Federal Register / Vol. 5, No. 11 / Tuesday, January 18, 2000 / Notices 2581

DEPARTMENT OF COMMERCE

International Trade Administration

[A–549–502]

Certain Welded Carbon Steel Pipes

and Tubes From Thailand; Notice of

Amended Final Results of

Antidumping Duty Administrative

Review in Accordance With Final Court

Decision

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Amended Final

Results of Administrative Review in

Accordance with Final Court Decision

on Certain Welded Carbon Steel Pipes

and Tubes from Thailand.

EFFECTIVE DATE: January 18, 2000.

FOR FURTHER INFORMATION CONTACT:

Dana Mermelstein or Javier Barrientos,

AD/CVD Enforcement Group III, Office

VII, Room 7866, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW,

Washington, DC 20230; telephone: (202)

482–3208 or (202) 482–2243,

respectively.

SUMMARY: On October 6, 1999, the U.S.

Court of International Trade (the Court)

affirmed the Department of Commerce’s

(the Department) remand determination

of the final results of the antidumping

duty administrative review of Certain

Welded Carbon Steel Pipes and Tubes

from Thailand. As no further appeals

have been filed and there is now a final

and conclusive court decision in this

action, we are amending our final

results.

SUPPLEMENTARY INFORMATION:

Background

On October 16, 1997, the Department

published the final results of the

administrative review in Certain

Welded Carbon Steel Pipes and Tubes

from Thailand (62 FR 53808) (Final

Results), covering the period March 1,

1995 through February 29, 1996.

Respondents challenged the

Department’s application of the

affiliated parties standard, provided in

19 U.S.C. 1677(33) (1994), and our

subsequent conclusion that Saha Thai

was affiliated with several companies

based on common control by various

family groupings. In the Final Results,

the Department had determined

pursuant to 19 U.S.C. 1677(33) (1994),

that Saha Thai was affiliated with two

producers, Thai Tube and Thai Hong;

three home market customers; and, two

members of the Siam Steel Group. The

Department found that Saha Thai had

significantly impeded the review by

failing to disclose these affiliations.

Thus, for the Final Results, the

Department determined a dumping

margin of 29.89 per-cent for the period

of review (POR), based on total adverse

facts available. On March 23, 1999, the

Court remanded these final results. See

Ferro Union, Inc. v. United States, 44 F.

Supp.2d 1310 (Ct. Int’l Trade 1999)

(Ferro Union).

The Court found that the

Department’s interpretation of ‘‘family,’’

as stated in 19 U.S.C. § 1677(33)(A), was

reasonable and affirmed that

interpretation. However, the Court also

found that the Department had provided

insufficient guidance with respect to its

interpretation of the term; specifically,

that more distantly-related family

members, beyond those listed in the

statute, were to be included. Therefore,

the Court ordered the Department to

reconsider the use of total adverse facts

available. The Court also instructed the

Department to revisit other factual

determinations. See (Ferro Union). The

Department issued its remand

determination on July 6, 1999. See

Remand Determination: Ferro Union,

Inc. and Asoma Corporation v. United

States, Court No. 97–11–01973

(hereinafter ‘‘Remand Results’’ or

‘‘RR’’), in which the Department

calculated a dumping margin based on

partial adverse facts available.

On October 6, 1999, the Court

affirmed the Department’s remand

results, upholding the use of partial

adverse facts available. See Ferro Union

Inc and Asoma Corporation v. The

United States, Slip Op. 99–104 (CIT,

October 6, 1999). Pursuant to the Court’s

order, we have placed on the record in

this case the margin calculation program

using partial adverse facts available.

Amendment to Final Results of Review

Because no further appeals have been

filed and there is now a final and

conclusive decision in the court

proceeding, effective as of the

publication date of this notice, we are

amending the Final Results, and

establishing the following revised

dumping margin:

CERTAIN WELDED CARBON STEEL

PIPES AND TUBES FROM THAILAND

(POR 1995–1996)

Producer/management/exporterWeighted-average

margin

Saha Thai .................. 9.52 percent.

The ‘‘All Others Rate’’ was not

affected by the Remand Determination,

and remains at 15.67 per-cent. See Final

Results FR 62 (37543).

The Department will instruct the

Customs Service to assess these revised

antidumping duties on all appropriate

entries. The Department will issue

appraisement instructions directly to

the Customs Service.

