Certain Circular Welded Carbon Steel Pipes and Tubes from India, Taiwan, Thailand, and Turkey, and Circular Welded Non-Alloy Steel Pipe from Brazil, Republic of Korea, Mexico, and Taiwan; Notice of Final Results of Expedited Five-Year (“Sunset”) Reviews of Antidumping Duty Orders, 67662-67665 [05-22241]
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67662
Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices
(OPCW) to implement the verification
provisions of the treaty. The CWC
imposes a number of obligations on
countries that have ratified the
Convention (States Parties), including
enactment of legislation to prohibit the
production, storage, and use of chemical
weapons, and establishment of a
National Authority for liaison with the
OPCW and other States Parties. The
CWC also requires States Parties to
implement a comprehensive data
declaration and inspection regime to
provide transparency and to verify that
both the public and private sectors of
States Parties are not engaged in
activities prohibited under the CWC.
‘‘Schedule 1’’ chemicals are those
toxic chemicals and precursors
identified in the Convention as posing
a high risk to the object and purpose of
the Convention. The ‘‘Schedule 1’’
chemicals are set forth in the
Convention’s ‘‘Annex on Chemicals,’’ as
well as in Supplement No. 1 to part 712
of the Chemical Weapons Convention
Regulations (15 CFR 712).
The ‘‘Schedule 1’’ provisions of the
Convention that affect commercial
activities are implemented through part
712 of the Chemical Weapons
Convention Regulations and parts 742
and 745 of the Export Administration
Regulations, both administered by the
Bureau of Industry and Security. These
regulations:
(1) Prohibit the import of ‘‘Schedule
1’’ chemicals from States not Party to
the Convention (15 CFR 712.2(a));
(2) Require annual declarations by
certain facilities engaged in the
production of ‘‘Schedule 1’’ chemicals
in excess of 100 grams aggregate per
calendar year (i.e., declared ‘‘Schedule
1’’ facilities) for purposes not prohibited
by the Convention (15 CFR 712.3(a)(2)
and (a)(3));
(3) Require government approval of
‘‘declared Schedule 1’’ facilities (15 CFR
712.3(e));
(4) Provide that ‘‘declared Schedule
1’’ facilities are subject to initial and
routine inspection by the Organization
for the Prohibition of Chemical
Weapons (15 CFR 712.3(d) and
716.1(b)(1));
(5) Require 200 days advance
notification of establishment of new
‘‘Schedule 1’’ production facilities
producing greater than 100 grams
aggregate of ‘‘Schedule 1’’ chemicals per
calendar year (15 CFR 712.4);
(6) Require advance notification and
annual reporting of all imports and
exports of ‘‘Schedule 1’’ chemicals to, or
from, other States Parties to the
Convention (15 CFR 712.5, 742.18(a)(1)
and 745.1); and
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(7) Prohibit the export of ‘‘Schedule
1’’ chemicals to States not Party to the
Convention (15 CFR 742.18(a)(1) and
(b)(1)(ii)).
Discussion and Request for Comments
In order to assist in determining
whether the legitimate commercial
activities and interests of chemical,
biotechnology, and pharmaceutical
firms in the United States are being
significantly harmed by the limitations
of the Convention on access to, and
production of, ‘‘Schedule 1’’ chemicals,
BIS is seeking public comments on any
effects that implementation of the
Chemical Weapons Convention has had
on commercial activities involving
‘‘Schedule 1’’ chemicals through
calendar year 2005.
Submission of Comments
All comments must be submitted to
the address indicated in this notice. The
Department requires that all comments
be submitted in written form.
The Department encourages interested
persons who wish to comment to do so
at the earliest possible time. The period
for submission of comments will close
on December 6, 2005. The Department
will consider all comments received
before the close of the comment period.
Comments received after the end of the
comment period will be considered if
possible, but their consideration cannot
be assured. The Department will not
accept comments accompanied by a
request that a part or all of the material
be treated confidentially because of its
business proprietary nature or for any
other reason. The Department will
return such comments and materials to
the persons submitting the comments
and will not consider them. All
comments submitted in response to this
notice will be a matter of public record
and will be available for public
inspection and copying.
The Office of Administration, Bureau
of Industry and Security, U.S.
Department of Commerce, displays
public comments on the BIS Freedom of
Information Act (FOIA) Web site at
https://www.bis.doc.gov/foia. This office
does not maintain a separate public
inspection facility. If you have technical
difficulties accessing this Web site,
please call BIS’s Office of
Administration, at (202) 482–0637, for
assistance.
Dated: November 2, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 05–22159 Filed 11–7–05; 8:45 am]
BILLING CODE 3510–33–P
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DEPARTMENT OF COMMERCE
International Trade Administration
(A–533–502, A–583–008, A–549–502, A–489–
501, A–351–809, A–201–805, A–580–809, A–
583–814)
Certain Circular Welded Carbon Steel
Pipes and Tubes from India, Taiwan,
Thailand, and Turkey, and Circular
Welded Non–Alloy Steel Pipe from
Brazil, Republic of Korea, Mexico, and
Taiwan; Notice of Final Results of
Expedited Five–Year (‘‘Sunset’’)
Reviews of Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department Commerce.
