[Federal Register: December 12, 2003 (Volume 68, Number 239)]
[Notices]               
[Page 69421-69422]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de03-83]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-421-4]

 
Certain Ductile Iron Waterworks Fittings From China

Determination

    On the basis of information developed in the subject investigation, 
the United States International Trade Commission determines, pursuant 
to section 421(b)(1) of the Trade Act of 1974,\1\ that certain ductile 
iron waterworks fittings \2\ from the People's Republic of China are 
being imported into the United States in such increased quantities or 
under such conditions as to cause market disruption to the domestic 
producers of like or directly competitive products.\3\
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    \1\ 19 U.S.C. 2451(b)(1).
    \2\ 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 
(HTS).
    \3\ Commissioners Koplan and Lane determine that certain ductile 
iron waterworks fittings from China are being imported into the 
United States in such increased quantities as to cause market 
disruption to the domestic producers of like products.
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Background

    Following receipt of a petition, on September 5, 2003, on behalf of 
McWane, Inc.,\4\ 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

[[Page 69422]]

whether certain ductile iron waterworks fittings from China are being 
imported into the United States in such increased quantities or under 
such conditions as to cause market disruption to the domestic producers 
of like or directly competitive products. The petition also alleged 
under section 421(i)(1)(A) of the Act, that critical circumstances 
exist with respect to imports of the subject product from China, and on 
October 20, 2003, the Commission made a negative determination \5\ \6\ 
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 (68 FR 61013, October 24, 2003).
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    \4\ 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.
    \5\ Commissioner Lane made an affirmative critical circumstances 
determination.
    \6\ Commissioner Pearson did not participate in the critical 
circumstances determination.
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    Notice of the institution of the Commission's investigation and of 
the scheduling of a public hearing to be held in connection therewith 
was given by posting a copy of the notice on the Commission's Web site 
(http://www.usitc.gov) and by publishing the notice in the Federal 
Register of September 15, 2003 (68 FR 54010). The hearing was held on 
November 6, 2003, in Washington, DC; all persons who requested the 
opportunity were permitted to appear in person or by counsel.

    By order of the Commission.

    Issued: December 8, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-30731 Filed 12-11-03; 8:45 am]
BILLING CODE 7020-02-P