1434 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices

1996, pursuant to the December 31,

1996, notice of initiation.

Dated: January 6, 1997.

Jeffrey P. Bialos,

Principal Deputy Assistant Secretary, Import

Administration.

[FR Doc. 97–635 Filed 1–9–97; 8:45 am]

BILLING CODE 3510–DS–M

[A–583–508]

Porcelain-on-Steel Cooking Ware From

Taiwan: 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 of initiation and

preliminary results of changed

circumstances antidumping duty

administrative review, and intent to

revoke order in part.

SUMMARY: In response to a request from

General Housewares Corporation (GHC),

the Department of Commerce (the

Department) is initiating a changed

circumstances antidumping duty

administrative review and issuing a

notice of preliminary intent to revoke in

part the antidumping duty order on

porcelain-on-steel cooking ware from

Taiwan. GHC requested that the

Department revoke the order in part

with regard to teakettles. Based on the

fact that GHC, who filed the original

petition in this case, has expressed no

interest in the importation or sale of

teakettles, we intend to partially revoke

this order.

EFFECTIVE DATE: January 10, 1997.

FOR FURTHER INFORMATION CONTACT:

Amy S. Wei or Zev Primor, Office of

Antidumping/Countervailing Duty

Enforcement, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone

(202) 482–4737.

SUPPLEMENTARY INFORMATION:

The 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, as

amended (the Act), by the Uruguay

Round Agreements Act (URAA). In

addition, unless otherwise indicated, all

citations to the Department’s regulations

are to the current regulations, as

amended by the interim regulations

published in the Federal Register on

May 11, 1995 (60 FR 25130).

Background

On September 12, 1996, GHC

requested that the Department conduct

a changed circumstances administrative

review to determine whether to partially

revoke the order on porcelain-on-steel

cooking ware from Taiwan with regard

to teakettles. GHC stated that it is the

only U.S. producer of porcelain-on-steel

cooking ware and that, in the original

petition, it requested that the scope of

the order include teakettles. GHC also

stated that it no longer manufactures

porcelain-on-steel teakettles and has no

further interest in the antidumping duty

order with respect to teakettles.

Scope of Review

The products covered by this

antidumping order are porcelain-onsteel cooking ware, including teakettles,

which do not have self-contained

electric heating elements. All of the

foregoing are constructed of steel and

are enameled or glazed with vitreous

glasses. Kitchenware is not subject to

this order. See Antidumping Duty

Order; Porcelain-on-Steel Cooking Ware

from Taiwan, 51 FR 43416 (December 2,

1986).

The merchandise covered by this

changed circumstances review are

teakettles from Taiwan. Imports of

teakettles are currently classifiable

under the harmonized tariff schedule

(HTS) subheading 7323.94.00.10. The

HTS subheading is provided for

convenience and U.S. Customs

purposes. Our written description of the

scope of this proceeding is dispositive.

The order with regard to imports of

other porcelain-on-steel cooking ware is

not affected by this request.

Initiation and Preliminary Results of

Changed Circumstances Antidumping

Duty Administrative Review, and Intent

To Revoke Order in Part

Pursuant to section 751(d) 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 sufficient

information concerning changed

circumstances.

The Department’s regulations at 19

CFR 353.25(d)(2) permit the Department

to conduct a changed circumstances

administrative review under section

353.22(f) based upon an affirmative

statement of no interest from the

petitioner in the proceeding. Section

782(h) of the Act and 19 CFR

353.25(d)(1)(i) further provide that the

Department may revoke an order or

revoke an order in part if it determines

that the order, or part of the order,

under review is no longer of interest to

interested parties. In addition, in the

event that the Department concludes

that expedited action is warranted,

section 353.22(f)(4) of the regulations

permits the Department to combine the

notices of initiation and preliminary

results.

Therefore, in accordance with

sections 751(b)(1) and 751(d) of the Act,

19 CFR 353.25(d), and 353.22(f), we are

initiating this changed circumstances

administrative review and have

determined that expedited action is

warranted. Based on an affirmative

statement of no interest by petitioner

with respect to teakettles, we have

preliminarily determined that the

portion of the order on porcelain-onsteel cooking ware from Taiwan

concerning teakettles no longer is of

interest to domestic interested parties.

Because we have concluded that

expedited action is warranted, we are

combining these notices of initiation

and preliminary results. Therefore, we

are hereby notifying the public of our

intent to revoke in part the antidumping

duty order as to imports of teakettles

from Taiwan.

If final revocation in part occurs, we

will instruct the U.S. Customs Service to

end the suspension of liquidation and to

refund, with interest, any estimated

antidumping duties collected for all

unliquidated entries of teakettles that

are not subject to a final results of

administrative review. 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

Parties to the proceeding may request

disclosure within 5 days of the date of

publication of this notice and any

interested party may request a hearing

within 10 days of publication. Any

hearing, if requested, will be held no

later than 28 days after the date of

publication of this notice, or the first

working day thereafter. Case briefs and/

or written comments from interested

parties may be submitted no later than

14 days after the date of publication of

this notice. Rebuttal briefs and rebuttals

to written comments, limited to the

issues raised in those case briefs or

comments, may be filed no later than 21

days after the date of publication of this

notice. All written comments shall be
Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices 1435

submitted in accordance with 19 CFR

353.31(e) and shall be served on all

interested parties on the Department’s

service list in accordance with 19 CFR

353.31(g). Persons interested in

attending the hearing 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.

