Circular Welded Non-Alloy Steel Pipe From China, 61840-61841 [05-21395]

Download as PDF 61840 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices individuals were removed from an unknown site near Pistol River, Curry County, OR. In 1970, Mrs. Dorothy Timeus donated the human remains to the museum. According to Mrs. Timeus, the human remains are Native American and were found in the sand dunes near the Pistol River. It is unknown if the human remains were removed by Mrs. Timeus. No known individuals were identified. No associated funerary objects are present. A letter written by Mr. Harmon Timeus, Mrs. Timeus’ son, states, ‘‘I have checked with several authorities concerning the Indian skulls and relics...they are all from the To-To-Tin tribe. There were many smaller groups of this tribe. The Chetl-essen-tans is the specific group which inhabited the land where the relics were found.’’ The authorities cited in the letter are unknown. The tribe mentioned in the letter is most likely the Chet-less-ing-ton Band of Too-too-to-ney tribe, who were located at the eddy of Pistol River in the 1800s. The Chet-less-ing-ton were signatories to the Oregon Coast Treaty of 1855 and by 1857 the Chet-less-ing-ton were residing on the reservation of the Confederated Tribes of the Siletz Reservation, Oregon (Harris, 1858). The Chet-less-ing-ton are a subgroup of the Athabaskan/Tututni, which is one of the member tribes of the Confederated Tribes of the Siletz Reservation, Oregon. Officials of the Horner Collection, Oregon State University have determined that, pursuant to 25 U.S.C. 3001 (9–10), the human remains described above represent the physical remains of 17 individuals of Native American ancestry. Officials of the Horner Collection, Oregon State Unversity also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Confederated Tribes of the Siletz Reservation, Oregon. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains should contact Sabah Randhawa Executive Vice President and Provost, President’s Office, Oregon State University, 600 Kerr Administration Building, Corvallis, OR 97331, telephone (541) 737–8260, before November 25, 2005. Repatriation of the human remains to the Confederated Tribes of the Siletz Reservation, Oregon may proceed after that date if no additional claimants come forward. Horner Collection, Oregon State University is responsible for notifying the Confederated Tribes of the Siletz VerDate Aug<31>2005 16:26 Oct 25, 2005 Jkt 208001 Reservation, Oregon and Coquille Tribe of Oregon that this notice has been published. Dated: September 28, 2005 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. 05–21332 Filed 10–25–05; 8:45 am] from the People’s Republic of China is being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products.3 (70 FR 58746, October 7, 2005). BILLING CODE 4312–50–S INTERNATIONAL TRADE COMMISSION [Investigation No. TA–421–6] Circular Welded Non-Alloy Steel Pipe From China Determination On the basis of information developed in the subject investigation, the United States International Trade Commission determines, pursuant to section 421(b)(1) of the Trade Act of 1974,1 that circular welded non-alloy steel pipe 2 1 19 U.S.C. 2451(b)(1). products subject to this investigation include certain welded carbon quality steel pipes and tubes, of circular cross-section, with an outside diameter of 0.372 inches (9.45 mm) or more, but not more than 16 inches (406.4 mm), regardless of wall thickness, surface finish (black, galvanized, or painted), end finish (plain end, beveled end, grooved, threaded, or threaded and coupled), or industry specification (ASTM, proprietary, or other), generally known as standard pipe and structural pipe (they may also be referred to as structural or mechanical tubing). The term carbon quality steel may include certain low alloy steel imported as other alloy steel pipes and tubes. All pipe meeting the physical description set forth above that is used in, or intended for use in, standard and structural pipe applications is covered by the scope of this investigation. Standard pipe applications include the low-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 pipe may also be used for light load-bearing and mechanical applications, such as for fence tubing, and as an intermediate product for protection of electrical wiring, such as conduit shells. Structural pipe is used in construction applications. Products not included in this investigation are mechanical tubing (whether or not cold-drawn) provided for in HTS subheading 7306.30.50, tube and pipe hollows for redrawing provided for in HTS 7306.30.5035, or finished electrical conduit provided for in HTS 7306.30.5028. API line pipe used in oil or gas applications requiring API certifications is also not included in this investigation. Similarly, pipe produced to the API specifications for oil country tubular goods use are not included in this investigation. The subject imported products are currently provided for in the Harmonized Tariff Schedule of the United States (HTS) subheadings 7306.30.10 and 7306.30.50. Specifically, the various HTS statistical reporting numbers under which the subject standard pipe has been provided for since January 1, 1992, are as follows: 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090. Although the HTS category is provided for convenience and Customs purposes, the written description of the merchandise under investigation is dispositive. 