Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico: Notice of Preliminary Intent to Rescind Antidumping Duty New Shipper Review, 19880-19881 [E7-7597]
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19880
Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices
Denver Customs and Border Protection
port of entry (FTZ Docket 28–2006; filed
7/12/06);
Whereas, notice inviting public
comment was given in the Federal
Register (71 FR 39296, 7/12/06), and the
application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
orders:
The application to expand FTZ 123 is
approved, subject to the FTZ Act and
the Board’s regulations, including
Section 400.28.
Signed at Washington, DC, this 10th day of
April 2007.
David M. Spooner,
Assistant Secretary of Commercefor Import
Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. E7–7595 Filed 4–19–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Order No. 1510
Approval for Expansion of Subzone
208A, and of Expanded Manufacturing
Authority, Pfizer Inc (Pharmaceutical
Products), Groton, Connecticut
sroberts on PROD1PC70 with NOTICES
Pursuant to its authority under the
Foreign–Trade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the Foreign–
Trade Zones Board (the Board) adopts the
following Order:
Whereas, the New London Foreign
Trade Zone Commission, grantee of FTZ
208, has requested authority on behalf
of Pfizer Inc (Pfizer) to expand the
subzone and scope of manufacturing
authority at Subzone 208A at the Pfizer
pharmaceutical manufacturing plant in
Groton, Connecticut (FTZ Docket 31–
2006, filed 7/20/06);
Whereas, notice inviting public
comment has been given in the Federal
Register (71 FR 43107, 7/31/06); and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that approval of the application is in the
public interest;
18:52 Apr 19, 2007
Jkt 211001
Signed at Washington, DC, this 10th day of
April 2007.
David M. Spooner,
Assistant Secretary of CommerceFor Import
Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. E7–7596 Filed 4–19–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–201–805
Certain Circular Welded Non–Alloy
Steel Pipe and Tube from Mexico:
Notice of Preliminary Intent to Rescind
Antidumping Duty New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Conduit S.A. de C.V. (Conduit), a
Mexican producer of certain circular
welded non–alloy steel pipe and tube
(pipe and tube), the Department of
Commerce (the Department) initiated a
new shipper review of the antidumping
duty order on pipe and tube from
Mexico. The period of review covers
November 1, 2005, through April 30,
2006. Based on our findings at
verification, the Department
preliminarily determines that the
merchandise Conduit sold and entered
into the United States was not subject
merchandise. Because the respondent
has consequently made no sales or
shipments of the subject merchandise to
the United States during the period of
review, we preliminarily intend to
rescind this new shipper review.
EFFECTIVE DATE: April 20, 2007.
FOR FURTHER INFORMATION CONTACT: John
Drury or Patrick Edwards, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
AGENCY:
Foreign–Trade Zones Board
VerDate Aug<31>2005
Now, therefore, the Board hereby
approves the expansion of the subzone
and the scope of authority under zone
procedures within Subzone 208A for the
manufacture of pharmaceutical products
at the Pfizer Inc plant located in Groton,
Connecticut, as described in the
application and the Federal Register
notice, subject to the FTZ Act and the
Board’s regulations, including Section
400.28.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
telephone: (202) 482–0195 or (202) 482–
8029, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published an
antidumping duty order on pipe and
tube from Mexico on November 2, 1992.
See Notice of Antidumping Duty Order:
Circular Welded Non–Alloy Steel Pipe
from Mexico, 57 FR 49453 (November 2,
1992). On May 26, 2006, the Department
received a timely request from Conduit,
in accordance with 19 CFR § 351.214(c),
to initiate a new shipper review of the
antidumping duty order on pipe and
tube from Mexico. Pursuant to 19 CFR
§ 351.214(b), Conduit certified that it is
both the exporter and producer of the
subject merchandise, that it did not
export subject merchandise to the
United States during the period of the
investigation, and that since the
investigation was initiated, it has never
been affiliated with any exporter or
producer who exported the subject
merchandise to the United States.
Conduit also submitted documentation
establishing the date on which the
shipment that was the basis for this new
shipper review was first entered for
consumption, the volume shipped, and
the date of its first sale to an unaffiliated
customer in the United States.
