Initiation of Antidumping Duty Changed Circumstances Review: Light-Walled Rectangular Pipe and Tube from Mexico, 63686-63687 [E8-25554]
Download as PDF
<![CDATA[
63686
Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
from the order. Also, regarding the
Senate Report criteria, we preliminarily
find that folding metal tables with legs
connected by cross–bars have the same
physical characteristics as the folding
metal tables in the scope of the FMTCs
order and the ITC Final Report except
for the presence of cross–bars located
near the table top. There are no
significant differences in the
expectations of the ultimate users, uses
of the merchandise, and channels of
marketing between folding metal tables
with and without cross–bars.
Furthermore, respondents conceded that
the cost of adding cross–bars to tables in
the course of production is negligible.
With respect to other case–specific
criteria, we preliminarily find that since
the original investigation, respondents
have shifted the majority of their
production for U.S. customers away
from folding metal tables without cross–
bars to folding metal tables with cross–
bars. The timing of this shift further
indicates circumvention of the order by
making a minor alteration.
Although parties claim that the cross–
bar increases the table’s strength, there
is no documentation supporting that
claim. The fact that the bars are
positioned near the top of the table,
minimizing any potential benefit from
their addition, weighs against finding
that the cross–bars were added simply
to strengthen the table. Moreover, these
tables are not advertised as having
cross–bars, nor are any claims made in
the marketing materials that they are
stronger or that they have no pinch
points. Taken as a whole, this evidence
leads to our determination that folding
metal tables with legs with cross–bars
are being produced and imported in
circumvention of the antidumping duty
order.
As a result of our inquiry, we
preliminarily determine that imports
from the 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 FMTCs from the PRC. See Section
781(c) of the Act.
Suspension of Liquidation
In accordance with section
351.225(l)(2) of the Department’s
regulations, for folding metal tables
meeting the description of the folding
metal tables described in the scope of
the FMTCs order except that they have
cross–bars connecting the legs, so that
the legs fold in sets, we are directing
U.S. Customs and Border Protection
(‘‘CBP’’) to suspend liquidation of
merchandise entered, or withdrawn
VerDate Aug<31>2005
17:13 Oct 24, 2008
Jkt 217001
from warehouse, for consumption on or
after June 1, 2006, the date of the
initiation of this inquiry. We will also
instruct CBP to require a cash deposit of
estimated duties at the applicable rates
for each unliquidated entry of the
product entered, or withdrawn from
warehouse, for consumption on or after
June 1, 2006, the date of initiation of
this inquiry, in accordance with section
351.225(l)(2).
Public Comment
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments within 20 days of the
publication of this notice. See 19 CFR
351.225(f)(1)(iii). Interested parties may
file rebuttal briefs and rebuttals to
written comments, limited to issues
raised in such briefs or comments, no
later than 10 days after the date on
which the case briefs are due. See 19
CFR 351.225(f)(1)(iii). Interested parties
may request a hearing within 20 days of
the publication of this notice. Interested
parties will be notified by the
Department of the location and time of
any hearing, if one is requested.
This preliminary determination of
circumvention is in accordance with
section 781(c) of the Act and 19 CFR
351.225.
Dated: October 20, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
{FR Doc. E8–25558 Filed 10–24–08; 8:45 am}
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–201–836
Initiation of Antidumping Duty
Changed Circumstances Review:
Light–Walled Rectangular Pipe and
Tube 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 light–walled
rectangular pipe and tube (‘‘LWRPT’’)
from Mexico. This review will
determine whether Ternium Mexico is
AGENCY:
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
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.
Background
The Department published the
antidumping duty order on LWRPT
from Mexico on August 5, 2008. See
Light–Walled Rectangular Pipe and
Tube from Mexico, the People’s
Republic of China, and the Republic of
Korea: Antidumping Duty Orders; Light–
Walled Rectangular Pipe and Tube from
the Republic of Korea: Notice of
Amended Final Determination of Sales
at Less Than Fair Value, 73 FR 45403
(August 5, 2008).
On September 3, 2008, Ternium
Mexico filed a request for a changed
circumstances review of the
antidumping duty order on LWRPT
from Mexico, claiming that Hylsa, a
Mexican producer of LWRPT, 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 that is covered by
this order are certain welded carbon
quality light walled steel pipe and tube,
of rectangular (including square) cross
section, having a wall thickness of less
than 4 mm.
The term carbon quality steel includes
both carbon steel and alloy steel which
contains only small amounts of alloying
elements. Specifically, the term carbon
quality includes products in which
none of the elements listed below
exceeds the quantity by weight
respectively indicated: 1.80 percent of
manganese, or 2.25 percent of silicon, or
1.00 percent of copper, or 0.50 percent
of aluminum, or 1.25 percent of
chromium, or 0.30 percent of cobalt, or
0.40 percent of lead, or 1.25 percent of
nickel, or 0.30 percent of tungsten, or
0.10 percent of molybdenum, or 0.10
percent of niobium, or 0.15 percent
vanadium, or 0.15 percent of zirconium.
