Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Mexico: Notice of Intent to Rescind Administrative Review, 16556-16558 [E6-4741]
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16556
Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Notices
Department will issue appropriate
assessment instructions directly to CBP
within 15 days of publication of this
notice.
Cash Deposit Rates
For Duferco, the cash deposit rate will
continue to be 29.41 percent. See
Certain Hot–Rolled Carbon Steel Flat
Products, Certain Cold–Rolled Carbon
Steel Flat Products, Certain Corrosion–
Resistant Carbon Steel Flat Products,
and Certain Cut–to-Length Carbon Steel
Plate From France; Notice of Final Court
Decision and Amended Final
Determinations, 61 FR 51274, October 1,
1996. This cash deposit rate shall
remain in effect until publication of the
final results of the next administrative
review involving Duferco.
Notification to Importers
This notice serves as a 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 the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Orders
wwhite on PROD1PC61 with NOTICES
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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 terms of an APO is a violation
which is subject to sanction.
This notice is published in
accordance with section 777(i) of the
Act and section 351.213(d)(4) of the
Department’s regulations.
Dated: March 24, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–4742 Filed 3–31–06; 8:45 am]
BILLING CODE 3510–DS–S
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–331–802]
Notice of Extension of Time Limit for
the Preliminary Results of New Shipper
Review: Certain Frozen Warmwater
Shrimp from Ecuador
Import Administration,
International Trade Administration,
Department of Commerce
EFFECTIVE DATE: April 3, 2006.
FOR FURTHER INFORMATION CONTACT:
David J. Goldberger or Gemal Brangman,
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) 482–4136 or (202) 482–
3773, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 3, 2005, the Department
of Commerce (‘‘the Department’’)
published the notice of initiation of this
new shipper review of the antidumping
duty order on frozen warmwater shrimp
from Ecuador, covering the period
August 4, 2004, through July 31, 2005.
See Notice of Initiation of New Shipper
Antidumping Duty Review: Certain
Frozen Warmwater Shrimp from
Ecuador, 70 FR 57562 (October 3, 2005).
The preliminary results for this new
shipper review are currently due no
later than March 27, 2006.
Extension of Time Limits for
Preliminary Results
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
and 19 CFR 351.214(i)(2), require the
Department to issue preliminary results
within 180 days after the date on which
the new shipper review was initiated.
However, if the Department concludes
that the case is extraordinarily
complicated, section 751(a)(2)(B)(iv) of
the Act and 19 CFR 351.214(i)(2) allow
the Department to extend the 180-day
period to a maximum of 300 days.
Pursuant to section 751(a)(2)(B)(iv) of
the Act and 19 CFR 351.214(i)(2), the
Department determines that this
review is extraordinarily complicated.
In particular, we recently issued the
verification report and have determined
that additional time is needed to fully
evaluate items raised in the report,
including the basis for normal value.
Accordingly, we are extending the time
period for issuing the preliminary
results of review by an additional 120
days, or until July 26, 2006, in
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accordance with section 751(a)(2)(B)(iv)
of the Act and 19 CFR 351.214(i)(2). The
final results will be due 90 days after
the date of issuance of the preliminary
results, unless extended.
We are issuing and publishing this
notice in accordance with sections
751(a)(2) and 777(i)(1) of the Act.
Dated: March 24, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E6–4743 Filed 3–31–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–827]
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line and
Pressure Pipe from Mexico: Notice of
Intent to Rescind Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 28, 2005, we
published the notice of initiation of this
antidumping duty administrative review
with respect to Tubos de Acero de
Mexico, S.A. (‘‘TAMSA’’). See Initiation
of Antidumping and Countervailing
Duty Administrative Reviews and
Request for Revocation in Part, 70 FR
56631 (September 28, 2005). We have
preliminarily determined that the
review of TAMSA should be rescinded.
