Notice of Final Results of Antidumping Duty Administrative Review: Small Diameter Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe from Brazil, 60282-60284 [E5-5715]
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60282
Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–826]
Notice of Final Results of Antidumping
Duty Administrative Review: Small
Diameter Seamless Carbon and Alloy
Steel Standard, Line and Pressure Pipe
from Brazil
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 10, 2005, the
Department of Commerce published the
preliminary results of the administrative
review of the antidumping duty order
on small diameter seamless carbon and
alloy steel standard, line and pressure
pipe from Brazil. The review covers
V&M do Brasil, S.A., a manufacturer/
exporter of the subject merchandise.
The period of review is August 1, 2003,
through July 31, 2004.
Based on our analysis of the
comments received, we have made
changes in the margin calculations.
Therefore, the final results differ from
the preliminary results. The final
weighted–average dumping margin for
the reviewed firm is listed below in the
section entitled ‘‘Final Results of
Review.’’
AGENCY:
EFFECTIVE DATE:
October 17, 2005.
FOR FURTHER INFORMATION CONTACT:
Patrick Edwards or Stephen Bailey at
(202) 482–8029 or (202) 482–0193,
respectively; AD/CVD Operations,
Office 7, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2005, the Department of
Commerce (‘‘the Department’’)
published in the Federal Register its
preliminary results in this
administrative review. See Small
Diameter Seamless Carbon and Alloy
Steel Standard, Line and Pressure Pipe
from Brazil: Preliminary Results of
Antidumping Duty Administrative
Review, 70 FR 24524 (May 10, 2005)
(‘‘Preliminary Results’’). We invited
parties to comment on the Preliminary
Results. On June 9, 2005, we received a
case brief from the sole respondent,
V&M do Brasil, S.A. (‘‘VMB’’). We
received a rebuttal brief from the
petitioner, United States Steel
Corporation (‘‘petitioner’’) on June 17,
2005. Neither party requested a public
hearing.
VerDate Aug<31>2005
15:43 Oct 14, 2005
Jkt 208001
On August 16, 2005, because it was
not practicable to complete the final
results of this review within the original
time period, the Department published
in the Federal Register an extension of
the time limit for completion of the final
results of this administrative review in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (‘‘the
Act’’). See Small Diameter Seamless
Carbon and Alloy Steel Standard, Line
and Pressure Pipe from Brazil:
Extension of Time Limit for the Final
Results of the Antidumping Duty
Administrative Review, 70 FR 48102
(August 16, 2005).
Scope of the Order
The products covered by the order are
seamless pipes produced to the ASTM
A–335, ASTM A–106, ASTM A–53 and
API 5L specifications and meeting the
physical parameters described below,
regardless of application. The scope of
this order also includes all products
used in standard, line, or pressure pipe
applications and meeting the physical
parameters below, regardless of
specification.
For purposes of this order, seamless
pipes are seamless carbon and alloy
(other than stainless) steel pipes, of
circular cross-section, not more than
114.3 mm (4.5 inches) 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.
These pipes are commonly known as
standard pipe, line pipe or pressure
pipe, depending upon the application.
They may also be used in structural
applications. Pipes produced in non–
standard wall thickness are commonly
referred to as tubes.
The seamless pipes subject to this
antidumping duty order are currently
classifiable under subheadings
7304.10.10.20, 7304.10.50.20,
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’’). The following information
further defines the scope of this order,
which covers pipes meeting the
physical parameters described above:
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 gasses in industrial piping systems.
They may carry these substances at
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Fmt 4703
Sfmt 4703
elevated pressures and temperatures
and may be subject to the application of
external heat. Seamless carbon steel
pressure pipe meeting the ASTM
standard A–106 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 standard A–335 must be used if
temperatures and stress levels exceed
those allowed for A–106 and the ASME
codes. 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.
Seamless line pipes are intended for
the conveyance of oil and natural gas or
other fluids in pipelines. Seamless line
pipes are produced to the API 5L
specification.
Seamless pipes are commonly
produced and certified to meet ASTM
A–106, ASTM A–53 and API 5L
specifications. Such triple certification
of pipes is common because all pipes
meeting the stringent ASTM A–106
specification necessarily meet the API
5L and ASTM A–53 specifications.
