Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Mexico: Notice of Intent To Rescind Administrative Review, 23988-23990 [E5-2221]

Download as PDF 23988 Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices Dated: April 29, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–2214 Filed 5–5–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–201–827 Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Mexico: Notice of Intent To Rescind Administrative Review Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Intent To Rescind Administrative Review. AGENCY: SUMMARY: On September 22, 2004, we published the notice of initiation of this antidumping duty review with respect to Tubos de Acero de Mexico, S.A. (‘‘TAMSA’’). See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Requests for Revocation in Part, 69 FR 56745 (September 22, 2004). We have preliminarily determined that the review of TAMSA should be rescinded. EFFECTIVE DATE: May 6, 2005. FOR FURTHER INFORMATION CONTACT: James Terpstra or George McMahon, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3965 or (202) 482– 1167, respectively. SUPPLEMENTARY INFORMATION: Background On August 3, 2004, the Department of Commerce (‘‘the Department’’) published in the Federal Register the notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on certain large diameter carbon and alloy seamless standard, line, and pressure pipe (‘‘SLP’’) from Mexico, for the period August 1, 2003, through July 31, 2004 (69 FR 46496). On August 31, 2004, we received a request from the petitioner1 to review TAMSA. On September 22, 2004, we published the notice of initiation of this antidumping duty administrative review with respect to TAMSA. See Initiation of Antidumping 1 The petitioner is United States Steel Corporation. VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 and Countervailing Duty Administrative Reviews, Requests for Revocation in Part, 69 FR 56745 (September 22, 2004). On November 23, 2004, TAMSA submitted a letter certifying that neither TAMSA, nor its U.S. affiliate, Tenaris Global Services USA (‘‘Tenaris’’), directly or indirectly, exported or sold for consumption in the United States any subject merchandise during the period of review (‘‘POR’’). Scope of the Order The products covered are large diameter seamless carbon and alloy (other than stainless) steel standard, line, and pressure pipes produced, or equivalent, to the American Society for Testing and Materials (‘‘ASTM’’) A–53, ASTM A–106, ASTM A–333, ASTM A– 334, ASTM A–589, ASTM A–795, and the American Petroleum Institute (‘‘API’’) 5L specifications and meeting the physical parameters described below, regardless of application, with the exception of the exclusions discussed below. The scope of this order also includes all other products used in standard, line, or pressure pipe applications and meeting the physical parameters described below, regardless of specification, with the exception of the exclusions discussed below. Specifically included within the scope of this order are seamless pipes greater than 4.5 inches (114.3 mm) up to and including 16 inches (406.4 mm) in outside diameter, regardless of wall– thickness, manufacturing process (hot finished or cold–drawn), end finish (plain end, beveled end, upset end, threaded, or threaded and coupled), or surface finish. The seamless pipes subject to this order are currently classifiable under subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60, 7304.10.50.50, 7304.31.60.50, 7304.39.00.36 7304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.60, 7304.59.60.00, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, and 7304.59.80.70 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Specifications, Characteristics, and Uses: Large diameter seamless pipe is used primarily for line applications such as oil, gas, or water pipeline, or utility distribution systems. Seamless pressure pipes are intended for the conveyance of water, steam, petrochemicals, chemicals, oil products, natural gas and other liquids and gasses PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 in industrial piping systems. They may carry these substances at elevated pressures and temperatures and may be subject to the application of external heat. Seamless carbon steel pressure pipe meeting the ASTM A–106 standard may be used in temperatures of up to 1000 degrees Fahrenheit, at various American Society of Mechanical Engineers (‘‘ASME’’) code stress levels. Alloy pipes made to ASTM A–335 standard must be used if temperatures and stress levels exceed those allowed for ASTM A–106. Seamless pressure pipes sold in the United States are commonly produced to the ASTM A– 106 standard. Seamless standard pipes are most commonly produced to the ASTM A–53 specification and generally are not intended for high temperature service. They