SUMMARY: On July 1, 2005, the
Department of Commerce (‘‘the
Department’’) initiated the second
sunset reviews of the antidumping duty
orders on certain circular welded carbon
steel pipes and tubes from India,
Taiwan, Thailand, and Turkey, and
circular welded non–alloy steel pipe
from Brazil, Republic of Korea
(‘‘Korea’’), Mexico, and Taiwan,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’). On
the basis of a notice of intent to
participate and adequate substantive
responses filed on behalf of the
domestic interested parties and
inadequate response from respondent
interested parties, the Department has
conducted expedited sunset reviews of
these antidumping duty orders. As a
result of these sunset reviews, the
Department finds that revocation of the
antidumping duty orders would likely
lead to continuation or recurrence of
dumping at the level indicated in the
‘‘Final Results of Review’’ section of this
notice.
EFFECTIVE DATE: November 8, 2005.
FOR FURTHER INFORMATION CONTACT:
Dana Mermelstein, Antidumping/
Countervailing Duty Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC, 20230;
telephone:(202) 482–1391.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Pursuant to section 736 of the Tariff
Act of 1930, as amended (the Act), the
Department published in the Federal
Register the antidumping duty orders
on Certain Circular Welded Carbon
Steel Pipes and Tubes from India,
Taiwan, Thailand, Turkey, and Circular
Welded Non–Alloy Steel Pipe from
Brazil, Korea, Mexico, and Taiwan. See
Antidumping Duty Order; Certain
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Welded Carbon Steel Standard Pipes
and Tubes from India; 51 FR 17384
(May 12, 1986), Certain Circular Carbon
Welded Pipes and Tubes from Taiwan;
Antidumping Duty Order, 49 FR 19369
(May 7, 1984), Antidumping Duty Order;
Circular Welded Carbon Steel Pipes and
Tubes from Thailand; 51 FR 8341
(March 11, 1986), Antidumping Duty
Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51
FR 17784 (May 15, 1986), Antidumping
Duty Orders; Certain Welded Non Alloy
Steel Pipe from Brazil, Korea, and
Mexico and Amendment to Final
Determination of Sales at Less than Fair
Value; Certain Circular Welded Non
Alloy Steel Pipe from Korea, 57 FR
49453 (November 2, 1992);
Antidumping Duty Order: Circular
Welded Non Alloy Steel Pipe from
Taiwan, 57 FR 49454 (November 2,
1992).
Pursuant to section 751(c) of the Act,
on August 22, 2000, the Department
published the continuation notice of the
antidumping duty orders on Certain
Circular Welded Carbon Steel Pipes and
Tubes from India, Taiwan, Thailand,
Turkey, and Circular Welded Non–
Alloy Steel Pipe from Brazil, Korea,
Mexico, and Taiwan, after the ITC found
that revocation of the antidumping duty
orders would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonablely foreseeable
time.1
On July 1, 2005, the Department
published a notice of initiation of the
second sunset reviews of the
antidumping duty orders on Certain
Circular Welded Carbon Steel Pipes and
Tubes from India, Taiwan, Thailand,
Turkey, and Circular Welded Non–
Alloy Steel Pipe from Brazil, Korea,
Mexico, and Taiwan, pursuant to
section 751(c) of the Act.2
For each of these sunset reviews, the
Department received notice of intent to
participate from Allied Tube and
Conduit, Copperweld Corporation,
IPSCO Tubulars, Leavitt Tube Company,
Maverick Tube Corporation, Northwest
Pipe Company, Sharon Tube Company,
Western Tube and Conduit, and
Wheatland Tube Company (collectively,
‘‘the domestic interested parties’’),
within the deadline specified in section
1 See Continuation of Antidumping Duty Orders;
Light-Walled Rectangular Welded Carbon Steel Pipe
and Tube From Taiwan; Circular Welded Non Alloy
Steel Pipe and Tube from Brazil, Korea, Mexico,
and Taiwan; Welded Carbon Steel Pipe and Tube
From India, Thailand, and Turkey; and Small
Diameter Standard and Rectangular Steel Pipe and
Tube from Taiwan, 65 FR 50955 (August 22, 2000).
2 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
70 FR 38101 (July 1, 2005).
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16:11 Nov 07, 2005
Jkt 208001
351.218(d)(1)(i) of the Department’s
regulations. The domestic interested
parties claimed interested party status
under section 771(9)(C) of the Act as
U.S. producers of the subject
merchandise.
On June 29, 2005, we received
complete substantive responses to the
notice of initiation from the domestic
interested parties within the 30–day
deadline specified in section
351.218(d)(3)(i) of the Department’s
regulations. We did not receive any
responses from respondent interested
parties to these proceedings. On October
25, 2005, the Department received
amendments to the July 29, 2005,
substantive responses from the domestic
interested parties because Mariuchi
American Corporation was erroneously
included as one of the domestic
interested parties.
Based on these circumstances,
pursuant to section 751(c)(3)(B) of the
Act and section 351.218(e)(1)(ii)(C)(2) of
the Department’s regulations, the
Department has conducted expedited
sunset reviews of these antidumping
duty orders.
Scopes of the Antidumping Duty Orders
See Appendix 1
Analysis of Comments Received
All issues raised in these cases are
addressed in the Issues and Decision
Memorandum for Final Results of
Expedited Sunset Reviews of the
Antidumping Duty Orders on Certain
Circular Welded Carbon Steel Pipes and
Tubes from India, Taiwan, Thailand,
Turkey, and Circular Welded Non–Alloy
Steel Pipe from Brazil, Korea, Mexico,
and Taiwan from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration, (‘‘Decision Memo’’),
dated October 31, 2005, which is hereby
adopted by this notice. The issues
discussed in the Decision Memo include
the likelihood of continuation or
recurrence of dumping and the
magnitude of the margin likely to
prevail if the orders were revoked.
Parties can find a complete discussion
of all issues raised in these sunset
reviews and the corresponding
recommendations in this public memo,
which is on file in room B–099 of the
main Commerce Building.
