Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Japan and Mexico; Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 53159-53161 [E5-4847]
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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
entries by applying the assessment rate
to the entered value of the merchandise.
For assessment purposes, we calculated
importer–specific assessment rates for
the subject merchandise by aggregating
the dumping margins for all U.S. sales
to each importer and dividing the
amount by the total entered value of the
sales to that importer. In instances
where entered value was not reported,
we calculated importer–specific
assessment rates by aggregating the
dumping margins calculated for all of
the U.S. sales examined and dividing
this amount by the total quantity of the
sales examined. To determine whether
the duty assessment rates were
de minimis, in accordance with the
requirement set forth in 19 CFR 351.106
(c)(2), we calculated importer–specific
ad valorem ratios based on export
prices. The Department will issue
appropriate assessment instructions
directly to CBP within 15 days of
publication of the final results of
review.
Cash Deposit Requirements
To calculate the cash deposit rate for
each producer and/or exporter included
in this administrative review, we
divided the total dumping margins for
each company by the total net value for
that company’s sales during the review
period.
The following deposit rates will be
effective upon publication of the final
results of this administrative review for
all shipments of CORE for Korea
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rates for the companies listed
above will be the rates established in the
final results of these reviews, except if
the rate is less than 0.5 percent and,
therefore, de minimis, the cash deposit
will be zero; (2) for previously reviewed
or investigated companies not listed
above, the cash deposit rate will
continue to be the company–specific
rate published for the most recent final
results in which that manufacturer or
exporter participated; (3) if the exporter
is not a firm covered in these reviews,
a prior review, or the original less than
fair value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent final results for the manufacturer
of the merchandise; and (4) if neither
the exporter nor the manufacturer is a
firm covered in these or any previous
review conducted by the Department,
the cash deposit rate will be 17.70
percent, the ‘‘All Others’’ rate
established in the underlying
investigation. See Orders on Certain
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Steel from Korea. These cash deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
This administrative review is issued
and published in accordance with
sections 751(a)(1) and 777(I)(1) of the
Act.
Dated: August 31, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–4867 Filed 9–6–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–588–850, A–201–827)
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line and
Pressure Pipe from Japan and Mexico;
Final Results of the Expedited Sunset
Reviews of the Antidumping Duty
Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 2, 2005, the
Department of Commerce (the
Department) initiated sunset reviews of
the antidumping duty orders on certain
large diameter carbon and alloy
seamless standard, line and pressure
pipe (Large Diameter SSLPP) from Japan
and Mexico pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(the Act). On the basis of a notice of
intent to participate and an adequate
substantive response filed on behalf of
domestic interested parties and no
response from respondent interested
parties, the Department conducted
expedited (120-day) sunset reviews for
these orders. As a result of these sunset
reviews, the Department finds that
revocation of the antidumping duty
orders would be likely to lead to
continuation or recurrence of dumping.
The dumping margins are identified in
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53159
the Final Results of Reviews section of
this notice.
EFFECTIVE DATE: September 7, 2005.
FOR FURTHER INFORMATION Saliha Loucif
or David Goldberger, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–1779 and (202) 482–4136,
respectively.
SUPPLEMENTARY INFORMATION:
Background:
On May 2, 2005, the Department
published the notice of initiation of the
sunset reviews of the antidumping duty
orders on Large Diameter SSLPP from
Japan and Mexico, pursuant to section
751(c) of the Act. See Initiation of Fiveyear (Sunset) Reviews, 70 FR 22632
(May 2, 2005). See also Procedures for
Conducting Five-year (Sunset) Reviews
of Antidumping and Countervailing
Duty Orders, 63 FR 13516, 13522
(March 20, 1998). On May 17, 2005, the
Department received the Notice of
Intent to Participate from United States
Steel Corporation (U.S. Steel) (the
domestic interested party), within the
deadline specified in section
351.218(d)(1)(i) of the Department’s
Regulations. The domestic interested
party claimed interested party status
under section 771(9)(c) of the Act, as a
manufacturer, producer, or wholesaler
of the subject merchandise in the United
States.
On June 1, 2005, we received
complete substantive responses from the
domestic interested party within the 30day deadline specified in section
351.218(d)(3)(i) of the Department’s
Regulations. On the same day, Tubos de
Aceros de Mexico, S.A. (TAMSA), the
sole respondent in the investigation of
Large Diameter SSLPP from Mexico, and
the only known producer of subject
merchandise in Mexico, submitted a
waiver of participation.1 In the sunset
reviews of Large Diameter SSLPP from
Mexico and Japan, the Department has
not received any notice of intent to
participate nor substantive response
from any respondent interested party.
