Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Under 4 ½ inches) from the Czech Republic, Japan, Romania, and South Africa; Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 53151-53153 [E5-4868]
Download as PDF
Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
17, 2004 and were considered in the
Draft Plan/EIS.
Notices of availability were published
in the Federal Register for the Gold
Camp Road Draft Plan/EIS by the Forest
Service (70 FR 2605, January 14, 2005)
and the EPA (70 FR 4119, January 28,
2005). Comments were accepted on the
Draft Plan/EIS through March 29, 2005.
Comments were considered and the
Final Plan/EIS was prepared based on
agency and public input. The Final
Plan/EIS contains a new preferred
alternative that incorporates elements of
three of the other action alternatives.
A ROD accompanies the Final Plan/
EIS. The ROD accompanying the Final
Plan/EIS is subject to appeal pursuant to
36 CFR 215.
Reviewers are obligated to structure
their participation in the National
Environmental Policy Act process so
that it is meaningful and alerts the
agency to the reviewer’s position and
contentions, [Vermont Yankee Nuclear
Power Corp. v. NRDS. 435 U.S. 519, 553,
(1978)]. Environmental objections that
could have been raised at the draft stage
may be waived if not raised until after
completing the Final EIS [City of
Angoon v. Hodel (9th Circuit 1986) and
Wisconsin Heritages Inc. v. Harris 490
F. Suppl. 1334, 1338 (E.D. Wis. 1980)].
This notice is provided pursuant to
federal regulations implementing the
National Environmental Policy Act (40
CFR 1506.6).
Dated: August 30, 2005.
Robert J. Leaverton,
Forest Supervisor.
[FR Doc. 05–17711 Filed 9–6–05; 8:45 am]
BILLING CODE 3410–11–P
COMMISSION ON CIVIL RIGHTS
Agenda and Notice of Public Meeting
of the Alaska Advisory Committee
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights, that a conference call of the
Alaska State Advisory Committee in the
Western Region will convene at 10 a.m.
(PDT) and adjourn at 11 a.m., Thursday,
September 29, 2005. The purpose of the
conference call is to discuss ongoing
projects and plan future activities.
This conference call is available to the
public through the following call-in
number: 1–800–473–8694, access code
number 44001081. Any interested
member of the public may call this
number and listen to the meeting.
Callers can expect to incur charges for
calls not initiated using the provided
call-in number or over wireless lines
VerDate Aug<18>2005
15:05 Sep 06, 2005
Jkt 205001
and the Commission will not refund any
incurred charges. Callers will incur no
charge for calls using the call-in number
over land-line connections. Persons
with hearing impairments may also
follow the proceedings by first calling
the Federal Relay Service at 1–800–977–
8339 and providing the Service with the
conference call number and access code.
To ensure that the Commission
secures an appropriate number of lines
for the public, persons are asked to
register by contacting Thomas Pilla of
the Western Regional Office, (213) 894–
3437, by 3 p.m. on Wednesday,
September 28, 2005.
The meeting will be conducted
pursuant to the provisions of the rules
and regulations of the Commission.
Dated at Washington, DC, August 31, 2005.
Ivy L. Davis,
Acting Chief, Regional Programs
Coordination Unit.
[FR Doc. 05–17702 Filed 9–6–05; 8:45 am]
COMMISSION ON CIVIL RIGHTS
Agenda and Notice of Public Meeting
of the Hawaii Advisory Committee
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights, that a conference call of the
Hawaii State Advisory Committee in the
Western Region will convene at 2 p.m.
(PDT) and adjourn at 3 p.m., Friday,
September 30, 2005. The purpose of the
conference call is to discuss on-going
projects and plan future activities.
This conference call is available to the
public through the following call-in
number: 1–800–473–7796, access code
number 44001094. Any interested
member of the public may call this
number and listen to the meeting.
Callers can expect to incur charges for
calls not initiated using the provided
call-in number or over wireless lines
and the Commission will not refund any
incurred charges. Callers will incur no
charge for calls using the call-in number
over land-line connections. Persons
with hearing impairments may also
follow the proceedings by first calling
the Federal Relay Service at 1–800–977–
8339 and providing the Service with the
conference call number and access code.
