[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Notices]
[Pages 25205-25207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12516]



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DEPARTMENT OF COMMERCE
[C-549-501]


Certain Circular Welded Carbon Steel Pipes and Tubes From 
Thailand; Preliminary Results of Countervailing Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Preliminary Results of Countervailing Duty 
Administrative Review.

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SUMMARY: The countervailing duty order on certain circular welded 
carbon steel pipes and tubes from Thailand was revoked effective 
January 1, 1995, pursuant to section 753 of the Tariff Act of 1930, as 
amended by the Uruguay Round Agreements Act (the Act) (60 FR 40568). 
The Department of Commerce (the Department) is conducting an 
administrative review of this order to determine the appropriate 
assessment rate for entries made during the last review period prior to 
the revocation of the order (January 1, 1994, through December 31, 
1994). We preliminarily determine the net subsidy to be de minimis or 
zero for all companies for the period January 1, 1994 through December 
31, 1994 (see ``Preliminary Results of Review'' section). If the final 
results of this review remain the same as these preliminary results, 
the Department intends to instruct the U.S. Customs Service to 
liquidate, without regard to countervailing duties, shipments of the 
subject merchandise from all companies exported on or after January 1, 
1994 and entered on or before December 31, 1994. Because this order has 
been revoked, the Department will not issue further instructions with 
respect to cash deposits of estimated countervailing duties.

EFFECTIVE DATE: May 20, 1996.


[[Page 25206]]


FOR FURTHER INFORMATION CONTACT: Cameron Cardozo or Kelly Parkhill, 
Office of Countervailing Compliance, Import Administration, 
International Trade Administration, U.S. Department of Commerce, Room 
B099, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; 
telephone (202) 482-1503 or 482-4126, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 14, 1985, the Department published in the Federal 
Register (50 FR 32751) the countervailing duty order on certain 
circular welded carbon steel pipes and tubes from Thailand. On August 
1, 1995, the Department published a notice of ``Opportunity to Request 
an Administrative Review'' (60 FR 39151) of this countervailing duty 
order. We received a timely request for review from Saha Thai Steel 
Pipe Co., Ltd. (Saha Thai). In accordance with section 355.22 of the 
Department's Interim Regulations, this review covers only those 
producers or exporters of the subject merchandise for which a review 
was specifically requested (see Antidumping and Countervailing Duties: 
Interim Regulations; Request for Comments, 60 FR 25130 (May 11, 1995) 
(Interim Regulations). A review was requested for Saha Thai. However, 
Saha Thai is affiliated with SAF Pipe Export Co., Ltd. (SAF), an export 
trading company that began operations in 1993. All pipe exported by SAF 
is produced by Saha Thai. Because these two companies are affiliated, 
we are treating them as one corporate entity for purposes of our 
calculations. Therefore, this review covers the following companies: 
Saha Thai/SAF.
    On November 22, 1995, we extended the period for completion of the 
preliminary and final results pursuant to section 751(a)(3) of the 
Tariff Act of 1930, as amended. See Extension of the Time Limit for 
Certain Countervailing Duty Administrative Reviews, 60 FR 55699. As 
explained in the memoranda from the Assistant Secretary for Import 
Administration dated November 22, 1995, and January 11, 1996, all 
deadlines were further extended to take into account the partial 
shutdowns of the Federal Government from November 15 through November 
21, 1995, and December 15, 1995, through January 6, 1996. Therefore, 
the deadline for these preliminary results is no later than May 30, 
1996, and the deadline for the final results of this review is no later 
than 180 days from the publication of these preliminary results.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions of the Act in effect as of January 1, 
1995. The Department is conducting this administrative review in 
accordance with section 751(a) of the Act. References to the 
Countervailing Duties; Notice of Proposed Rulemaking and Request for 
Public Comments, 54 FR 23366 (May 31, 1989) (Proposed Regulations), are 
provided solely for further explanation of the Department's 
countervailing duty practice. Although the Department has withdrawn the 
particular rulemaking proceeding pursuant to which the Proposed 
Regulations were issued, the subject matter of these regulations is 
being considered in connection with an ongoing rulemaking proceeding 
which, among other things, is intended to conform the Department's 
regulations to the Uruguay Round Agreements Act (URAA). See 60 FR 80 
(January 3, 1995).