Dated: January 5, 2000.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 00–1103 Filed 1–14–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C–428–812]

Certain Hot-Rolled Lead and Bismuth

Carbon Steel Products From Germany:

Rescission of Countervailing Duty

Administrative Review and Initiation

and Preliminary Results of Changed

Circumstances Review and Intent To

Revoke Order

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of rescission of

countervailing duty administrative

review and initiation and preliminary

results of changed circumstances review

and intent to revoke order.

SUMMARY: In response to a request from

Ispat Inland Inc. (Ispat) and Republic

Technologies International (RTI) (the

successors to the petitioners in this

proceeding) and from domestic

producer Birmingham Steel Corporation

(BSC) (collectively, the domestic

producers), the Department of

Commerce (the Department) is

rescinding the current administrative

review of the countervailing duty order

on certain hot-rolled lead and bismuth

carbon steel products from Germany.

This administrative review covers the

period January 1, 1998, through

December 31, 1998. In addition, in

response to a request from the domestic

producers, we are initiating a changed

circumstances review and issuing this

notice of intent to revoke the

countervailing duty order on certain

hot-rolled lead and bismuth carbon steel

products from Germany. The domestic

producers requested that the

Department revoke the order retroactive

to January 1, 1998, because they no

longer have an interest in maintaining

the order.

EFFECTIVE DATE: January 18, 2000.

2582 Federal Register / Vol. 5, No. 11 / Tuesday, January 18, 2000 / Notices

FOR FURTHER INFORMATION CONTACT:

Robert Copyak or Richard Herring, AD/

CVD Enforcement Office VI, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, DC 20230;

telephone (202) 482–2613 or (202) 482–

1503, respectively.

SUPPLEMENTARY INFORMATION:

The 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 (URAA). In addition,

unless otherwise indicated, all citations

to the Department’s regulations are to

the regulations codified at 19 CFR Part

351 (April 1999).

Background

On November 24, 1999, the domestic

producers requested that the

Department conduct a changed

circumstances review to revoke the

countervailing duty order on certain

hot-rolled lead and bismuth carbon steel

products from Germany retroactive to

January 1, 1998. The domestic

producers stated that circumstances

have changed such that they no longer

have an interest in maintaining the

countervailing duty order. They also

stated that they represent approximately

85 to 90 percent of the domestic

production of the domestic like product

to which the order pertains. The

domestic producers also requested that,

due to the pendency of the ongoing

administrative review of the order, the

Department complete the changed

circumstances review on an expedited

basis. On January 5, 2000, the domestic

producers submitted a letter

withdrawing their request for the

administrative review of the period

January 1, 1998, through December 31,

1998.

Scope of Review

The products covered are hot-rolled

bars and rods of nonalloy or other alloy

steel, whether or not descaled,

containing by weight 0.03 percent or

more of lead or 0.05 percent or more of

bismuth, in coils or cut lengths, and in

numerous shapes and sizes. Excluded

from the scope are other alloy steels (as

defined by the Harmonized Tariff

Schedule of the United States (HTSUS)

Chapter 72, note 1 (f)), except steels

classified as other alloy steels by

reasons of containing by weight 0.4

percent or more of lead, or 0.1 percent

or more of bismuth, tellurium, or

selenium. Also excluded are semifinished steels and flat-rolled products.

Most of the products covered in this

review are provided for under

subheadings 7213.20.00.00 and

7214.30.00.00 of the HTSUS. Small

quantities of these products may also

enter the United States under the

following HTSUS subheadings:

7213.31.30.00; 7213.31.60.00;

7213.39.00.30; 7213.39.00.60;

7213.39.00.90; 7213.91.30.00;

7213.91.45.00; 7213.91.60.00;

7213.99.00; 7214.40.00.10;

7214.40.00.30; 7214.40.00.50;

7214.50.00.10; 7214.50.00.30;

7214.50.00.50; 7214.60.00.10;

7214.60.00.30; 7214.60.00.50;

7214.91.00; 7214.99.00; 7228.30.80.00;

and 7228.30.80.50. HTSUS subheadings

are provided for convenience and

Customs purposes. The written

description of the scope of this

proceeding is dispositive.

