Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Notices 3703

Period to be reviewed

Antidumping Duty Proceedings

Canada: Elemental Sulphur, A–122–047 ................................................................................................................................ 12/1/96–11/30/97

Husky Oil Limited

India: Certain Stainless Steel Wire Rod, A–533–808 ............................................................................................................. 12/1/96–11/30/97

Mukand

Mexico: Circular Welded Non-Alloy Steel Pipe,1 A–201–805 ................................................................................................. 11/1/96–10/31/97

Hylsa, S.A. de C.V.

Mexico: Porcelain-On-Steel Cooking Ware, A–201–504 ........................................................................................................ 12/1/96–11/30/97

Cinsa, S.A. de C.V.

Esmaltactiones de Norte America, S.A. de C.V.

Taiwan: Welded ASTM A–312 Stainless Steel Pipes, A–583–815 ........................................................................................ 12/1/96–11/30/97

Ta Chen Stainless Steel Pipe

The People’s Republic of China: Cased Pencils,2 A–570–827 .............................................................................................. 12/1/96–11/30/97

Anhui Stationary Company, Ltd., China First Pencil Company, Ltd., Shanghai Three Star Stationary Company Ltd.,

Beijing Pencil Factory, Dalian Pencil Factory, Donghua Pencil Factory, Harbin Pencil Factory, Jiangsu Pencil Factory, Jinan Pencil Factory, Juihai Pencil Factory, Julong Pencil Factory, Qingdao Pencil Factory, Shenyiang Pencil

Factory, Songnan Pencil Factory, Tianjin Pencil Factory, Xinbang Joint Venture Pencil Factory, Anhui Import/Export Group Corporation, Anhui Light Industrial Products Import/Export Corp., Anhui Provincial Imports & Exports

Corporation, Beijing Light Industrial Products Import/Export Corp., Changzhou Foreign Economic Technical &

Trading Company, Changzhou Foreign Trade Group, Chiangshu Foreign Trading, China Fujian Foreign Trade

Center, China National Light Industrial Products Import & Export Corporation (all branches), Dalian Light Industrial

Products Import/Export Corporation, Giangdong Provincial Stationary & Sporting Goods Import & Export Corporation, Jiangsu Light Industrial Products Import/Export Group Corporation, Jilin Provincial Machinery & Equipment

Import & Export Corporation, Liaoning Light Industrial Products Import/Export Corporation, Qingdao Light Industrial Products Import/Export Corporation, Shandong Light Industrial Products Import/Export Corporation, Shantou

Light Industrial Products Import/Export Corporation, Shantou Stationery & Sporting Goods Import & Export Corporation, Shanxi Light Industrial Products Import/Export Corporation, Shenyiang Light Industrial Products Import/

Export Corporation, Shum Yip (Shenzen) Industry & Trade Development Corporation, Sichuan Light Industrial

Products Import/Export Corporation, Tianjin Stationery and Sporting Goods Import/Export Corporation, Yangjiang

Light Industrial Products Import/Export Corporation, Zhenjiang Foreign Trade Corporation

The People’s Republic of China: Porcelein-on-Steel Cooking Ware,3 A–570–506 ................................................................ 12/1/96–11/30/97

Clover Enamelware Enterprises Ltd./Lucky Enamelware Factory Limited

Countervailing Duty Proceedings

None.

1 Inadvertently omitted from previous notice.

2 If one of the above named companies does not qualify for a separate rate, all other exporters of cased pencils from the People’s Republic of

China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named

exporters are a part. 3 If one of the above named companies does not qualify for a separate rate, all other exporters of porcelain-on-steel cooking ware from the

People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity

of which the named exporters are a part.

During any administrative review

covering all or part of a period falling

between the first and second or third

and fourth anniversary of the

publication of an antidumping duty

order under § 351.211 or a

determination under § 351.218(d)

(sunset review), the Secretary, if

requested by a domestic interested party

within 30 days of the date of publication

of the notice of initiation of the review,

will determine whether antidumping

duties have been absorbed by an

exporter or producer subject to the

review if the subject merchandise is

sold in the United States through an

importer that is affiliated with such

exporter or producer. The request must

include the name(s) of the exporter or

producer for which the inquiry is

requested.

For transition orders defined in

section 751(c)(6) of the Act, the

Secretary will apply paragraph (j)(1) of

this section to any administrative

review initiated in 1996 or 1998 (19 CFR

351.213(j)(1–2)).

Interested parties must submit

applications for disclosure under

administrative protective orders in

accordance with 19 CFR 353.34(b) and

355.34(b).

These initiations and this notice are

in accordance with section 751(a) of the

Tariff Act of 1930, as amended (19

U.S.C. 1675(a)), and 19 CFR

351.221(c)(1)(i).

Dated: January 16, 1998.

Richard W. Moreland,

Acting Deputy Assistant Secretary, Group II,

Import Administration.

[FR Doc. 98–1807 Filed 1–23–98; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–580–807]

Polyethylene Terephthalate Film, Sheet

and Strip From the Republic of Korea,

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.