Pipes meeting the API 5L specification
necessarily meet the ASTM A–53
specification. However, pipes meeting
the A–53 or API 5L specifications do not
necessarily meet the A–106
specification. To avoid maintaining
separate production runs and separate
inventories, manufacturers triple–certify
the pipes. 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–certified
pipes is 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
E:\FR\FM\17OCN1.SGM
17OCN1
Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Notices
the subject seamless pipes. However, 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,
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 this order.
Therefore, seamless pipes meeting the
physical description above, but not
produced to the ASTM A–335, ASTM
A–106, ASTM A–53, or API 5L
standards shall be covered if used in a
standard, line or pressure application.
For example, there are certain other
ASTM specifications of pipe which,
because of overlapping characteristics,
could potentially be used in A–106
applications. These specifications
generally include A–162, A–192, A–210,
A–333, and A–524. 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 this order
are boiler tubing and mechanical tubing,
if such products are not produced to
ASTM A–335, ASTM A–106, ASTM A–
53 or API 5L specifications and are not
used in standard, line or pressure
applications. In addition, finished and
unfinished oil country tubular goods
(‘‘OCTG’’) are excluded from the scope
of this order, 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. Finally, also excluded
from this order are redraw hollows for
cold-drawing when used in the
production of cold-drawn pipe or tube.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this order is dispositive.
Analysis of Comments Received
The issues raised in the case briefs by
parties to this administrative review are
addressed in the Issues and Decision
Memorandum to Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration, from Barbara E.
Tillman, Acting Deputy Assistant
Secretary (‘‘Decision Memorandum’’),
which is hereby adopted by this notice.
A list of the issues addressed in the
Decision Memorandum is appended to
this notice. The Decision Memorandum
is on file in the Central Records Unit in
Room B–099 of the main Commerce
building, and can also be accessed
VerDate Aug<31>2005
18:16 Oct 14, 2005
Jkt 208001
60283
directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
from Brazil entered, or withdrawn from
warehouse, for consumption on or after
the publication date of these final
results, as provided by section 751(a) of
the Act: (1) For the company covered by
Changes Since the Preliminary Results
this review, the cash deposit rate will be
Based on our analysis of comments
the rate listed above; (2) for
received, we have made adjustments to
merchandise exported by producers or
the constructed export price (‘‘CEP’’)
exporters not covered in this review but
profit ratio and the total and variable
covered in the investigation, the cash
costs used in calculating the final
deposit rate will continue to be the
dumping margin in this proceeding. See company–specific rate from the final
Sales Analysis Memorandum for the
determination; (3) if the exporter is not
Final Results of Administrative Review
a firm covered in this review or the
of Small Diameter Seamless Carbon and investigation, but the producer is, the
Alloy Steel Standard, Line and Pressure cash deposit rate will be that established
Pipe from Brazil: V&M do Brasil, SA
for the producer of the merchandise for
(‘‘Analysis Memo’’), dated October 7,
the most recent period; and (4) if neither
2005. We have also made adjustments to the exporter nor the producer is a firm
the cost of affiliate inputs, certain
covered in this review or the
unreconciled expenses, and the
investigation, the cash deposit rate will
company’s selling and general
be 124.94 percent, the ‘‘All Others’’ rate
administrative expenses. See Cost of
established in the less–than-fair–value
Production and Constructed Value
investigation. These deposit
Calculation Adjustments for the Final
requirements shall remain in effect until
Determination V&M do Brasil S.A.
publication of the final results of the
(‘‘COP Memo’’), dated October 7, 2005.
next administrative review.
The adjustments are further discussed
This notice also serves as a final
in detail in the Decision Memorandum.
reminder to importers of their
responsibility under 19 CFR 351.402
Final Results of Review:
(f)(2) to file a certificate regarding the
As a result of our review, we
reimbursement of antidumping duties
determine that the following weighted–
prior to liquidation of the relevant
average margin exists for the period of
entries during this review period.
August 1, 2003, through July 31, 2004:
Failure to comply with this requirement
could result in the Secretary’s
Weighted–average
Producer
presumption that reimbursement of
margin (Percentage)
antidumping duties occurred, and in the
V&M do Brasil, S.A.
