reviews.
Information to be Provided in
Response to this Notice of Institution:
Please provide the requested
information separately for each
Domestic Like Product, as defined by
the Commission in its review
determinations, and for each of the
products identified by Commerce as
Subject Merchandise. If you are a
domestic producer, union/worker
group, or trade/business association;
import/export Subject Merchandise
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from more than one Subject Country; or
produce Subject Merchandise in more
than one Subject Country, you may file
a single response. If you do so, please
ensure that your response to each
question includes the information
requested for each pertinent Subject
Country. As used below, the term
‘‘firm’’ includes any related firms.
(1) The name and address of your firm
or entity (including World Wide Web
address if available) and name,
telephone number, fax number, and Email address of the certifying official.
(2) A statement indicating whether
your firm/entity is a U.S. producer of
the Domestic Like Products, a U.S.
union or worker group, a U.S. importer
of the Subject Merchandise, a foreign
producer or exporter of the Subject
Merchandise, a U.S. or foreign trade or
business association, or another
interested party (including an
explanation). If you are a union/worker
group or trade/business association,
identify the firms in which your
workers are employed or which are
members of your association.
(3) A statement indicating whether
your firm/entity is willing to participate
in these reviews by providing
information requested by the
Commission.
(4) A statement of the likely effects of
the revocation of the countervailing
duty order and antidumping duty orders
on the Domestic Industries in general
and/or your firm/entity specifically. In
your response, please discuss the
various factors specified in section
752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject
imports, likely price effects of subject
imports, and likely impact of imports of
Subject Merchandise on the Domestic
Industries.
(5) A list of all known and currently
operating U.S. producers of the
Domestic Like Products. Identify any
known related parties and the nature of
the relationship as defined in section
771(4)(B) of the Act (19 U.S.C.
1677(4)(B)).
(6) A list of all known and currently
operating U.S. importers of the Subject
Merchandise and producers of the
Subject Merchandise in the Subject
Countries that currently export or have
exported Subject Merchandise to the
United States or other countries after
1998.
(7) If you are a U.S. producer of the
Domestic Like Products, provide the
following information on your firm’s
operations on that product during
calendar year 2004 (report quantity data
in short tons and value data in U.S.
dollars, f.o.b. plant). If you are a union/
worker group or trade/business
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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Notices
association, provide the information, on
an aggregate basis, for the firms in
which your workers are employed/
which are members of your association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total U.S. production of the Domestic
Like Products accounted for by your
firm’s(s’) production;
(b) The quantity and value of U.S.
commercial shipments of the Domestic
Like Products produced in your U.S.
plant(s); and
(c) The quantity and value of U.S.
internal consumption/company
transfers of the Domestic Like Products
produced in your U.S. plant(s).
(8) If you are a U.S. importer or a
trade/business association of U.S.
importers of the Subject Merchandise
from the Subject Countries, provide the
following information on your firm’s(s’)
operations on that product during
calendar year 2004 (report quantity data
in short tons and value data in U.S.
dollars). If you are a trade/business
association, provide the information, on
an aggregate basis, for the firms which
are members of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping or countervailing duties)
of U.S. imports and, if known, an
estimate of the percentage of total U.S.
imports of Subject Merchandise from
the Subject Countries accounted for by
your firm’s(s’) imports;
(b) The quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S.
commercial shipments of Subject
Merchandise imported from the Subject
Countries; and
(c) The quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S. internal
consumption/company transfers of
Subject Merchandise imported from the
Subject Countries.
(9) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in the Subject Countries,
provide the following information on
your firm’s(s’) operations on that
product during calendar year 2004
(report quantity data in short tons and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping or
countervailing duties). If you are a
trade/business association, provide the
information, on an aggregate basis, for
the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
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in the Subject Countries accounted for
by your firm’s(s’) production; and
(b) The quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from the Subject Countries
accounted for by your firm’s(s’) exports.
(10) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Products that have
occurred in the United States or in the
market for the Subject Merchandise in
the Subject Countries after 1998, and
significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Products
produced in the United States, Subject
Merchandise produced in the Subject
Countries, and such merchandise from
other countries.
(11) (Optional) A statement of
whether you agree with the above
definitions of the Domestic Like
Products and Domestic Industries; if
you disagree with either or both of these
definitions, please explain why and
provide alternative definitions.
Authority: These reviews are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
Issued: June 22, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–13157 Filed 6–30–05; 8:45 am]
BILLING CODE 7020–02–P
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38207
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–636–638
(Second Review)]
Stainless Steel Wire Rod From Brazil,
France, and India
United States International
Trade Commission.
ACTION: Institution of five-year reviews
concerning the antidumping duty orders
on stainless steel wire rod from Brazil,
France, and India.