EFFECTIVE DATE: April 3, 2006.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or George McMahon, AD/
CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 480–5075 or (202) 482–
1167, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 1, 2005, the Department of
Commerce (‘‘the Department’’)
published in the Federal Register the
notice of the ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on certain large
diameter carbon and alloy seamless
standard, line, and pressure pipe
(‘‘SLP’’) from Mexico, for the period
August 1, 2004, through July 31, 2005
(70 FR 44085). On October 19, 2005, we
received a request from the petitioner1
1 The petitioner is United States Steel
Corporation.
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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Notices
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to review TAMSA. On September 28,
2005, we published the notice of
initiation of this antidumping duty
administrative review with respect to
TAMSA. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 70 FR 56631 (September 28, 2005).
On October 27, 2005, TAMSA submitted
a letter certifying that neither TAMSA
nor its U.S. affiliate, Tenaris Global
Services USA (‘‘Tenaris’’), directly or
indirectly, exported or sold for
consumption in the United States any
subject merchandise during the period
of review (‘‘POR’’).
Scope of the Order
The products covered are large
diameter seamless carbon and alloy
(other than stainless) steel standard,
line, and pressure pipes produced, or
equivalent, to the American Society for
Testing and Materials (‘‘ASTM’’) A–53,
ASTM A–106, ASTM A–333, ASTM A–
334, ASTM A–589, ASTM A–795, and
the American Petroleum Institute
(‘‘API’’) 5L specifications and meeting
the physical parameters described
below, regardless of application, with
the exception of the exclusions
discussed below. The scope of this order
also includes all other products used in
standard, line, or pressure pipe
applications and meeting the physical
parameters described below, regardless
of specification, with the exception of
the exclusions discussed below.
Specifically included within the scope
of this order are seamless pipes greater
than 4.5 inches (114.3 mm) up to and
including 16 inches (406.4 mm) in
outside diameter, regardless of wall–
thickness, manufacturing process (hot
finished or cold–drawn), end finish
(plain end, beveled end, upset end,
threaded, or threaded and coupled), or
surface finish.
The seamless pipes subject to this
order are currently classifiable under
subheadings 7304.10.10.30,
7304.10.10.45, 7304.10.10.60,
7304.10.50.50, 7304.31.60.50,
7304.39.00.36 7304.39.00.40,
7304.39.00.44, 7304.39.00.48,
7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68,
7304.39.00.72, 7304.51.50.60,
7304.59.60.00, 7304.59.80.30,
7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60,
7304.59.80.65, and 7304.59.80.70 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).
Specifications, Characteristics, and
Uses: Large diameter seamless pipe is
used primarily for line applications
such as oil, gas, or water pipeline, or
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Jkt 208001
utility distribution systems. Seamless
pressure pipes are intended for the
conveyance of water, steam,
petrochemicals, chemicals, oil products,
natural gas and other liquids and gasses
in industrial piping systems. They may
carry these substances at elevated
pressures and temperatures and may be
subject to the application of external
heat. Seamless carbon steel pressure
pipe meeting the ASTM A–106 standard
may be used in temperatures of up to
1000 degrees Fahrenheit, at various
American Society of Mechanical
Engineers (‘‘ASME’’) code stress levels.
Alloy pipes made to ASTM A–335
standard must be used if temperatures
and stress levels exceed those allowed
for ASTM A–106. Seamless pressure
pipes sold in the United States are
commonly produced to the ASTM A–
106 standard.
Seamless standard pipes are most
commonly produced to the ASTM A–53
specification and generally are not
intended for high temperature service.
They are intended for the low
temperature and pressure conveyance of
water, steam, natural gas, air and other
liquids and gasses in plumbing and
heating systems, air conditioning units,
automatic sprinkler systems, and other
related uses. Standard pipes (depending
on type and code) may carry liquids at
elevated temperatures but must not
exceed relevant ASME code
requirements. If exceptionally low
temperature uses or conditions are
anticipated, standard pipe may be
manufactured to ASTM A–333 or ASTM
A–334 specifications.
