Initiation of Antidumping Duty Changed Circumstances Review: Light-Walled Rectangular Pipe and Tube from Mexico, 63686-63687 [E8-25554]

Download as PDF 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]


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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