As a result, pursuant to section
751(c)(3)(B) of the Act and section
351.218(e)(1)(ii)(c)(2) of the
Department’s Regulations, the
1 During the course of its investigation, the
Department determined that Tubos de Aceros de
Mexico, S.A. (TAMSA) was the sole producer of
Large Diameter SSLPP in Mexico. See Notice of
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination: Certain Large Diameter Carbon and
Alloy Seamless Standard, Line and Pressure Pipe
From Mexico, 65 FR 5587 (February 4, 2000).
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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
Department conducted expedited (120day) sunset reviews of these orders.
Scope of the Orders
The products covered by this order
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) A53, ASTM A106,
ASTM A333, ASTM A334, ASTM A589,
ASTM A795, 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
the 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 A106 standard
may be used in temperatures of up to
1000 degrees Fahrenheit, at various
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American Society of Mechanical
Engineers (ASME) code stress levels.
Alloy pipes made to ASTM A335
standard must be used if temperatures
and stress levels exceed those allowed
for ASTM A106. Seamless pressure
pipes sold in the United States are
commonly produced to the ASTM A106
standard.
Seamless standard pipes are most
commonly produced to the ASTM A53
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 A333 or ASTM
A334 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 A589) and seamless galvanized
pipe for fire protection uses (ASTM
A795) are used for the conveyance of
water. Seamless pipes are commonly
produced and certified to meet ASTM
A106, ASTM A53, 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 A106 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 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 A106 pipes may
be used in some boiler applications.
The scope of this order includes all
seamless pipe meeting the physical
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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 order.
Therefore, seamless pipes meeting the
physical description above, but not
produced to the ASTM A53, ASTM
A106, ASTM A333, ASTM A334, ASTM
A589, ASTM A795, 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
A106 applications. These specifications
generally include ASTM A161, ASTM
A192, ASTM A210, ASTM A252, ASTM
A501, ASTM A523, ASTM A524, and
ASTM A618. When such pipes are used
in a standard, line, or pressure pipe
application, such products are covered
by the scope of this order.
Specifically excluded from the scope
of this order are:
A. Boiler tubing and mechanical
tubing, if such products are not
produced to ASTM A53, ASTM A106,
ASTM A333, ASTM A334, ASTM A589,
ASTM A795, 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 A335
specification unless they are used in an
application that would normally utilize
ASTM A53, ASTM A106, ASTM A333,
ASTM A334, ASTM A589, ASTM A795,
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
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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
will not instruct U.S. Customs and
Border Protection (CBP) 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 the
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 order is dispositive.
Analysis of Comments Received
All issues raised in these reviews are
addressed in the Issues and Decision
Memorandum for the Expedited Sunset
Reviews of the Antidumping Duty
Orders on Certain Large Diameter
Carbon and Alloy Seamless Standard,
Line and Pressure Pipe from Japan and
Mexico; Final Results (Decision Memo)
from Barbara E. Tillman, Acting Deputy
Assistant Secretary for Import
Administration, to Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration, dated August 30, 2005,
which is hereby adopted by this notice.
The issues discussed in the Decision
Memo include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margins likely
to prevail if the orders were to be
revoked. Parties can find a complete
discussion of all issues raised in these
reviews and the corresponding
recommendations in this public
memorandum which is on file in room
B–099 of the main Commerce building.
In addition, a complete version of the
Decision Memo can be accessed directly
on the Web at https://ia.ita.doc.gov/frn,
under the heading ‘‘September 2005.’’
The paper copy and electronic version
of the Decision Memo are identical in
content.
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Final Results of Reviews
We determine that revocation of the
antidumping duty orders on Large
Diameter SSLPP from Japan and Mexico
would be likely to lead to continuation
or recurrence of dumping at the
following weighted–average percentage
margins:
Manufacturers/Exporters/
Producers
Weighted Average
Margin (percent)
Japan.
Nippon Steel Corporation
Kawasaki Steel Corporation ..............................
Sumitomo Metal Industries, Ltd. (SMI) ...........
All Others ........................
Mexico.
TAMSA ...........................
All Others ........................
107.80
107.80
107.80
68.80
15.05
15.05
This notice also serves as the only
reminder to parties subject to
administrative protective orders (APO)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with section 351.305 of the
Department’s Regulations. Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective orders is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation, which is subject to sanction.