In addition, a complete version of the
Decision Memo can be accessed directly
on the Web at https://ia.ita.doc.gov/frn,
under the heading ‘‘November 2005’’.
The paper copy and electronic version
of the Decision Memo are identical in
content.
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Final Results of Reviews
We determine that revocation of the
antidumping duty orders on Certain
Circular Welded Carbon Steel Pipes and
Tubes from India, Taiwan, Thailand,
Turkey, and Circular Welded Non–
Alloy Steel Pipe from Brazil, Korea,
Mexico, and Taiwan would likely lead
to continuation or recurrence of
dumping at the following weighted–
average percentage margins:
Manufacturers/Exporters/Producers
India (A–533–502).
Tata Iron and Steel
Company, Ltd. ...........
All Others ......................
Taiwan (A–583–008).
Kao Hsing Chang .........
Tai Feng .......................
Yieh Hsing ....................
All Others ......................
Thailand (A–549–502).
Saha Thai Steel Pipe
Co. .............................
Thai Steel Pipe Industry
Co. .............................
All Others ......................
Turkey (A–489–501).
Borusan Ithicat ve
Dagitim ......................
Erkboru Profil Sanayi ve
Ticaret .......................
Mannesmann–
Sumerbank Boru
Industrisi ....................
All Others ......................
Brazil (A–351–809).
Perisco Pizzamiglio S.A.
All Others ......................
Korea (A–580–809).
Hyundai Steel Pipe Co.,
Ltd .............................
Korea Steel Pipe Co.,
Ltd .............................
Masan Steel Tube
Works Co., Ltd ..........
Pusan Steel Pipe Co.,
Ltd. ............................
All Others ......................
Mexico (A–201–805).
HYLSA, S.A. de C.V. ....
All Others ......................
Taiwan (A–580–814).
Kao Hsing Chang Iron
and Steeel Corp. .......
Yieh Hsing Enterprise
Co., Ltd. ....................
All Others ......................
Weighted–average
margin (percent)
7.08
7.08
9.70
43.70
38.50
9.70
15.69
15.60
15.67
1.26
23.12
23.12
14.74
103.38
103.38
6.86
6.21
11.63
4.91
6.37
32.62
32.62
19.46
27.65
23.56
This notice serves as the only
reminder to parties subject to
administrative protective orders
(‘‘APO’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with section 351.305
of the Department’s regulations.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective order is
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hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act.
Dated: October 31, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
APPENDIX 1
Scopes of the Antidumping Duty Orders
India -- Welded Carbon Steel Pipe and
Tube (A–533–502)
The merchandise subject to this
antidumping duty order include circular
welded non–alloy steel pipe and tube,
of circular cross–section, but not more
than 406.4 millimeters (16 inches) in
outside diameter, regardless of wall
thickness, surface finish (black,
galvanized, or painted), or end finish
(plain end, beveled end, threaded, or
threaded and coupled). These pipe and
tube are generally known as standard
pipe, though they may also be called
structural or mechanical tubing in
certain applications. Standard pipe and
tube are intended for the low–pressure
conveyance of water, steam, natural gas,
air and other liquids and gases in
plumbing and heating systems, air–
conditioner 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 for protection of electrical wiring,
such as conduit shells. The scope is not
limited to standard pipe and fence
tubing or those types of mechanical and
structural pipe that are used in standard
pipe applications. All carbon–steel pipe
and tube within the physical
description outlined above are included
in the scope of this order, except for line
pipe, oil–country tubular goods, boiler
tubing, cold–drawn or cold–rolled
mechanical tubing, pipe and tube
hollows for redraws, finished
scaffolding, and finished rigid conduit.
Imports of the products covered by this
order are currently classifiable under
the following Harmonize Tariff
Schedule of the United States (HTSUS)
subheadings: 7306.30.10.00,
7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55,
7306.30.50.85, and 7306.30.50.90.
Taiwan -- Circular Welded Carbon Steel
Pipe and Tube (Small Diameter Carbon
Steel Pipe and Tube) (A–583–008)
The merchandise subject to this
antidumping duty order are shipments
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Jkt 208001
of certain circular welded carbon steel
pipe and tube. The Department defines
such merchandise as welded carbon
steel pipe and tube of circular cross
section, with walls not thinner than
0.065 inch and 0.375 inch or more but
not over 4 1/2 inches in outside
diameter. These products are commonly
referred to as ‘‘standard pipe’’ and are
produced to various American Society
for Testing Materials Specifications,
most notably A–53, A–120, or A–135.
Standard pipe is currently classified
under HTSUS item numbers
7306.30.5025, 7306.30.5032,
7306.30.5040, and 7306.30.5055.
Thailand -- Welded Carbon Steel Pipe
and Tube (A–549–502)
The merchandise subject to this
antidumping duty order is certain
circular welded carbon steel pipe and
tube, commonly referred to in the
industry as ‘‘standard pipe’’ or
‘‘structural tubing,’’ with walls not
thinner than 0.065 inches, and 0.375
inches or more, but not over 16 inches
in outside diameter. The subject
merchandise was classifiable under
items 610.3231, 610.3234, 610.3241,
610.3242, 610.3243, and 610.3252,
610.3254, 610.3256, 610.3258, 610.4925
of the Tariff Schedule of the United
States of America (TSUSA). Currently, it
is classifiable under item numbers
7306.30.1000, 7306.30.5025,
7306.30.5032, and 7306.30.5040,
7306.30.5055, 7306.30.5085 and
7306.30.5090 of the HTSUS. There was
one scope ruling in which British
Standard light pipe 387/67, Class A–1
was found to be within the scope of the
order per remand (58 FR 27542, May 10,
1993).