Scope of Review

    On March 29, 1994, the Department clarified the Harmonized Tariff 
Schedule (HTS) numbers that were applicable to the subject merchandise 
(see Memorandum to Susan Esserman from Susan Kuhbach, available in the 
Central Records Unit, Room B099, Main Commerce Building). This 
clarification was necessary because of annual changes in the HTS. The 
scope now reads:
    Imports covered in this review are shipments of circular welded 
carbon steel pipes and tubes (pipes and tubes) with an outside diameter 
of 0.375 inch or more but not over 16 inches, of any wall thickness. 
These products, commonly referred to in the industry as standard pipe 
or structural tubing, are produced to various ASTM specifications, most 
notably A-120, A-53 and A-135. During the review period, this 
merchandise was classified under item numbers 7306.30.10 and 7306.30.50 
of the HTS. The HTS numbers are provided for convenience and Customs 
purposes. The written description remains dispositive.

Analysis of Programs

I. Programs Preliminarily Determined To Be Not Used

    We examined the following programs and preliminarily determine 
based on the questionnaire responses filed by the government of 
Thailand and Saha Thai/SAF that Saha Thai/SAF did not apply for or 
receive benefits under these programs during the review period.

    A. Export Packing Credit
    B. Tax Certificates for Exporters
    C. Electricity Discounts for Exporters
    D. Tax and Duty Exemptions Under Section 28 of the Investment 
Promotion Act
    E. Repurchase of Industrial Bills
    F. Export Processing Zones
    G. International Trade Promotion Fund/Export Promotion Fund
    H. Reduced Business Taxes for Producers of Intermediate Goods for 
Export Industries
    I. Additional Incentives under the IPA.

Preliminary Results of Review

    For the period of January 1, 1994, through December 31, 1994, we 
preliminarily determine the net subsidy to be zero for Saha Thai/SAF. 
In accordance with the Act, any rate less than 0.5 percent ad valorem 
in an administrative review is de minimis.
    The URAA replaced the general rule in favor of a country-wide rate 
with a general rule in favor of individual rates for investigated and 
reviewed companies. The procedures for countervailing duty cases are 
now essentially the same as those in antidumping cases, except as 
provided for in section 777(e)(2)(B) of the Act. Requests for 
administrative reviews must now specify the companies to be reviewed. 
See 19 CFR Sec. 355.22(a). The requested review will normally cover 
only those companies specifically named. Pursuant to 19 CFR 
Sec. 355.22(g), for all companies for which a review was not requested, 
duties must be assessed at the cash deposit rate previously ordered. 
Accordingly, for the period January 1 through December 31, 1994, the 
assessment rates applicable to all non-reviewed companies covered by 
this order are the cash deposit rates in effect at the time of entry.
    If the final results of this review remain the same as these 
preliminary results, the Department intends to instruct the Customs to 
liquidate, without regard to countervailing duties, all shipments of 
the subject merchandise from Saha Thai/SAF exported on or after January 
1, 1994, and entered on or before December 31, 1994.
    This countervailing duty order was subject to section 753 of the 
Act. See, Countervailing Duty Order; Opportunity to Request a Section 
753 Injury Investigation, 60 FR 27,963 (May 26, 1995). Because no 
domestic interested parties exercised their right under section 753(a) 
of the Act to request an injury investigation, the International Trade 
Commission made a negative injury determination with respect to this 
order, pursuant to section 753(b)(4) of the Act. As a result, the 
Department

[[Page 25207]]

revoked this countervailing duty order, effective January 1, 1995, 
pursuant to section 753(b)(3)(B) of the Act. Revocation of 
Countervailing Duty Orders, 60 FR 40,568 (August 9, 1995). Accordingly, 
the Department will not issue further instructions with respect to cash 
deposits of estimated countervailing duties.

Public Comment

    Interested parties may request a hearing not later than 10 days 
after the date of publication of this written notice. Interested 
parties may submit written arguments in case briefs on these 
preliminary results within 30 days of the date of publication. Rebuttal 
briefs, limited to arguments raised in case briefs, may be submitted 
seven days after the time limit for filing the case brief. Parties who 
submit argument in this proceeding are requested to submit with the 
argument (1) a statement of the issue and (2) a brief summary of the 
argument. Any hearing, if requested, will be held seven days after the 
scheduled date for submission of rebuttal briefs. Copies of case briefs 
and rebuttal briefs must be served on interested parties in accordance 
with 19 CFR Sec. 355.38(e).
    Representatives of parties to the proceeding may request disclosure 
of proprietary information under administrative protective order no 
later than 10 days after the representative's client or employer 
becomes a party to the proceeding, but in no event later than the date 
the case briefs, under 19 CFR Sec. 355.38(c), are due. The Department 
will publish the final results of this administrative review including 
the results of its analysis of issues raised in any case or rebuttal 
brief or at a hearing.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)).

    Dated: May 13, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-12516 Filed 5-17-96; 8:45 am]
BILLING CODE 3510-DS-P