Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania: Continuation of Antidumping Duty Orders, 26746-26748 [E6-6923]
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26746
Federal Register / Vol. 71, No. 88 / Monday, May 8, 2006 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–850, A–588–851, A–485–805]
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line, and
Pressure Pipe from Japan and Certain
Small Diameter Carbon and Alloy
Seamless Standard, Line, and
Pressure Pipe from Japan and
Romania: 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 (the Department) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
orders on certain large diameter carbon
and alloy seamless standard, line and
pressure pipe from Japan and (Large
Diameter SSLPP), and certain small
diameter carbon and alloy seamless
standard, line and pressure pipe (Small
Diameter SSLPP) from Japan and
Romania would be likely to lead to
continuation or recurrence of dumping
and of material injury to an industry in
the United States within a reasonably
foreseeable time, the Department is
publishing notice of the continuation of
these antidumping duty orders.
EFFECTIVE DATE: May 8, 2006.
FOR FURTHER INFORMATION CONTACT:
Saliha Loucif or Brandon Farlander,
Office 1, AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1779 and (202)
482–0182, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
wwhite on PROD1PC61 with NOTICES
Background
On May 2, 2005, the Department
initiated and the ITC instituted a sunset
review of the antidumping duty orders
on SSLPP from Japan and Romania,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). See
Initiation of Five-year (Sunset) Reviews,
70 FR 22632 (May 2, 2005); see also
Carbon and Alloy Seamless Standard,
Line, and Pressure Pipe From Czech
Republic, Japan, Mexico, Romania, and
South Africa, 70 FR 22688, (May 2,
2005).
As a result of its review, the
Department found that revocation of the
antidumping duty orders would be
likely to lead to continuation or
recurrence of dumping and notified the
ITC of the magnitude of the margins
VerDate Aug<31>2005
16:05 May 05, 2006
Jkt 208001
likely to prevail were the order to be
revoked. See Certain Large Diameter
Carbon and Alloy Seamless Standard,
Line and Pressure Pipe from Japan and
Mexico; Final Results of the Expedited
Sunset Reviews of the Antidumping
Duty Orders, 70 FR 53159 (September 7,
2005); see also Carbon and Alloy
Seamless Standard, Line, and Pressure
Pipe (Under 41⁄2 inches) from the Czech
Republic, Japan, Romania, and South
Africa; Final Results of the Expedited
Sunset Reviews of the Antidumping
Duty Orders, 70 FR 53151 (September 7,
2005). On April 24, 2006, the ITC
determined pursuant to section 751(c) of
the Act, that revocation of the
antidumping duty orders on Large
Diameter SSLPP from Japan and Small
Diameter SSLPP from Japan and
Romania would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time. See Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe From
the Czech Republic, Japan, Mexico,
Romania, and South Africa, 71 FR
24860 (April 27, 2006), and ITC
Publication 3850 (April 2006) (First
Review), Investigation No. 731–TA–
846–850.
Scope of the Order: Large Diameter
SSLPP
The products covered by this order
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) A53, ASTM A106,
ASTM A333, ASTM A334, ASTM A589,
ASTM A795, and the American
Petroleum Institute (API) 5L
specifications and meeting the physical
parameters described below, regardless
of application, with the exception of the
exclusions discussed below. The scope
of this order also includes all other
products used in standard, line, or
pressure pipe applications and meeting
the physical parameters described
below, regardless of specification, with
the exception of the exclusions
discussed below.
Specifically included within the
scope of this order are seamless pipes
greater than 4.5 inches (114.3 mm) up
to and including 16 inches (406.4 mm)
in outside diameter, regardless of wall–
thickness, manufacturing process (hot
finished or cold–drawn), end finish
(plain end, beveled end, upset end,
threaded, or threaded and coupled), or
surface finish.
The seamless pipes subject to this
order are currently classifiable under
the subheadings 7304.10.10.30,
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
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 A106 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 A335
standard must be used if temperatures
and stress levels exceed those allowed
for ASTM A106. Seamless pressure
pipes sold in the United States are
commonly produced to the ASTM A106
standard.