Turkey -- Welded Carbon Steel Pipe and
Tube (A–489–501)
The merchandise subject to this
antidumping duty order includes
circular welded non–alloy steel pipe
and tube, of circular cross–section, not
more than 16 inches in outside
diameter, regardless of wall thickness,
surface finish (black, galvanized, or
painted) or end finish (plain end,
beveled end, threaded, or threaded and
coupled). These pipe and tube are
generally known as standard pipe,
though they may also be called
structural or mechanical tubing in
certain applications. Standard pipe and
tube are intended for the low–pressure
conveyance of water, steam, natural gas,
air and other liquids and gases in
plumbing and heating systems, air–
conditioner units, automatic sprinkler
systems, and other related uses.
Standard pipe may also be used for light
load–bearing and mechanical
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applications, such as for fence tubing,
and for protections of electrical wiring,
such as conduit shells. The scope is not
limited to standard pipe and fence
tubing or those types of mechanical and
structural pipe that are used in standard
pipe applications. All carbon steel pipe
and tube within the physical
description outline above are included
in the scope of this review, except for
line pipe, oil country tubular goods,
boiler tubing, cold–drawn or cold–
rolled mechanical tubing, pipe and tube
hollows for redraws, finished
scaffolding, and finished rigid conduit.
The subject merchandise was
classifiable under items 610.3231,
610.3234, 610.3241, 610.3242, 610.3243,
and 610.3252, 610.3254, 610.3256,
610.3258, 610.4925 of the TSUSA;
currently, it is classifiable under item
numbers 7306.30.1000, 7306.30.5025,
7306.30.5032, and 7306.30.5040,
7306.30.5055, 7306.30.5085 and
7306.30.5090 of the HTSUS.
Brazil, Korea and Mexico -- Circular
Welded Non–Alloy Steel Pipe and Tube
(A–351- 809, A–580–809, A–201–805)
The products covered by this order are
circular welded non–alloy steel pipes
and tubes, of circular cross–section, not
more than 406.4 millimeters (16 inches)
in outside diameter, regardless of wall
thickness, surface finish (black,
galvanized, or painted), or end finish
(plain end, beveled end, threaded, or
threaded and coupled). These pipes and
tubes are generally known as standard
pipes and tubes and are intended for the
low pressure conveyance of water,
steam, natural gas, and other liquids and
gases in plumbing and heating systems,
air conditioning units, automatic
sprinkler systems, and other related
uses, and generally meet ASTM A–53
specifications. Standard pipe may also
be used for light load–bearing
applications, such as for fence tubing,
and as structural pipe tubing used for
framing and support members for
reconstruction or load–bearing purposes
in the construction, shipbuilding,
trucking, farm equipment, and related
industries. Unfinished conduit pipe is
also included in these orders. All carbon
steel pipes and tubes within the
physical description outlined above are
included within the scope of this order,
except line pipe, oil country tubular
goods, boiler tubing, mechanical tubing,
pipe and tube hollows for redraws,
finished scaffolding, and finished
conduit. Standard pipe that is dual or
triple certified/stenciled that enters the
U.S. as line pipe of a kind used for oil
or gas pipelines is also not included in
this order.
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Imports of the products covered by this
order are currently classifiable under
the following Harmonized Tariff
Schedule (HTS) subheadings:
7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40,
7306.30.50.55, 7306.30.50.85, and
7306.30.50.90.
Although the HTS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this order is dispositive.
Taiwan -- Circular Welded Non–Alloy
Steel Pipe and Tube (A–583–814)
The products covered by this order are
(1) circular welded non–alloy steel
pipes and tubes, of circular cross section
over 114.3 millimeters (4.5 inches), but
not over 406.4 millimeters (16 inches) in
outside diameter, with a wall thickness
of 1.65 millimeters (0.065 inches) or
more, regardless of surface finish (black,
galvanized, or painted), or end–finish
(plain end, beveled end, threaded, or
threaded and coupled); and (2) circular
welded non–alloy steel pipes and tubes,
of circular cross–section less than 406.4
millimeters (16 inches), with a wall
thickness of less than 1.65 millimeters
(0.065 inches), regardless of surface
finish (black, galvanized, or painted) or
end–finish (plain end, beveled end,
threaded, or threaded and coupled).
These pipes and tubes are generally
known as standard pipes and tubes and
are intended for the low pressure
conveyance of water, steam, natural gas,
air, and other liquids and gases in
plumbing and heating systems, air
conditioning units, automatic sprinkling
systems, and other related uses, and
generally meet ASTM A–53
specifications. Standard pipe may also
be used for light load–bearing
applications, such as for fence–tubing
and as structural pipe tubing used for
framing and support members for
construction, or load–bearing purposes
in the construction, shipbuilding,
trucking, farm–equipment, and related
industries. Unfinished conduit pipe is
also included in this order. All carbon
steel pipes and tubes within the
physical description outlined above are
included within the scope of this
investigation, except line pipe, oil
country tubular goods, boiler tubing,
mechanical tubing, pipe and tube
hollows for redraws, finished
scaffolding, and finished conduit.
Standard pipe that is dual or triple
certified/stenciled that enters the U.S. as
line pipe of a kind or used for oil and
gas pipelines is also not included in this
investigation.
Imports of the products covered by this
order are currently classifiable under
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16:11 Nov 07, 2005
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the following Harmonized Tariff
Schedule (HTS) subheadings,
7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40,
7306.30.50.55, 7306.30.50.85,
7306.30.50.90.