2 The PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 Recommendations on Proposed Remedies Chairman Stephen Koplan and Commissioner Charlotte R. Lane propose that the President impose an annual quota of 160,000 short tons on imports of circular welded non-alloy steel pipe from China for a three-year period. They further recommend that, if applications are filed, the President direct the U.S. Department of Commerce and the U.S. Department of Labor to provide expedited consideration of trade adjustment assistance for firms and/or workers affected by the subject imports. Commissioner Jennifer A. Hillman and Commissioner Shara L. Aranoff propose that the President impose a tariff-rate quota for a period of three years on imports of circular welded non-alloy steel pipe from China as follows: 267,468 short tons in the first year of relief, 280,841 short tons in the second year, and 308,925 short tons in the third year, with subject pipe entered within the quota subject to the current rate of duty of ‘‘Free,’’ and over-quota imports subject to a duty of 25 percent ad valorem. They further recommend that, if applications are filed, the President direct the U.S. Department of Commerce and the U.S. Department of Labor to provide expedited consideration of any petitions for trade adjustment assistance filed by firms or workers affected by the subject imports. Background Following receipt of a petition, on August 2, 2005, on behalf of Allied Tube and Conduit Corp., Harvey, IL; IPSCO Tubulars, Inc., Camanche, IA; Maruichi American Corp., Santa Fe Springs, CA; Maverick Tube Corp., Chesterfield, MO; Pipe multiple-stenciled to the ASTM A–53 specification and to any other specification, such as the API–fL or 5L X–42 specifications, or singlecertified pipe that enters under HTS subheading 7306.10.10, is covered by this investigation when used in, or intended for use in, one of the standard pipe applications listed above, regardless of the HTS category in which it is entered. Pipe shells that enter the United States under HTS subheading 7306.30.50, including HTS statistical reporting number 7306.30.5028, are also covered by this investigation. The investigation also covers pipe used for the production of scaffolding (but does not include finished scaffolding). 3 Vice Chairman Deanna Tanner Okun and Commissioner Daniel R. Pearson make a negative determination. E:\FR\FM\26OCN1.SGM 26OCN1 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices Sharon Tube Co., Sharon, PA; Western Tube Conduit Corp., Long Beach, CA; Wheatland Tube Co., Wheatland, PA.; and the United Steelworkers of America, AFL–CIO, Pittsburgh, PA; the Commission instituted investigation No. TA–421–06, Circular Welded Non-Alloy Steel Pipe from China, under section 421(b) of the Act to determine whether circular welded non-alloy steel pipe from China is being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products. Notice of the institution of the Commission’s investigation and of the scheduling of a public hearing to be held in connection therewith was given by posting a copy of the notice on the Commission’s Web site (www.usitc.gov) and by publishing the notice in the Federal Register of August 10, 2005 (70 FR 46543). The hearing was held on September 16, 2005 in Washington, DC; all persons who requested the opportunity were permitted to appear in person or by counsel. The views of the Commission are contained in USITC Publication 3807 (October 2005), entitled Circular Welded Non-alloy Steel Pipe from China: Investigation No. TA–421–6. Issued: October 21, 2005. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–21395 Filed 10–25–05; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–551] In the Matter of Certain Laser Bar Code Scanners and Scan Engines, Components Thereof and Products Containing Same; Notice of Investigation International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. AGENCY: SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 23, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Symbol Technologies, Inc. of Holtsville, New York. An amended complaint was filed on October 14, 2005. The complaint, as amended, alleges violations of section 337 in the importation into the United VerDate Aug<31>2005 16:26 Oct 25, 2005 Jkt 208001 States, the sale for importation, and the sale within the United States after importation of certain laser bar code scanners and scan engines, components thereof and products containing same by reason of infringement of claim 48 of U.S. Patent No. 5,262,627, claims 7, 13, 14, 17, and 18 of U.S. Patent No. 5,545,889, claims 17 and 18 of U.S. Patent No. 5,917,173, claims 2 and 21 of U.S. Patent No. 5,457,308, and claims 1, 2, and 4–6 of U.S. Patent No. 6,220,514. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202–205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal at 202–205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at https:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Kevin Baer, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202–205–2221. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2005). Scope of Investigation Having considered the complaint, the U.S. International Trade Commission, on October 19, 2005, Ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain laser bar code PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 61841 scanners or scan engines, components thereof or products containing same by reason of infringement of one or more of claim 48 of U.S. Patent No. 5,262,627, claims 7, 13, 14, 17, and 18 of U.S. Patent No. 5,545,889, claims 17 and 18 of U.S. Patent No. 5,917,173, claims 2 and 21 of U.S. Patent No. 5,457,308, and claims 1, 2, and 4–6 of U.S. Patent No. 6,220,514, and whether an industry in the United States exists as required by subsection (a)(2) of section 337. (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is—Symbol Technologies, Inc., One Symbol Plaza, Holtsville, New York 11742–1300. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Metro (Suzhou) Technologies Co., Ltd., 221 Xing Hai Street, Suzhou Industrial Park, Suzhou, China. Metrologic Instruments, Inc., 90 Coles Road, Blackwood, New Jersey 08012. (c) Kevin Baer, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436, who shall be the Commission investigative attorney, party to this investigation; and (3) For the investigation so instituted, the Honorable Charles E. Bullock is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter a final determination containing such findings, and may result in the issuance of a limited E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61840-61841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21395]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-421-6]