Seamless line pipes are intended for
the conveyance of oil and natural gas or
other fluids in pipe lines. Seamless line
pipes are produced to the API 5L
specification.
Seamless water well pipe (ASTM A–
589) and seamless galvanized pipe for
fire protection uses (ASTM A–795) are
used for the conveyance of water.
Seamless pipes are commonly
produced and certified to meet ASTM
A–106, ASTM A–53, API 5L–B, and API
5L–X42 specifications. To avoid
maintaining separate production runs
and separate inventories, manufacturers
typically triple or quadruple certify the
pipes by meeting the metallurgical
requirements and performing the
required tests pursuant to the respective
specifications. Since distributors sell the
vast majority of this product, they can
thereby maintain a single inventory to
service all customers.
The primary application of ASTM A–
106 pressure pipes and triple or
quadruple certified pipes in large
diameters is for use as oil and gas
distribution lines for commercial
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16557
applications. A more minor application
for large diameter seamless pipes is for
use in pressure piping systems by
refineries, petrochemical plants, and
chemical plants, as well as in power
generation plants and in some oil field
uses (on shore and off shore) such as for
separator lines, gathering lines and
metering runs. These applications
constitute the majority of the market for
the subject seamless pipes. However,
ASTM A–106 pipes may be used in
some boiler applications.
The scope of this order includes all
seamless pipe meeting the physical
parameters described above and
produced to one of the specifications
listed above, regardless of application,
with the exception of the exclusions
discussed below, whether or not also
certified to a non–covered specification.
Standard, line, and pressure
applications and the above–listed
specifications are defining
characteristics of the scope of this
investigation. Therefore, seamless pipes
meeting the physical description above,
but not produced to the ASTM A–53,
ASTM A–106, ASTM A–333, ASTM A–
334, ASTM A–589, ASTM A–795, and
API 5L specifications shall be covered if
used in a standard, line, or pressure
application, with the exception of the
specific exclusions discussed below.
For example, there are certain other
ASTM specifications of pipe which,
because of overlapping characteristics,
could potentially be used in ASTM A–
106 applications. These specifications
generally include ASTM A–161, ASTM
A–192, ASTM A–210, ASTM A–252,
ASTM A–501, ASTM A–523, ASTM A–
524, and ASTM A–618. When such
pipes are used in a standard, line, or
pressure pipe application, such
products are covered by the scope of
this review.
Specifically excluded from the scope of
this order are:
A. Boiler tubing and mechanical
tubing, if such products are not
produced to ASTM A–53, ASTM
A–106, ASTM A–333, ASTM A–
334, ASTM A–589, ASTM A–795,
and API 5L specifications and are
not used in standard, line, or
pressure pipe applications.
B. Finished and unfinished oil
country tubular goods (‘‘OCTG’’), if
covered by the scope of another
antidumping duty order from the
same country. If not covered by
such an OCTG order, finished and
unfinished OCTG are included in
this scope when used in standard,
line or pressure applications.
C. Products produced to the A–335
specification unless they are used
in an application that would
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03APN1
16558
Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Notices
wwhite on PROD1PC61 with NOTICES
normally utilize ASTM A–53,
ASTM A–106, ASTM A–333, ASTM
A–334, ASTM A–589, ASTM A–
795, and API 5L specifications.
D. Line and riser pipe for deepwater
application, i.e., line and riser pipe
that is (1) used in a deepwater
application, which means for use in
water depths of 1,500 feet or more;
(2) intended for use in and is
actually used for a specific
deepwater project; (3) rated for a
specified minimum yield strength
of not less than 60,000 psi; and (4)
not identified or certified through
the use of a monogram, stencil, or
otherwise marked with an API
specification (e.g., ‘‘API 5L’’).