Although the HTS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this proceeding is dispositive.
[FR Doc. 05–22241 Filed 11–7–05; 8:45 am]
BILLING CODE: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–807]
Certain Steel Concrete Reinforcing
Bars From Turkey; Final Results,
Rescission of Antidumping Duty
Administrative Review in Part, and
Determination To Revoke in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 6, 2005, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
steel concrete reinforcing bars (rebar)
from Turkey (70 FR 23990). This review
covers four producers/exporters of the
subject merchandise to the United
States. The period of review (POR) is
April 1, 2003, through March 31, 2004.
We are rescinding the review with
respect to 18 companies because they
had no shipments of subject
merchandise to the United States during
the POR. In addition, we have
determined to revoke the antidumping
duty order with respect to an additional
exporter, ICDAS Celik Enerji Tersane ve
Ulasim Sanayi, A.S. (ICDAS).
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 margins for
the reviewed firms are listed below in
the section entitled ‘‘Final Results of
Review.’’
AGENCY:
EFFECTIVE DATE:
November 8, 2005.
Irina
Itkin or Alice Gibbons, Office of AD/
CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC, 20230;
telephone (202) 482–0656 and (202)
482–0498, respectively.
FOR FURTHER INFORMATION CONTACT:
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67665
SUPPLEMENTARY INFORMATION:
Background
This review covers the following four
producers/exporters: Colakoglu
Metalurji A.S. and Colakoglu Dis Ticaret
(collectively ‘‘Colakoglu’’); Diler Demir
Celik Endustrisi ve Ticaret A.S., Yazici
Demir Celik Sanayi ve Ticaret A.S., and
Diler Dis Ticaret A.S. (collectively
‘‘Diler’’); Habas Tibbi ve Sinai Gazlar
Istihsal Endustrisi A.S. (Habas); and
ICDAS.
On May 6, 2005, the Department
published in the Federal Register the
preliminary results of administrative
review of the antidumping duty order
on rebar from Turkey. See Certain Steel
Concrete Reinforcing Bars from Turkey;
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review and Notice of
Intent To Revoke in Part, 70 FR 23990
(May 6, 2005) (Preliminary Results).
Prior to the preliminary results, the
following companies informed the
Department that they had no shipments
to the United States during the POR:
Cebitas Demir Celik Endustrisi A.S.
(Cebitas); Cemtas Celik Makina Sanayi
ve Ticaret A.S. (Cemtas); Demirsan
Haddecilik Sanayi ve Ticaret A.S.
(Demirsan); Ege Celik Endustrisi Sanayi
ve Ticaret A.S. (Ege Celik); Ekinciler
Holding A.S. and Ekinciler Demir Celik
San A.S. (collectively ‘‘Ekinciler’’);
Iskenderun Iron & Steel Works Co.
(Iskenderun); Izmir Demir Celik Sanayi
A.S. (Izmir); Kaptan Demir Celik
Endustrisi ve Ticaret A.S. (Kaptan);
Metas Izmir Metalurji Fabrikasi Turk
A.S. (Metas); Nurmet Celik Sanayi ve
Ticaret A.S. (Nurmet); Nursan Celik
Sanayi ve Haddecilik A.S. (Nursan);
Sivas Demir Celik Isletmeleri A.S.
(Sivas); and Tosyali Demir Celik Sanayi
A.S. (Tosyali). We reviewed U.S.
Customs and Border Protection (CBP)
data and confirmed that there were no
entries of subject merchandise from any
of these companies. We also confirmed
with CBP data that Ege Metal Demir
Celik Sanayi ve Ticaret A.S. (Ege Metal);
Kardemir--Karabuk Demir Celik Sanayi
ve Ticaret A.S. (Karabuk); Kroman Celik
Sanayi A.S. (Kroman); Kurum Demir
Sanayi ve Ticaret Metalenerji A.S.
(Kurum); and Ucel Haddecilik Sanayi ve
Ticaret A.S. (Ucel) did not have entries
of subject merchandise during the POR.
Consequently, in accordance with 19
CFR 351.213(d)(3) and consistent with
our practice, we are rescinding our
review for Cebitas, Cemtas, Demirsan,
Ege Celik, Ege Metal, Ekinciler,
Iskenderun, Izmir, Kaptan, Karabuk,
Kroman, Kurum, Metas, Nurmet,
Nursan, Sivas, Tosyali, and Ucel. For
further discussion, see the ‘‘Partial
E:\FR\FM\08NON1.SGM
08NON1
]]>Agencies
[Federal Register Volume 70, Number 215 (Tuesday, November 8, 2005)]
[Notices]
[Pages 67662-67665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22241]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-533-502, A-583-008, A-549-502, A-489-501, A-351-809, A-201-805, A-
580-809, A-583-814)
Certain Circular Welded Carbon Steel Pipes and Tubes from India,
Taiwan, Thailand, and Turkey, and Circular Welded Non-Alloy Steel Pipe
from Brazil, Republic of Korea, Mexico, and Taiwan; Notice of Final
Results of Expedited Five-Year (``Sunset'') Reviews of Antidumping Duty
Orders
AGENCY: Import Administration, International Trade Administration,
Department Commerce.