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–4847 Filed 9–6–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–588–835
Oil Country Tubular Goods from
Japan: Preliminary Results of
Antidumping Duty Administrative
Review and Partial Recission of
Review
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on Oil Country
Tubular Goods (OCTG) from Japan in
response to requests by the United
States Steel Corporation, a petitioner in
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53161
the original investigation (petitioner).
United States Steel Corporation
requested administrative reviews of JFE
Steel Corporation (JFE), Nippon Steel
Corporation (Nippon), NKK Tubes
(NKK) and Sumitomo Metal Industries,
Ltd. (SMI). This review covers sales of
subject merchandise to the United
States during the period of August 1,
2003 through July 31, 2004.
We have preliminarily determined
that NKK and SMI had no reviewable
sales of subject merchandise during the
period of review (POR) and that the
review of these two companies should
be rescinded. We have also
preliminarily determined that adverse
facts available should be applied to the
remaining respondents, neither of
which participated in this
administrative review. Interested parties
are invited to comment on these
preliminary results. See the Preliminary
Results of Review section of this notice.
EFFECTIVE DATE: September 7, 2005.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley or Kimberley Hunt, AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3148 or (202) 482–
1272, respectively.
SUPPLEMENTARY INFORMATION:
BACKGROUND
On August 11, 1995, the Department
published the antidumping duty order
on OCTG from Japan in the Federal
Register (60 FR 41058). On August 3,
2004, the Department published a notice
of opportunity to request an
administrative review of this order (69
FR 46496). On August 31, 2004, the
Department received a timely request
for review from petitioner covering JFE,
Nippon, NKK and SMI.1 On September
22, 2004, we published a notice
initiating an administrative review of
the antidumping order on OCTG from
Japan. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 69 FR 56745.
The Department issued Sections A, B
and C of its original questionnaire on
November 12, 2004.2 On November 18,
1 The Department found SMI and Sumitomo
Corporation (SC) to be affiliated in a previous
review. See Oil Country Tubular Goods From Japan;
Preliminary Results and Rescission in Part of
Antidumping Duty Administrative Review, 64 FR
48589, 48591 (September 7, 1999). Neither SMI nor
SC has placed information on the record of this
review suggesting that the basis for this finding has
changed.
2 Section A of the questionnaire requests general
information concerning a company’s corporate
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]]>Agencies
[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53159-53161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4847]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-588-850, A-201-827)
Certain Large Diameter Carbon and Alloy Seamless Standard, Line
and Pressure Pipe from Japan and Mexico; Final Results of the Expedited
Sunset Reviews of the Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 2, 2005, the Department of Commerce (the Department)
initiated sunset reviews of the antidumping duty orders on certain
large diameter carbon and alloy seamless standard, line and pressure
pipe (Large Diameter SSLPP) from Japan and Mexico pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of
a notice of intent to participate and an adequate substantive response
filed on behalf of domestic interested parties and no response from
respondent interested parties, the Department conducted expedited (120-
day) sunset reviews for these orders. As a result of these sunset
reviews, the Department finds that revocation of the antidumping duty
orders would be likely to lead to continuation or recurrence of
dumping. The dumping margins are identified in the Final Results of
Reviews section of this notice.
EFFECTIVE DATE: September 7, 2005.
FOR FURTHER INFORMATION Saliha Loucif or David Goldberger, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-1779 and (202) 482-4136,
respectively.
SUPPLEMENTARY INFORMATION:
Background:
On May 2, 2005, the Department published the notice of initiation
of the sunset reviews of the antidumping duty orders on Large Diameter
SSLPP from Japan and Mexico, pursuant to section 751(c) of the Act. See
Initiation of Five-year (Sunset) Reviews, 70 FR 22632 (May 2, 2005).
See also Procedures for Conducting Five-year (Sunset) Reviews of
Antidumping and Countervailing Duty Orders, 63 FR 13516, 13522 (March
20, 1998). On May 17, 2005, the Department received the Notice of
Intent to Participate from United States Steel Corporation (U.S. Steel)
(the domestic interested party), within the deadline specified in
section 351.218(d)(1)(i) of the Department's Regulations. The domestic
interested party claimed interested party status under section
771(9)(c) of the Act, as a manufacturer, producer, or wholesaler of the
subject merchandise in the United States.
