[Federal Register: October 24, 2003 (Volume 68, Number 206)]
[Page 61013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Investigation No. TA-421-4]

Certain Ductile Iron Waterworks Fittings From China


    On the basis of information developed in the critical circumstances 
phase of the subject investigation, the United States International 
Trade Commission determines, pursuant to section 421(i) of the Trade 
Act of 1974,\1\ that critical circumstances do not exist with respect 
to imports of certain ductile iron waterworks fittings from China. 
Specifically, the Commission makes a negative determination under 
section 421(i)(1)(A) with respect to whether delay in taking action 
under this section would cause damage to the relevant domestic industry 
which would be difficult to repair.\2\

    \1\ 19 U.S.C. 2451(i).
    \2\ Commissioner Lane makes an affirmative determination under 
section 421(i)(1)(A), and therefore dissents. Commissioner Pearson 
did not participate in this determination.


    Following receipt of a petition filed on September 5, 2003, on 
behalf of McWane, Inc.,\3\ Birmingham, AL, the Commission instituted 
investigation No. TA-421-4, Certain Ductile Iron Waterworks Fittings 
from China, under section 421(b) of the Act to determine whether 
certain ductile iron waterworks fittings \4\ from China are being 
imported into the United States in such increased quantities or under 
such conditions as to cause or threaten to cause market disruption to 
the domestic producers of like or directly competitive products. The 
petition also alleged under section 421(i) of the Act that critical 
circumstances exist with respect to the subject products and requested 
that provisional relief be provided.
    Notice of the institution of the Commission's investigation and of 
the scheduling of a staff conference during the critical circumstances 
phase and a subsequent public hearing to be held in the investigation 
was given by posting copies of the notice in the Office of the 
Secretary, U.S. International Trade Commission, Washington, DC, and by 
publishing the notice in the Federal Register of September 15, 2003 (68 
F.R. 54010). The staff conference in connection with the critical 
circumstances phase of the investigation was held on September 26, 2003 
in Washington, DC; all persons who requested the opportunity were 
permitted to appear in person or by counsel.
    The Commission transmitted its determination in the critical 
circumstances phase of this investigation to the President on October 
20, 2003. The views of the Commission are contained in USITC 
Publication 3642 (October 2003), entitled Certain Ductile Iron 
Waterworks Fittings from China: Investigation No. TA-421-4 (Critical 
Circumstances Phase).

    \3\ McWane operates three subsidiaries that produce the subject 
products including: Clow Water Systems Co., Coshocton, OH; Tyler 
Pipe Co., Tyler, TX; and Union Foundry Co., Anniston, AL.
    \4\ The products subject to this investigation are cast pipe or 
tube fittings of ductile iron (containing 2.5 percent carbon and 
over 0.02 percent magnesium or magnesium and cerium, by weight) with 
mechanical, push-on (rubber compression) or flanged joints attached. 
Included within this definition are fittings of all nominal 
diameters and of both full-bodied and compact designs. The imported 
products are provided for in statistical reporting number 
7307.19.3070 of the Harmonized Tariff Schedule of the United States 

    Issued: October 20, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-26813 Filed 10-23-03; 8:45 am]