E:\FR\FM\27OCN1.SGM
27OCN1
Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
The description of carbon quality is
intended to identify carbon quality
products within the scope. The welded
carbon quality rectangular pipe and tube
subject to this order is currently
classified under the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) subheadings 7306.61.50.00
and 7306.61.70.60. While HTSUS
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. 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
VerDate Aug<31>2005
17:13 Oct 24, 2008
Jkt 217001
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
amended final results of the
investigation for all other manufacturers
and exporters not previously reviewed.
See Notice of Amended Final
Determination of Sales at Less Than
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
63687
Fair Value: Light–Walled Rectangular
Pipe and Tube From Mexico, 73 FR
45400 (August 5, 2008). 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. E8–25554 Filed 10–24–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–046]
Polychloroprene Rubber From Japan:
Initiation and Preliminary Results of
Changed Circumstances Review, and
Intent to Revoke Antidumping Duty
Finding, in Part
Correction
In notice document E8–22458
beginning on page 56548 in the issue of
Monday, September 29, 2008, make the
following corrections:
1. On page 56548, in the third
column, under the heading Background,
in the second paragraph, in the third
line, ‘‘Polychloroprene Rubber from
Japan: Final Changed Circumstances
Review and Determination to Revoke
Finding in Part’’ should read ‘‘See
Polychloroprene Rubber from Japan:
Final Changed Circumstances Review
and Determination to Revoke Finding in
Part’’.
2. On page 56549, in the first column,
in the first full paragraph, in the 10th
line, ‘‘and does include aqueous
dispersions of’’ should read ‘‘and does
not include aqueous dispersions of’’.
3. On the same page, in the same
column, in the same paragraph, in the
20th line, ‘‘dispersions of these
polymers and does’’ should read
‘‘dispersions of these polymers and does
not’’.
4. On the same page, in the same
column, in the same paragraph, in the
30th line ‘‘in solid form and does
include aqueous’’ should read ‘‘in solid
form and does not include aqueous’’.
5. On the same page, in the same
column, under the heading Initiation
and Preliminary Results of Changed
Circumstances Review, and Intent To
Revoke Antidumping Finding, in Part,
in the first paragraph, in the fifth line,
‘‘i.e.; a’’ should read ‘‘i.e, a’’.
E:\FR\FM\27OCN1.SGM
27OCN1
]]>Agencies
[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63686-63687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25554]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-201-836
Initiation of Antidumping Duty Changed Circumstances Review:
Light-Walled Rectangular Pipe and Tube 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 light-walled rectangular pipe
and tube (``LWRPT'') 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 the antidumping duty order on LWRPT from
Mexico on August 5, 2008. See Light-Walled Rectangular Pipe and Tube
from Mexico, the People's Republic of China, and the Republic of Korea:
Antidumping Duty Orders; Light-Walled Rectangular Pipe and Tube from
the Republic of Korea: Notice of Amended Final Determination of Sales
at Less Than Fair Value, 73 FR 45403 (August 5, 2008).
On September 3, 2008, Ternium Mexico filed a request for a changed
circumstances review of the antidumping duty order on LWRPT from
Mexico, claiming that Hylsa, a Mexican producer of LWRPT, 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 that is covered by this order are certain welded
carbon quality light walled steel pipe and tube, of rectangular
(including square) cross section, having a wall thickness of less than
4 mm.
The term carbon quality steel includes both carbon steel and alloy
steel which contains only small amounts of alloying elements.
Specifically, the term carbon quality includes products in which none
of the elements listed below exceeds the quantity by weight
respectively indicated: 1.80 percent of manganese, or 2.25 percent of
silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or
1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10
percent of molybdenum, or 0.10 percent of niobium, or 0.15 percent
vanadium, or 0.15 percent of zirconium.
[[Page 63687]]
The description of carbon quality is intended to identify carbon
quality products within the scope. The welded carbon quality
rectangular pipe and tube subject to this order is currently classified
under the Harmonized Tariff Schedule of the United States (``HTSUS'')
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS 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. 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 amended final results of the investigation for
all other manufacturers and exporters not previously reviewed. See
Notice of Amended Final Determination of Sales at Less Than Fair Value:
Light-Walled Rectangular Pipe and Tube From Mexico, 73 FR 45400 (August
5, 2008). 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. E8-25554 Filed 10-24-08; 8:45 am]
BILLING CODE 3510-DS-S