SUMMARY: On November 19, 1997, the

Department of Commerce (the

Department) published the notice of

initiation and preliminary results of its

changed circumstances administrative

review concerning whether Saehan

Industries, Inc. (Saehan) is the successor
3704 Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Notices

firm to Cheil Synthetics Inc., (Cheil) and

whether the revocation issued or Cheil

should apply to Saehan. We have now

completed that review. We have

determined that Saehan is the successor

firm to Cheil. As such, the revocation

issued for Cheil applies to Saehan.

EFFECTIVE DATE: January 26, 1998.

FOR FURTHER INFORMATION CONTACT:

Michael J. Heaney at (202) 482–4475 or

Linda Ludwig at (202) 482–3833, AD/

CVD Enforcement Office Eight, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

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

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 by

the Uruguay Round Agreement Act. 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).

SUPPLEMENTARY INFORMATION:

Background

On September 29, 1997, Saehan

requested that the Department conduct

a changed circumstances administrative

review pursuant to section 751(b) of the

Tariff Act to determine whether Saehan

should properly be considered the

successor firm to Cheil and if, as such,

the revocation issued for Cheil should

apply to Saehan. Saehan also requested

the Department to publish the

preliminary results concurrently with

the notice of initiation, pursuant to 19

CFR 351.221(c)(3)(ii). In its request,

Saehan notified the Department that on

February 28, 1997, Cheil officially

changed its corporate name to Saehan,

and despite this change in corporate

name, the management, production

facilities, supplier relationships, and

customer base of Saehan are virtually

identical to those of the former Cheil. In

support of its claim, Saehan submitted

documentary evidence demonstrating

that Saehan maintained essentially the

same management, production facilities,

supplier, and customer relationships as

Cheil. Citing the Department’s

determinations in Sugars and Syrups

from Canada; Initiation and Preliminary

Results of Changed Circumstances

Review, 61 FR 48885 (Sept. 17, 1996)

and Industrial Phosphoric Acid from

Israel; Preliminary Results of

Antidumping Duty Changed

Circumstances Review, 58 FR 59010

(Nov. 5, 1993), Saehan claimed that the

Department should determine that it is

the successor-in-interest to Cheil.

On November 19, 1997, the

Department published in the Federal

Register (62 FR 61801) the notice of

initiation and preliminary results of its

antidumping duty administrative review

of the antidumping duty order of

polyethylene terephthalate film, sheet,

and strip from the Republic of Korea.

We have now completed this changed

circumstances review in accordance

with section 751(b) of the Tariff Act, as

amended (the Act).

Scope of the Review

The merchandise subject to this

antidumping duty order are shipments

of all gauges of raw, pretreated, or

primed polyethylene terephthalate, film,

sheet, and strip, whether extruded or

coextruded. The films excluded from

this review are metallized films, and

other finished films that have had at

least one of their surfaces modified by

the application of a performanceenhancing resinous or inorganic layer of

more than 0.00001 inches (0.254

micrometers) thick. Roller transport

cleaning film which has at least one of

its surfaces modified by the application

of SBR latex has also been ruled as not

within the scope of the order.

PET film is currently classifiable

under Harmonized Tariff Schedule of

the United States subheading

3920.62.00.00. The HTS subheading is

provided for convenience and customs

purposes. The written description of the

scope of this order is dispositive.

This changed circumstances

administrative review covers Saehan.

Successorship

In considering questions involving

successorship, 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 (May 13, 1992). While no one or

several of these factors will necessarily

provide a dispositive indication, the

Department will generally consider the

new company to be the successor to the

previous company if its resulting

operation is essentially the same as its

predecessor. See e.g., Industrial

Phosphoric Acid from Israel, Final

Results of Changed Circumstances

Review, 59 FR 6944 (February 14, 1994).

Thus, if evidence demonstrates that,

with respect to the production and sale

of the subject merchandise, the new

company operates as the same entity as

the former company, the Department

will treat the successor company the

same as the predecessor for purposes of

antidumping liability, e.g., assign the

same cash deposit rate, revocation, etc.

We have examined the information

provided by Saehan in its September 29,

1997 letter and determined that Saehan

is the successor-in-interest to Cheil. The

management and organizational

structure of the former Cheil has

remained intact under Saehan, and

there have been no changes in the

production facilities, supplier

relationships, or customer base.

Therefore, we determine that Saehan

has maintained the same management,

production facilities, supplier

relationships, and customer bases as did

Cheil. Based upon the foregoing, we

determine that the July 5, 1996

revocation issued for Cheil applies to

Saehan.

Comments

Although we gave interested parties

an opportunity to comment on the

preliminary results, none were

submitted.

Final Results of Changed

Circumstances Review

We determine that Saehan is the

successor-in-interest Cheil, and

accordingly, the revocation issued for

Cheil applies to Saehan. We will notify

the U.S. Customs Service of our

decision and instruct Customs to

liquidate without regard to antidumping

duties, merchandise produced by

Saehan on or after February 28, 1997,

the date on which the corporate name

change was legally effected.

This changed circumstances review

and notice are in accordance with

section 751(b) of the Act, as amended

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

351.216.

Dated: January 16, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–1805 Filed 1–23–98; 8:45 am]

BILLING CODE 3510–PS–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–427–811]

Certain Stainless Steel Wire Rods

From France: Preliminary Results of

Antidumping Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.