AGENCY:
SUMMARY: The Commission hereby gives
notice that it has instituted reviews
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the Act)
to determine whether revocation of the
antidumping duty orders on stainless
steel wire rod from Brazil, France, and
India would be likely to lead to
continuation or recurrence of material
injury. Pursuant to section 751(c)(2) of
the Act, interested parties are requested
to respond to this notice by submitting
the information specified below to the
Commission; 1 to be assured of
consideration, the deadline for
responses is August 22, 2005.
Comments on the adequacy of responses
may be filed with the Commission by
September 13, 2005. For further
information concerning the conduct of
these reviews and rules of general
application, consult the Commission’s
Rules of Practice and Procedure, part
201, subparts A through E (19 CFR part
201), and part 207, subparts A, D, E, and
F (19 CFR part 207).
EFFECTIVE DATE: July 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (https://
1 No response to this request for information is
required if a currently valid Office of Management
and Budget (OMB) number is not displayed; the
OMB number is 3117–0016/USITC No. 05–5–135,
expiration date June 30, 2005. Public reporting
burden for the request is estimated to average 10
hours per response. Please send comments
regarding the accuracy of this burden estimate to
the Office of Investigations, U.S. International Trade
Commission, 500 E Street, SW., Washington, DC
20436.
E:\FR\FM\01JYN1.SGM
01JYN1
]]>Agencies
[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Notices]
[Pages 38204-38207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13157]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-253 and 731-TA-132, 252, 271, 273, 409, 410,
532-534, and 536 (Second Review)]
Certain Pipe and Tube From Argentina, Brazil, India, Korea,
Mexico, Taiwan, Thailand, and Turkey
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing
duty order on welded carbon steel pipe and tube from Turkey and the
antidumping duty orders on certain pipe and tube from Argentina,
Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the
countervailing duty order on welded carbon steel pipe and tube from
Turkey and the antidumping duty orders on certain pipe and tube from
Argentina, Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey
would be likely to lead to continuation or recurrence of material
injury. Pursuant to section 751(c)(2) of the Act, interested parties
are requested to respond to this notice by submitting the information
specified below to the Commission; \1\ to be assured of consideration,
the deadline for responses is August 22, 2005. Comments on the adequacy
of responses may be filed with the Commission by September 13, 2005.
For further information concerning the conduct of these reviews and
rules of general application, consult the Commission's Rules of
Practice and Procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subparts A, D, E, and F (19 CFR part 207).
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\1\ No response to this request for information is required if a
currently valid Office of Management and Budget (OMB) number is not
displayed; the OMB number is 3117-0016/USITC No. 05-5-132,
expiration date June 30, 2005. Public reporting burden for the
request is estimated to average 10 hours per response. Please send
comments regarding the accuracy of this burden estimate to the
Office of Investigations, U.S. International Trade Commission, 500 E
Street, SW., Washington, DC 20436.
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DATES: Effective July 1, 2005.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its Internet server
(https://www.usitc.gov). The public record for these reviews may be
viewed on the Commission's electronic docket (EDIS) at https://
edis.usitc.gov.
SUPPLEMENTARY INFORMATION: Background.--On the dates listed below, the
Department of Commerce issued a countervailing duty order and
antidumping duty orders on the subject imports:
[[Page 38205]]
----------------------------------------------------------------------------------------------------------------
Order date Product/country Inv. No. FR cite
----------------------------------------------------------------------------------------------------------------
5/7/84............................. Small diameter carbon steel 731-TA-132............ 49 FR 19369
pipe Tube/Taiwan.
3/7/86............................. Welded carbon steel pipe 701-TA-253............ 51 FR 7984
and tube/Turkey.
3/11/86............................ Welded carbon steel pipe 731-TA-252............ 51 FR 8341
and tube/Thailand.
5/12/86............................ Welded carbon steel pipe 731-TA-271............ 51 FR 17384
and tube/India.
5/15/86............................ Welded carbon steel pipe 731-TA-273............ 51 FR 17784
and tube/Turkey.
3/27/89............................ Light-walled rectangular 731-TA-410............ 54 FR 12467
pipe and tube/Taiwan.
5/26/89............................ Light-walled rectangular 731-TA-409............ 54 FR 22794
pipe and tube/Argentina.
11/2/92............................ Circular welded nonalloy 731-TA-532............ 57 FR 49453
steel pipe/Brazil.
11/2/92............................ Circular welded nonalloy 731-TA-533............ 57 FR 49453
steel pipe/Korea.
11/2/92............................ Circular welded nonalloy 731-TA-534............ 57 FR 49453
steel pipe/Mexico.
11/2/92............................ Circular welded nonalloy 731-TA-536............ 57 FR 49454
steel pipe/Taiwan.