14.60 percent subsequent assessment of double
antidumping duties.
This notice also is the only reminder
Assessment
to parties subject to administrative
The Department will determine, and
protective order (‘‘APO’’) of their
U.S. Customs and Border Protection
responsibility concerning the return or
(‘‘CBP’’) shall assess, antidumping
destruction of proprietary information
duties on all appropriate entries,
disclosed under APO in accordance
pursuant to 19 CFR 351.212(b). The
with 19 CFR 351.305. Timely written
Department calculated importer–
notification of the return/destruction of
specific duty assessment rates on the
APO materials or conversion to judicial
basis of the ratio of the total amount of
protective order is hereby requested.
antidumping duties calculated for the
Failure to comply with the regulations
examined sales to the total entered
and the terms of an APO is a
value of the examined sales for that
sanctionable violation.
importer. Where the assessment rate is
We are issuing and publishing these
above de minimis, we will instruct CBP
results and notice in accordance with
to assess duties on all entries of subject
sections 751(a)(1) and 777(i) of the Act.
merchandise produced by VMB. The
Dated: October 6, 2005.
Department will issue appropriate
Joseph A. Spetrini,
assessment instructions directly to CBP
within 15 days of publication of these
Acting Assistant Secretary for Import
Administration.
final results of review.
Cash Deposits
Furthermore, the following deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of seamless carbon and certain alloy
steel standard, line and pressure pipe
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APPENDIX Issues in Decision
Memorandum
Comment 1: CEP Profit Adjustments
Comment 2: Establishing the Most
Similar Foreign Like Product
Comment 3: Date of Sale
Comment 4: Revised Cost Database
E:\FR\FM\17OCN1.SGM
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60284
Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Notices
We determine that completion of the
preliminary results of these reviews
within the 245-day period is not
practicable for the following reasons.
[FR Doc. E5–5715 Filed 10–14–05; 8:45 am]
These reviews are extraordinarily
BILLING CODE 3510–DS–S
complicated because of the complex
nature of the more than adequate
remuneration program in the review
DEPARTMENT OF COMMERCE
covering France and the request for
International Trade Administration
revocation in the reviews covering
Germany, the Netherlands, and the
[C–427–819, C–428–829, C–421–809, C–412– United Kingdom. Given the complexity
821]
of these issues, which need to be
thoroughly analyzed by the Department,
Low Enriched Uranium from France,
and in accordance with section
Germany, the Netherlands, and the
751(a)(3)(A) of the Act, we are extending
United Kingdom: Extension of Time
the time period for issuing the
Limit for Preliminary Results of
preliminary results of reviews by 120
Countervailing Duty Administrative
days. Therefore, the preliminary results
Reviews
are now due no later than February 28,
2006. The final results continue to be
AGENCY: Import Administration,
due 120 days after publication of the
International Trade Administration,
preliminary results.
Department of Commerce.
This notice is issued and published in
EFFECTIVE DATE: October 17, 2005.
accordance with sections 751(a)(3)(A)
FOR FURTHER INFORMATION CONTACT:
and 777(i)(1) of the Act.
Kristen Johnson or Darla Brown, AD/
Dated: October 11, 2005.
CVD Operations, Office 3, Import
Gary Taverman,
Administration, International Trade
Acting Deputy Assistant Secretary for Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution Administration.
[FR Doc. E5–5713 Filed 10–14–05; 8:45 am]
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4793 or (202) 482– BILLING CODE 3510–DS–S
2849, respectively.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
Background Information
National Oceanic and Atmospheric
On March 23, 2005, the U.S.
Administration
Department of Commerce (‘‘the
[I.D. 092705B]
Department’’) published a notice of
initiation of the administrative reviews
of the countervailing duty orders on low Endangered and Threatened Species;
Take of Anadromous Fish; Correction
enriched uranium from France,
Germany, the Netherlands, and the
AGENCY: National Marine Fisheries
United Kingdom covering the period of
Service (NMFS), National Oceanic and
review January 1, 2004, through
Atmospheric Administration (NOAA),
December 31, 2004. See Initiation of
Commerce.
