[Federal Register: June 18, 2002 (Volume 67, Number 117)]
[Notices]               
[Page 41394-41395]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn02-33]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]

 
Certain Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea; Initiation of Changed Circumstances Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Initiation of Changed Circumstances Antidumping Duty 
Administrative Review.

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SUMMARY: In response to a letter from Husteel Co., Ltd. notifying the 
Department of Commerce that its corporate name has changed from Shinho 
Steel Co., Ltd., the Department of Commerce is initiating a changed 
circumstances administrative review of the antidumping duty order on 
certain circular welded non-alloy steel pipe from the Republic of Korea 
(see Notice of Antidumping Orders: Certain Circular Welded Non-Alloy 
Steel Pipe from Brazil, the Republic of Korea (``Korea''), Mexico, and 
Venezuela and Amendment to Final Determination of Sales at Less Than 
Fair Value: Certain Welded Non-Alloy Steel Pipe from Korea (57 FR 
49453, November 2, 1992)).

EFFECTIVE DATE: June 18, 2002.

FOR FURTHER INFORMATION CONTACT: Suresh Maniam or Scott Holland, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-0176 and (202) 482-1279, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the ``Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act. In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(``Department'') regulations are to 19 CFR Part 351 (April 2002).

Scope of the Review

    The merchandise subject to this review is circular welded non-alloy 
steel pipe and tube, of circular cross-section, not more than 406.4mm 
(16 inches) in outside diameter, regardless of wall thickness, surface 
finish (black,

[[Page 41395]]

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, air, and other liquids and 
gases in plumbing and heating systems, air-conditioning units, 
automatic sprinkler systems, and other related uses. 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 as support 
members for reconstruction or load-bearing purposes in the 
construction, shipbuilding, trucking, farm equipment, and other 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 review except line 
pipe, oil-country tubular goods, boiler tubing, mechanical tubing, pipe 
and tube hollows for redraws, finished scaffolding, and finished 
conduit. In accordance with the Department's Final Negative 
Determination of Scope Inquiry on Certain Circular Welded Non-Alloy 
Steel Pipe and Tube from Brazil, the Republic of Korea, Mexico, and 
Venezuela (61 FR 11608, March 21, 1996), pipe certified to the API 5L 
line-pipe specification and pipe certified to both the API 5L line-pipe 
specifications and the less-stringent ASTM A-53 standard-pipe 
specifications, which falls within the physical parameters as outlined 
above, and entered as line pipe of a kind used for oil and gas 
pipelines is outside of the scope of the antidumping duty order.
    Imports of these products are currently classifiable under the 
following Harmonized Tariff Schedule of the United States (``HTSUS'') 
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 HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this proceeding is 
dispositive.

Initiation of Changed Circumstances Review

    On May 2, 2002, Husteel Co., Ltd. (``Husteel''), notified the 
Department that, as of April 1, 2002, its corporate name changed from 
Shinho Steel Co., Ltd. (``Shinho'' is a company subject to the 
antidumping duty order on certain circular welded non-alloy steel pipe 
from Korea), and requested that the Department initiate a changed 
circumstances review to confirm that Husteel is the successor-in-
interest to Shinho. Husteel also requested that the Department issue 
the preliminary results of the changed circumstances review in 
conjunction with the notice of initiation, in accordance with 19 CFR 
351.221(c)(3)(ii).
    Husteel provided documentation to support the name change, 
consisting of the minutes of the shareholders' meeting where the name 
change was approved, comparison chart of the articles of incorporation, 
court certification of the name change, and a new business registration 
certificate issued by tax authorities. Husteel has stated that the 
company's owners, management structure, production facilities, supplier 
relationships and customer base remain unchanged, but has not provided 
documentation supporting these statements.
    Pursuant to section 751 (b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information, or 
a request from an interested party, concerning an antidumping duty 
order which shows changed circumstances sufficient to warrant a review 
of the order. The information submitted by Husteel shows changed 
circumstances sufficient to warrant a review. See 19 CFR 351.216(c).
    Concerning Husteel's request that the Department issue the 
preliminary results of the changed circumstances review in conjunction 
with the notice of initiation, Husteel has not provided sufficient 
evidence to support a preliminary finding. In making successor-in-
interest determinations, the Department examines several factors 
including, but not limited to, changes in: (1) management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base. See e.g., Brass Sheet and Strip from Canada; Final Results of 
Antidumping Duty Administrative Review, 57 FR 20460, 20461 (May 13, 
1992). While no single factor, or combination of factors, will 
necessarily be dispositive, the Department will generally consider the 
new company to be the successor to its predecessor company if the 
resulting operations are essentially the same as the predecessor 
company. See e.g., id. and Industrial Phosphoric Acid from Israel; 
Final Results of Changed Circumstances Review, 59 FR 6944, 6945 
(February 14, 1994). Thus, if the evidence demonstrates that, with 
respect to the production and sale of the subject merchandise, the new 
company operates as the same business entity as its predecessor, the 
Department will treat the new company as the successor-in-interest to 
the predecessor. In this instance, while Husteel has stated for the 
record that the company's owners, management structure, production 
facilities, supplier relationships and customer base remain unchanged, 
it has not provided evidence supporting these statements.
    Therefore, in accordance with section 751(b)(1) of the Act and 
sections 19 CFR 351.216(b) and 351.221(b)(1), we are initiating a 
changed circumstances administrative review to determine whether 
entries naming Husteel as manufacturer or exporter should receive the 
cash deposit rate currently applied to Shinho.
    The Department will publish in the Federal Register a notice of 
preliminary results of changed circumstances antidumping duty 
administrative review, in accordance with 19 CFR 351.221(b)(4) and 
351.221(c)(3)(i), which will set forth the Department's preliminary 
factual and legal conclusions. The Department will issue its final 
results of review in accordance with the time limits set forth in 19 
CFR 351.216(e).
    This notice is published in accordance with section 751(b)(1) of 
the Act.

    Dated: June 12, 2002
Richard W. Moreland,
Deputy Assistant Secretary for Import Administration, Group 1.
[FR Doc. 02-15345 Filed 6-17-02; 8:45 am]
BILLING CODE 3510-DS-S