----------------------------------------------------------------------------------------------------------------
Following five-year reviews by Commerce and the Commission,
effective August 22, 2000, Commerce issued a continuation of the
countervailing duty order on imports of welded carbon steel pipe and
tube from Turkey (65 FR 50960) and the antidumping duty orders on
imports of certain pipe and tube from Argentina, Brazil, India, Korea,
Mexico, Taiwan, Thailand, and Turkey (65 FR 50955-50958). The
Commission is now conducting second reviews to determine whether
revocation of the orders would be likely to lead to continuation or
recurrence of material injury to the domestic industry within a
reasonably foreseeable time. It will assess the adequacy of interested
party responses to this notice of institution to determine whether to
conduct full reviews or expedited reviews. The Commission's
determinations in any expedited reviews will be based on the facts
available, which may include information provided in response to this
notice.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Countries in these reviews are Argentina, Brazil,
India, Korea, Mexico, Taiwan, Thailand, and Turkey.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations, the Commission defined the Domestic Like Products as
follows: (1) Small Diameter Circular Welded Carbon Steel Pipes and
Tubes from Taiwan (Inv. No. 731-TA-132)--small diameter circular pipes
and tubes (i.e., with an outside diameter of at least 0.375 inch but
not more than 4.5 inches); (2) Certain Circular Welded Carbon Steel
Pipes and Tubes from Thailand and Turkey (Inv. Nos. 731-TA-252 and 701-
TA-253)--standard pipe up to and including 16 inches in outside
diameter; (3) Certain Circular Welded Carbon Steel Pipes and Tubes from
India and Turkey (Inv. Nos. 731-TA-271 and 273)--standard pipe of not
more than 16 inches in outside diameter; (4) Certain Circular Welded
Carbon Steel Pipes and Tubes from Brazil, Korea, Mexico, and Taiwan
(Inv. Nos. 731-TA-532-534 and 536)--circular welded, non-alloy steel
pipes and tubes of not more than 16 inches in outside diameter, except
(a) finished conduit other than finished rigid conduit and (b)
mechanical tubing that is not cold-drawn or cold-rolled; (5) Light-
Walled Rectangular Pipe and Tube from Argentina and Taiwan (Inv. Nos.
731-TA-409 and 410)--light-walled rectangular pipe and tube. In its
full five-year review determinations, the Commission found the
following Domestic Like Products: (A) for the reviews listed in items
(1)-(4) above, circular welded non-alloy steel pipes and tubes up to
and including 16 inches in outside diameter, regardless of wall
thickness and (B) for the reviews listed in item (5) above, light-
walled rectangular pipe and tube.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations, the
Commission defined the Domestic Industries as follows: (1) Small
Diameter Circular Welded Carbon Steel Pipes and Tubes from Taiwan (Inv.
No. 731-TA-132)--domestic producers of small diameter circular pipes
and tubes (i.e., with an outside diameter of at least 0.375 inch but
not more than 4.5 inches); (2) Certain Circular Welded Carbon Steel
Pipes and Tubes from Thailand and Turkey (Inv. Nos. 731-TA-252 and 701-
TA-253)--domestic producers of standard pipe up to and including 16
inches outside diameter; (3) Certain Circular Welded Carbon Steel Pipes
and Tubes from India and Turkey (Inv. Nos. 731-TA-271 and 273)--
domestic producers of standard pipe of not more than 16 inches in
outside diameter; (4) Certain Circular Welded Carbon Steel Pipes and
Tubes from Brazil, Korea, Mexico, and Taiwan (Inv. Nos. 731-TA-532-534
and 536)--domestic producers of circular welded, non-alloy steel pipes
and tubes of not more than 16 inches in outside diameter, except (a)
finished conduit other than finished rigid conduit and (b) mechanical
tubing that is not cold-drawn or cold-rolled; (5) Light-Walled
Rectangular Pipe and Tube from Argentina and Taiwan (Inv. Nos. 731-TA-
409 and 410)--domestic producers of light-walled rectangular pipe and
tube. In its full five-year review determinations, the Commission found
the following Domestic Industries: (A) for the reviews listed in items
(1)-(4) above, domestic producers of circular welded non-alloy steel
pipes and tubes up to and including 16 inches in outside diameter,
regardless of wall thickness and (B) for the review listed in item (5)
above, domestic producers of light-walled rectangular pipe and tube.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the reviews and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the reviews.
[[Page 38206]]
Former Commission employees who are seeking to appear in Commission
five-year reviews are reminded that they are required, pursuant to 19
CFR 201.15, to seek Commission approval if the matter in which they are
seeking to appear was pending in any manner or form during their
Commission employment. The Commission is seeking guidance as to whether
a second transition five-year review is the ``same particular matter''
as the underlying original investigation for purposes of 19 CFR 201.15
and 18 U.S.C. 207, the post employment statute for Federal employees.