are intended for the low temperature and pressure conveyance of water, steam, natural gas, air and other liquids and gasses in plumbing and heating systems, air conditioning units, automatic sprinkler systems, and other related uses. Standard pipes (depending on type and code) may carry liquids at elevated temperatures but must not exceed relevant ASME code requirements. If exceptionally low temperature uses or conditions are anticipated, standard pipe may be manufactured to ASTM A–333 or ASTM A–334 specifications. Seamless line pipes are intended for the conveyance of oil and natural gas or other fluids in pipe lines. Seamless line pipes are produced to the API 5L specification. Seamless water well pipe (ASTM A– 589) and seamless galvanized pipe for fire protection uses (ASTM A–795) are used for the conveyance of water. Seamless pipes are commonly produced and certified to meet ASTM A–106, ASTM A–53, API 5L–B, and API 5L–X42 specifications. To avoid maintaining separate production runs and separate inventories, manufacturers typically triple or quadruple certify the pipes by meeting the metallurgical requirements and performing the required tests pursuant to the respective specifications. Since distributors sell the vast majority of this product, they can thereby maintain a single inventory to service all customers. The primary application of ASTM A– 106 pressure pipes and triple or quadruple certified pipes in large diameters is for use as oil and gas distribution lines for commercial applications. A more minor application for large diameter seamless pipes is for use in pressure piping systems by refineries, petrochemical plants, and chemical plants, as well as in power E:\FR\FM\06MYN1.SGM 06MYN1 Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices generation plants and in some oil field uses (on shore and off shore) such as for separator lines, gathering lines and metering runs. These applications constitute the majority of the market for the subject seamless pipes. However, ASTM A–106 pipes may be used in some boiler applications. The scope of this order includes all seamless pipe meeting the physical parameters described above and produced to one of the specifications listed above, regardless of application, with the exception of the exclusions discussed below, whether or not also certified to a non-covered specification. Standard, line, and pressure applications and the above-listed specifications are defining characteristics of the scope of this investigation. Therefore, seamless pipes meeting the physical description above, but not produced to the ASTM A–53, ASTM A–106, ASTM A–333, ASTM A– 334, ASTM A–589, ASTM A–795, and API 5L specifications shall be covered if used in a standard, line, or pressure application, with the exception of the specific exclusions discussed below. For example, there are certain other ASTM specifications of pipe which, because of overlapping characteristics, could potentially be used in ASTM A– 106 applications. These specifications generally include ASTM A–161, ASTM A–192, ASTM A–210, ASTM A–252, ASTM A–501, ASTM A–523, ASTM A– 524, and ASTM A–618. When such pipes are used in a standard, line, or pressure pipe application, such products are covered by the scope of this review. Specifically excluded from the scope of this order are: A. Boiler tubing and mechanical tubing, if such products are not produced to ASTM A–53, ASTM A–106, ASTM A–333, ASTM A– 334, ASTM A–589, ASTM A–795, and API 5L specifications and are not used in standard, line, or pressure pipe applications. B. Finished and unfinished oil country tubular goods (‘‘OCTG’’), if covered by the scope of another antidumping duty order from the same country. If not covered by such an OCTG order, finished and unfinished OCTG are included in this scope when used in standard, line or pressure applications. C. Products produced to the A–335 specification unless they are used in an application that would normally utilize ASTM A–53, ASTM A–106, ASTM A–333, ASTM A–334, ASTM A–589, ASTM A– 795, and API 5L specifications. D. Line and riser pipe for deepwater VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 application, i.e., line and riser pipe that is (1) used in a deepwater application, which means for use in water depths of 1,500 feet or more; (2) intended for use in and is actually used for a specific deepwater project; (3) rated for a specified minimum yield strength of not less than 60,000 psi; and (4) not identified or certified through the use of a monogram, stencil, or otherwise marked with an API specification (e.g., ‘‘API 5L’’). With regard to the excluded products listed above, the Department will not instruct U.S. Customs and Border Protection to require end-use certification until such time as petitioner or other interested parties provide to the Department a reasonable basis