Initiation of Antidumping Duty Changed Circumstances Review: Circular Welded Non-Alloy Steel Pipe from Mexico, 63682-63684 [E8-25553]
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mstockstill on PROD1PC66 with NOTICES
63682
Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
precursors as posing a high risk to the
object and purpose of the Convention.
The CWC restricts the production of
‘‘Schedule 1’’ chemicals for protective
purposes to two facilities per State
Party. The CWC Article-by-Article
Analysis submitted to the Senate in
Treaty Doc. 103–21 defined the term
‘‘protective purposes’’ to mean ‘‘used for
determining the adequacy of defense
equipment and measures.’’ Consistent
with this definition, U.S.
implementation, as authorized via
Presidential Decision Directive (PDD)
70, December 17, 1999, assigned the
responsibility to operate these two
facilities to the Department of Defense
(DOD), thereby precluding commercial
production of ‘‘Schedule 1’’ chemicals
for protective purposes in the United
States. This action did not establish any
limitations on ‘‘Schedule 1’’ chemical
activities that are not prohibited by the
CWC. However, the Department of
Defense maintains strict controls on
‘‘Schedule 1’’ chemicals produced at its
facilities in order to ensure the
accountability and proper use of such
chemicals, consistent with the object
and purpose of the Convention.
The provisions of the CWC that affect
commercial activities involving
‘‘Schedule 1’’ chemicals are
implemented in the CWCR (see 15 CFR
712) and in the Export Administration
Regulations (EAR) (see 15 CFR 742.18
and 15 CFR 745), both of which are
administered by the Bureau of Industry
and Security (BIS). Pursuant to CWC
requirements, the CWCR restrict
commercial production of ‘‘Schedule 1’’
chemicals to research, medical, or
pharmaceutical purposes. The CWCR
also contain other requirements and
prohibitions that apply to ‘‘Schedule 1’’
chemicals and/or ‘‘Schedule 1’’
facilities. Specifically, the CWCR:
(1) Prohibit the import of ‘‘Schedule
1’’ chemicals from States not Party to
the Convention (15 CFR 712.2(b));
(2) Require annual declarations by
certain facilities engaged in the
production of ‘‘Schedule 1’’ chemicals
in excess of 100 grams aggregate per
calendar year (i.e., declared ‘‘Schedule
1’’ facilities) for purposes not prohibited
by the Convention (15 CFR 712.5(a)(1)
and (a)(2));
(3) Require government approval of
‘‘declared Schedule 1’’ facilities (15 CFR
712.5(f));
(4) Provide that ‘‘declared Schedule
1’’ facilities are subject to initial and
routine inspection by the Organization
for the Prohibition of Chemical
Weapons (15 CFR 712.5(e) and
716.1(b)(1));
(5) Require 200 days advance
notification of establishment of new
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17:13 Oct 24, 2008
Jkt 217001
‘‘Schedule 1’’ production facilities
producing greater than 100 grams
aggregate of ‘‘Schedule 1’’ chemicals per
calendar year (15 CFR 712.4);
(6) Require advance notification and
annual reporting of all imports and
exports of ‘‘Schedule 1’’ chemicals to, or
from, other States Parties to the
Convention (15 CFR 712.6, 742.18(a)(1)
and 745.1); and
(7) Prohibit the export of ‘‘Schedule
1’’ chemicals to States not Party to the
Convention (15 CFR 742.18(a)(1) and
(b)(1)(ii)).
and will be available for public
inspection and copying.
The Office of Administration, Bureau
of Industry and Security, U.S.
Department of Commerce, displays
public comments on the BIS Freedom of
Information Act (FOIA) Web site at
https://www.bis.doc.gov/foia. This office
does not maintain a separate public
inspection facility. If you have technical
difficulties accessing this Web site,
please call BIS’s Office of
Administration, at (202) 482–1093, for
assistance.