To ensure that the Commission
secures an appropriate number of lines
for the public, persons are asked to
register by contacting Thomas Pilla of
the Western Regional Office, (213) 894–
3437, by 3 p.m. on Thursday, September
29, 2005.
Frm 00004
Fmt 4703
The meeting will be conducted
pursuant to the provisions of the rules
and regulations of the Commission.
Dated at Washington, DC, August 31, 2005.
Ivy L. Davis,
Acting Chief, Regional Programs
Coordination Unit.
[FR Doc. 05–17703 Filed 9–6–05; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–851–802, A–485 805, A–588–851, A–791–
808]
Carbon and Alloy Seamless Standard,
Line, and Pressure Pipe (Under 4 W
inches) from the Czech Republic,
Japan, Romania, and South Africa;
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
carbon and alloy seamless standard,
line, and pressure pipe (under 4 W
inches) (seamless pipe) from the Czech
Republic, Japan, Romania, and South
Africa 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 adequate substantive
responses filed on behalf of domestic
interested parties and no response from
respondent interested parties, the
Department conducted expedited (120day) sunset reviews. As a result of these
sunset reviews, the Department finds
that revocation of the antidumping duty
orders would likely lead to the
continuation or recurrence of dumping.
The dumping margins are identified in
the Final Results of Review section of
this notice.
EFFECTIVE DATE: September 7, 2005.
FOR FURTHER INFORMATION Dana
Mermelstein, 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)
482–1391.
SUPPLEMENTARY INFORMATION:
AGENCY:
BILLING CODE 6335–01–P
PO 00000
53151
Sfmt 4703
Background
On May 2, 2005, the Department
initiated sunset reviews of the
antidumping duty orders on seamless
pipe from the Czech Republic, Japan,
E:\FR\FM\07SEN1.SGM
07SEN1
53152
Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
Romania, and South Africa pursuant to
section 751(c) of the Act. See Initiation
of Five-year (‘‘Sunset’’) Reviews, 70 FR
22632 (May 2, 2005). The Department
received notices of intent to participate
from two domestic interested parties,
United States Steel Corporation (U.S.
Steel) and Koppel Steel Corporation
(Koppel Steel) (collectively, domestic
interested parties), within the deadline
specified in section 351.218(d)(1)(i) of
the Department’s regulations. Domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act as U.S. producers of the
domestic like product. We received
complete substantive responses from the
domestic interested parties within the
30-day deadline specified in 19 CFR
351.218(d)(3)(i). However, we did not
receive any response from any
respondent interested parties. As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department
conducted expedited sunset reviews of
these orders.
Scope of the Orders
The products covered by the orders
are seamless carbon and alloy (other
than stainless) steel standard, line, and
pressure pipes and redraw hollows
produced, or equivalent, to the ASTM
A–53, ASTM A–106, ASTM A–333,
ASTM A–334, ASTM A–335, ASTM A–
589, ASTM A–795, and the API 5L
specifications and meeting the physical
parameters described below, regardless
of application. The scope of the orders
also includes all products used in
standard, line, or pressure pipe
applications and meeting the physical
parameters described below, regardless
of specification. Specifically included
within the scope of the orders are
seamless pipes and redraw hollows, less
than or equal to 4.5 inches (114.3 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 the
orders are currently classifiable under
the subheadings 7304.10.10.20,
7304.10.50.20, 7304.31.30.00,
7304.31.60.50, 7304.39.00.16,
7304.39.00.20, 7304.39.00.24,
7304.39.00.28, 7304.39.00.32,
7304.51.50.05, 7304.51.50.60,
7304.59.60.00, 7304.59.80.10,
7304.59.80.15, 7304.59.80.20, and
7304.59.80.25 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Specifications, Characteristics, and
Uses: Seamless pressure pipes are
intended for the conveyance of water,
VerDate Aug<18>2005
15:05 Sep 06, 2005
Jkt 205001
steam, petrochemicals, chemicals, oil
products, natural gas and other liquids
and gases 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 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 gases 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 is use in
pressure piping systems by refineries,
petrochemical plants, and chemical
plants. Other applications are in power
generation plants (electrical–fossil fuel
or nuclear), and in some oil field uses
(on shore and off shore) such as for
separator lines, gathering lines and
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
metering runs. A minor application of
this product is for use as oil and gas
distribution lines for commercial
applications. 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.