Circular Welded Non-Alloy Steel Pipe From China

Determination

    On the basis of information developed in the subject investigation, 
the United States International Trade Commission determines, pursuant 
to section 421(b)(1) of the Trade Act of 1974,\1\ that circular welded 
non-alloy steel pipe \2\ from the People's Republic of China is being 
imported into the United States in such increased quantities or under 
such conditions as to cause or threaten to cause market disruption to 
the domestic producers of like or directly competitive products.\3\ (70 
FR 58746, October 7, 2005).
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    \1\ 19 U.S.C. 2451(b)(1).
    \2\ The products subject to this investigation include certain 
welded carbon quality steel pipes and tubes, of circular cross-
section, with an outside diameter of 0.372 inches (9.45 mm) or more, 
but not more than 16 inches (406.4 mm), regardless of wall 
thickness, surface finish (black, galvanized, or painted), end 
finish (plain end, beveled end, grooved, threaded, or threaded and 
coupled), or industry specification (ASTM, proprietary, or other), 
generally known as standard pipe and structural pipe (they may also 
be referred to as structural or mechanical tubing). The term carbon 
quality steel may include certain low alloy steel imported as other 
alloy steel pipes and tubes.
    All pipe meeting the physical description set forth above that 
is used in, or intended for use in, standard and structural pipe 
applications is covered by the scope of this investigation. Standard 
pipe applications include the low-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 pipe may also be used for 
light load-bearing and mechanical applications, such as for fence 
tubing, and as an intermediate product for protection of electrical 
wiring, such as conduit shells. Structural pipe is used in 
construction applications.
    Products not included in this investigation are mechanical 
tubing (whether or not cold-drawn) provided for in HTS subheading 
7306.30.50, tube and pipe hollows for redrawing provided for in HTS 
7306.30.5035, or finished electrical conduit provided for in HTS 
7306.30.5028. API line pipe used in oil or gas applications 
requiring API certifications is also not included in this 
investigation. Similarly, pipe produced to the API specifications 
for oil country tubular goods use are not included in this 
investigation.
    The subject imported products are currently provided for in the 
Harmonized Tariff Schedule of the United States (HTS) subheadings 
7306.30.10 and 7306.30.50. Specifically, the various HTS statistical 
reporting numbers under which the subject standard pipe has been 
provided for since January 1, 1992, are as follows: 7306.30.1000, 
7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 
7306.30.5085, and 7306.30.5090. Although the HTS category is 
provided for convenience and Customs purposes, the written 
description of the merchandise under investigation is dispositive.
    Pipe multiple-stenciled to the ASTM A-53 specification and to 
any other specification, such as the API-fL or 5L X-42 
specifications, or single-certified pipe that enters under HTS 
subheading 7306.10.10, is covered by this investigation when used 
in, or intended for use in, one of the standard pipe applications 
listed above, regardless of the HTS category in which it is entered. 
Pipe shells that enter the United States under HTS subheading 
7306.30.50, including HTS statistical reporting number 7306.30.5028, 
are also covered by this investigation. The investigation also 
covers pipe used for the production of scaffolding (but does not 
include finished scaffolding).
    \3\ Vice Chairman Deanna Tanner Okun and Commissioner Daniel R. 
Pearson make a negative determination.
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Recommendations on Proposed Remedies