Seamless standard pipes are most
commonly produced to the ASTM A53
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 A333 or ASTM
A334 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 A589) and seamless galvanized
pipe for fire protection uses (ASTM
A795) are used for the conveyance of
water. Seamless pipes are commonly
produced and certified to meet ASTM
E:\FR\FM\08MYN1.SGM
08MYN1
wwhite on PROD1PC61 with NOTICES
Federal Register / Vol. 71, No. 88 / Monday, May 8, 2006 / Notices
A106, ASTM A53, 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 A106 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 A106 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 order.
Therefore, seamless pipes meeting the
physical description above, but not
produced to the ASTM A53, ASTM
A106, ASTM A333, ASTM A334, ASTM
A589, ASTM A795, 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
A106 applications. These specifications
generally include ASTM A161, ASTM
A192, ASTM A210, ASTM A252, ASTM
A501, ASTM A523, ASTM A524, and
ASTM A618. When such pipes are used
in a standard, line, or pressure pipe
application, such products are covered
by the scope of this order.
Specifically excluded from the scope
of this order are:
A. Boiler tubing and mechanical
tubing, if such products are not
produced to ASTM A53, ASTM A106,
ASTM A333, ASTM A334, ASTM A589,
ASTM A795, and API 5L specifications
VerDate Aug<31>2005
16:05 May 05, 2006
Jkt 208001
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 A335
specification unless they are used in an
application that would normally utilize
ASTM A53, ASTM A106, ASTM A333,
ASTM A334, ASTM A589, ASTM A795,
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 (CBP) 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 the
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 order is dispositive.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
26747
Scope of the Orders: Small Diameter
SSLPP
The products covered by the orders
are seamless carbon and alloy (other
than stainless) steel standard, line, and
pressure pipes and redraw hollows
produced, or equivalent, to the ASTM
A–53, ASTM A–106, ASTM A–333,
ASTM A–334, ASTM A–335, ASTM A–
589, ASTM A–795, and the API 5L
specifications and meeting the physical
parameters described below, regardless
of application. The scope of the orders
also includes all products used in
standard, line, or pressure pipe
applications and meeting the physical
parameters described below, regardless
of specification. Specifically included
within the scope of the orders are
seamless pipes and redraw hollows, less
than or equal to 4.5 inches (114.3 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 the orders are currently
classifiable under the subheadings
7304.10.10.20, 7304.10.50.20,
7304.31.30.00, 7304.31.60.50,
7304.39.00.16, 7304.39.00.20,
7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.51.50.05,
7304.51.50.60, 7304.59.60.00,
7304.59.80.10, 7304.59.80.15,
7304.59.80.20, and 7304.59.80.25 of the
Harmonized Tariff Schedule of the
United States (HTSUS).
Specifications, Characteristics, and
Uses: Seamless pressure pipes are
intended for the conveyance of water,
steam, petrochemicals, chemicals, oil
products, natural gas and other liquids
and gases 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 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 gases in plumbing and
heating systems, air conditioning units,
E:\FR\FM\08MYN1.SGM
08MYN1
wwhite on PROD1PC61 with NOTICES
26748
Federal Register / Vol. 71, No. 88 / Monday, May 8, 2006 / Notices
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 is use in
pressure piping systems by refineries,
petrochemical plants, and chemical
plants. Other applications are in power
generation plants (electrical–fossil fuel
or nuclear), and in some oil field uses
(on shore and off shore) such as for
separator lines, gathering lines and
metering runs. A minor application of
this product is for use as oil and gas
distribution lines for commercial
applications. These applications
constitute the majority of the market for
the subject seamless pipes. However,
ASTM A–106 pipes may be used in
some boiler applications.