Request for Comments
In order to assist in determining
whether the legitimate commercial
activities and interests of chemical,
biotechnology, and pharmaceutical
firms in the United States are
significantly harmed by the limitations
of the Convention on access to, and
production of, ‘‘Schedule 1’’ chemicals
as described in this notice, BIS is
seeking public comments on any effects
that implementation of the Chemical
Weapons Convention, through the
Chemical Weapons Convention
Implementation Act and the Chemical
Weapons Convention Regulations, has
had on commercial activities involving
‘‘Schedule 1’’ chemicals during calendar
year 2008. To allow BIS to properly
evaluate the significance of any harm to
commercial activities involving
‘‘Schedule 1’’ chemicals, public
comments submitted in response to this
notice of inquiry should include both a
quantitative and qualitative assessment
of the impact of the CWC on such
activities.
Dated: October 21, 2008.
Christopher R. Wall,
Assistant Secretary for Export
Administration.
[FR Doc. E8–25561 Filed 10–24–08; 8:45 am]
Submission of Comments
All comments must be submitted to
one of the addresses indicated in this
notice. The Department requires that all
comments be submitted in written form.
The Department encourages interested
persons who wish to comment to do so
at the earliest possible time. The period
for submission of comments will close
on November 26, 2008. The Department
will consider all comments received
before the close of the comment period.
Comments received after the end of the
comment period will be considered if
possible, but their consideration cannot
be assured. The Department will not
accept comments accompanied by a
request that a part or all of the material
be treated confidentially because of its
business proprietary nature or for any
other reason. The Department will
return such comments and materials to
the persons submitting the comments
and will not consider them. All
comments submitted in response to this
notice will be a matter of public record
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BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–201–805
Initiation of Antidumping Duty
Changed Circumstances Review:
Circular Welded Non–Alloy Steel Pipe
from Mexico
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
´
Ternium Mexico, S.A. de C.V.
(‘‘Ternium Mexico’’), and pursuant to
section 751(b) of the Tariff Act of 1930,
as amended (‘‘the Act’’) and 19 CFR
351.216 and 351.221(c)(3), the
Department is initiating a changed
circumstances review of the
antidumping duty order on circular
welded non–alloy steel pipe (‘‘standard
pipe’’) from Mexico. This review will
determine whether Ternium Mexico is
the successor–in-interest to Hylsa, S.A.
de C.V. (‘‘Hylsa’’).
EFFECTIVE DATE: October 27, 2008.
FOR FURTHER INFORMATION CONTACT: John
Drury or Angelica Mendoza, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Room 7866, Washington,
DC 20230; telephone: (202) 482–0195 or
(202) 482–3019, respectively.
AGENCY:
Background
The Department published an
antidumping duty order on standard
pipe from Mexico on November 2, 1992.
See Notice of Antidumping Duty Orders:
Certain Circular Welded Non–Alloy
Steel Pipe from Brazil, the Republic of
Korea (‘‘Korea’’), Mexico, and Venezuela
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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
and Amendment to Final Determination
of Sales at Less Than Fair Value:
Certain Circular Welded Non–Alloy
Steel Pipe from Korea, 57 FR 49453
(November 2, 1992).
On September 3, 2008, Ternium
Mexico filed a request for a changed
circumstances review of the
antidumping duty order on standard
pipe from Mexico, claiming that Hylsa,
the respondent in the original
investigation, has changed its name to
Ternium Mexico. Ternium Mexico
requested that the Department
determine whether it is the successor–
in-interest to Hylsa, in accordance with
section 751(b) of the Act, and 19 CFR
351.216. In addition, Ternium Mexico
submitted documentation in support of
its claim. In response to Ternium
Mexico’s request, the Department is
initiating a changed circumstances
review of this order.
Scope of the Order
The merchandise covered by this
order 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 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 order, 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 United States as line pipe of
a kind used for oil or gas pipelines is
also not included in this order.
Imports of the products covered by
this order are currently classifiable
under the following Harmonized Tariff
Schedule (HTS) subheadings:
7306.30.10.00, 7306.30.50.25,
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17:13 Oct 24, 2008
Jkt 217001
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 this
order is dispositive.
