Certain Welded Stainless Steel Pipe From Taiwan; Final Results of Changed Circumstances Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-815]

Certain Welded Stainless Steel Pipe From Taiwan; Final Results of

Changed Circumstances Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of changed circumstances antidumping

duty administrative review.

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SUMMARY: On April 7, 1997, the Department of Commerce (the Department)

published the preliminary results of its changed circumstances

antidumpting duty administrative review of certain welded stainless

steel pipe (WSSP) from Taiwan (63 FR 16982). The Department

preliminarily determined that Chang Mein Industries Co., Ltd. (Chang

Mein) is the successor-in-interest to Chang Tieh Industry Co., Ltd.

(Chang Tieh) and is therefore, entitled to Chang Tieh's exclusion from

the antidumping duty order or WSSP from Taiwan. We invited interested

parties to comment on our preliminary results. We received no comments.

We have now completed this review and determine that, for purposes of

the antidumping duty law, Chang Mein is the successor firm to Chang

Tieh and, as such, is subject to exclusion from the order.

FOR FURTHER INFORMATION CONTACT:

Maureen McPhillips or Linda Ludwig, Office of AD/CVD Enforcement Group

III, Office 8, Import Administration, International Trade

Administration, Department of Commerce, 14th Street and Constitution

Avenue, N.W., Washington, DC 20230; telephone (202) 482-0193 or (202)

482-3833.

Applicable Statute and Regulations Scope of the Review

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Tariff Act)

by the Uruguay Round Agreements Act (URAA). In addition, unless

otherwise indicated, all citations to the Department's regulations are

to the regulations codified at 19 CFR part 351, 62 FR 27296 (May 19,

1997).

SUPPLEMENTARY INFORMATION:

Background

On September 11, 1996, Chang Mien requested that the Department

conduct a changed circumstances administrative review pursuant to

section 751(b) of the Tariff Act to determine whether Chang Mein should

properly be considered the successor firm to Chang Tieh. In the less-

than-fair-value (LTFV) investigation, the Department excluded Change

Tieh from the antidumping duty order on WSSP from Taiwan after

calculating a margin of zero for Chang Tieh. See Notice of Amended

Final Determination and Antidumping Duty Order; Certain Welded

Stainless Steel Pipes from Taiwan, 59 FR 6619 (February 11, 1994).

Chang Mien maintained that, as Chang Mein and Chang Tieh were related

at the time of the LTFV investigation, Chang Mein is entitled to Chang

Tieh's exclusion from the order ab initio. Chang Mien further stated

that, since publication of the order, Change Mien has absorbed Chang

Tieh and, therefore, as the successor firm to Chang Tieh, is entitled

to Chang Tieh's exclusion from

We preliminarily determined that Chang Mien is the successor-in-

interest to Chang Tieh, since it essentially operates as the same

entity as the former company; maintaining the same management,

production facilities, and supplier relationships as did Chang Tieh

prior to its merger with Chang Mien (63 FR 16982, April 7, 1998). We

gave interested parties an opportunity to comment on the preliminary

results of this changed circumstances review. We received no comments.

Scope of the Review

The merchandise subject to this antidumping duty order is welded

austenitic stainless steel pipe that meets the standards and

specifications set forth by the American Society for Testing and

Materials (ASTM) for the welded form of chromium nickel pipe designated

ASTM A-312. The merchandise covered by the scope of this order also

includes austenitic welded stainless steel pipes made according to the

standards of other nations which are comparable to ASTM A-312.

WSSP is produced by forming stainless steel flat-rolled products

into a tubular configuration and welding along the seam. WSSP is a

commodity product generally used as a conduit to transmit liquids or

gases. Major applications include, but are not limited to, digester

brewery process and transport lines, general food processing lines,

automotive paint lines and paper process machines. Imports of WSSP are

currently classifiable under the following Harmonized Tariff Schedule

of the United States (HTS) subheadings: 7306.40.5005, 7306.40.5015,

7306.40.5040, 7306.40.5065 and 7306.40.5086. Although these subheadings

include both pipes and tubes, the scope of this antidumping duty order

is limited to welded austenitic stainless steel pipes. Although the HTS

subheadings are provided for convenience and Customs purposes, the

written description of the scope of this order is dispositive.

Final Results of Changed Circumstances Antidumping Duty

Administrative Review

Based on the information that Chang Mien provided in its responses

to the Department's questionnaires and on the data obtained at

verification, we determine that Chang Mien is the successor to Chang

Tieh and, accordingly, is excluded from the antidumping duty order on

WSSP from Taiwan. For a complete discussion of the basis for this

decision, see Certain Welded Stainless Steel Pipe from Taiwan;

Preliminary Results of Changed Circumstances Antidumping Duty

Administrative Review, April 7, 1998, (63 FR 16982).

The Department, in accordance with 19 CFR 351.222, will instruct

the U.S. Customs Service (Customs) to proceed with liquidation, without

regard to antidumping duties, of all unliquidated entries of WSSP

manufactured by Chang Mien, exported to the United States and entered,

or withdrawn from warehouse, for consumption, on or after November 1,

1993, the effective date of the absorption of Chang Tieh by Chang Mien.

The Department will further instruct Customs to refund with

interest any estimated duties collected with respect to unliquidated

entries of such WSSP entered, or withdrawn from warehouse, for

consumption on or after November 1, 1993, in accordance with section

778 of the Act.

This notice also serves as a reminder to parties subject to

administrative protective order (APO) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 353.34(d). Timely written notification of

return/destruction of APO materials or conversion to judicial

protective order is hereby requested. Failure to comply with the

regulations and the terms of an APO is a sanctionable violation. Timely

written notification of the return/destruction of APO materials or

conversion to judicial protective order is hereby requested.

This changed circumstances administrative review and notice are in

accordance with sections 751(b) and (d) and 782(h) of the Tariff Act

and sections

[[Page 34148]]

351.216(d) and 351.222(g) of the Department's regulations.

Dated: June 11, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-16680 Filed 6-22-98; 8:45 am]

BILLING CODE 3510-DS-M