Redraw hollows are any unfinished
pipe or ‘‘hollow profiles’’ of carbon or
alloy steel transformed by hot rolling or
cold drawing/ hydrostatic testing or
other methods to enable the material to
be sold under ASTM A–53, ASTM A–
106, ASTM A–333, ASTM A–334,
ASTM A–335, ASTM A–589, ASTM A–
795, and API 5L specifications.
The scope of the orders 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 specific
exclusions discussed below, and
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 the
orders. 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–335, 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, with the exception of the
specific exclusions discussed below,
such products are covered by the scope
of the orders.
Specifically excluded from the scope
of the orders are 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–335, ASTM A–589, ASTM A–
795, and API 5L specifications and are
not used in standard, line, or pressure
pipe applications. In addition, finished
and unfinished oil country tubular
goods (OCTG) are excluded from the
scope of the orders, 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
E:\FR\FM\07SEN1.SGM
07SEN1
Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
included in this scope when used in
standard, line or pressure applications.
With regard to the excluded products
listed above, the Department 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 used in a covered
application. If such information is
provided, we 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 covered applications 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–161 specification is
being used in a standard, line or
pressure application, we will require
end–use certifications for imports of
that specification. Normally we 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, we 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, our written description of the
merchandise subject to this scope is
dispositive.
Analysis of Comments Received
All issues raised in these cases are
addressed in the ‘‘Issues and Decision
Memorandum’’ 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, (Decision Memorandum),
which is hereby adopted by this notice.
The issues discussed in the Decision
Memorandum include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margin likely
to prevail if the orders are revoked.
Parties can find a complete discussion
of all issues raised in these sunset
reviews and the corresponding
recommendations in this public
memorandum, which is on file in room
B–099 of the main Department building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the Web at https://
ia.ita.doc.gov, under the heading
‘‘September 2005.’’ The paper copy and
electronic version of the Decision
Memorandum are identical in content.
VerDate Aug<18>2005
15:05 Sep 06, 2005
Jkt 205001
53153
Final Results of Reviews
DEPARTMENT OF COMMERCE
We determine that revocation of the
antidumping duty orders on pipe
fittings from the Czech Republic, Japan,
Romania, and South Africa would likely
lead to continuation or recurrence of
dumping at the following percentage
weighted–average margins:
International Trade Administration
Manufacturers/Exporters/Producers
Czech Republic.
Nova Hut, A.S. ............................
All Others ....................................
Japan.
Nippon Steel Corporation ...........
Kawasaki Steel Corporation .......
Sumitomo Metal Industries, Ltd.
All Others ....................................
Romania.
Metal Business International
S.R.L. ......................................
S.C. Petrotub S.A. ......................
S.C. Silcotub S.A. .......................
Sota Communication Company ..
All Others ....................................
South Africa.
Iscor Ltd. .....................................
All Others ....................................
Weighted–
Average
Margin
(Percent)
39.93
32.26
106.07
106.07
106.07
70.43
11.08
11.08
15.15
15.15
13.06
43.51
40.17
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 19 CFR 351.305 of the
Department’s regulations. Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order 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 the
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. E5–4868 Filed 9–6–05; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000
(A–580–816)
Certain Corrosion–Resistant Carbon
Steel Flat Products from the Republic
of Korea: Notice of Preliminary Results
and Partial Rescission of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
petitioners, the Department of
Commerce (the Department) is
conducting the eleventh administrative
review of the antidumping order on
corrosion–resistant carbon steel flat
products (CORE) from Korea.1 This
review covers five manufacturers and
exporters (collectively, the respondents)
of the subject merchandise: Dongshin
Special Steel Co., Ltd., (Dongshin);
Dongbu Steel Co., Ltd. (Dongbu);
Hyundai HYSCO (HYSCO); Pohang Iron
& Steel Company, Ltd. and Pohang
Coated Steel Co., Ltd. (POCOS), and
Pohang Steel Industries Co., Ltd. (PSI)
(collectively, the POSCO Group); and
Union Steel Manufacturing Co., Ltd.
