[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Notices]
[Pages 1429-1430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-632]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico;
Initiation of Anticircumvention Inquiry on Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of anticircumvention inquiry.
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SUMMARY: In response to a request from petitioners in this case 1,
the Department of Commerce (the Department) is initiating an
anticircumvention inquiry to determine whether imports of (i) pipe
certified to the American Petroleum Institute (API) 5L line pipe
specifications (API 5L or line pipe) and (ii) pipe certified to both
the API 5L line pipe specifications and the less stringent American
Society for Testing and Materials (ASTM) A-53 standard pipe
specifications (dual certified pipe 2), falling within the
physical dimensions outlined in the scope of the order, are
circumventing the antidumping duty order on certain welded non-alloy
carbon steel pipe from Mexico (57 FR 49453, November 2, 1992).
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\1\ Petitioners are: Allied Tube & Conduit Corp., Sawhill
Tubular Division of Tex-Tube Co., Century Tube Corp., Laclede Steel
Co., LTV Tubular Products Co.; Sharon Tube Co., Western Tube &
Conduit Co., Wheatland Tube Co., and CSI Tubular Products, Inc.
\2\ This merchandise, sometimes referred to as ``dual-
stenciled,'' may also include ``multiple-stenciled'' pipe.
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EFFECTIVE DATE: January 10, 1997.
FOR FURTHER INFORMATION CONTACT: Robert M. James at (202) 482-5222 or
John Kugelman at (202) 482-0649, Antidumping and Countervailing Duty
Enforcement Group III, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC, 20230.
APPLICABLE STATUTE AND REGULATIONS: Unless otherwise indicated, all
citations to the Tariff Act of 1930, as amended (the Tariff Act), and
to the Department's regulations are references to the provisions as
they existed on December 31, 1994.
SUPPLEMENTARY INFORMATION:
Background
On April 23, 1993, petitioners requested that the Department
conduct an anticircumvention inquiry pursuant to section 781(c) of the
Tariff Act covering imports of API 5L line pipe and dual-certified pipe
from Mexico. Petitioners alleged that, following publication of the
antidumping duty order, exporters of standard pipe from Mexico began
circumventing the order by having pipe intended for use as standard
pipe certified as line pipe or certified for use as both line and
standard pipe. Petitioners further alleged that pipe distributors were
substituting pipe certified to the more stringent line and dual-
certified specifications for the standard pipe subject to the order,
and that end users of standard pipe began using imported line and dual-
certified pipe in ``standard pipe applications.'' According to
petitioners, the ``transformation of standard pipe into * * * pipe
which also meets the line pipe standard is a ``minor alteration of
merchandise'' within the meaning of section 781(c) of the [Tariff]
Act.'' See Anticircumvention Petition, April 23, 1993 at 1.
After examining petitioners' allegations, we instead initiated a
scope inquiry under 19 CFR 353.29(i) on June 7, 1993, to determine
whether both API 5L line pipe and dual-certified pipe, when actually
used in standard pipe applications, are within the scope of the orders.
On March 21, 1996, we determined that both line and dual-certified pipe
were explicitly excluded from the orders. Final Negative Scope
Determination (61 FR 11608).
On April 12, 1996, Wheatland Tube Company (Wheatland), one of the
original petitioners, filed a lawsuit before the Court of International
Trade (the Court) challenging the final scope determination and the
fact that the Department did not initiate an anticircumvention inquiry,
as petitioners originally requested. On July 12, 1996, we requested a
remand from the Court in order to provide a full explanation on the
record as to why we did not initiate an anticircumvention inquiry or,
if appropriate, to initiate such a proceeding. On October 9, 1996, the
Court denied our motion for a voluntary remand and, in response to a
separate motion filed by Wheatland, also dismissed all counts of the
original complaint as to Mexico. 3
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\3\ Based on the Court's denial of our request for voluntary
remand, the Department is not initiating an anticircumvention
inquiry with respect to pipe imports from Brazil and Korea.
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Initiation of Anticircumvention Proceeding
Section 353.29(b) of our regulations provides that applications for
anticircumvention determinations contain (1) a detailed description of
the product, including technical characteristics and uses of the
product, and its current U.S. Tariff Classification number; (2) a
statement of the interested party's position as to whether the product
is within the scope of an antidumping order, including (i) a summary of
the reasons for this conclusion, (ii) citations to any applicable
statutory authority, and (iii) attachment of any factual support for
this position, including applicable portions of the Secretary's or the
Commission's investigation. Where all of these conditions are met, our
regulations state we will evaluate the application to determine whether
an inquiry is warranted.
Upon review of petitioners' application, we find that it contains a
detailed description of the products and
[[Page 1430]]
a statement of the petitioners' position as to whether the product is
included within the order, as required by 19 CFR 353.29(b). Based on
our evaluation of the petition (see Memorandum, Joseph A. Spetrini to
Robert S. LaRussa, December 19, 1996, on file in Room B-099 of the Main
Commerce Building), we determine that a formal inquiry is warranted.
Accordingly, we are initiating a circumvention inquiry concerning
the antidumping duty order on standard pipe from Mexico, pursuant to
section 781(c) of the Tariff Act. In accordance with 19 CFR 353.29(j),
we will not instruct the Customs Service to suspend liquidation and
require a cash deposit of estimated duties on the merchandise which is
the subject of this inquiry unless and until we issue an affirmative
preliminary determination.
The Department will, following consultation with the interested
parties, establish a schedule for questionnaires and comments on the
issues. The Department intends to issue its final determination within
300 days of the date of publication of this initiation.
This notice is published in accordance with section 781(c) of the
Tariff Act (19 U.S.C. 1677j(c)) and 19 CFR 353.29.
Dated: December 20, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-632 Filed 1-9-97; 8:45 am]
BILLING CODE 3510-DS-P