    Chairman Stephen Koplan and Commissioner Charlotte R. Lane propose 
that the President impose an annual quota of 160,000 short tons on 
imports of circular welded non-alloy steel pipe from China for a three-
year period. They further recommend that, if applications are filed, 
the President direct the U.S. Department of Commerce and the U.S. 
Department of Labor to provide expedited consideration of trade 
adjustment assistance for firms and/or workers affected by the subject 
imports.
    Commissioner Jennifer A. Hillman and Commissioner Shara L. Aranoff 
propose that the President impose a tariff-rate quota for a period of 
three years on imports of circular welded non-alloy steel pipe from 
China as follows: 267,468 short tons in the first year of relief, 
280,841 short tons in the second year, and 308,925 short tons in the 
third year, with subject pipe entered within the quota subject to the 
current rate of duty of ``Free,'' and over-quota imports subject to a 
duty of 25 percent ad valorem. They further recommend that, if 
applications are filed, the President direct the U.S. Department of 
Commerce and the U.S. Department of Labor to provide expedited 
consideration of any petitions for trade adjustment assistance filed by 
firms or workers affected by the subject imports.

Background

    Following receipt of a petition, on August 2, 2005, on behalf of 
Allied Tube and Conduit Corp., Harvey, IL; IPSCO Tubulars, Inc., 
Camanche, IA; Maruichi American Corp., Santa Fe Springs, CA; Maverick 
Tube Corp., Chesterfield, MO;

[[Page 61841]]

Sharon Tube Co., Sharon, PA; Western Tube Conduit Corp., Long Beach, 
CA; Wheatland Tube Co., Wheatland, PA.; and the United Steelworkers of 
America, AFL-CIO, Pittsburgh, PA; the Commission instituted 
investigation No. TA-421-06, Circular Welded Non-Alloy Steel Pipe from 
China, under section 421(b) of the Act to determine whether circular 
welded non-alloy steel pipe from China is being imported into the 
United States in such increased quantities or under such conditions as 
to cause or threaten to cause market disruption to the domestic 
producers of like or directly competitive products.
    Notice of the institution of the Commission's investigation and of 
the scheduling of a public hearing to be held in connection therewith 
was given by posting a copy of the notice on the Commission's Web site 
(www.usitc.gov) and by publishing the notice in the Federal Register of 
August 10, 2005 (70 FR 46543). The hearing was held on September 16, 
2005 in Washington, DC; all persons who requested the opportunity were 
permitted to appear in person or by counsel.
    The views of the Commission are contained in USITC Publication 3807 
(October 2005), entitled Circular Welded Non-alloy Steel Pipe from 
China: Investigation No. TA-421-6.

    Issued: October 21, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-21395 Filed 10-25-05; 8:45 am]
BILLING CODE 7020-02-P

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