(Union). The period of review (POR) for
this review is August 1, 2003, through
July 31, 2004. We preliminarily
determine that during the POR, Dongbu,
the POSCO Group, and Union made
sales of subject merchandise at less than
normal value (NV). However, we
preliminary determine that HYSCO did
not make sales of subject merchandise at
less than NV (i.e., sales were made at
‘‘zero’’ or de minimis dumping
margins). If these preliminary results are
adopted in the final results of this
administrative review, we will instruct
U.S. Customs and Border Protection
(CBP) to assess HYSCO’s appropriate
entries at an antidumping liability of
zero percent of the entered value and
instruct CBP to assess Dongbu,
Dongshin, the POSCO Group, and
Union at the rates referenced in the
‘‘Preliminary Results of the Review’’
section of this notice.
Furthermore, we are rescinding the
request for review of the antidumping
order for SeAH Steel Corporation
(SeAH) because SeAH and its affiliates
did not have exports or sales in the
United States of subject merchandise
manufactured or produced by SeAH
during the POR. Because Dongshin
failed to respond to the Department’s
questionnaire, we preliminarily
AGENCY:
1 Petitioners are the Mittal Steel USA ISG, Inc.,
United States Steel Corporation, and Nucor
Corporation.
Frm 00006
Fmt 4703
Sfmt 4703
E:\FR\FM\07SEN1.SGM
07SEN1
Agencies
[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53151-53153]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4868]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-851-802, A-485 805, A-588-851, A-791-808]
Carbon and Alloy Seamless Standard, Line, and Pressure Pipe
(Under 4 [frac1s2] inches) from the Czech Republic, Japan, Romania, and
South Africa; 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
carbon and alloy seamless standard, line, and pressure pipe (under 4
[frac1s2] inches) (seamless pipe) from the Czech Republic, Japan,
Romania, and South Africa 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 adequate substantive responses filed on behalf of
domestic interested parties and no response from respondent interested
parties, the Department conducted expedited (120-day) sunset reviews.
As a result of these sunset reviews, the Department finds that
revocation of the antidumping duty orders would likely lead to the
continuation or recurrence of dumping. The dumping margins are
identified in the Final Results of Review section of this notice.
EFFECTIVE DATE: September 7, 2005.
FOR FURTHER INFORMATION Dana Mermelstein, 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) 482-1391.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2005, the Department initiated sunset reviews of the
antidumping duty orders on seamless pipe from the Czech Republic,
Japan,
[[Page 53152]]
Romania, and South Africa pursuant to section 751(c) of the Act. See
Initiation of Five-year (``Sunset'') Reviews, 70 FR 22632 (May 2,
2005). The Department received notices of intent to participate from
two domestic interested parties, United States Steel Corporation (U.S.
Steel) and Koppel Steel Corporation (Koppel Steel) (collectively,
domestic interested parties), within the deadline specified in section
351.218(d)(1)(i) of the Department's regulations. Domestic interested
parties claimed interested party status under section 771(9)(C) of the
Act as U.S. producers of the domestic like product. We received
complete substantive responses from the domestic interested parties
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).
However, we did not receive any response from any respondent interested
parties. As a result, pursuant to section 751(c)(3)(B) of the Act and
19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited
sunset reviews of these orders.
Scope of the Orders
The products covered by the orders are seamless carbon and alloy
(other than stainless) steel standard, line, and pressure pipes and
redraw hollows produced, or equivalent, to the ASTM A-53, ASTM A-106,
ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-795, and the API
5L specifications and meeting the physical parameters described below,
regardless of application. The scope of the orders also includes all
products used in standard, line, or pressure pipe applications and
meeting the physical parameters described below, regardless of
specification. Specifically included within the scope of the orders are
seamless pipes and redraw hollows, less than or equal to 4.5 inches
(114.3 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 the orders are currently classifiable
under the subheadings 7304.10.10.20, 7304.10.50.20, 7304.31.30.00,
7304.31.60.50, 7304.39.00.16, 7304.39.00.20, 7304.39.00.24,
7304.39.00.28, 7304.39.00.32, 7304.51.50.05, 7304.51.50.60,
7304.59.60.00, 7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and
7304.59.80.25 of the Harmonized Tariff Schedule of the United States
(HTSUS).