This notice is in accordance with

sections 751 (b)(1) and (d) of the Act

and sections 353.22(f) and 353.25(d) of

the Department’s regulations.

Dated: December 31, 1996.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–631 Filed 1–9–97; 8:45 am]

BILLING CODE 3510–DS–P

[A–583–815]

Certain Welded Stainless Steel Pipe

From Taiwan; Preliminary Results of

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Preliminary Results of

Administrative Review.

SUMMARY: In response to a request by

respondent Ta Chen Stainless Pipe Co.,

Ltd. (Ta Chen), the Department of

Commerce (the Department) is

conducting an administrative review of

the antidumping duty order on certain

welded stainless steel pipe from Taiwan

(A–583–815). This review covers one

manufacturer/exporter of the subject

merchandise to the United States during

the period December 1, 1994 through

November 30, 1995.

We preliminarily determine that sales

of welded stainless steel pipe (WSSP)

have been made below the normal value

(NV). If these preliminary results are

adopted in our final results of

administrative review, we will instruct

the U.S. Customs Service to assess

antidumping duties equal to the

difference between United States price

and NV. Interested parties are invited to

comment on these preliminary results.

Parties who submit comments are

requested to submit with the argument:

(1) A statement of the issues; and (2) a

brief summary of the argument.

EFFECTIVE DATE: January 10, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert James at (202) 482–5222 or John

Kugelman at (202) 482–0649,

Antidumping and Countervailing Duty

Enforcement Group III, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

APPLICABLE STATUTE AND REGULATIONS:

Unless otherwise indicated, all citations

to the Tariff Act of 1930, as amended

(the Tariff Act), are to the provisions

effective January 1, 1995, the effective

date of the amendments made to the

Tariff Act by the Uruguay Round

Agreements Act. In addition, unless

otherwise indicated, all citations to the

Department’s regulations are to the

current regulations, as amended by the

interim regulations published in the

Federal Register on May 11, 1995 (60

FR 25130).

SUPPLEMENTARY INFORMATION:

Background

On December 30, 1992, the

Department published in the Federal

Register the antidumping duty order on

WSSP from Taiwan (57 FR 62300). On

December 4, 1995, the Department

published the notice of ‘‘Opportunity to

Request Administrative Review’’ for the

period December 1, 1994 through

November 30, 1995 (60 FR 62070). In

accordance with 19 CFR 353.22(a)(1)

(1995), Ta Chen requested that we

conduct a review of its sales. On

February 1, 1996, we published in the

Federal Register a notice of initiation of

this antidumping duty administrative

review covering the period December 1,

1994 through November 30, 1995 (61 FR

3670).

Because it was not practicable to

complete this review within the normal

time frame, on September 12, 1996, we

published in the Federal Register our

notice of extension of time limits for

this review (61 FR 48126). As a result,

we extended the deadline for these

preliminary results to December 30,

1996. The deadline for the final results

will continue to be 120 days after

publication of these preliminary results.

Scope of the Review

The merchandise subject to this

administrative review is certain welded

austenitic stainless steel pipe (WSSP)

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 the 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 for

WSSP include, but are not limited to,

digester lines, blow lines,

pharmaceutical lines, petrochemical

stock lines, 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, 7306.04.5015,

7306.40.5040, 7306.40.5065, and

7306.40.5085. Although these

subheadings include both pipes and

tubes, the scope of this investigation is

limited to welded austenitic stainless

steel pipes. Although the HTS

subheadings are provided for

convenience and Customs purposes, our

written description of the scope of this

order is dispositive.

The period for this review is

December 1, 1994 through November

30, 1995. This review covers one

manufacturer/exporter, Ta Chen.

Use of Facts Available

We preliminarily determine that the

use of facts available is appropriate for

a portion of Ta Chen’s U.S. sales, in

accordance with section 776(a) of the

Tariff Act, because Ta Chen

mischaracterized a portion of its U.S.

sales as EP sales when, in fact, these are

properly considered Constructed Export

Price (CEP) sales. Ta Chen reported in

its initial questionnaire response of

April 30, 1996 that all of its U.S. sales

were EP sales with each reported sale

being made to an unaffiliated customer.

However, in its November 12, 1996,

supplemental questionnaire response,

Ta Chen provided additional

information with respect to one U.S.

customer which clearly indicates that

Ta Chen and this customer were

affiliated within the meaning of section

771(33) of the Tariff Act.

Section 771(33)(G) of the Tariff Act

holds that two parties shall be

considered ‘‘affiliated’’ if one party

‘‘controls’’ the other. One party controls

another if the party ‘‘is legally or

operationally in a position to exercise

restraint or direction over the other

person.’’ From the information provided

by Ta Chen, we have preliminarily

determined that Ta Chen was

‘‘operationally in a position to exercise

restraint or direction over’’ the U.S.

customer at issue. Ta Chen reported that

it controlled this customer’s

disbursements and had physical

custody of its signature stamp used to