Initiation of Antidumping Duty
Changed Circumstances Review
Pursuant to section 751(b)(1) of the
Act, the Department will conduct a
changed circumstances review upon
receipt of a request from an interested
party or receipt of information
concerning an antidumping duty order
which shows changed circumstances
sufficient to warrant a review of the
order. On September 3, 2008, Ternium
Mexico submitted its request for a
changed circumstances review. With
this request, Ternium Mexico submitted
certain information related to its claim
that Hylsa changed its name to Ternium
Mexico including information
describing the acquisition of Hylsa by
Ternium Luxembourg and the changes
in Hylsa’s operating and corporate
structure immediately following that
acquisition. On September 17, 2008,
Allied Tube and Conduit (‘‘petitioner’’)
submitted comments with respect to
Ternium Mexico’s submission. Ternium
Mexico filed additional comments in
response to those made by the petitioner
on September 29, 2008. Based on the
information Ternium Mexico submitted
regarding a name change, the
Department has determined that
changed circumstances sufficient to
warrant a review exist. See 19 CFR
351.216(d). In antidumping duty
changed circumstances reviews
involving a successor–in-interest
determination, the Department typically
examines several factors including, but
not limited to: (1) management; (2)
production facilities; (3) supplier
relationships; and (4) customer base.
See Brass Sheet and Strip From Canada:
Final Results of Antidumping Duty
Administrative Review, 57 FR 20460,
20462 (May 13, 1992) and Certain Cut–
to-Length Carbon Steel Plate from
Romania: Initiation and Preliminary
Results of Changed Circumstances
Antidumping Duty Administrative
Review, 70 FR 22847 (May 3, 2005)
(‘‘Plate from Romania’’). While no
single factor or combination of factors
will necessarily be dispositive, the
Department generally will consider the
new company to be the successor to the
predecessor if the resulting operations
are essentially the same as those of the
predecessor company. See, e.g.,
Industrial Phosphoric Acid from Israel:
Final Results of Antidumping Duty
Changed Circumstances Review, 59 FR
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Sfmt 4703
63683
6944, 6945 (February 14, 1994), and
Plate from Romania, 70 FR 22847. Thus,
if the record evidence demonstrates
that, with respect to the production and
sale of the subject merchandise, the new
company operates as the same business
entity as the predecessor company, the
Department may assign the new
company the cash deposit rate of its
predecessor. See, e.g., Fresh and Chilled
Atlantic Salmon from Norway: Final
Results of Changed Circumstances
Antidumping Duty Administrative
Review, 64 FR 9979, 9980 (March 1,
1999). Although Ternium Mexico
submitted documentation related to its
name change and some limited
information regarding the four factors
that the Department considers in its
successor–in-interest analysis, it failed
to provide complete supporting
documentation for the four elements
listed above that is sufficient for making
the successor–in-interest determination
without requesting additional
information. Accordingly, the
Department has determined that it
would be inappropriate to expedite this
action by combining the preliminary
results of review with this notice of
initiation, as permitted under 19 CFR
351.221(c)(3)(ii). Therefore, the
Department is not issuing the
preliminary results of its antidumping
duty changed circumstances review at
this time.
The Department will issue
questionnaires requesting additional
information for the review, and will
publish in the Federal Register a notice
of the preliminary results of the
antidumping duty changed
circumstances review, in accordance
with 19 CFR 351.221(b)(2) and (4), and
19 CFR 351.221(c)(3)(i). The 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 review. In
accordance with 19 CFR 351.216(e), the
Department will issue the final results
of its antidumping duty changed
circumstances review not later than 270
days after the date on which the review
is initiated.
During the course of this antidumping
duty changed circumstances review, the
cash deposit requirements for the
subject merchandise exported and
manufactured by Ternium Mexico will
continue to be the rate established in the
final results of the last administrative
review for all other manufacturers and
exporters not previously reviewed. See
Circular Welded Non–Alloy Steel Pipe
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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
From Mexico: Final Results of
Antidumping Duty Administrative
Review, 66 FR 21311 (April 30, 2001).