On June 1, 2005, we received complete substantive responses from
the domestic interested party within the 30-day deadline specified in
section 351.218(d)(3)(i) of the Department's Regulations. On the same
day, Tubos de Aceros de Mexico, S.A. (TAMSA), the sole respondent in
the investigation of Large Diameter SSLPP from Mexico, and the only
known producer of subject merchandise in Mexico, submitted a waiver of
participation.\1\ In the sunset reviews of Large Diameter SSLPP from
Mexico and Japan, the Department has not received any notice of intent
to participate nor substantive response from any respondent interested
party. As a result, pursuant to section 751(c)(3)(B) of the Act and
section 351.218(e)(1)(ii)(c)(2) of the Department's Regulations, the
[[Page 53160]]
Department conducted expedited (120-day) sunset reviews of these
orders.
---------------------------------------------------------------------------
\1\ During the course of its investigation, the Department
determined that Tubos de Aceros de Mexico, S.A. (TAMSA) was the sole
producer of Large Diameter SSLPP in Mexico. See Notice of
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination: Certain Large Diameter Carbon
and Alloy Seamless Standard, Line and Pressure Pipe From Mexico, 65
FR 5587 (February 4, 2000).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by this order 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) A53, ASTM A106, ASTM A333, ASTM A334, ASTM
A589, ASTM A795, 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 the 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 A106
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 A335 standard must be used if
temperatures and stress levels exceed those allowed for ASTM A106.
Seamless pressure pipes sold in the United States are commonly produced
to the ASTM A106 standard.
Seamless standard pipes are most commonly produced to the ASTM A53
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 A333 or ASTM A334 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
A589) and seamless galvanized pipe for fire protection uses (ASTM A795)
are used for the conveyance of water. Seamless pipes are commonly
produced and certified to meet ASTM A106, ASTM A53, 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 A106 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 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
A106 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 order. Therefore, seamless pipes
meeting the physical description above, but not produced to the ASTM
A53, ASTM A106, ASTM A333, ASTM A334, ASTM A589, ASTM A795, 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 A106 applications. These specifications generally include
ASTM A161, ASTM A192, ASTM A210, ASTM A252, ASTM A501, ASTM A523, ASTM
A524, and ASTM A618. When such pipes are used in a standard, line, or
pressure pipe application, such products are covered by the scope of
this order.
Specifically excluded from the scope of this order are:
A. Boiler tubing and mechanical tubing, if such products are not
produced to ASTM A53, ASTM A106, ASTM A333, ASTM A334, ASTM A589, ASTM
A795, 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 A335 specification unless they are used
in an application that would normally utilize ASTM A53, ASTM A106, ASTM
A333, ASTM A334, ASTM A589, ASTM A795, 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
[[Page 53161]]
will not instruct U.S. Customs and Border Protection (CBP) 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 the 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 order is
dispositive.
Analysis of Comments Received
All issues raised in these reviews are addressed in the Issues and
Decision Memorandum for the Expedited Sunset Reviews of the Antidumping
Duty Orders on Certain Large Diameter Carbon and Alloy Seamless
Standard, Line and Pressure Pipe from Japan and Mexico; Final Results
(Decision Memo) from Barbara E. Tillman, Acting Deputy Assistant
Secretary for Import Administration, to Joseph A. Spetrini, Acting
Assistant Secretary for Import Administration, dated August 30, 2005,
which is hereby adopted by this notice. The issues discussed in the
Decision Memo include the likelihood of continuation or recurrence of
dumping and the magnitude of the margins likely to prevail if the
orders were to be revoked. Parties can find a complete discussion of
all issues raised in these reviews and the corresponding
recommendations in this public memorandum which is on file in room B-
099 of the main Commerce building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at https://ia.ita.doc.gov/frn, under the
heading ``September 2005.'' The paper copy and electronic version of
the Decision Memo are identical in content.
Final Results of Reviews
We determine that revocation of the antidumping duty orders on
Large Diameter SSLPP from Japan and Mexico would be likely to lead to
continuation or recurrence of dumping at the following weighted-average
percentage margins:
------------------------------------------------------------------------
Weighted Average
Manufacturers/Exporters/Producers Margin (percent)
------------------------------------------------------------------------
Japan................................................
Nippon Steel Corporation............................. 107.80
Kawasaki Steel Corporation........................... 107.80
Sumitomo Metal Industries, Ltd. (SMI)................ 107.80
All Others........................................... 68.80
Mexico...............................................
TAMSA................................................ 15.05
All Others........................................... 15.05
------------------------------------------------------------------------
This notice also serves as the only reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's Regulations. Timely notification of the return or
destruction of APO materials or conversion to judicial protective
orders is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation, which is subject to sanction.
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4847 Filed 9-6-05; 8:45 am]
BILLING CODE 3510-DS-S