The Department published the
initiation of the new shipper review of
the antidumping duty order on pipe and
tube from Mexico on July 10, 2006. See
Circular Welded Non–Alloy Steel Pipe
and Tube from Mexico: Initiation of
New Shipper Antidumping Duty Review,
71 FR 38851 (July 10, 2006).
Scope of the Order
The merchandise under review is
circular welded non–alloy steel pipes
and tubes, of circular cross-section, not
more than 406.4 millimeters (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, and other liquids and
gases in plumbing and heating systems,
air conditioning units, automatic
sprinkler systems, and other related
uses, and generally meet ASTM A–53
specifications. 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 support members for
reconstruction or load–bearing purposes
in the construction, shipbuilding,
trucking, farm equipment, and related
E:\FR\FM\20APN1.SGM
20APN1
Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
industries. Unfinished conduit pipe is
also included in these orders. All carbon
steel pipes and tubes within the
physical description outlined above are
included within the scope of these
orders, except line pipe, oil country
tubular goods, boiler tubing, mechanical
tubing, pipe and tube hollows for
redraws, finished scaffolding, and
finished conduit. Standard pipe that is
dual or triple certified/stenciled that
enters the U.S. as line pipe of a kind
used for oil or gas pipelines is also not
included in these orders.
Imports of the products covered by
these orders are currently classifiable
under the following Harmonized Tariff
Schedule (HTS) 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 HTS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of these proceedings is
dispositive.
Preliminary Intent to Rescind New
Shipper Review
The Department may rescind a new
shipper review with respect to an
exporter or producer if the Department
concludes that there were no entries,
exports, or sales of the subject
merchandise to the United States during
the period of review. See 19 CFR
§ 351.214(f)(2). In response to the
Department’s questionnaire, Conduit
provided full and complete responses
attesting to their qualification as a new
shipper under the Department’s
regulations, and established that a
completed transaction (a sale and entry)
of subject merchandise pipe and tube
was sold to an unaffiliated customer in
the United States.
The Department conducted its
verification of Conduit’s responses in
Mexico City from February 28, 2007,
through March 2, 2007. The purpose of
the Department’s verification was to
verify Conduit’s one reported sale;
however, during the verification,
Conduit presented additional
documentation of an unreported sale.
Further examination of Conduit’s
quality certificates, production run data
and additional sales documentation not
presented to the Department during the
questionnaire response period
confirmed that the merchandise sold in
the unreported sale was identical to the
merchandise sold in the reported sale
that is subject to this new shipper
review. See Memorandum to the File
from John Drury and Patrick Edwards,
Analysts, through Angelica Mendoza,
Program Manager regarding Verification
VerDate Aug<31>2005
18:52 Apr 19, 2007
Jkt 211001
of Sales Response of Conduit S.A. de
C.V. in the Antidumping New Shipper
Review of Certain Circular Welded
Non–Alloy Steel Pipe and Tube from
Mexico, dated March 23, 2007, on file
in the Central Records Unit, room B–099
of the main Commerce building.
Additionally, the documentation
examined by the Department concerning
the unreported sale, which was made in
November 2005, indicated that the
merchandise was of a type of tubing
made to the American Society for
Testing and Materials (ASTM) standard
of A–513, which is a mechanical tubing
specification. The Department examined
production documentation and quality
certificates for the sale, confirming that,
given its chemical composition and wall
thickness, the pipe was indeed in
conformance with the ASTM A–513
standard and not the product subject to
this Order.
Previous rulings on the scope of the
Order prescribe that pipe produced to
the A–513 standard, or generally
‘‘mechanical tubing,’’ is specifically
excluded from the scope of the
antidumping duty order on pipe and
tube from Mexico. See section on
‘‘Scope of the Order’’ above. See also,
Third Determination on Remand, In the
matter of: Final Scope Ruling –
Antidumping Duty Order on Circular
Welded Non–Alloy Steel Pipe from
Mexico, Secretariat File No. USA–
MEXl1998–1904–05 (February 19,
2004) (NAFTA Scope Decision). In its
submission to the panel, during the
NAFTA Scope Decision proceeding, the
Department explained that, ‘‘ while
mechanical tubing can comply with
basic description of the pipe subject to
this order, its removal from the order is
based on its recognition by purchasers
and producers as a specialized, made–
to-order product. This denotes a product
possessing unique chemical, physical,
and mechanical characteristics, most
notably the physical characteristics. It is
a custom made, unique size product that
is made to order, thereby differentiating
it from the ’standard sizes’ of pipe and
fence tubing covered by the order. Non–
standard pipe sizes generally would be
considered to be outside the scope of
the order the Department reiterates that
mechanical tubing is outside of the
scope of the Order.’’ The Panel affirmed
this finding by the Department on June
7, 2004.
Therefore, since this product
possesses unique physical
characteristics that do not comply with
the products subject to this order, and
based on the NAFTA Scope Decision,
the Department preliminarily
determines that there is no sale or entry
of subject merchandise to examine, as
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
19881
prescribed under 19 CFR § 351.214(f)(2)
of the Department’s regulations.
Accordingly, the Department
preliminarily intends to rescind this
new shipper review.