SUMMARY: On July 1, 2005, the Department of Commerce (``the
Department'') initiated the second sunset reviews of the antidumping
duty orders on certain circular welded carbon steel pipes and tubes
from India, Taiwan, Thailand, and Turkey, and circular welded non-alloy
steel pipe from Brazil, Republic of Korea (``Korea''), Mexico, and
Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (``the Act''). On the basis of a notice of intent to
participate and adequate substantive responses filed on behalf of the
domestic interested parties and inadequate response from respondent
interested parties, the Department has conducted expedited sunset
reviews of these antidumping duty orders. As a result of these sunset
reviews, the Department finds that revocation of the antidumping duty
orders would likely lead to continuation or recurrence of dumping at
the level indicated in the ``Final Results of Review'' section of this
notice.
EFFECTIVE DATE: November 8, 2005.
FOR FURTHER INFORMATION CONTACT: Dana Mermelstein, Antidumping/
Countervailing Duty Operations, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC, 20230; telephone:(202) 482-
1391.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to section 736 of the Tariff Act of 1930, as amended (the
Act), the Department published in the Federal Register the antidumping
duty orders on Certain Circular Welded Carbon Steel Pipes and Tubes
from India, Taiwan, Thailand, Turkey, and Circular Welded Non-Alloy
Steel Pipe from Brazil, Korea, Mexico, and Taiwan. See Antidumping Duty
Order; Certain
[[Page 67663]]
Welded Carbon Steel Standard Pipes and Tubes from India; 51 FR 17384
(May 12, 1986), Certain Circular Carbon Welded Pipes and Tubes from
Taiwan; Antidumping Duty Order, 49 FR 19369 (May 7, 1984), Antidumping
Duty Order; Circular Welded Carbon Steel Pipes and Tubes from Thailand;
51 FR 8341 (March 11, 1986), Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products from Turkey, 51 FR 17784 (May 15,
1986), Antidumping Duty Orders; Certain Welded Non Alloy Steel Pipe
from Brazil, Korea, and Mexico and Amendment to Final Determination of
Sales at Less than Fair Value; Certain Circular Welded Non Alloy Steel
Pipe from Korea, 57 FR 49453 (November 2, 1992); Antidumping Duty
Order: Circular Welded Non Alloy Steel Pipe from Taiwan, 57 FR 49454
(November 2, 1992).
Pursuant to section 751(c) of the Act, on August 22, 2000, the
Department published the continuation notice of the antidumping duty
orders on Certain Circular Welded Carbon Steel Pipes and Tubes from
India, Taiwan, Thailand, Turkey, and Circular Welded Non-Alloy Steel
Pipe from Brazil, Korea, Mexico, and Taiwan, after the ITC found that
revocation of the antidumping duty orders would be likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonablely foreseeable time.\1\
---------------------------------------------------------------------------
\1\ See Continuation of Antidumping Duty Orders; Light-Walled
Rectangular Welded Carbon Steel Pipe and Tube From Taiwan; Circular
Welded Non Alloy Steel Pipe and Tube from Brazil, Korea, Mexico, and
Taiwan; Welded Carbon Steel Pipe and Tube From India, Thailand, and
Turkey; and Small Diameter Standard and Rectangular Steel Pipe and
Tube from Taiwan, 65 FR 50955 (August 22, 2000).
---------------------------------------------------------------------------
On July 1, 2005, the Department published a notice of initiation of
the second sunset reviews of the antidumping duty orders on Certain
Circular Welded Carbon Steel Pipes and Tubes from India, Taiwan,
Thailand, Turkey, and Circular Welded Non-Alloy Steel Pipe from Brazil,
Korea, Mexico, and Taiwan, pursuant to section 751(c) of the Act.\2\
---------------------------------------------------------------------------
\2\ See Initiation of Five-Year (``Sunset'') Reviews, 70 FR
38101 (July 1, 2005).
---------------------------------------------------------------------------
For each of these sunset reviews, the Department received notice of
intent to participate from Allied Tube and Conduit, Copperweld
Corporation, IPSCO Tubulars, Leavitt Tube Company, Maverick Tube
Corporation, Northwest Pipe Company, Sharon Tube Company, Western Tube
and Conduit, and Wheatland Tube Company (collectively, ``the domestic
interested parties''), within the deadline specified in section
351.218(d)(1)(i) of the Department's regulations. The domestic
interested parties claimed interested party status under section
771(9)(C) of the Act as U.S. producers of the subject merchandise.
On June 29, 2005, we received complete substantive responses to the
notice of initiation from the domestic interested parties within the
30-day deadline specified in section 351.218(d)(3)(i) of the
Department's regulations. We did not receive any responses from
respondent interested parties to these proceedings. On October 25,
2005, the Department received amendments to the July 29, 2005,
substantive responses from the domestic interested parties because
Mariuchi American Corporation was erroneously included as one of the
domestic interested parties.
Based on these circumstances, pursuant to section 751(c)(3)(B) of
the Act and section 351.218(e)(1)(ii)(C)(2) of the Department's
regulations, the Department has conducted expedited sunset reviews of
these antidumping duty orders.
Scopes of the Antidumping Duty Orders
See Appendix 1
Analysis of Comments Received
All issues raised in these cases are addressed in the Issues and
Decision Memorandum for Final Results of Expedited Sunset Reviews of
the Antidumping Duty Orders on Certain Circular Welded Carbon Steel
Pipes and Tubes from India, Taiwan, Thailand, Turkey, and Circular
Welded Non-Alloy Steel Pipe from Brazil, Korea, Mexico, and Taiwan from
Stephen J. Claeys, Deputy Assistant Secretary for Import
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for
Import Administration, (``Decision Memo''), dated October 31, 2005,
which is hereby adopted by this notice. The issues discussed in the
Decision Memo include the likelihood of continuation or recurrence of
dumping and the magnitude of the margin likely to prevail if the orders
were revoked. Parties can find a complete discussion of all issues
raised in these sunset reviews and the corresponding recommendations in
this public memo, which is on file in room B-099 of the main Commerce
Building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at https://ia.ita.doc.gov/frn, under the
heading ``November 2005''. The paper copy and electronic version of the
Decision Memo are identical in content.
