[Federal Register Volume 64, Number 126 (Thursday, July 1, 1999)]
[Notices]
[Pages 35694-35696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16822]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-540, 354, and 541 (Review)]
Certain Stainless Steel Pipe From Korea, Sweden, and Taiwan
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the antidumping
duty orders on certain stainless steel pipe from Korea, Sweden, and
Taiwan.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the antidumping
duty orders on certain stainless steel pipe from Korea, Sweden, and
Taiwan would be likely to lead to continuation or recurrence of
material injury. Pursuant to section 751(c)(2) of the Act, interested
parties are requested to respond to this notice by submitting the
information specified below to the Commission; \1\ to be assured of
consideration, the deadline for responses is August 20, 1999. Comments
on the adequacy of responses may be filed with the Commission by
September 13, 1999.
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\1\ No response to this request for information is required if a
currently valid Office of Management and Budget (OMB) number is not
displayed; the OMB number is 3117-0016/USITC No. 99-5-021. Public
reporting burden for the request is estimated to average 7 hours per
response. Please send comments regarding the accuracy of this burden
estimate to the Office of Investigations, U.S. International Trade
Commission, 500 E Street, SW, Washington, DC 20436.
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For further information concerning the conduct of these reviews and
rules of general application, consult the Commission's rules of
practice and procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are
published at 63 FR 30599, June 5, 1998, and may be downloaded from the
Commission's World Wide Web site at http://www.usitc.gov/rules.htm.
EFFECTIVE DATE: July 1, 1999.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera
Libeau (202-205-3176), Office of Investigations, U.S. International
Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting
the Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its internet server (http://www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
On December 3, 1987, the Department of Commerce issued an
antidumping duty order on imports of seamless stainless steel hollow
products from Sweden (52 FR 45985). The Department of Commerce amended
the order on November 5, 1992 to include welded stainless steel hollow
products from Sweden (57 FR 52761). The Department subsequently revoked
the order as to the seamless products on August 16, 1995, the order
thus remaining in effect only as to the welded products (60 FR 42529).
On December 30, 1992, the Department of Commerce issued antidumping
duty orders on imports of welded ASTM A-312 stainless steel pipe from
Korea (57 FR 62301) and Taiwan (57 FR 62300). The Commission is
conducting reviews to determine whether revocation of the orders would
be likely to lead to continuation or recurrence of material injury to
the domestic industry within a reasonably foreseeable time. It will
assess the adequacy of interested party responses to this notice of
institution to determine whether to conduct full reviews or expedited
reviews. The Commission's determinations in any expedited reviews will
be based on the facts available, which may include information provided
in response to this notice.
Definitions
The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Countries in these reviews are Korea, Sweden, and
Taiwan.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In the original
and remand determinations concerning Sweden, the Commission found two
Domestic Like Products: (1) Welded pipe and tube, excluding articles
containing between 10.1 and 11.5 percent chromium (primarily grade 409
pipe and tube), and (2) seamless pipe and tube, including redraw
hollows and finished seamless pipe and tube. One Commissioner defined
the welded pipe and tube Domestic Like Product differently. Because the
antidumping order was subsequently revoked as to seamless pipe and
tube, the seamless pipe and tube Domestic Like Product, as defined
above, is no longer like, or most similar in characteristics with, the
merchandise from Sweden that remains subject to the order. Accordingly,
for purposes of responding to this notice, persons should consider
welded pipe and tube, excluding articles containing between 10.1 and
11.5 percent chromium by weight (primarily grade 409 pipe and tube), to
be the sole Domestic Like Product corresponding to the subject
merchandise from Sweden.
[[Page 35695]]
In its original determinations concerning Korea and Taiwan, the
Commission found one Domestic Like Product: welded stainless steel
pipes and pressure tubes, excluding grade 409 tubes and mechanical
tubes (also known as ornamental tubes). For purposes of this notice,
you should report information separately on each of the two foregoing
welded pipe and tube Domestic Like Products.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In the original and remand
determinations concerning Sweden, the Commission found two Domestic
Industries corresponding to the two Domestic Like Products. The first
is the welded pipe and tube industry, which consists of integrated
companies that melt stainless steel, produce the required basic shapes
(sheet, strip, and plate), and then make the pipe and tube; and non-
integrated companies that purchase the basic shapes and make the pipe
and tube. The second is the seamless pipe and tube industry, which
consists of integrated companies that melt the steel, produce the basic
shapes, and then make the pipe and tube; and redrawers. Because the
antidumping order was subsequently revoked as to seamless pipe and
tube, the Domestic Industry corresponding to the Domestic Like Product
is now the welded pipe and tube industry, as defined above. The
Commission excluded one domestic producer, Sandvik, from the Domestic
Industry under the related parties provision. In its original
determinations concerning Korea and Taiwan, the Commission found one
Domestic Industry: producers of welded stainless steel pipes and
pressure tubes, excluding grade 409 tubes and mechanical tubes (also
known as ornamental tubes). For purposes of this notice, you should
report information separately on each of the two foregoing welded pipe
and tube Domestic Industries.
(5) The Order Dates are the dates that the antidumping duty order
under review became effective. In the review concerning Sweden, the
Order Date is December 3, 1987. In the reviews concerning Korea and
Taiwan, the Order Date is December 30, 1992.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the Reviews and Public Service List
Persons, including industrial users of the Subject Merchandise and,
if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 201.11(b)(4) of the Commission's rules, no later than
21 days after publication of this notice in the Federal Register. The
Secretary will maintain a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the reviews.