The cash deposit will be altered, if
warranted, pursuant only to the final
results of this review.
This notice of initiation is in
accordance with section 751(b)(1) of the
Act, 19 CFR 351.216(b) and (d), and 19
CFR 351.221(b)(1).
Dated: October 20, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–25553 Filed 10–24–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–868
Affirmative Preliminary Determination
of Circumvention of the Antidumping
Duty Order on Folding Metal Tables
and Chairs from the People’s Republic
of China
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary
Determination of Circumvention of
Antidumping Duty Order
AGENCY:
SUMMARY: We preliminarily determine
that imports from the People’s Republic
of China (‘‘PRC’’) of folding metal tables
with legs connected by cross–bars, so
that the legs fold in sets, and otherwise
meeting the description of in–scope
merchandise, are within the class or
kind of merchandise subject to the order
on folding metal tables and chairs
(‘‘FMTCs’’) from the PRC.
EFFECTIVE DATE: October 27, 2008.
FOR FURTHER INFORMATION CONTACT:
Charles Riggle, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC, 20230; telephone:
(202) 482–0650.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
Background
On October 31, 2005, Meco requested
that the Department of Commerce
(‘‘Department’’) determine whether
folding metal tables with cross–bars are
circumventing the order. On June 1,
2006, the Department initiated a formal
anti–circumvention inquiry relating to
minor alterations with respect to folding
metal tables and chairs. On November 6,
2006, the Department issued a
questionnaire to all producers in the
VerDate Aug<31>2005
17:13 Oct 24, 2008
Jkt 217001
PRC on the scope service list. On
December 21, 2006, Cosco Home and
Office Products (‘‘Cosco’’), a U.S.
importer of subject merchandise, and
PRC producers Feili Group (Fujian) Co.,
Ltd. and Feili Furniture Development
Limited Quanzhou City (collectively
‘‘Feili’’), New–Tec Integration (Xiamen)
Co., Ltd. (‘‘New–Tec’’), Dongguan
Shichang Metals Factory Co. Ltd.
(‘‘Shichang’’), and Lifetime Products
(Xiamen), Inc. (‘‘Lifetime’’), submitted
responses to the Department’s
questionnaire. On January 12, 2007,
Lifetime, Meco and Cosco submitted
comments on the questionnaire
responses.
On February 2, 2007, Meco submitted
rebuttals to Cosco’s comments on the
questionnaire responses. On May 25,
2007 and June 1, 2007, the Department
verified the information in Feili’s and
New–Tec’s questionnaire responses,
respectively. On August 13, 2007, the
Department issued verification reports
for Feili (‘‘Feili Verification Report’’)
and New–Tec (‘‘New–Tec Verification
Report’’).
Scope of the Order
The products covered by this order
consist of assembled and unassembled
folding tables and folding chairs made
primarily or exclusively from steel or
other metal, as described below:
1) Assembled and unassembled
folding tables made primarily or
exclusively from steel or other metal
(folding metal tables). Folding metal
tables include square, round,
rectangular, and any other shapes with
legs affixed with rivets, welds, or any
other type of fastener, and which are
made most commonly, but not
exclusively, with a hardboard top
covered with vinyl or fabric. Folding
metal tables have legs that mechanically
fold independently of one another, and
not as a set. The subject merchandise is
commonly, but not exclusively, packed
singly, in multiple packs of the same
item, or in five piece sets consisting of
four chairs and one table. Specifically
excluded from the scope of the order
regarding folding metal tables are the
following:
Lawn furniture;
Trays commonly referred to as ‘‘TV
trays;‘‘
Side tables;
Child–sized tables;
Portable counter sets consisting of
rectangular tables 36″ high and
matching stools; and,
Banquet tables. A banquet table is a
rectangular table with a plastic or
laminated wood table top
approximately 28″ to 36″ wide by
48″ to 96″ long and with a set of
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Frm 00012
Fmt 4703
Sfmt 4703
folding legs at each end of the table.