Final Results of Reviews
We determine that revocation of the antidumping duty orders on
Certain Circular Welded Carbon Steel Pipes and Tubes from India,
Taiwan, Thailand, Turkey, and Circular Welded Non-Alloy Steel Pipe from
Brazil, Korea, Mexico, and Taiwan would likely lead to continuation or
recurrence of dumping at the following weighted-average percentage
margins:
------------------------------------------------------------------------
Weighted-average
Manufacturers/Exporters/Producers margin (percent)
------------------------------------------------------------------------
India (A-533-502)...................................
Tata Iron and Steel Company, Ltd.................... 7.08
All Others.......................................... 7.08
Taiwan (A-583-008)..................................
Kao Hsing Chang..................................... 9.70
Tai Feng............................................ 43.70
Yieh Hsing.......................................... 38.50
All Others.......................................... 9.70
Thailand (A-549-502)................................
Saha Thai Steel Pipe Co............................. 15.69
Thai Steel Pipe Industry Co......................... 15.60
All Others.......................................... 15.67
Turkey (A-489-501)..................................
Borusan Ithicat ve Dagitim.......................... 1.26
Erkboru Profil Sanayi ve Ticaret.................... 23.12
Mannesmann-Sumerbank Boru Industrisi................ 23.12
All Others.......................................... 14.74
Brazil (A-351-809)..................................
Perisco Pizzamiglio S.A............................. 103.38
All Others.......................................... 103.38
Korea (A-580-809)...................................
Hyundai Steel Pipe Co., Ltd......................... 6.86
Korea Steel Pipe Co., Ltd........................... 6.21
Masan Steel Tube Works Co., Ltd..................... 11.63
Pusan Steel Pipe Co., Ltd........................... 4.91
All Others.......................................... 6.37
Mexico (A-201-805)..................................
HYLSA, S.A. de C.V.................................. 32.62
All Others.......................................... 32.62
Taiwan (A-580-814)..................................
Kao Hsing Chang Iron and Steeel Corp................ 19.46
Yieh Hsing Enterprise Co., Ltd...................... 27.65
All Others.......................................... 23.56
------------------------------------------------------------------------
This notice serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's regulations.
Timely notification of the return or destruction of APO materials
or conversion to judicial protective order is
[[Page 67664]]
hereby requested. Failure to comply with the regulations and terms of
an APO is a violation which is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: October 31, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
APPENDIX 1
Scopes of the Antidumping Duty Orders
India -- Welded Carbon Steel Pipe and Tube (A-533-502)
The merchandise subject to this antidumping duty order include circular
welded non-alloy steel pipe and tube, of circular cross-section, but
not more than 406.4 millimeters (16 inches) in outside diameter,
regardless of wall thickness, surface finish (black, galvanized, or
painted), or end finish (plain end, beveled end, threaded, or threaded
and coupled). These pipe and tube are generally known as standard pipe,
though they may also be called structural or mechanical tubing in
certain applications. Standard pipe and tube are intended for the low-
pressure conveyance of water, steam, natural gas, air and other liquids
and gases in plumbing and heating systems, air-conditioner 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 for protection of electrical wiring, such as
conduit shells. The scope is not limited to standard pipe and fence
tubing or those types of mechanical and structural pipe that are used
in standard pipe applications. All carbon-steel pipe and tube within
the physical description outlined above are included in the scope of
this order, except for line pipe, oil-country tubular goods, boiler
tubing, cold-drawn or cold-rolled mechanical tubing, pipe and tube
hollows for redraws, finished scaffolding, and finished rigid conduit.
Imports of the products covered by this order are currently
classifiable under the following Harmonize Tariff Schedule of the
United States (HTSUS) subheadings: 7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and
7306.30.50.90.
Taiwan -- Circular Welded Carbon Steel Pipe and Tube (Small Diameter
Carbon Steel Pipe and Tube) (A-583-008)
The merchandise subject to this antidumping duty order are shipments of
certain circular welded carbon steel pipe and tube. The Department
defines such merchandise as welded carbon steel pipe and tube of
circular cross section, with walls not thinner than 0.065 inch and
0.375 inch or more but not over 4 1/2 inches in outside diameter. These
products are commonly referred to as ``standard pipe'' and are produced
to various American Society for Testing Materials Specifications, most
notably A-53, A-120, or A-135. Standard pipe is currently classified
under HTSUS item numbers 7306.30.5025, 7306.30.5032, 7306.30.5040, and
7306.30.5055.
Thailand -- Welded Carbon Steel Pipe and Tube (A-549-502)
The merchandise subject to this antidumping duty order is certain
circular welded carbon steel pipe and tube, commonly referred to in the
industry as ``standard pipe'' or ``structural tubing,'' with walls not
thinner than 0.065 inches, and 0.375 inches or more, but not over 16
inches in outside diameter. The subject merchandise was classifiable
under items 610.3231, 610.3234, 610.3241, 610.3242, 610.3243, and
610.3252, 610.3254, 610.3256, 610.3258, 610.4925 of the Tariff Schedule
of the United States of America (TSUSA). Currently, it is classifiable
under item numbers 7306.30.1000, 7306.30.5025, 7306.30.5032, and
7306.30.5040, 7306.30.5055, 7306.30.5085 and 7306.30.5090 of the HTSUS.
