Iron Construction Castings From Canada: Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, and Intent To Revoke Order in Part

Federal RegisterJul 8, 1998

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-503]

Iron Construction Castings From Canada: Notice of Initiation and

Preliminary Results of Changed Circumstances Antidumping Duty

Administrative Review, and Intent To Revoke Order in Part

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice.

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EFFECTIVE DATE: July 8, 1998.

SUMMARY: In response to the April 30, 1998 request by the Municipal

Castings Fair Trade Council, the petitioner in this case, the

Department of Commerce (the Department) is initiating a changed

circumstances antidumping duty administrative review and issuing an

intent to revoke in part the antidumping duty order on iron

construction castings from Canada. The scope of the order currently

includes valve, service, and meter boxes which are placed below ground

to encase water, gas, or other valves, or water and gas meters, which

are considered light castings. The petitioner has expressed no further

interest in the relief provided by the antidumping duty order with

respect to the importation and sale of valve, service, and meter boxes

which are placed below ground to encase water, gas, or other valves, or

water and gas meters, considered light castings. Accordingly, we have

preliminarily determined to revoke the order on iron construction

castings from Canada with respect to light castings.

Interested parties are invited to comment on these preliminary

results.

FOR FURTHER INFORMATION CONTACT: Matthew Blaskovich or Irene Darzenta,

AD/CVD Enforcement Group II, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-

4697 or (202) 482-6320.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

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 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).

Background

On March 5, 1986, the Department published the antidumping duty

order on iron construction castings from Canada (51 FR 7600).

Subsequently, on September 25, 1986, the Department published an

amendment to the final determination in the less-than-fair-value (LTFV)

investigation and to the antidumping duty order on iron construction

castings from Canada (51 FR 34110). On April 30, 1998, the Municipal

Castings Fair Trade Council (the petitioner), requested that the

Department revoke, in part, the antidumping duty order with respect to

light iron construction castings based on its lack of further interest.

Scope of the Order

The merchandise covered by the order consists of certain iron

construction castings from Canada, limited to manhole covers, rings,

and frames, catch basin grates and frames, cleanout covers and frames

used for drainage or access purposes for public utility, water and

sanitary systems, classifiable as heavy castings under Harmonized

Tariff Schedule (HTS) item numbers 7325.10.0010 and 7325.10.0050; and

to valve, service, and meter boxes which are placed below ground to

encase water, gas, or other valves, or water and gas meters,

classifiable as light castings under HTS item numbers 8306.29.0000 and

8310.00.0000. The HTS item numbers are provided for convenience and

Customs purposes only. The written description remains dispositive.

Scope of the Changed Circumstances Administrative Review

Imports covered by this changed circumstances administrative review

are shipments of light castings from Canada, as described above.

Initiation and Preliminary Results of Changed Circumstances

Antidumping Duty Administrative Review, and Intent to Revoke in

Part

Pursuant to section 751(d)(1) of the Act, the Department may

partially revoke an antidumping duty order based on a review under

section 751(b) of the Act (i.e., a changed circumstances review).

Section 751(b)(1) of the Act requires a changed circumstances

administrative review to be conducted upon receipt of a request

containing information concerning changed circumstances sufficient to

warrant a review.

Section 351.222(g) of the Department's regulations provides that

the Department will conduct a changed circumstances review under 19 CFR

351.216, and may revoke an order in whole or in part, if it determines

that the producers accounting for substantially all of the production

of the domestic like product have expressed a lack of interest in the

order, in whole or in part. In addition, in the event that the

Department concludes that expedited action is warranted, sections

351.221(c)(3)(ii) and 351.222(f)(2)(iv) of the regulations permit the

Department to combine the notices of initiation and preliminary

results. Therefore, in accordance with sections 751(b) of the Act and

19 CFR 351.216, 351.221, and 351.222, based on an affirmative statement

of no interest by the petitioner in continuing the order with respect

to light iron construction castings, as described above, we are

initiating this changed circumstances administrative review. Based on

the fact that no other interested parties have objected to the position

taken by the petitioner, we have determined that expedited action is

warranted, and we are combining these notices of initiation and

preliminary results. We have preliminarily determined that there are

changed circumstances sufficient to warrant partial revocation of the

antidumping duty order on iron construction castings from Canada.

Therefore, we are hereby notifying the public of our intent to revoke,

in part, the antidumping duty order as it relates to imports of light

iron construction castings.

If final revocation in part occurs, we intend to instruct the U.S.

Customs Service (Customs) to end the suspension of liquidation of iron

construction castings subject to this changed circumstances review on

the effective date of the final notice of partial revocation, and to

refund any estimated antidumping duties collected, for all unliquidated

entries of such merchandise made on or after March 1, 1997. We will

also instruct Customs to pay interest on such refunds in accordance

with section 778 of the Act. The current requirement for a cash deposit

of estimated antidumping duties will continue until publication of the

final results of this changed circumstances review.

Public Comment

Interested parties may request a hearing and/or may submit case

briefs and/or written comments no later than 30 days after the date of

publication of these results. Rebuttal briefs and rebuttals to written

comments, limited to issues raised in such briefs or comments, may be

filed no later than 35

[[Page 36877]]

days after the date of publication of these results. The Department

will issue the final results of this changed circumstances review,

which will include the results of its analysis of any issues raised in

any such written comments, no later than 270 days after the date on

which this review was initiated, or within 45 days if all parties agree

to our preliminary results.

This notice is in accordance with section 751(b) of the Act (19

U.S.C. 1675(b)), and 19 CFR 351.216, 351.221, and 351.222.

Dated: June 30, 1998.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 98-18112 Filed 7-7-98; 8:45 am]

BILLING CODE 3510-DS-P

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Iron Construction Castings From Canada: Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, and Intent To Revoke Order in Part · 63 FR 36876 | Frix