One set of legs is composed of two
individual legs that are affixed
together by one or more cross–
braces using welds or fastening
hardware. In contrast, folding metal
tables have legs that mechanically
fold independently of one another,
and not as a set.
2) Assembled and unassembled
folding chairs made primarily or
exclusively from steel or other metal
(folding metal chairs). Folding metal
chairs include chairs with one or more
cross–braces, regardless of shape or size,
affixed to the front and/or rear legs with
rivets, welds or any other type of
fastener. Folding metal chairs include:
those that are made solely of steel or
other metal; those that have a back pad,
a seat pad, or both a back pad and a seat
pad; and those that have seats or backs
made of plastic or other materials. The
subject merchandise is commonly, but
not exclusively, packed singly, in
multiple packs of the same item, or in
five piece sets consisting of four chairs
and one table. Specifically excluded
from the scope of the order regarding
folding metal chairs are the following:
Folding metal chairs with a wooden
back or seat, or both;
Lawn furniture;
Stools;
Chairs with arms; and
Child–sized chairs.
The subject merchandise is currently
classifiable under subheadings
9401.71.0010, 9401.71.0030,
9401.79.0045, 9401.79.0050,
9403.20.015, 9403.20.0030,
9403.70.8010, 9403.70.8020, and
9403.70.8030 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise is dispositive.
Based on a request by RPA
International Pty., Ltd. and RPS, LLC
(collectively, ‘‘RPA’’), the Department
ruled on January 13, 2003, that RPA’s
poly–fold metal folding chairs are
within the scope of the order because
they are identical in all material
respects to the merchandise described
in the petition, the initial investigation,
and the determinations of the Secretary.
On May 5, 2003, in response to a
request by Staples, the Office Superstore
Inc. (‘‘Staples’’), the Department issued
a scope ruling that the chair component
of Staples’ ‘‘Complete Office–To-Go,’’ a
folding chair with a tubular steel frame
and a seat and back of plastic, with
measurements of: height: 32.5 inches;
width: 18.5 inches; and depth: 21.5
inches, is covered by the scope of the
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]]>Agencies
[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63682-63684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25553]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-201-805
Initiation of Antidumping Duty Changed Circumstances Review:
Circular Welded Non-Alloy Steel Pipe from Mexico
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from Ternium M[eacute]xico, S.A. de
C.V. (``Ternium Mexico''), and pursuant to section 751(b) of the Tariff
Act of 1930, as amended (``the Act'') and 19 CFR 351.216 and
351.221(c)(3), the Department is initiating a changed circumstances
review of the antidumping duty order on circular welded non-alloy steel
pipe (``standard pipe'') from Mexico. This review will determine
whether Ternium Mexico is the successor-in-interest to Hylsa, S.A. de
C.V. (``Hylsa'').
EFFECTIVE DATE: October 27, 2008.
FOR FURTHER INFORMATION CONTACT: John Drury or Angelica Mendoza, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street and
Constitution Avenue, NW, Room 7866, Washington, DC 20230; telephone:
(202) 482-0195 or (202) 482-3019, respectively.
Background
The Department published an antidumping duty order on standard pipe
from Mexico on November 2, 1992. See Notice of Antidumping Duty Orders:
Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic
of Korea (``Korea''), Mexico, and Venezuela
[[Page 63683]]
and Amendment to Final Determination of Sales at Less Than Fair Value:
Certain Circular Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453
(November 2, 1992).
On September 3, 2008, Ternium Mexico filed a request for a changed
circumstances review of the antidumping duty order on standard pipe
from Mexico, claiming that Hylsa, the respondent in the original
investigation, has changed its name to Ternium Mexico. Ternium Mexico
requested that the Department determine whether it is the successor-in-
interest to Hylsa, in accordance with section 751(b) of the Act, and 19
CFR 351.216. In addition, Ternium Mexico submitted documentation in
support of its claim. In response to Ternium Mexico's request, the
Department is initiating a changed circumstances review of this order.
Scope of the Order
The merchandise covered by this order 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
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 order, 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 United States as line pipe of a kind used for oil or gas pipelines
is also not included in this order.