Rescission of Administrative Review

On January 5, 2000, the domestic

producers submitted a letter

withdrawing their request for the

administrative review of the period

January 1, 1998, through December 31,

1998. Given the domestic producers’

request for a changed circumstances

review and their statement of no further

interest in the order retroactive to

January 1, 1998, we have determined

that it is reasonable to rescind this

administrative review. Therefore, in

accordance with 19 CFR 351.213(d)(1),

we are rescinding this administrative

review.

Initiation and Preliminary Results of

Changed Circumstances Review and

Intent to Revoke Order

Pursuant to section 751(d)(1) of the

Act, the Department may revoke, in

whole or in part, a countervailing 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 review to be conducted

upon receipt of a request containing

sufficient information concerning

changed circumstances.

The Department’s regulations at 19

CFR 351.216(d) require the Department

to conduct a changed circumstances

review in accordance with 19 CFR

351.221 if it decides that changed

circumstances sufficient to warrant a

review exist. Section 782(h) of the Act

and 19 CFR 351.222(g)(1)(i) provide

further that the Department may revoke

an order, in whole or in part, if it

concludes that the order under review is

no longer of interest to producers

accounting for substantially all of the

production of the domestic like product.

In addition, in the event that the

Department concludes that expedited

action is warranted, 19 CFR

351.221(c)(3)(ii) permits the Department

to combine the notices of initiation and

preliminary results.

Ispat, RTI, and BSC are domestic

interested parties as defined by section

771(9)(E) of the Act and 19 CFR

351.102(b). These parties indicated that

they represent approximately 85 to 90

percent of the domestic production of

the domestic like product to which the

order pertains. We preliminarily

determine that these parties represent

producers accounting for substantially

all of the production of the domestic

like product. Therefore, based on the

affirmative statement by Ispat, RTI, and

BSC of no interest in the continued

application of the countervailing duty

order on certain hot-rolled lead and

bismuth carbon steel products from

Germany, we are initiating this changed

circumstances review. Further, based on

the domestic producers’ request, we

have determined that expedited action

is warranted, and we are combining the

notices of initiation and preliminary

results. We have preliminarily

determined that there are changed

circumstances sufficient to warrant

revocation of the order in whole.

Because the statement of no interest

dates back to January 1, 1998, we also

are hereby notifying the public of our

intent to revoke in whole the

countervailing duty order on certain

hot-rolled lead and bismuth carbon steel

products from Germany retroactive to

January 1, 1998.

If final revocation of the order occurs,

we intend to instruct the Customs

Service to end the suspension of

liquidation and to refund any estimated

countervailing duties collected for all

unliquidated entries of certain hotrolled lead and bismuth carbon steel

products from Germany on or after

January 1, 1998, in accordance with 19

CFR 351.222(g)(4). We will also instruct

the Customs Service to pay interest on

such refunds in accordance with section

778 of the Act. The current requirement

for a cash deposit of estimated

countervailing duties will continue

until publication of the final results of

this changed circumstances review.

Public Comment

Any interested party may request a

hearing within 10 days of publication of

this notice. Any hearing, if requested,

will be held no later than 28 days after

the date of publication of this notice.

Written comments from interested

parties may be submitted not later than

14 days after the date of publication of

Federal Register / Vol. 5, No. 11 / Tuesday, January 18, 2000 / Notices 2583

this notice. Rebuttal comments to

written comments, limited to issues

raised in those comments, may be filed

not later than 21 days after the date of

publication of this notice. All written

comments shall be submitted in

accordance with 19 CFR 351.303.

Persons interested in attending any

public hearing (if requested) should

contact the Department for the date and

time of the hearing. The Department

will publish the final results of this

changed circumstances review,

including the results of its analysis of

issues raised in any written comments

or at a hearing.

This notice is in accordance with

section 751(b)(1) of the Act and 19 CFR

351.216 and 351.222.

Dated: January 7, 2000.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 00–1101 Filed 1–14–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export

Trade Certificate of Review, Application

No. 99–00006.

SUMMARY: The Department of Commerce

has issued an Export Trade Certificate of

Review to T.P. International Expo

Services Inc. (‘‘TPIES’’). This notice

summarizes the conduct for which

certification has been granted.

FOR FURTHER INFORMATION CONTACT:

Morton Schnabel, Director, Office of

Export Trading Company Affairs,

International Trade Administration,

202–482–5131. This is not a toll-free

number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (15 U.S.C. 4001–21) authorizes the

Secretary of Commerce to issue Export

Trade Certificates of Review. The

regulations implementing Title III are

found at 15 CFR Part 325 (1999).