There was one scope ruling in which British Standard light pipe 387/67,
Class A-1 was found to be within the scope of the order per remand (58
FR 27542, May 10, 1993).
Turkey -- Welded Carbon Steel Pipe and Tube (A-489-501)
The merchandise subject to this antidumping duty order includes
circular welded non-alloy steel pipe and tube, of circular cross-
section, not more than 16 inches in outside diameter, regardless of
wall thickness, surface finish (black, galvanized, or painted) or end
finish (plain end, beveled end, threaded, or threaded and coupled).
These pipe and tube are generally known as standard pipe, though they
may also be called structural or mechanical tubing in certain
applications. Standard pipe and tube are intended for the low-pressure
conveyance of water, steam, natural gas, air and other liquids and
gases in plumbing and heating systems, air-conditioner 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 for protections of electrical wiring, such as conduit
shells. The scope is not limited to standard pipe and fence tubing or
those types of mechanical and structural pipe that are used in standard
pipe applications. All carbon steel pipe and tube within the physical
description outline above are included in the scope of this review,
except for line pipe, oil country tubular goods, boiler tubing, cold-
drawn or cold-rolled mechanical tubing, pipe and tube hollows for
redraws, finished scaffolding, and finished rigid conduit. The subject
merchandise was classifiable under items 610.3231, 610.3234, 610.3241,
610.3242, 610.3243, and 610.3252, 610.3254, 610.3256, 610.3258,
610.4925 of the TSUSA; currently, it is classifiable under item numbers
7306.30.1000, 7306.30.5025, 7306.30.5032, and 7306.30.5040,
7306.30.5055, 7306.30.5085 and 7306.30.5090 of the HTSUS.
Brazil, Korea and Mexico -- Circular Welded Non-Alloy Steel Pipe and
Tube (A-351- 809, A-580-809, A-201-805)
The products covered by this order are circular welded non-alloy steel
pipes and tubes, of circular cross-section, not more than 406.4
millimeters (16 inches) in outside diameter, regardless of wall
thickness, surface finish (black, galvanized, or painted), or end
finish (plain end, beveled end, threaded, or threaded and coupled).
These pipes and tubes are generally known as standard pipes and tubes
and are intended for the low pressure conveyance of water, steam,
natural gas, and other liquids and gases in plumbing and heating
systems, air conditioning units, automatic sprinkler systems, and other
related uses, and generally meet ASTM A-53 specifications. Standard
pipe may also be used for light load-bearing applications, such as for
fence tubing, and as structural pipe tubing used for framing and
support members for reconstruction or load-bearing purposes in the
construction, shipbuilding, trucking, farm equipment, and related
industries. Unfinished conduit pipe is also included in these orders.
All carbon steel pipes and tubes within the physical description
outlined above are included within the scope of this order, except line
pipe, oil country tubular goods, boiler tubing, mechanical tubing, pipe
and tube hollows for redraws, finished scaffolding, and finished
conduit. Standard pipe that is dual or triple certified/stenciled that
enters the U.S. as line pipe of a kind used for oil or gas pipelines is
also not included in this order.
[[Page 67665]]
Imports of the products covered by this order are currently
classifiable under the following Harmonized Tariff Schedule (HTS)
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90.
Although the HTS subheadings are provided for convenience and customs
purposes, our written description of the scope of this order is
dispositive.
Taiwan -- Circular Welded Non-Alloy Steel Pipe and Tube (A-583-814)
The products covered by this order are (1) circular welded non-alloy
steel pipes and tubes, of circular cross section over 114.3 millimeters
(4.5 inches), but not over 406.4 millimeters (16 inches) in outside
diameter, with a wall thickness of 1.65 millimeters (0.065 inches) or
more, regardless of surface finish (black, galvanized, or painted), or
end-finish (plain end, beveled end, threaded, or threaded and coupled);
and (2) circular welded non-alloy steel pipes and tubes, of circular
cross-section less than 406.4 millimeters (16 inches), with a wall
thickness of less than 1.65 millimeters (0.065 inches), regardless of
surface finish (black, galvanized, or painted) or end-finish (plain
end, beveled end, threaded, or threaded and coupled). These pipes and
tubes are generally known as standard pipes and tubes and are intended
for the low pressure conveyance of water, steam, natural gas, air, and
other liquids and gases in plumbing and heating systems, air
conditioning units, automatic sprinkling systems, and other related
uses, and generally meet ASTM A-53 specifications. Standard pipe may
also be used for light load-bearing applications, such as for fence-
tubing and as structural pipe tubing used for framing and support
members for construction, or load-bearing purposes in the construction,
shipbuilding, trucking, farm-equipment, and related industries.
Unfinished conduit pipe is also included in this order. All carbon
steel pipes and tubes within the physical description outlined above
are included within the scope of this investigation, except line pipe,
oil country tubular goods, boiler tubing, mechanical tubing, pipe and
tube hollows for redraws, finished scaffolding, and finished conduit.
Standard pipe that is dual or triple certified/stenciled that enters
the U.S. as line pipe of a kind or used for oil and gas pipelines is
also not included in this investigation.
Imports of the products covered by this order are currently
classifiable under the following Harmonized Tariff Schedule (HTS)
subheadings, 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, 7306.30.50.90.
Although the HTS subheadings are provided for convenience and customs
purposes, our written description of the scope of this proceeding is
dispositive.
[FR Doc. 05-22241 Filed 11-7-05; 8:45 am]
BILLING CODE: 3510-DS-S