Limited Disclosure of Business Proprietary Information (BPI) Under
an Administrative Protective Order (APO) and APO Service List
Pursuant to section 207.7(a) of the Commission's rules, the
Secretary will make BPI submitted in these reviews available to
authorized applicants under the APO issued in the reviews, provided
that the application is made no later than 21 days after publication of
this notice in the Federal Register. Authorized applicants must
represent interested parties, as defined in 19 U.S.C. 1677(9), who are
parties to the reviews. A separate service list will be maintained by
the Secretary for those parties authorized to receive BPI under the
APO.
Certification
Pursuant to Sec. 207.3 of the Commission's rules, any person
submitting information to the Commission in connection with these
reviews must certify that the information is accurate and complete to
the best of the submitter's knowledge. In making the certification, the
submitter will be deemed to consent, unless otherwise specified, for
the Commission, its employees, and contract personnel to use the
information provided in any other reviews or investigations of the same
or comparable products which the Commission conducts under Title VII of
the Act, or in internal audits and investigations relating to the
programs and operations of the Commission pursuant to 5 U.S.C. Appendix
3.
Written Submissions
Pursuant to Sec. 207.61 of the Commission's rules, each interested
party response to this notice must provide the information specified
below. The deadline for filing such responses is August 20, 1999.
Pursuant to Sec. 207.62(b) of the Commission's rules, eligible parties
(as specified in Commission rule 207.62(b)(1)) may also file comments
concerning the adequacy of responses to the notice of institution and
whether the Commission should conduct expedited or full reviews. The
deadline for filing such comments is September 13, 1999. All written
submissions must conform with the provisions of Secs. 201.8 and 207.3
of the Commission's rules and any submissions that contain BPI must
also conform with the requirements of Secs. 201.6 and 207.7 of the
Commission's rules. The Commission's rules do not authorize filing of
submissions with the Secretary by facsimile or electronic means. Also,
in accordance with Secs. 201.16(c) and 207.3 of the Commission's rules,
each document filed by a party to the reviews must be served on all
other parties to the reviews (as identified by either the public or APO
service list as appropriate), and a certificate of service must
accompany the document (if you are not a party to the reviews you do
not need to serve your response).
Inability To Provide Requested Information
Pursuant to Sec. 207.61(c) of the Commission's rules, any
interested party that cannot furnish the information requested by this
notice in the requested form and manner shall notify the Commission at
the earliest possible time, provide a full explanation of why it cannot
provide the requested information, and indicate alternative forms in
which it can provide equivalent information. If an interested party
does not provide this notification (or the Commission finds the
explanation provided in the notification inadequate) and fails to
provide a complete response to this notice, the Commission may take an
adverse inference against the party pursuant to section 776(b) of the
Act in making its determinations in the reviews.
Information To Be Provided in Response to This Notice of
Institution
Please provide the requested information separately for each
Domestic Like Product, as defined above, and for each of the products
identified by Commerce as Subject Merchandise. If you are a domestic
producer, union/worker group, or trade/business association; import/
export Subject Merchandise from more than one Subject Country; or
produce Subject Merchandise in more than one Subject Country, you may
file a single response. If you do so, please ensure that your response
to each question includes the information requested for each pertinent
[[Page 35696]]
Subject Country. As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product to which your response pertains,
a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association, or another interested
party (including an explanation). If you are a union/worker group or
trade/business association, identify the firms in which your workers
are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty orders on each Domestic Industry for which you are
filing a response in general and/or your firm/entity specifically. In
your response, please discuss the various factors specified in section
752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of
subject imports, likely price effects of subject imports, and likely
impact of imports of Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
each Domestic Like Product for which you are filing a response.
Identify any known related parties and the nature of the relationship
as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in
Sweden that currently export or have exported Subject Merchandise to
the United States or other countries since 1986. A list of all known
and currently operating U.S. importers of the Subject Merchandise and
producers of the Subject Merchandise in Korea and Taiwan that currently
export or have exported Subject Merchandise to the United States or
other countries since 1991.
(7) If you are a U.S. producer of a Domestic Like Product, provide
the following information separately on your firm's operations on each
product during calendar year 1998 (report quantity data in short tons
and value data in thousands of U.S. dollars, f.o.b. plant). If you are
a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of each Domestic Like Product
accounted for by your firm's(s'') production; and
(b) The quantity and value of U.S. commercial shipments of each
Domestic Like Product produced in your U.S. plant(s); and
(c) The quantity and value of U.S. internal consumption/company
transfers of each Domestic Like Product produced in your U.S. plant(s).
(8) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Countries,
provide the following information on your firm's(s'') operations on
that product during calendar year 1998 (report quantity data in short
tons and value data in thousands of U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis,
for the firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Countries accounted for by your firm's(s') imports;
and
(b) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Countries; and
(c) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from the Subject Countries.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Countries, provide the following information on your
firm's(s'') operations on that product during calendar year 1998
(report quantity data in short tons and value data in thousands of U.S.
dollars, landed and duty-paid at the U.S. port but not including
antidumping or countervailing duties). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Countries accounted for by your firm's(s'') production; and
(b) The quantity and value of your firm's(s'') exports to the
United States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Countries accounted for by your firm's(s'') exports.
(10) Identify significant changes, if any, in the supply and demand
conditions or business cycle for each Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Countries since the Order Dates, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other products and the use, cost, or availability of major inputs
into production); and factors related to the ability to shift supply
among different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product produced in the United States, Subject
Merchandise produced in the Subject Countries, and such merchandise
from other countries.
(11) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.61 of the Commission's rules.
Issued: June 25, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-16822 Filed 6-30-99; 8:45 am]
BILLING CODE 7020-02-P