Antidumping and Countervailing Duty
ACTION: Notice; availability of fishery
Administrative Reviews and Requests
plan and request for comment;
for Revocation in Part, 70 FR 14643
Correction
(March 23, 2005). The preliminary
SUMMARY: This document corrects an
results are currently due no later than
earlier version of this action that was
October 31, 2005.
published on October 3, 2005, in which
Extension of Time Limit for Preliminary the ACTION statement was omitted. The
Results
Oregon Department of Fish and Wildlife
(ODFW) has submitted a Fishery
Section 751(a)(3)(A) of the Tariff Act
Management and Evaluation Plan
of 1930, as amended (‘‘the Act’’),
(FMEP) and the Washington Department
requires the Department to make a
of Fish and Wildlife (WDFW) has
preliminary determination within 245
days after the last day of the anniversary submitted an amendment to an FMEP
pursuant to the protective regulations
month of an order or finding for which
promulgated for Lower Columbia River
a review is requested. Section
751(a)(3)(A) of the Act further states that (LCR) coho salmon under the
Endangered Species Act. The FMEPs
if it is not practicable to complete the
review within the time period specified, specify the future management of inland
the administering authority may extend recreational fisheries potentially
affecting LCR coho salmon. This
the 245-day period to issue its
document serves to notify the public of
preliminary results by up to 120 days.
Comment 5: Clerical Errors: Revisions to
Variable and Total Costs of
Manufacturing
VerDate Aug<31>2005
15:43 Oct 14, 2005
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the availability of the FMEPs for review
and comment before final approval or
disapproval is made by NMFS.
DATES: Comments on the FMEPs must
be received at the appropriate address or
fax number (see ADDRESSES) no later
than 5 p.m. Pacific daylight time on
November 2, 2005.
ADDRESSES: Written comments on the
application should be addressed to the
Salmon Recovery Division, Hatcheries
and Inland Fisheries Branch, 1201 NE
Lloyd Blvd. Suite 1100, Portland, OR
97232 or faxed to 503–872–2737.
Comments may be submitted by e-mail.
The mailbox address for providing email comments is
LCRCohoFMEPs.nwr@noaa.gov. Include
in the subject line of the e-mail
comment the following identifier:
Comments on LCR Coho FMEPs.
FOR FURTHER INFORMATION CONTACT:
Richard Turner, Portland, Oregon, at
phone number: (503) 736–4737, or email: rich.turner@noaa.gov.
SUPPLEMENTARY INFORMATION:
Species Covered in This Notice
This notice is relevant to the Lower
Columbia River coho salmon
(Oncorhynchus kisutch), Lower
Columbia River Chinook salmon (O.
tshawytscha), Lower Columbia River
steelhead (O. mykiss), and Columbia
River chum salmon (O. keta)
evolutionarily significant unit (ESU).
ODFW has submitted to NMFS an
FMEP: Lower Columbia River Coho in
Oregon Freshwater Fisheries of the
Lower Columbia River Tributaries
(between the Pacific Ocean and Hood
River). WDFW has submitted an
amendment to their Lower Columbia
River FMEP for inland recreational
fisheries potentially affecting listed
adult and juvenile LCR coho salmon.
These FMEPs include fisheries
occurring in all tributaries to the Lower
Columbia River from the Pacific Ocean
to the Hood River in Oregon and the Big
White Salmon River in Washington. The
objective of the fisheries described in
these FMEPs is to harvest known,
hatchery-origin coho salmon, and other
fish species in a manner that does not
appreciably reduce the likelihood of
survival and recovery of listed LCR
salmon and steelhead ESUs. All
fisheries included in these FMEPs will
be managed such that only hatcheryorigin coho salmon that are adipose finclipped may be retained. Impact levels
on listed LCR coho salmon are specified
in ODFW’s FMEP and the amendment
to WDFW’s FMEP. Population viability
analysis and risk assessments in the
FMEPs indicate the extinction risk for
listed coho salmon would not increase
E:\FR\FM\17OCN1.SGM
17OCN1
]]>Agencies
[Federal Register Volume 70, Number 199 (Monday, October 17, 2005)]
[Notices]
[Pages 60282-60284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5715]
[[Page 60282]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-826]
Notice of Final Results of Antidumping Duty Administrative
Review: Small Diameter Seamless Carbon and Alloy Steel Standard, Line
and Pressure Pipe from Brazil
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 10, 2005, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on small diameter seamless carbon and alloy steel standard,
line and pressure pipe from Brazil. The review covers V&M do Brasil,
S.A., a manufacturer/exporter of the subject merchandise. The period of
review is August 1, 2003, through July 31, 2004.