to believe or suspect that the products are being utilized in a covered application. If such information is provided, the Department will require end–use certification only for the product(s) (or specification(s)) for which evidence is provided that such products are being used in a covered application as described above. For example, if, based on evidence provided by petitioner, the Department finds a reasonable basis to believe or suspect that seamless pipe produced to the A– 335 specification is being used in an A– 106 application, it will require end-use certifications for imports of that specification. Normally the Department will require only the importer of record to certify to the end–use of the imported merchandise. If it later proves necessary for adequate implementation, the Department may also require producers who export such products to the United States to provide such certification on invoices accompanying shipments to the United States. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive. Intent To Rescind Fourth Administrative Review TAMSA submitted a letter on November 23, 2004, certifying that neither TAMSA, nor its U.S. affiliate, Tenaris, directly or indirectly, exported or sold for consumption in the United States any subject merchandise during the POR. The petitioner did not comment on TAMSA’s no–shipment claim. We conducted an internal customs data query on December 9, 2004. The data query indicated TAMSA and its U.S. affiliate, Tenaris, had customs entries/shipments during the POR, some of which entered under the HTSUS PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 23989 numbers for subject merchandise. Subsequent to our analysis of the internal customs data, we requested an external customs data query. See Memorandum dated February 24, 2005, entitled ‘‘Request for U.S. Entry Documents—Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Mexico from Mexico, Customs Case Number A– 201–827.’’ We reviewed the customs entry documents which included bills of lading, entry summaries, entry/ immediate delivery forms, invoices, and mills certificates. Based on the product specifications and the information contained in the documents, which confirmed that AD/CVD duties were not assessed on the shipments, we were able to confirm that TAMSA had no entries, exports, or sales to the United States of subject mrchandise during the POR. Based on our analysis of the shipment data, we are treating TAMSA as a nonshipper for the purpose of this review. Therefore, in accordance with section 351.213(d)(3) of the Department’s regulations, and consistent with our practice, we preliminarily determine to rescind this review. See e.g., Stainless Steel Bar from India; Preliminary Results of Antidumping Duty Administrative Review and New Shipper Review, and Partial Rescission of Administrative Review, 65 FR 12209 (March 8, 2000); Persulfates From the People’s Republic of China; Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review, 65 FR 18963 (April 10, 2000). Public Comment An interested party may request a hearing within 30 days of publication of this preliminary notice. See 19 CFR 351.310(c). Any hearing, if requested, will be held 44 days after the date of publication, or the first working day thereafter. Interested parties may submit case briefs no later than 30 days after the date of publication of this preliminary notice. See 19 CFR 351.309. Rebuttal briefs, limited to issues raised in such briefs, may be filed no later than 37 days after the date of publication. Parties who submit arguments are requested to submit with the argument (1) a statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities. Further, parties submitting written comments should provide the Department with an additional copy of the public version of any such comments on diskette. The Department will issue the final notice, which will include the results of its analysis of issues raised in any such comments, or at a hearing, if requested, E:\FR\FM\06MYN1.SGM 06MYN1 23990 Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices within 120 days of publication of this preliminary notice. This notice is issued and published in accordance with section 751(a)(1) of the Act and 19 CFR 351.213(d). Dated: May 2, 2005. Barbara Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–2221 Filed 5–5–05; 8:45 am] BILLING CODE: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–504 Petroleum Wax Candles from the People’s Republic of China: Extension of Time Limit for Preliminary Results of the Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 6, 2005. FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–0413. