Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Mexico: Notice of Final Rescission of Antidumping Duty Administrative Review, 54017-54019 [E5-4975]
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Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices
three days after the deadline for
submission of the rebuttal briefs at the
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230. Interested
parties who wish to request a hearing,
or to participate if one is requested,
must submit a written request to the
Assistant Secretary for Import
Administration, U.S. Department of
Commerce, Room 1870, within 30 days
after the date of publication of the
preliminary results of this review in the
Federal Register. Requests should
contain the following information: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; (3) a list of the issues to be
discussed. Oral presentations will be
limited to issues raised in the briefs.
The Department will publish the final
results of this administrative review,
including the results of its analysis of
issues raised in any case or rebuttal
briefs, within 120 days of publication of
this notice. See 19 CFR 351.213(h).
Assessment Rates
Upon completion of this review, the
Department will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. In accordance with
19 CFR 351.212(b)(1), we have
calculated an importer–specific
assessment rate for merchandise subject
to this review. If these preliminary
results are adopted in the final results
of review, we will direct CBP to assess
the resulting assessment rates against
the entered customs values for the
subject merchandise on the importer’s
entries during the POR.
Cash–Deposit Requirements
In conducting recent reviews of
CEMEX and GCCC, the Department has
observed a pattern of significant
differences between the weighted–
average margins and the assessment
rates it has determined for this
respondent in those reviews. This
pattern of differences suggests that the
collection of a cash deposit for
estimated antidumping duty based on
net U.S. price may result in the
undercollection of estimated
antidumping duties at the time of entry,
as discussed at Comment 6 of the
‘‘Issues and Decision Memorandum for
the Administrative Review of Gray
Portland Cement and Clinker from
Mexico August 1, 2002, through July 31,
2003,’’ dated December 29, 2004.
Therefore, we have determined that it is
appropriate to continue to require a per–
unit cash–deposit amount for entries of
subject merchandise produced or
exported by CEMEX and GCCC.
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16:06 Sep 12, 2005
Jkt 205001
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of review, as
provided by section 751(a)(1) of the Act:
(1) The cash–deposit amount for
CEMEX/GCCC will be the amount per
metric ton determined in the final
results of review; (2) for previously
reviewed or investigated companies not
mentioned above, the cash–deposit rate
will continue to be the company–
specific rate published for the most
recent period; (3) if the exporter is not
a firm covered in this review, a prior
review, or in the original less–than-fair–
value (LTFV) investigation but the
manufacturer is, the cash–deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash–
deposit rate for all other manufacturers
or exporters will be 61.85 percent, the
all–others rate from the LTFV
investigation. See Final Determination
of Sales at Less Than Fair Value: Gray
Portland Cement and Clinker from
Mexico, 55 FR 29244 (July 18, 1990).
These deposit requirements, when
imposed, shall remain in effect until
publication of the final results of the
next administrative review.
Notification to Interested Parties
This notice also 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 POR. 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.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–4974 Filed 9–12–03; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000
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
Final Rescission of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: We have determined that the
fourth antidumping duty administrative
review of Tubos de Acero de Mexico,
S.A. (‘‘TAMSA’’) should be rescinded.
EFFECTIVE DATE: September 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho 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) 482–5075, or (202)
482–1167, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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.
See Notice of Opportunity to Request an
Administrative Review, 69 FR 46496
(August 3, 2004).
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 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’’).
On May 6, 2005, the Department
published in the Federal Register,
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line and
Pressure Pipe from Mexico: Notice of
1 The petitioner is United States Steel
Corporation.
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54017
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54018
Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices
Intent to Rescind Administrative
Review, 70 FR 23988 (May 6, 2005), and
invited comments from interested
parties. The Department did not receive
comments from any interested party.
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
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 A–106 standard
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16:06 Sep 12, 2005
Jkt 205001
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
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,
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Fmt 4703
Sfmt 4703
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
review. 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 order.
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
E:\FR\FM\13SEN1.SGM
13SEN1
Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices
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.
Rescission of Fourth Administrative
Review
On May 6, 2005, the Department
published in the Federal Register its
intent to rescind the administrative
review. See Certain Large Diameter
Carbon and Alloy Seamless Standard,
Line and Pressure Pipe: Notice to Intent
to Rescind Administrative Review, 70
FR 23988 (May 6, 2005). In that notice
we stated that, based on our shipment
data query and examination of entry
documents, (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, Customs Case Number A–201–
827’’ and Memorandum dated April 14,
2005, entitled ‘‘Memorandum to File:
Customs Data Entry Results’’) we should
treat TAMSA as a non–shipper and, in
accordance with section 351.213(d)(3) of
VerDate Aug<18>2005
16:06 Sep 12, 2005
Jkt 205001
the Department’s regulations, rescind
this review. We invited interested
parties to comment on our intent to
rescind the administrative review. No
comments were submitted.
Consequently, the Department
continues to treat 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 are rescinding this review
because TAMSA was the only company
for which a review was requested and
we have determined that TAMSA did
not have entries of subject merchandise
manufactured, produced or exported by
TAMSA during the POR. See, e.g.,
Polychloroprene Rubber from Japan:
Notice of Rescission of Antidumping
Duty Administrative Review, 66 FR
45005 (August 27, 2001).