Public Comment
Interested parties may submit case
briefs no later than 15 days after the
date of publication of this notice of
intent to rescind. See 19 CFR
§ 351.309(c)(ii). Rebuttal briefs, limited
to issues raised in case briefs, may be
filed no later than five days after the
time limit for filing the case briefs. See
19 CFR § 351.309(d). 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.
Further, parties submitting written
comments should provide the
Department with an additional copy of
the public version of any such
comments on diskette. An interested
party may request a hearing within 15
days of publication of this notice of
intent to rescind. See 19 CFR
§ 351.310(c). Any hearing, if requested,
will be held two days after the
scheduled date for submission rebuttal
briefs, or the first working day
thereafter. See 19 CFR § 351.310(d)(1).
The Department will issue the final
notice, which will include the results of
its analysis of issues raised in any such
comments, or at a hearing, if requested,
within 120 days of publication of this
notice of intent to rescind.
This notice is issued and published in
accordance with sections 751(a)(2) and
777(i)(1) of the Tariff Act of 1930, as
amended.
Dated: April 13, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7–7597 Filed 4–19–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
C–122–815
Pure Magnesium and Alloy Magnesium
from Canada: Preliminary Results of
Countervailing Duty Administrative
Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
is conducting administrative reviews of
the countervailing duty orders on pure
magnesium and alloy magnesium from
Canada for the period January 1, 2005,
AGENCY:
E:\FR\FM\20APN1.SGM
20APN1
]]>Agencies
[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Notices]
[Pages 19880-19881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7597]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-201-805
Certain Circular Welded Non-Alloy Steel Pipe and Tube from
Mexico: Notice of Preliminary Intent to Rescind Antidumping Duty New
Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from Conduit S.A. de C.V. (Conduit),
a Mexican producer of certain circular welded non-alloy steel pipe and
tube (pipe and tube), the Department of Commerce (the Department)
initiated a new shipper review of the antidumping duty order on pipe
and tube from Mexico. The period of review covers November 1, 2005,
through April 30, 2006. Based on our findings at verification, the
Department preliminarily determines that the merchandise Conduit sold
and entered into the United States was not subject merchandise. Because
the respondent has consequently made no sales or shipments of the
subject merchandise to the United States during the period of review,
we preliminarily intend to rescind this new shipper review.
EFFECTIVE DATE: April 20, 2007.
FOR FURTHER INFORMATION CONTACT: John Drury or Patrick Edwards, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0195 or (202) 482-8029, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published an antidumping duty order on pipe and tube
from Mexico on November 2, 1992. See Notice of Antidumping Duty Order:
Circular Welded Non-Alloy Steel Pipe from Mexico, 57 FR 49453 (November
2, 1992). On May 26, 2006, the Department received a timely request
from Conduit, in accordance with 19 CFR Sec. 351.214(c), to initiate a
new shipper review of the antidumping duty order on pipe and tube from
Mexico. Pursuant to 19 CFR Sec. 351.214(b), Conduit certified that it
is both the exporter and producer of the subject merchandise, that it
did not export subject merchandise to the United States during the
period of the investigation, and that since the investigation was
initiated, it has never been affiliated with any exporter or producer
who exported the subject merchandise to the United States. Conduit also
submitted documentation establishing the date on which the shipment
that was the basis for this new shipper review was first entered for
consumption, the volume shipped, and the date of its first sale to an
unaffiliated customer in the United States.
The Department published the initiation of the new shipper review
of the antidumping duty order on pipe and tube from Mexico on July 10,
2006. See Circular Welded Non-Alloy Steel Pipe and Tube from Mexico:
Initiation of New Shipper Antidumping Duty Review, 71 FR 38851 (July
10, 2006).
Scope of the Order
The merchandise under review is circular welded non-alloy steel
pipes and tubes, of circular cross-section, not more than 406.4
millimeters (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, and other liquids and gases in plumbing and heating
systems, air conditioning units, automatic sprinkler systems, and other
related uses, and generally meet ASTM A-53 specifications. 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
support members for reconstruction or load-bearing purposes in the
construction, shipbuilding, trucking, farm equipment, and related
[[Page 19881]]
industries. Unfinished conduit pipe is also included in these orders.
All carbon steel pipes and tubes within the physical description
outlined above are included within the scope of these orders, except
line pipe, oil country tubular goods, boiler tubing, mechanical tubing,
pipe and tube hollows for redraws, finished scaffolding, and finished
conduit. Standard pipe that is dual or triple certified/stenciled that
enters the U.S. as line pipe of a kind used for oil or gas pipelines is
also not included in these orders.