Based on our analysis of the comments received, we have made
changes in the margin calculations. Therefore, the final results differ
from the preliminary results. The final weighted-average dumping margin
for the reviewed firm is listed below in the section entitled ``Final
Results of Review.''
EFFECTIVE DATE: October 17, 2005.
FOR FURTHER INFORMATION CONTACT: Patrick Edwards or Stephen Bailey at
(202) 482-8029 or (202) 482-0193, respectively; AD/CVD Operations,
Office 7, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2005, the Department of Commerce (``the Department'')
published in the Federal Register its preliminary results in this
administrative review. See Small Diameter Seamless Carbon and Alloy
Steel Standard, Line and Pressure Pipe from Brazil: Preliminary Results
of Antidumping Duty Administrative Review, 70 FR 24524 (May 10, 2005)
(``Preliminary Results''). We invited parties to comment on the
Preliminary Results. On June 9, 2005, we received a case brief from the
sole respondent, V&M do Brasil, S.A. (``VMB''). We received a rebuttal
brief from the petitioner, United States Steel Corporation
(``petitioner'') on June 17, 2005. Neither party requested a public
hearing.
On August 16, 2005, because it was not practicable to complete the
final results of this review within the original time period, the
Department published in the Federal Register an extension of the time
limit for completion of the final results of this administrative review
in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (``the Act''). See Small Diameter Seamless Carbon and Alloy
Steel Standard, Line and Pressure Pipe from Brazil: Extension of Time
Limit for the Final Results of the Antidumping Duty Administrative
Review, 70 FR 48102 (August 16, 2005).
Scope of the Order
The products covered by the order are seamless pipes produced to
the ASTM A-335, ASTM A-106, ASTM A-53 and API 5L specifications and
meeting the physical parameters described below, regardless of
application. The scope of this order also includes all products used in
standard, line, or pressure pipe applications and meeting the physical
parameters below, regardless of specification.
For purposes of this order, seamless pipes are seamless carbon and
alloy (other than stainless) steel pipes, of circular cross-section,
not more than 114.3 mm (4.5 inches) 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. These pipes are commonly known as standard
pipe, line pipe or pressure pipe, depending upon the application. They
may also be used in structural applications. Pipes produced in non-
standard wall thickness are commonly referred to as tubes.
The seamless pipes subject to this antidumping duty order are
currently classifiable under subheadings 7304.10.10.20, 7304.10.50.20,
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''). The following information further defines the scope of
this order, which covers pipes meeting the physical parameters
described above:
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 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
standard A-106 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 standard A-335
must be used if temperatures and stress levels exceed those allowed for
A-106 and the ASME codes. 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.
Seamless line pipes are intended for the conveyance of oil and
natural gas or other fluids in pipelines. Seamless line pipes are
produced to the API 5L specification.
Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53 and API 5L specifications. Such triple certification of
pipes is common because all pipes meeting the stringent ASTM A-106
specification necessarily meet the API 5L and ASTM A-53 specifications.
Pipes meeting the API 5L specification necessarily meet the ASTM A-53
specification. However, pipes meeting the A-53 or API 5L specifications
do not necessarily meet the A-106 specification. To avoid maintaining
separate production runs and separate inventories, manufacturers
triple-certify the pipes. 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-
certified pipes is 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
[[Page 60283]]
the subject seamless pipes. However, 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, 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 this order. Therefore, seamless pipes
meeting the physical description above, but not produced to the ASTM A-
335, ASTM A-106, ASTM A-53, or API 5L standards shall be covered if
used in a standard, line or pressure application.