Former employees may seek informal advice from Commission ethics
officials with respect to this and the related issue of whether the
employee's participation was ``personal and substantial.'' However, any
informal consultation will not relieve former employees of the
obligation to seek approval to appear from the Commission under its
rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy
Agency Ethics Official, at 202-205-3088.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in these reviews available to authorized
applicants under the APO issued in the reviews, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the reviews. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with these reviews must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will be deemed to consent,
unless otherwise specified, for the Commission, its employees, and
contract personnel to use the information provided in any other reviews
or investigations of the same or comparable products which the
Commission conducts under Title VII of the Act, or in internal audits
and investigations relating to the programs and operations of the
Commission pursuant to 5 U.S.C. Appendix 3.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is August 22, 2005. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission
should conduct expedited or full reviews. The deadline for filing such
comments is September 13, 2005. All written submissions must conform
with the provisions of sections 201.8 and 207.3 of the Commission's
rules and any submissions that contain BPI must also conform with the
requirements of sections 201.6 and 207.7 of the Commission's rules. The
Commission's rules do not authorize filing of submissions with the
Secretary by facsimile or electronic means, except to the extent
permitted by section 201.8 of the Commission's rules, as amended, 67 FR
68036 (November 8, 2002). Also, in accordance with sections 201.16(c)
and 207.3 of the Commission's rules, each document filed by a party to
the reviews must be served on all other parties to the reviews (as
identified by either the public or APO service list as appropriate),
and a certificate of service must accompany the document (if you are
not a party to the reviews you do not need to serve your response).
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act in making its
determinations in the reviews.
Information to be Provided in Response to this Notice of
Institution: Please provide the requested information separately for
each Domestic Like Product, as defined by the Commission in its review
determinations, and for each of the products identified by Commerce as
Subject Merchandise. If you are a domestic producer, union/worker
group, or trade/business association; import/export Subject Merchandise
from more than one Subject Country; or produce Subject Merchandise in
more than one Subject Country, you may file a single response. If you
do so, please ensure that your response to each question includes the
information requested for each pertinent Subject Country. As used
below, the term ``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Products, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
countervailing duty order and antidumping duty orders on the Domestic
Industries in general and/or your firm/entity specifically. In your
response, please discuss the various factors specified in section
752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of
subject imports, likely price effects of subject imports, and likely
impact of imports of Subject Merchandise on the Domestic Industries.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Products. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Countries that currently export or have exported Subject
Merchandise to the United States or other countries after 1998.
(7) If you are a U.S. producer of the Domestic Like Products,
provide the following information on your firm's operations on that
product during calendar year 2004 (report quantity data in short tons
and value data in U.S. dollars, f.o.b. plant). If you are a union/
worker group or trade/business
[[Page 38207]]
association, provide the information, on an aggregate basis, for the
firms in which your workers are employed/which are members of your
association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Products
accounted for by your firm's(s') production;
(b) The quantity and value of U.S. commercial shipments of the
Domestic Like Products produced in your U.S. plant(s); and
(c) The quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Products produced in your U.S. plant(s).
(8) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Countries,
provide the following information on your firm's(s') operations on that
product during calendar year 2004 (report quantity data in short tons
and value data in U.S. dollars). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Countries accounted for by your firm's(s') imports;
(b) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Countries; and
(c) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from the Subject Countries.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Countries, provide the following information on your firm's(s')
operations on that product during calendar year 2004 (report quantity
data in short tons and value data in U.S. dollars, landed and duty-paid
at the U.S. port but not including antidumping or countervailing
duties). If you are a trade/business association, provide the
information, on an aggregate basis, for the firms which are members of
your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Countries accounted for by your firm's(s') production; and
(b) The quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Countries accounted for by your firm's(s') exports.
(10) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Products that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Countries after 1998, and significant
changes, if any, that are likely to occur within a reasonably
foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production
(including the shift of production facilities used for other products
and the use, cost, or availability of major inputs into production);
and factors related to the ability to shift supply among different
national markets (including barriers to importation in foreign markets
or changes in market demand abroad). Demand conditions to consider
include end uses and applications; the existence and availability of
substitute products; and the level of competition among the Domestic
Like Products produced in the United States, Subject Merchandise
produced in the Subject Countries, and such merchandise from other
countries.
(11) (Optional) A statement of whether you agree with the above
definitions of the Domestic Like Products and Domestic Industries; if
you disagree with either or both of these definitions, please explain
why and provide alternative definitions.
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
Issued: June 22, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-13157 Filed 6-30-05; 8:45 am]
BILLING CODE 7020-02-P