With regard to the excluded products
listed above, the Department will not
instruct U.S. Customs and Border
Protection to require end–use
certification until such time as
petitioner or other interested parties
provide to the Department a reasonable
basis to believe or suspect that the
products are being utilized in a covered
application. If such information is
provided, the Department will require
end–use certification only for the
product(s) (or specification(s)) for which
evidence is provided that such products
are being used in a covered application
as described above. For example, if,
based on evidence provided by
petitioner, the Department finds a
reasonable basis to believe or suspect
that seamless pipe produced to the A–
335 specification is being used in an A–
106 application, it will require end–use
certifications for imports of that
specification. Normally, the Department
will require only the importer of record
to certify to the end–use of the imported
merchandise. If it later proves necessary
for adequate implementation, the
Department may also require producers
who export such products to the United
States to provide such certification on
invoices accompanying shipments to
the United States.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this scope is
dispositive.
Intent to Rescind Fifth Administrative
Review
TAMSA submitted a letter on October
27, 2005, certifying that neither TAMSA
nor its U.S. affiliate, Tenaris, directly or
indirectly, exported or sold for
consumption in the United States any
subject merchandise during the POR.
The petitioner did not comment on
TAMSA’s no–shipment claim.
We conducted an internal customs
data query on November 8, 2005. See
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17:30 Mar 31, 2006
Jkt 208001
November 9, 2005, Memorandum to The
File through James Terpstra, Program
Manager, entitled ‘‘Internal Customs
Data Query,’’ A–201–827. The data
query indicated TAMSA and its U.S.
affiliate, Tenaris, had customs entries/
shipments during the POR, some of
which entered under the HTSUS
number for subject merchandise.
However, we confirmed that AD/CVD
duties were not assessed on the
shipments because the entries/
shipments were excluded from the order
(e.g., SLP used for deepwater
application), and we were able to
confirm that TAMSA had no entries,
exports, or sales to the United States of
subject merchandise during the POR.
Based on our analysis of the shipment
data, TAMSA is a non–shipper for this
review. Therefore, in accordance with
section 351.213(d)(3) of the
Department’s regulations, and
consistent with our practice, we
preliminarily determine to rescind this
review. See e.g., Stainless Steel Bar from
India; Preliminary Results of
Antidumping Duty Administrative
Review and New Shipper Review, and
Partial Rescission of Administrative
Review, 65 FR 12209 (March 8, 2000);
Persulfates From the People’s Republic
of China; Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Administrative Review, 65 FR 18963
(April 10, 2000).
Public Comment
An interested party may request a
hearing within 30 days of publication of
this preliminary notice. See 19 CFR
351.310(c). Any hearing, if requested,
will be held 44 days after the date of
publication, or the first working day
thereafter. Interested parties may submit
case briefs no later than 30 days after
the date of publication of this
preliminary notice. See 19 CFR
351.309(c)(ii). Rebuttal briefs, limited to
issues raised in such briefs, may be filed
no later than five days after the time
limit for filing the case brief 19 CFR
351.309(d). Parties who submit
arguments are requested to submit with
the argument (1) A statement of the
issue, (2) a brief summary of the
argument, and (3) a table of authorities.
Further, parties submitting written
comments should provide the
Department with an additional copy of
the public version of any such
comments on diskette. The Department
will issue the final notice, which will
include the results of its analysis of
issues raised in any such comments, or
at a hearing, if requested, within 120
days of publication of this preliminary
notice.
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This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d).
Dated: March 24, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E6–4741 Filed 3–31–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–580–839, A–583–833)
Certain Polyester Staple Fiber from the
Republic of Korea and Taiwan:
Continuation of Antidumping Duty
Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce and the International Trade
Commission that revocation of the
antidumping duty orders certain
polyester staple fiber from the Republic
of Korea and Taiwan would likely lead
to continuation or recurrence of
dumping, and material injury to an
industry in the United States, the
Department is publishing notice of
continuation of these antidumping duty
orders.