Specifications, Characteristics, and Uses: Seamless pressure pipes
are intended for the conveyance of water, steam, petrochemicals,
chemicals, oil products, natural gas and other liquids and gases 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 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
gases 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 is use in pressure piping systems by
refineries, petrochemical plants, and chemical plants. Other
applications are in power generation plants (electrical-fossil fuel or
nuclear), and in some oil field uses (on shore and off shore) such as
for separator lines, gathering lines and metering runs. A minor
application of this product is for use as oil and gas distribution
lines for commercial applications. 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.
Redraw hollows are any unfinished pipe or ``hollow profiles'' of
carbon or alloy steel transformed by hot rolling or cold drawing/
hydrostatic testing or other methods to enable the material to be sold
under ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM
A-589, ASTM A-795, and API 5L specifications.
The scope of the orders 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 specific exclusions discussed below, and 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 the orders. 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-335, 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,
with the exception of the specific exclusions discussed below, such
products are covered by the scope of the orders.
Specifically excluded from the scope of the orders are 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-335, ASTM A-589, ASTM
A-795, and API 5L specifications and are not used in standard, line, or
pressure pipe applications. In addition, finished and unfinished oil
country tubular goods (OCTG) are excluded from the scope of the orders,
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
[[Page 53153]]
included in this scope when used in standard, line or pressure
applications.
With regard to the excluded products listed above, the Department
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 used in a covered application. If
such information is provided, we 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 covered applications 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-161 specification is being
used in a standard, line or pressure application, we will require end-
use certifications for imports of that specification. Normally we 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, we 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, our written description of the merchandise subject to
this scope is dispositive.
Analysis of Comments Received
All issues raised in these cases are addressed in the ``Issues and
Decision Memorandum'' 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,
(Decision Memorandum), which is hereby adopted by this notice. The
issues discussed in the Decision Memorandum include the likelihood of
continuation or recurrence of dumping and the magnitude of the margin
likely to prevail if the orders are revoked. Parties can find a
complete discussion of all issues raised in these sunset reviews and
the corresponding recommendations in this public memorandum, which is
on file in room B-099 of the main Department building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the Web at https://ia.ita.doc.gov, under the
heading ``September 2005.'' The paper copy and electronic version of
the Decision Memorandum are identical in content.
Final Results of Reviews
We determine that revocation of the antidumping duty orders on pipe
fittings from the Czech Republic, Japan, Romania, and South Africa
would likely lead to continuation or recurrence of dumping at the
following percentage weighted-average margins:
------------------------------------------------------------------------
Weighted-
Manufacturers/Exporters/Producers Average Margin
(Percent)
------------------------------------------------------------------------
Czech Republic.........................................
Nova Hut, A.S.......................................... 39.93
All Others............................................. 32.26
Japan..................................................
Nippon Steel Corporation............................... 106.07
Kawasaki Steel Corporation............................. 106.07
Sumitomo Metal Industries, Ltd......................... 106.07
All Others............................................. 70.43
Romania................................................
Metal Business International S.R.L..................... 11.08
S.C. Petrotub S.A...................................... 11.08
S.C. Silcotub S.A...................................... 15.15
Sota Communication Company............................. 15.15
All Others............................................. 13.06
South Africa...........................................
Iscor Ltd.............................................. 43.51
All Others............................................. 40.17
------------------------------------------------------------------------
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 19 CFR 351.305 of the
Department's regulations. Timely notification of the return or
destruction of APO materials or conversion to judicial protective order
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 the 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. E5-4868 Filed 9-6-05; 8:45 am]
BILLING CODE 3510-DS-S