Imports of the products covered by these orders are currently
classifiable under the following Harmonized Tariff Schedule (HTS)
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 HTS subheadings are provided for convenience and
customs purposes, our written description of the scope of these
proceedings is dispositive.
Preliminary Intent to Rescind New Shipper Review
The Department may rescind a new shipper review with respect to an
exporter or producer if the Department concludes that there were no
entries, exports, or sales of the subject merchandise to the United
States during the period of review. See 19 CFR Sec. 351.214(f)(2). In
response to the Department's questionnaire, Conduit provided full and
complete responses attesting to their qualification as a new shipper
under the Department's regulations, and established that a completed
transaction (a sale and entry) of subject merchandise pipe and tube was
sold to an unaffiliated customer in the United States.
The Department conducted its verification of Conduit's responses in
Mexico City from February 28, 2007, through March 2, 2007. The purpose
of the Department's verification was to verify Conduit's one reported
sale; however, during the verification, Conduit presented additional
documentation of an unreported sale. Further examination of Conduit's
quality certificates, production run data and additional sales
documentation not presented to the Department during the questionnaire
response period confirmed that the merchandise sold in the unreported
sale was identical to the merchandise sold in the reported sale that is
subject to this new shipper review. See Memorandum to the File from
John Drury and Patrick Edwards, Analysts, through Angelica Mendoza,
Program Manager regarding Verification of Sales Response of Conduit
S.A. de C.V. in the Antidumping New Shipper Review of Certain Circular
Welded Non-Alloy Steel Pipe and Tube from Mexico, dated March 23, 2007,
on file in the Central Records Unit, room B-099 of the main Commerce
building.
Additionally, the documentation examined by the Department
concerning the unreported sale, which was made in November 2005,
indicated that the merchandise was of a type of tubing made to the
American Society for Testing and Materials (ASTM) standard of A-513,
which is a mechanical tubing specification. The Department examined
production documentation and quality certificates for the sale,
confirming that, given its chemical composition and wall thickness, the
pipe was indeed in conformance with the ASTM A-513 standard and not the
product subject to this Order.
Previous rulings on the scope of the Order prescribe that pipe
produced to the A-513 standard, or generally ``mechanical tubing,'' is
specifically excluded from the scope of the antidumping duty order on
pipe and tube from Mexico. See section on ``Scope of the Order'' above.
See also, Third Determination on Remand, In the matter of: Final Scope
Ruling - Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe
from Mexico, Secretariat File No. USA-MEX--1998-1904-05 (February 19,
2004) (NAFTA Scope Decision). In its submission to the panel, during
the NAFTA Scope Decision proceeding, the Department explained that, ``
while mechanical tubing can comply with basic description of the pipe
subject to this order, its removal from the order is based on its
recognition by purchasers and producers as a specialized, made-to-order
product. This denotes a product possessing unique chemical, physical,
and mechanical characteristics, most notably the physical
characteristics. It is a custom made, unique size product that is made
to order, thereby differentiating it from the 'standard sizes' of pipe
and fence tubing covered by the order. Non-standard pipe sizes
generally would be considered to be outside the scope of the order the
Department reiterates that mechanical tubing is outside of the scope of
the Order.'' The Panel affirmed this finding by the Department on June
7, 2004.
Therefore, since this product possesses unique physical
characteristics that do not comply with the products subject to this
order, and based on the NAFTA Scope Decision, the Department
preliminarily determines that there is no sale or entry of subject
merchandise to examine, as prescribed under 19 CFR Sec. 351.214(f)(2)
of the Department's regulations. Accordingly, the Department
preliminarily intends to rescind this new shipper review.
Public Comment
Interested parties may submit case briefs no later than 15 days
after the date of publication of this notice of intent to rescind. See
19 CFR Sec. 351.309(c)(ii). Rebuttal briefs, limited to issues raised
in case briefs, may be filed no later than five days after the time
limit for filing the case briefs. See 19 CFR Sec. 351.309(d). 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. Further, parties submitting written comments
should provide the Department with an additional copy of the public
version of any such comments on diskette. An interested party may
request a hearing within 15 days of publication of this notice of
intent to rescind. See 19 CFR Sec. 351.310(c). Any hearing, if
requested, will be held two days after the scheduled date for
submission rebuttal briefs, or the first working day thereafter. See 19
CFR Sec. 351.310(d)(1). The Department will issue the final notice,
which will include the results of its analysis of issues raised in any
such comments, or at a hearing, if requested, within 120 days of
publication of this notice of intent to rescind.
This notice is issued and published in accordance with sections
751(a)(2) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: April 13, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-7597 Filed 4-19-07; 8:45 am]
BILLING CODE 3510-DS-S