EFFECTIVE DATE: April 3, 2006.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or Andrew McAllister,
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington DC 20230;
telephone (202) 482–3813 or (202) 482–
1174, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 1, 2005, the Department of
Commerce (‘‘the Department’’) initiated
and on March 31, 2005, the
International Trade Commission (‘‘the
ITC’’) instituted sunset reviews of the
antidumping duty orders on certain
polyester staple fiber (‘‘PSF’’) from the
Republic of Korea (‘‘Korea’’) and Taiwan
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’).1
As a result of its review, the
Department found that revocation of the
1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
70 FR 16800 (Apr. 1, 2005); and Polyester Staple
Fiber From Korea and Taiwan, Investigations Nos.
731-TA-825 and 826 (Review), 70 FR 16522 (Mar.
31, 2005).
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]]>Agencies
[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Notices]
[Pages 16556-16558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4741]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-827]
Certain Large Diameter Carbon and Alloy Seamless Standard, Line
and Pressure Pipe from Mexico: Notice of Intent to Rescind
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 28, 2005, we published the notice of initiation
of this antidumping duty administrative review with respect to Tubos de
Acero de Mexico, S.A. (``TAMSA''). See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request for Revocation
in Part, 70 FR 56631 (September 28, 2005). We have preliminarily
determined that the review of TAMSA should be rescinded.
EFFECTIVE DATE: April 3, 2006.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or George McMahon, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 480-
5075 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2005, the Department of Commerce (``the Department'')
published in the Federal Register the notice of the ``Opportunity to
Request Administrative Review'' of the antidumping duty order on
certain large diameter carbon and alloy seamless standard, line, and
pressure pipe (``SLP'') from Mexico, for the period August 1, 2004,
through July 31, 2005 (70 FR 44085). On October 19, 2005, we received a
request from the petitioner\1\
[[Page 16557]]
to review TAMSA. On September 28, 2005, we published the notice of
initiation of this antidumping duty administrative review with respect
to TAMSA. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 70 FR 56631
(September 28, 2005). On October 27, 2005, TAMSA submitted a letter
certifying that neither TAMSA nor its U.S. affiliate, Tenaris Global
Services USA (``Tenaris''), directly or indirectly, exported or sold
for consumption in the United States any subject merchandise during the
period of review (``POR'').
---------------------------------------------------------------------------
\1\ The petitioner is United States Steel Corporation.
---------------------------------------------------------------------------
Scope of the Order
The products covered are large diameter seamless carbon and alloy
(other than stainless) steel standard, line, and pressure pipes
produced, or equivalent, to the American Society for Testing and
Materials (``ASTM'') A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-
589, ASTM A-795, and the American Petroleum Institute (``API'') 5L
specifications and meeting the physical parameters described below,
regardless of application, with the exception of the exclusions
discussed below. The scope of this order also includes all other
products used in standard, line, or pressure pipe applications and
meeting the physical parameters described below, regardless of
specification, with the exception of the exclusions discussed below.
Specifically included within the scope of this order are seamless pipes
greater than 4.5 inches (114.3 mm) up to and including 16 inches (406.4
mm) in outside diameter, regardless of wall-thickness, manufacturing
process (hot finished or cold-drawn), end finish (plain end, beveled
end, upset end, threaded, or threaded and coupled), or surface finish.
The seamless pipes subject to this order are currently classifiable
under subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60,
7304.10.50.50, 7304.31.60.50, 7304.39.00.36 7304.39.00.40,
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.60,
7304.59.60.00, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60,
7304.59.80.65, and 7304.59.80.70 of the Harmonized Tariff Schedule of
the United States (``HTSUS'').