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 22, 2004, the Department published its notice of initiation of an antidumping administrative review on petroleum wax candles from the People’s Republic of China (‘‘PRC’’). See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 69 FR 56745 (September 22, 2004). The Department subsequently received a timely withdrawal request from one of the exporters that requested a review: Shangyu City Garden Candle Factory (‘‘Garden Candle’’). On March 30, 2005, the Department published a notice of rescission, in part, of antidumping duty administrative review for Garden Candle. See Petroleum Wax Candles from the PRC: Rescission, in Part, of Antidumping Duty Administrative Review, 70 FR 16217 (March 30, 2005). The Department is not rescinding its review of Shanghai R&R Import/Export Co., Ltd. (‘‘Shanghai R&R’’), another exporter that requested review. The preliminary results of this administrative review are currently due no later than May 3, 2005. VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 Extension of Time Limit for Preliminary Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department shall issue preliminary results in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order for which a review is requested and the final results within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days, respectively. The Department finds that it is not practicable to complete the preliminary results in the administrative review of petroleum wax candles from the PRC within the originally anticipated time limit (i.e., by May 3, 2005), because we are currently analyzing factors of production information that has required numerous supplemental questionnaires. Therefore, the Department is extending the time limit for completion of the preliminary results no later than August 11, 2005, in accordance with Section 751(a)(3)(A) of the Act. The deadline for the final results of this administrative review continues to be 120 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with Section 751(a)(1) and 777(i)(1) of the Act. Dated: April 29, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–2215 Filed 5–5–05; 8:45 am] BILLING CODE: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–489–807) Certain Steel Concrete Reinforcing Bars from Turkey; Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review and Notice of Intent To Revoke in Part Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request by the petitioners and two producers/exporters of the subject merchandise, the Department of Commerce (the Department) is conducting an administrative review of the AGENCY: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 antidumping duty order on certain steel concrete reinforcing bars (rebar) from Turkey. This review covers four producers/exporters of the subject merchandise to the United States. This is the sixth period of review (POR), covering April 1, 2003, through March 31, 2004. We have preliminarily determined that one of the respondents, Habas Tibbi ve Sinai Gazlar Istihsal Endustrisi A.S. (Habas), has made sales below normal value (NV). If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. In addition, we have preliminarily determined to rescind the review with respect to the following companies because these companies had no shipments of subject merchandise during the POR: Cebitas Demir Celik Endustrisi A.S. (Cebitas), Cemtas Celik Makina Sanayi ve Ticaret A.S. (Cemtas), Demirsan Haddecilik Sanayi ve Ticaret A.S. (Demirsan), Ege Celik Endustrisi Sanayi ve Ticaret A.S. (Ege Celik), Ege Metal Demir Celik Sanayi ve Ticaret A.S. (Ege Metal), Ekinciler Holding A.S. and Ekinciler Demir Celik San A.S. (collectively ‘‘Ekinciler’’), Iskenderun Iron & Steel Works Co. (Iskenderun), Izmir Demir Celik Sanayi A.S. (Izmir), Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan), Kardemir--Karabuk Demir Celik Sanayi ve Ticaret A.S. (Karabuk), Kroman Celik Sanayi A.S. (Kroman), Kurum Demir Sanayi ve Ticaret Metalenerji A.S. (Kurum), Metas Izmir Metalurji Fabrikasi Turk A.S. (Metas), Nurmet Celik Sanayi ve Ticaret A.S. (Nurmet), Nursan Celik Sanayi ve Haddecilik A.S. (Nursan), Sivas Demir Celik Isletmeleri A.S. (Sivas), Tosyali Demir Celik Sanayi A.S. (Tosyali), and Ucel Haddecilik Sanayi ve Ticaret A.S. (Ucel). Finally, we have preliminarily determined to revoke the antidumping duty order with respect to ICDAS Celik Enerji Tersane ve Ulasim Sanayi, A.S. (ICDAS). We invite interested parties to comment on these preliminary results. Parties who wish to submit comments in this proceeding are requested to submit with each argument: (1) a statement of the issue; and (2) a brief summary of the argument. EFFECTIVE DATE: May 6, 2005. Irina Itkin or Alice Gibbons, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; FOR FURTHER INFORMATION CONTACT: E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 23988-23990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2221]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-201-827