Imports of the products covered by this order 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 this order is
dispositive.
Initiation of Antidumping Duty Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a changed circumstances review upon receipt of a request from
an interested party or receipt of information concerning an antidumping
duty order which shows changed circumstances sufficient to warrant a
review of the order. On September 3, 2008, Ternium Mexico submitted its
request for a changed circumstances review. With this request, Ternium
Mexico submitted certain information related to its claim that Hylsa
changed its name to Ternium Mexico including information describing the
acquisition of Hylsa by Ternium Luxembourg and the changes in Hylsa's
operating and corporate structure immediately following that
acquisition. On September 17, 2008, Allied Tube and Conduit
(``petitioner'') submitted comments with respect to Ternium Mexico's
submission. Ternium Mexico filed additional comments in response to
those made by the petitioner on September 29, 2008. Based on the
information Ternium Mexico submitted regarding a name change, the
Department has determined that changed circumstances sufficient to
warrant a review exist. See 19 CFR 351.216(d). In antidumping duty
changed circumstances reviews involving a successor-in-interest
determination, the Department typically examines several factors
including, but not limited to: (1) management; (2) production
facilities; (3) supplier relationships; and (4) customer base. See
Brass Sheet and Strip From Canada: Final Results of Antidumping Duty
Administrative Review, 57 FR 20460, 20462 (May 13, 1992) and Certain
Cut-to-Length Carbon Steel Plate from Romania: Initiation and
Preliminary Results of Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 22847 (May 3, 2005) (``Plate from
Romania''). While no single factor or combination of factors will
necessarily be dispositive, the Department generally will consider the
new company to be the successor to the predecessor if the resulting
operations are essentially the same as those of the predecessor
company. See, e.g., Industrial Phosphoric Acid from Israel: Final
Results of Antidumping Duty Changed Circumstances Review, 59 FR 6944,
6945 (February 14, 1994), and Plate from Romania, 70 FR 22847. Thus, if
the record evidence demonstrates that, with respect to the production
and sale of the subject merchandise, the new company operates as the
same business entity as the predecessor company, the Department may
assign the new company the cash deposit rate of its predecessor. See,
e.g., Fresh and Chilled Atlantic Salmon from Norway: Final Results of
Changed Circumstances Antidumping Duty Administrative Review, 64 FR
9979, 9980 (March 1, 1999). Although Ternium Mexico submitted
documentation related to its name change and some limited information
regarding the four factors that the Department considers in its
successor-in-interest analysis, it failed to provide complete
supporting documentation for the four elements listed above that is
sufficient for making the successor-in-interest determination without
requesting additional information. Accordingly, the Department has
determined that it would be inappropriate to expedite this action by
combining the preliminary results of review with this notice of
initiation, as permitted under 19 CFR 351.221(c)(3)(ii). Therefore, the
Department is not issuing the preliminary results of its antidumping
duty changed circumstances review at this time.
The Department will issue questionnaires requesting additional
information for the review, and will publish in the Federal Register a
notice of the preliminary results of the antidumping duty changed
circumstances review, in accordance with 19 CFR 351.221(b)(2) and (4),
and 19 CFR 351.221(c)(3)(i). The 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 review. In accordance with 19
CFR 351.216(e), the Department will issue the final results of its
antidumping duty changed circumstances review not later than 270 days
after the date on which the review is initiated.
During the course of this antidumping duty changed circumstances
review, the cash deposit requirements for the subject merchandise
exported and manufactured by Ternium Mexico will continue to be the
rate established in the final results of the last administrative review
for all other manufacturers and exporters not previously reviewed. See
Circular Welded Non-Alloy Steel Pipe
[[Page 63684]]
From Mexico: Final Results of Antidumping Duty Administrative Review,
66 FR 21311 (April 30, 2001). The cash deposit will be altered, if
warranted, pursuant only to the final results of this review.
This notice of initiation is in accordance with section 751(b)(1)
of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1).
Dated: October 20, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-25553 Filed 10-24-08; 8:45 am]
BILLING CODE 3510-DS-S