Specifications, Characteristics, and Uses: Large diameter seamless
pipe is used primarily for line applications such as oil, gas, or water
pipeline, or utility distribution systems. Seamless pressure pipes are
intended for the conveyance of water, steam, petrochemicals, chemicals,
oil products, natural gas and other liquids and gasses in industrial
piping systems. They may carry these substances at elevated pressures
and temperatures and may be subject to the application of external
heat. Seamless carbon steel pressure pipe meeting the ASTM A-106
standard may be used in temperatures of up to 1000 degrees Fahrenheit,
at various American Society of Mechanical Engineers (``ASME'') code
stress levels. Alloy pipes made to ASTM A-335 standard must be used if
temperatures and stress levels exceed those allowed for ASTM A-106.
Seamless pressure pipes sold in the United States are commonly produced
to the ASTM A-106 standard.
Seamless standard pipes are most commonly produced to the ASTM A-53
specification and generally are not intended for high temperature
service. They are intended for the low temperature and pressure
conveyance of water, steam, natural gas, air and other liquids and
gasses in plumbing and heating systems, air conditioning units,
automatic sprinkler systems, and other related uses. Standard pipes
(depending on type and code) may carry liquids at elevated temperatures
but must not exceed relevant ASME code requirements. If exceptionally
low temperature uses or conditions are anticipated, standard pipe may
be manufactured to ASTM A-333 or ASTM A-334 specifications.
Seamless line pipes are intended for the conveyance of oil and
natural gas or other fluids in pipe lines. Seamless line pipes are
produced to the API 5L specification.
Seamless water well pipe (ASTM A-589) and seamless galvanized pipe
for fire protection uses (ASTM A-795) are used for the conveyance of
water.
Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53, API 5L-B, and API 5L-X42 specifications. To avoid
maintaining separate production runs and separate inventories,
manufacturers typically triple or quadruple certify the pipes by
meeting the metallurgical requirements and performing the required
tests pursuant to the respective specifications. Since distributors
sell the vast majority of this product, they can thereby maintain a
single inventory to service all customers.
The primary application of ASTM A-106 pressure pipes and triple or
quadruple certified pipes in large diameters is for use as oil and gas
distribution lines for commercial applications. A more minor
application for large diameter seamless pipes is for use in pressure
piping systems by refineries, petrochemical plants, and chemical
plants, as well as in power generation plants and in some oil field
uses (on shore and off shore) such as for separator lines, gathering
lines and metering runs. These applications constitute the majority of
the market for the subject seamless pipes. However, ASTM A-106 pipes
may be used in some boiler applications.
The scope of this order includes all seamless pipe meeting the
physical parameters described above and produced to one of the
specifications listed above, regardless of application, with the
exception of the exclusions discussed below, whether or not also
certified to a non-covered specification. Standard, line, and pressure
applications and the above-listed specifications are defining
characteristics of the scope of this investigation. Therefore, seamless
pipes meeting the physical description above, but not produced to the
ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-589, ASTM A-795,
and API 5L specifications shall be covered if used in a standard, line,
or pressure application, with the exception of the specific exclusions
discussed below.
For example, there are certain other ASTM specifications of pipe
which, because of overlapping characteristics, could potentially be
used in ASTM A-106 applications. These specifications generally include
ASTM A-161, ASTM A-192, ASTM A-210, ASTM A-252, ASTM A-501, ASTM A-523,
ASTM A-524, and ASTM A-618. When such pipes are used in a standard,
line, or pressure pipe application, such products are covered by the
scope of this review.
Specifically excluded from the scope of this order are:
A. Boiler tubing and mechanical tubing, if such products are not
produced to ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-589,
ASTM A-795, and API 5L specifications and are not used in standard,
line, or pressure pipe applications.
B. Finished and unfinished oil country tubular goods (``OCTG''), if
covered by the scope of another antidumping duty order from the same
country. If not covered by such an OCTG order, finished and unfinished
OCTG are included in this scope when used in standard, line or pressure
applications.
C. Products produced to the A-335 specification unless they are
used in an application that would
[[Page 16558]]
normally utilize ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-
589, ASTM A-795, and API 5L specifications.