Certain Large Diameter Carbon and Alloy Seamless Standard, Line 
and Pressure Pipe from Mexico: Notice of Intent To Rescind 
Administrative Review

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

ACTION: Notice of Intent To Rescind Administrative Review.

-----------------------------------------------------------------------

SUMMARY: On September 22, 2004, we published the notice of initiation 
of this antidumping duty review with respect to Tubos de Acero de 
Mexico, S.A. (``TAMSA''). See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, Requests for Revocation in 
Part, 69 FR 56745 (September 22, 2004). We have preliminarily 
determined that the review of TAMSA should be rescinded.

EFFECTIVE DATE: May 6, 2005.

FOR FURTHER INFORMATION CONTACT: James Terpstra or George McMahon, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3965 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 3, 2004, the Department of Commerce (``the Department'') 
published in the Federal Register the notice of ``Opportunity to 
Request Administrative Review'' of the antidumping duty order on 
certain large diameter carbon and alloy seamless standard, line, and 
pressure pipe (``SLP'') from Mexico, for the period August 1, 2003, 
through July 31, 2004 (69 FR 46496). On August 31, 2004, we received a 
request from the petitioner\1\ to review TAMSA. On September 22, 2004, 
we published the notice of initiation of this antidumping duty 
administrative review with respect to TAMSA. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, Requests 
for Revocation in Part, 69 FR 56745 (September 22, 2004). On November 
23, 2004, TAMSA submitted a letter certifying that neither TAMSA, nor 
its U.S. affiliate, Tenaris Global Services USA (``Tenaris''), directly 
or indirectly, exported or sold for consumption in the United States 
any subject merchandise during the period of review (``POR'').
---------------------------------------------------------------------------

    \1\ The petitioner is United States Steel Corporation.
---------------------------------------------------------------------------

Scope of the Order

    The products covered are large diameter seamless carbon and alloy 
(other than stainless) steel standard, line, and pressure pipes 
produced, or equivalent, to the American Society for Testing and 
Materials (``ASTM'') A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-
589, ASTM A-795, and the American Petroleum Institute (``API'') 5L 
specifications and meeting the physical parameters described below, 
regardless of application, with the exception of the exclusions 
discussed below. The scope of this order also includes all other 
products used in standard, line, or pressure pipe applications and 
meeting the physical parameters described below, regardless of 
specification, with the exception of the exclusions discussed below. 
Specifically included within the scope of this order are seamless pipes 
greater than 4.5 inches (114.3 mm) up to and including 16 inches (406.4 
mm) in outside diameter, regardless of wall-thickness, manufacturing 
process (hot finished or cold-drawn), end finish (plain end, beveled 
end, upset end, threaded, or threaded and coupled), or surface finish.
    The seamless pipes subject to this order are currently classifiable 
under subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60, 
7304.10.50.50, 7304.31.60.50, 7304.39.00.36 7304.39.00.40, 
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.60, 
7304.59.60.00, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 
7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 
7304.59.80.65, and 7304.59.80.70 of the Harmonized Tariff Schedule of 
the United States (``HTSUS'').
    Specifications, Characteristics, and Uses: Large diameter seamless 
pipe is used primarily for line applications such as oil, gas, or water 
pipeline, or utility distribution systems. Seamless pressure pipes are 
intended for the conveyance of water, steam, petrochemicals, chemicals, 
oil products, natural gas and other liquids and gasses in industrial 
piping systems. They may carry these substances at elevated pressures 
and temperatures and may be subject to the application of external 
heat. Seamless carbon steel pressure pipe meeting the ASTM A-106 
standard may be used in temperatures of up to 1000 degrees Fahrenheit, 
at various American Society of Mechanical Engineers (``ASME'') code 
stress levels. Alloy pipes made to ASTM A-335 standard must be used if 
temperatures and stress levels exceed those allowed for ASTM A-106. 
Seamless pressure pipes sold in the United States are commonly produced 
to the ASTM A-106 standard.
    Seamless standard pipes are most commonly produced to the ASTM A-53 
specification and generally are not intended for high temperature 
service. They are intended for the low temperature and pressure 
conveyance of water, steam, natural gas, air and other liquids and 
gasses in plumbing and heating systems, air conditioning units, 
automatic sprinkler systems, and other related uses. Standard pipes 
(depending on type and code) may carry liquids at elevated temperatures 
but must not exceed relevant ASME code requirements. If exceptionally 
low temperature uses or conditions are anticipated, standard pipe may 
be manufactured to ASTM A-333 or ASTM A-334 specifications.
    Seamless line pipes are intended for the conveyance of oil and 
natural gas or other fluids in pipe lines. Seamless line pipes are 
produced to the API 5L specification.
    Seamless water well pipe (ASTM A-589) and seamless galvanized pipe 
for fire protection uses (ASTM A-795) are used for the conveyance of 
water.
    Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53, API 5L-B, and API 5L-X42 specifications. To avoid 
maintaining separate production runs and separate inventories, 
manufacturers typically triple or quadruple certify the pipes by 
meeting the metallurgical requirements and performing the required 
tests pursuant to the respective specifications. Since distributors 
sell the vast majority of this product, they can thereby maintain a 
single inventory to service all customers.
    The primary application of ASTM A-106 pressure pipes and triple or 
quadruple certified pipes in large diameters is for use as oil and gas 
distribution lines for commercial applications. A more minor 
application for large diameter seamless pipes is for use in pressure 
piping systems by refineries, petrochemical plants, and chemical 
plants, as well as in power