For example, there are certain other ASTM specifications of pipe
which, because of overlapping characteristics, could potentially be
used in A-106 applications. These specifications generally include A-
162, A-192, A-210, A-333, and A-524. 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 this order are boiler tubing and
mechanical tubing, if such products are not produced to ASTM A-335,
ASTM A-106, ASTM A-53 or API 5L specifications and are not used in
standard, line or pressure applications. In addition, finished and
unfinished oil country tubular goods (``OCTG'') are excluded from the
scope of this order, 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. Finally, also excluded from
this order are redraw hollows for cold-drawing when used in the
production of cold-drawn pipe or tube.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of this order is
dispositive.
Analysis of Comments Received
The issues raised in the case briefs by parties to this
administrative review are addressed in the Issues and Decision
Memorandum to Joseph A. Spetrini, Acting Assistant Secretary for Import
Administration, from Barbara E. Tillman, Acting Deputy Assistant
Secretary (``Decision Memorandum''), which is hereby adopted by this
notice. A list of the issues addressed in the Decision Memorandum is
appended to this notice. The Decision Memorandum is on file in the
Central Records Unit in Room B-099 of the main Commerce building, and
can also be accessed directly on the Web at https://ia.ita.doc.gov/frn.
The paper copy and electronic version of the Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made
adjustments to the constructed export price (``CEP'') profit ratio and
the total and variable costs used in calculating the final dumping
margin in this proceeding. See Sales Analysis Memorandum for the Final
Results of Administrative Review of Small Diameter Seamless Carbon and
Alloy Steel Standard, Line and Pressure Pipe from Brazil: V&M do
Brasil, SA (``Analysis Memo''), dated October 7, 2005. We have also
made adjustments to the cost of affiliate inputs, certain unreconciled
expenses, and the company's selling and general administrative
expenses. See Cost of Production and Constructed Value Calculation
Adjustments for the Final Determination V&M do Brasil S.A. (``COP
Memo''), dated October 7, 2005. The adjustments are further discussed
in detail in the Decision Memorandum.
Final Results of Review:
As a result of our review, we determine that the following
weighted-average margin exists for the period of August 1, 2003,
through July 31, 2004:
------------------------------------------------------------------------
Weighted-average
Producer margin (Percentage)
------------------------------------------------------------------------
V&M do Brasil, S.A. 14.60 percent
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to 19 CFR 351.212(b). The Department
calculated importer-specific duty assessment rates on the basis of the
ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of the examined sales for
that importer. Where the assessment rate is above de minimis, we will
instruct CBP to assess duties on all entries of subject merchandise
produced by VMB. The Department will issue appropriate assessment
instructions directly to CBP within 15 days of publication of these
final results of review.
Cash Deposits
Furthermore, the following deposit requirements will be effective
upon publication of the final results of this administrative review for
all shipments of seamless carbon and certain alloy steel standard, line
and pressure pipe from Brazil entered, or withdrawn from warehouse, for
consumption on or after the publication date of these final results, as
provided by section 751(a) of the Act: (1) For the company covered by
this review, the cash deposit rate will be the rate listed above; (2)
for merchandise exported by producers or exporters not covered in this
review but covered in the investigation, the cash deposit rate will
continue to be the company-specific rate from the final determination;
(3) if the exporter is not a firm covered in this review or the
investigation, but the producer is, the cash deposit rate will be that
established for the producer of the merchandise for the most recent
period; and (4) if neither the exporter nor the producer is a firm
covered in this review or the investigation, the cash deposit rate will
be 124.94 percent, the ``All Others'' rate established in the less-
than-fair-value investigation. These deposit requirements shall remain
in effect until publication of the final results of the next
administrative review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402 (f)(2) 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 in the subsequent
assessment of double antidumping duties.
This notice also is the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: October 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
APPENDIX Issues in Decision Memorandum
Comment 1: CEP Profit Adjustments
Comment 2: Establishing the Most Similar Foreign Like Product
Comment 3: Date of Sale
Comment 4: Revised Cost Database
[[Page 60284]]
Comment 5: Clerical Errors: Revisions to Variable and Total Costs of
Manufacturing
[FR Doc. E5-5715 Filed 10-14-05; 8:45 am]
BILLING CODE 3510-DS-S