We are issuing this notice is in
accordance with section 751(a)(1) of the
Tariff Act of 1930, as amended, and
section 351.213(d) of the Department’s
regulations.
Dated: September 6, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–4975 Filed 9–12–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–837]
Large Newspaper Printing Presses and
Components Thereof, Whether
Assembled or Unassembled, From
Japan: Preliminary Results of Changed
Circumstances Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 10, 2005, the
Department of Commerce (the
Department) self-initiated a changed
circumstances review to consider
information contained in a recent
Federal court decision, Goss
International Corp. v. Tokyo Kikai
Seisakusho, Ltd., 321 F.Supp.2d 1039
(N.D. Iowa 2004) (Goss Int’l). As
detailed in our ‘‘Notice of Initiation of
the Changed Circumstances Review,’’
evidence was presented in that court
proceeding demonstrating that Tokyo
Kikai Seisakusho, Ltd. (TKS)
intentionally provided false information
regarding its sale to the Dallas Morning
News (DMN), the subject of the
Department’s 1997–1998 administrative
review. After consideration of
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
54019
comments and information provided for
this review, we preliminarily determine
that it is appropriate to take the
following course of action in order to
protect the integrity of the Department’s
proceedings: (1) Revise TKS’ margin for
the 1997–1998 review to apply a rate of
59.67 percent based on adverse facts
available; (2) rescind the revocation of
the antidumping duty order for TKS
because TKS no longer qualifies for
revocation based on three consecutive
administrative reviews resulting in zero
dumping margins; and (3) reconsider
the revocation of the order under the
sunset review provision of the statute
(section 751(c) of the Tariff Act of 1930,
as amended (the Act)). If these
preliminary results are confirmed in the
final results, the Department will revise
TKS’ margin for the 1997–1998 review,
rescind the revocation of the
antidumping duty order for TKS, and
initiate a new sunset review to
reconsider the revocation of this order.
Interested parties are invited to
comment on these preliminary results.
EFFECTIVE DATE: September 13, 2005.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Kate Johnson,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone (202) 482–4136
and (202) 482–4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 1996, the
Department published in the Federal
Register an amended final
determination and antidumping duty
order on large newspaper printing
presses and components thereof,
whether assembled or unassembled,
from Japan (LNPPs) (61 FR 46621)
(Amended Final and Order). One of the
producers/exporters covered by the
order was TKS. Its rate from the lessthan-fair-value investigation was 56.28
percent. The Department conducted
administrative reviews of TKS for the
following periods: September 1, 1997–
August 31, 1998, September 1, 1998–
August 31, 1999, and September 1,
1999–August 31, 2000. The
administrative review for the 2000–2001
review period was rescinded. A zero
margin was found for TKS in the 1997–
1998, 1998–1999, and 1999–2000
review periods. On January 16, 2002,
the antidumping duty order was
revoked with respect to TKS (see Large
Newspaper Printing Presses and
Components Thereof, Whether
Assembled or Unassembled, From
Japan: Final Results of Antidumping
E:\FR\FM\13SEN1.SGM
13SEN1
Agencies
[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Notices]
[Pages 54017-54019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4975]
-----------------------------------------------------------------------
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 Final Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: We have determined that the fourth antidumping duty
administrative review of Tubos de Acero de Mexico, S.A. (``TAMSA'')
should be rescinded.
EFFECTIVE DATE: September 13, 2005.
FOR FURTHER INFORMATION CONTACT: Victoria Cho 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-
5075, 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. See Notice of Opportunity to Request an
Administrative Review, 69 FR 46496 (August 3, 2004).
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.
---------------------------------------------------------------------------
On May 6, 2005, the Department published in the Federal Register,
Certain Large Diameter Carbon and Alloy Seamless Standard, Line and
Pressure Pipe from Mexico: Notice of
[[Page 54018]]
Intent to Rescind Administrative Review, 70 FR 23988 (May 6, 2005), and
invited comments from interested parties. The Department did not
receive comments from any interested party.
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 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 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 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 review. 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 order.
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
[[Page 54019]]
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.
Rescission of Fourth Administrative Review
On May 6, 2005, the Department published in the Federal Register
its intent to rescind the administrative review. See Certain Large
Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe:
Notice to Intent to Rescind Administrative Review, 70 FR 23988 (May 6,
2005). In that notice we stated that, based on our shipment data query
and examination of entry documents, (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, Customs Case Number A-201-827'' and Memorandum dated April
14, 2005, entitled ``Memorandum to File: Customs Data Entry Results'')
we should treat TAMSA as a non-shipper and, in accordance with section
351.213(d)(3) of the Department's regulations, rescind this review. We
invited interested parties to comment on our intent to rescind the
administrative review. No comments were submitted.
Consequently, the Department continues to treat 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 are rescinding this review because TAMSA was the
only company for which a review was requested and we have determined
that TAMSA did not have entries of subject merchandise manufactured,
produced or exported by TAMSA during the POR. See, e.g.,
Polychloroprene Rubber from Japan: Notice of Rescission of Antidumping
Duty Administrative Review, 66 FR 45005 (August 27, 2001).
We are issuing this notice is in accordance with section 751(a)(1)
of the Tariff Act of 1930, as amended, and section 351.213(d) of the
Department's regulations.
Dated: September 6, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-4975 Filed 9-12-05; 8:45 am]
BILLING CODE 3510-DS-S