[[Page 23989]]

generation plants and in some oil field uses (on shore and off shore) 
such as for separator lines, gathering lines and metering runs. These 
applications constitute the majority of the market for the subject 
seamless pipes. However, ASTM A-106 pipes may be used in some boiler 
applications.
    The scope of this order includes all seamless pipe meeting the 
physical parameters described above and produced to one of the 
specifications listed above, regardless of application, with the 
exception of the exclusions discussed below, whether or not also 
certified to a non-covered specification. Standard, line, and pressure 
applications and the above-listed specifications are defining 
characteristics of the scope of this investigation. Therefore, seamless 
pipes meeting the physical description above, but not produced to the 
ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-589, ASTM A-795, 
and API 5L specifications shall be covered if used in a standard, line, 
or pressure application, with the exception of the specific exclusions 
discussed below.
    For example, there are certain other ASTM specifications of pipe 
which, because of overlapping characteristics, could potentially be 
used in ASTM A-106 applications. These specifications generally include 
ASTM A-161, ASTM A-192, ASTM A-210, ASTM A-252, ASTM A-501, ASTM A-523, 
ASTM A-524, and ASTM A-618. When such pipes are used in a standard, 
line, or pressure pipe application, such products are covered by the 
scope of this review.
    Specifically excluded from the scope of this order are:
    A. Boiler tubing and mechanical tubing, if such products are not 
produced to ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-589, 
ASTM A-795, and API 5L specifications and are not used in standard, 
line, or pressure pipe applications.
    B. Finished and unfinished oil country tubular goods (``OCTG''), if 
covered by the scope of another antidumping duty order from the same 
country. If not covered by such an OCTG order, finished and unfinished 
OCTG are included in this scope when used in standard, line or pressure 
applications.
    C. Products produced to the A-335 specification unless they are 
used in an application that would normally utilize ASTM A-53, ASTM A-
106, ASTM A-333, ASTM A-334, ASTM A-589, ASTM A-795, and API 5L 
specifications.
    D. Line and riser pipe for deepwater application, i.e., line and 
riser pipe that is (1) used in a deepwater application, which means for 
use in water depths of 1,500 feet or more; (2) intended for use in and 
is actually used for a specific deepwater project; (3) rated for a 
specified minimum yield strength of not less than 60,000 psi; and (4) 
not identified or certified through the use of a monogram, stencil, or 
otherwise marked with an API specification (e.g., ``API 5L'').
    With regard to the excluded products listed above, the Department 
will not instruct U.S. Customs and Border Protection to require end-use 
certification until such time as petitioner or other interested parties 
provide to the Department a reasonable basis to believe or suspect that 
the products are being utilized in a covered application. If such 
information is provided, the Department will require end-use 
certification only for the product(s) (or specification(s)) for which 
evidence is provided that such products are being used in a covered 
application as described above. For example, if, based on evidence 
provided by petitioner, the Department finds a reasonable basis to 
believe or suspect that seamless pipe produced to the A-335 
specification is being used in an A-106 application, it will require 
end-use certifications for imports of that specification. Normally the 
Department will require only the importer of record to certify to the 
end-use of the imported merchandise. If it later proves necessary for 
adequate implementation, the Department may also require producers who 
export such products to the United States to provide such certification 
on invoices accompanying shipments to the United States.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise subject to 
this scope is dispositive.