The Office of Export Trading

Company Affairs (‘‘OETCA’’) is issuing

this notice pursuant to 15 CFR 325.6(b),

which requires the Department of

Commerce to publish a summary of a

Certificate in the Federal Register.

Under Section 305(a) of the Act and 15

CFR 325.11(a), any person aggrieved by

the Secretary’s determination may,

within 30 days of the date of this notice,

bring an action in any appropriate

district court of the United States to set

aside the determination on the ground

that the determination is erroneous.

Description of Certified Conduct

Export Trade

1. Products; All products.

2. Services; All services.

3. Technology Rights. Technology

rights including, but not limited to,

patents, trademarks, copyrights and

trade secrets that relate to Products and

Services.

4. Export Trade Facilitation Services

(as they Relate to the Export of

Products, Services and Technology

Rights): Export Trade Facilitation

Services, including, but not limited to:

professional services in the areas of

government relations and assistance

with state and federal export programs,

foreign trade and business protocol;

consulting; market research and

analysis; collection of information on

trade opportunities; marketing;

negotiations; joint ventures; shipping

and export management; export

licensing; advertising; documentation

and services related to compliance with

customs requirements; insurance and

financing; bonding; warehousing; export

trade promotion; trade show

exhibitions; organizational

development; management and labor

strategies; transfer of technology;

transportation; and facilitating the

formation of shippers’ associations.

Export Markets

The Export Markets include all parts

of the world except the United States

(the fifty states of the United States, the

District of Columbia, the

Commonwealth of Puerto Rico, the

Virgin Islands, American Samoa, Guam,

the Commonwealth of the Northern

Mariana Islands, and the Trust Territory

of the Pacific Islands).

Export Trade Activities and Methods of

Operation

TPIES, Inc. may engage in the

following activities with respect to

Export Markets:

1. Provide and/or arrange for the

provision of Export Trade Facilitation

Services;

2. Engage in promotion and marketing

activities and collect and distribute

information on trade opportunities in

the Export Markets;

3. Enter into exclusive and/or nonexclusive agreements with distributors,

foreign buyers, and/or sales

representatives in Export Markets;

4. Enter into exclusive or nonexclusive sales agreements with

Suppliers, Export Intermediaries, or

other persons for the sale of Products

and Services in Export Markets;

5. Enter into exclusive or nonexclusive agreements with Suppliers,

Export Intermediaries, or other persons

for licensing Technology Rights in

Export Markets;

6. Allocate sales, export orders and/or

divide Export Markets among Suppliers,

Export Intermediaries, or other persons

for the sale of Products and Services;

7. Allocate the licensing of

Technology Rights in Export Markets

among Suppliers, Export Intermediaries,

or other persons;

8. Establish the price of Products and

Services for sale in Export Markets;

9. Establish the fee for licensing of

Technology Rights in Export Markets;

and

10. Negotiate, enter into, and/or

manage licensing agreements for the

export of Technology Rights.

Terms and Conditions of Certificate

1. In engaging in Export Trade

Activities and Methods of Operation,

TPIES, Inc. will not intentionally

disclose, directly or indirectly, to any

Supplier any information about any

other Supplier’s costs, production,

capacity, inventories, domestic prices,

domestic sales, or U.S. business plans,

strategies, or methods that is not already

generally available to the trade or

public.

2. TPIES, Inc. will comply with

requests made by the Secretary of

Commerce on behalf of the Secretary or

the Attorney General for information or

documents relevant to conduct under

the Certificate. The Secretary of

Commerce will request such

information or documents when either

the Attorney General or the Secretary of

Commerce believes that the information

or documents are required to determine

that the Export Trade, Export Trade

Activities and Methods of Operation of

a person protected by this Certificate of

Review continue to comply with the

standards of Section 303(a) of the Act.

Definitions

1. Export Intermediary means a

person who acts as a distributor, sales

representative, sales or marketing agent,

or broker, or who performs similar

functions, including providing or

arranging for the provision of Export

Trade Facilitation Services.

2. Supplier means a person who

produces, provides, or sells a Product

and/or a Service.

Protection Provided by the Certificate

This Certificate protects TPIES, Inc.

and its directors, officers, and

employees acting on its behalf from

private treble damage actions and

government criminal and civil suits