D. Line and riser pipe for deepwater application, i.e., line and
riser pipe that is (1) used in a deepwater application, which means for
use in water depths of 1,500 feet or more; (2) intended for use in and
is actually used for a specific deepwater project; (3) rated for a
specified minimum yield strength of not less than 60,000 psi; and (4)
not identified or certified through the use of a monogram, stencil, or
otherwise marked with an API specification (e.g., ``API 5L'').
With regard to the excluded products listed above, the Department
will not instruct U.S. Customs and Border Protection to require end-use
certification until such time as petitioner or other interested parties
provide to the Department a reasonable basis to believe or suspect that
the products are being utilized in a covered application. If such
information is provided, the Department will require end-use
certification only for the product(s) (or specification(s)) for which
evidence is provided that such products are being used in a covered
application as described above. For example, if, based on evidence
provided by petitioner, the Department finds a reasonable basis to
believe or suspect that seamless pipe produced to the A-335
specification is being used in an A-106 application, it will require
end-use certifications for imports of that specification. Normally, the
Department will require only the importer of record to certify to the
end-use of the imported merchandise. If it later proves necessary for
adequate implementation, the Department may also require producers who
export such products to the United States to provide such certification
on invoices accompanying shipments to the United States.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise subject to
this scope is dispositive.
Intent to Rescind Fifth Administrative Review
TAMSA submitted a letter on October 27, 2005, certifying that
neither TAMSA nor its U.S. affiliate, Tenaris, directly or indirectly,
exported or sold for consumption in the United States any subject
merchandise during the POR. The petitioner did not comment on TAMSA's
no-shipment claim.
We conducted an internal customs data query on November 8, 2005.
See November 9, 2005, Memorandum to The File through James Terpstra,
Program Manager, entitled ``Internal Customs Data Query,'' A-201-827.
The data query indicated TAMSA and its U.S. affiliate, Tenaris, had
customs entries/shipments during the POR, some of which entered under
the HTSUS number for subject merchandise. However, we confirmed that
AD/CVD duties were not assessed on the shipments because the entries/
shipments were excluded from the order (e.g., SLP used for deepwater
application), and we were able to confirm that TAMSA had no entries,
exports, or sales to the United States of subject merchandise during
the POR.
Based on our analysis of the shipment data, TAMSA is a non-shipper
for this review. Therefore, in accordance with section 351.213(d)(3) of
the Department's regulations, and consistent with our practice, we
preliminarily determine to rescind this review. See e.g., Stainless
Steel Bar from India; Preliminary Results of Antidumping Duty
Administrative Review and New Shipper Review, and Partial Rescission of
Administrative Review, 65 FR 12209 (March 8, 2000); Persulfates From
the People's Republic of China; Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of Administrative Review,
65 FR 18963 (April 10, 2000).
Public Comment
An interested party may request a hearing within 30 days of
publication of this preliminary notice. See 19 CFR 351.310(c). Any
hearing, if requested, will be held 44 days after the date of
publication, or the first working day thereafter. Interested parties
may submit case briefs no later than 30 days after the date of
publication of this preliminary notice. See 19 CFR 351.309(c)(ii).
Rebuttal briefs, limited to issues raised in such briefs, may be filed
no later than five days after the time limit for filing the case brief
19 CFR 351.309(d). Parties who submit arguments are requested to submit
with the argument (1) A statement of the issue, (2) a brief summary of
the argument, and (3) a table of authorities. Further, parties
submitting written comments should provide the Department with an
additional copy of the public version of any such comments on diskette.
The Department will issue the final notice, which will include the
results of its analysis of issues raised in any such comments, or at a
hearing, if requested, within 120 days of publication of this
preliminary notice.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d).
Dated: March 24, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-4741 Filed 3-31-06; 8:45 am]
BILLING CODE 3510-DS-S