Intent To Rescind Fourth Administrative Review

    TAMSA submitted a letter on November 23, 2004, certifying that 
neither TAMSA, nor its U.S. affiliate, Tenaris, directly or indirectly, 
exported or sold for consumption in the United States any subject 
merchandise during the POR. The petitioner did not comment on TAMSA's 
no-shipment claim.
    We conducted an internal customs data query on December 9, 2004. 
The data query indicated TAMSA and its U.S. affiliate, Tenaris, had 
customs entries/shipments during the POR, some of which entered under 
the HTSUS numbers for subject merchandise. Subsequent to our analysis 
of the internal customs data, we requested an external customs data 
query. See Memorandum dated February 24, 2005, entitled ``Request for 
U.S. Entry Documents--Certain Large Diameter Carbon and Alloy Seamless 
Standard, Line and Pressure Pipe from Mexico from Mexico, Customs Case 
Number A-201-827.'' We reviewed the customs entry documents which 
included bills of lading, entry summaries, entry/immediate delivery 
forms, invoices, and mills certificates. Based on the product 
specifications and the information contained in the documents, which 
confirmed that AD/CVD duties were not assessed on the shipments, we 
were able to confirm that TAMSA had no entries, exports, or sales to 
the United States of subject mrchandise during the POR.
    Based on our analysis of the shipment data, we are treating TAMSA 
as a non-shipper for the purpose of this review. Therefore, in 
accordance with section 351.213(d)(3) of the Department's regulations, 
and consistent with our practice, we preliminarily determine to rescind 
this review. See e.g., Stainless Steel Bar from India; Preliminary 
Results of Antidumping Duty Administrative Review and New Shipper 
Review, and Partial Rescission of Administrative Review, 65 FR 12209 
(March 8, 2000); Persulfates From the People's Republic of China; 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Administrative Review, 65 FR 18963 (April 10, 
2000).

Public Comment

    An interested party may request a hearing within 30 days of 
publication of this preliminary notice. See 19 CFR 351.310(c). Any 
hearing, if requested, will be held 44 days after the date of 
publication, or the first working day thereafter. Interested parties 
may submit case briefs no later than 30 days after the date of 
publication of this preliminary notice. See 19 CFR 351.309. Rebuttal 
briefs, limited to issues raised in such briefs, may be filed no later 
than 37 days after the date of publication. Parties who submit 
arguments are requested to submit with the argument (1) a statement of 
the issue, (2) a brief summary of the argument, and (3) a table of 
authorities. Further, parties submitting written comments should 
provide the Department with an additional copy of the public version of 
any such comments on diskette. The Department will issue the final 
notice, which will include the results of its analysis of issues raised 
in any such comments, or at a hearing, if requested,

[[Page 23990]]

within 120 days of publication of this preliminary notice.
    This notice is issued and published in accordance with section 
751(a)(1) of the Act and 19 CFR 351.213(d).

    Dated: May 2, 2005.
Barbara Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-2221 Filed 5-5-05; 8:45 am]
BILLING CODE: 3510-DS-S