Redraw hollows are any unfinished
pipe or ‘‘hollow profiles’’ of carbon or
alloy steel transformed by hot rolling or
cold drawing/ hydrostatic testing or
other methods to enable the material to
be sold under ASTM A–53, ASTM A–
106, ASTM A–333, ASTM A–334,
ASTM A–335, ASTM A–589, ASTM A–
795, and API 5L specifications.
The scope of the orders 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 specific
exclusions discussed below, and
whether or not also certified to a non–
covered specification. Standard, line,
and pressure applications and the
VerDate Aug<31>2005
17:23 May 05, 2006
Jkt 208001
above–listed specifications are defining
characteristics of the scope of the
orders. 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–335, 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, with the exception of the
specific exclusions discussed below,
such products are covered by the scope
of the orders.
Specifically excluded from the scope
of the orders are 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–335, ASTM A–589, ASTM A–
795, and API 5L specifications and are
not used in standard, line, or pressure
pipe applications. In addition, finished
and unfinished oil country tubular
goods (OCTG) are excluded from the
scope of the orders, 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.
With regard to the excluded products
listed above, the Department will not
instruct U.S. Customs and Border
Protection (CBP) 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 used in a covered
application. If such information is
provided, we 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 covered applications 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–161 specification is
being used in a standard, line or
pressure application, we will require
end–use certifications for imports of
that specification. Normally we will
require only the importer of record to
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
certify to the end use of the imported
merchandise. If it later proves necessary
for adequate implementation, we 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, our written description of the
merchandise subject to this scope is
dispositive.
Determination
As a result of the determinations by
the Department and ITC that revocation
of these antidumping duty orders would
be likely to lead to continuation or
recurrence of dumping and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department hereby orders
the continuation of the antidumping
duty orders on Large Diameter SSLPP
from Japan and Small Diameter SSLPP
from Japan and Romania.
U.S. Customs and Border Protection
will continue to collect antidumping
duty cash deposits at the rates in effect
at the time of entry for all imports of
subject merchandise.
The effective date of continuation of
this order will be the date of publication
in the Federal Register of this Notice of
Continuation. Pursuant to sections
751(c)(2) and 751(c)(6) of the Act, the
Department intends to initiate the next
five-year review of this order not later
than March 2011.
These five-year (sunset) reviews and
this notice are in accordance with
section 751(c) of the Act.
Dated: May 2, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6–6923 Filed 5–5–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–828, A–557–809, A–565–801]
Stainless Steel Butt–Weld Pipe Fittings
from Italy, Malaysia, and the
Philippines; Final Results of the
Expedited Five-year (‘‘Sunset’’)
Reviews of Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2006, the
Department of Commerce (the
Department) initiated sunset reviews of
the antidumping duty orders on
AGENCY:
E:\FR\FM\08MYN1.SGM
08MYN1
]]>Agencies
[Federal Register Volume 71, Number 88 (Monday, May 8, 2006)]
[Notices]
[Pages 26746-26748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6923]
[[Page 26746]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-850, A-588-851, A-485-805]
Certain Large Diameter Carbon and Alloy Seamless Standard, Line,
and Pressure Pipe from Japan and Certain Small Diameter Carbon and
Alloy Seamless Standard, Line, and Pressure Pipe from Japan and
Romania: Continuation of Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC)
that revocation of the antidumping duty orders on certain large
diameter carbon and alloy seamless standard, line and pressure pipe
from Japan and (Large Diameter SSLPP), and certain small diameter
carbon and alloy seamless standard, line and pressure pipe (Small
Diameter SSLPP) from Japan and Romania would be likely to lead to
continuation or recurrence of dumping and of material injury to an
industry in the United States within a reasonably foreseeable time, the
Department is publishing notice of the continuation of these
antidumping duty orders.
EFFECTIVE DATE: May 8, 2006.
FOR FURTHER INFORMATION CONTACT: Saliha Loucif or Brandon Farlander,
Office 1, AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-1779 and (202)
482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2005, the Department initiated and the ITC instituted a
sunset review of the antidumping duty orders on SSLPP from Japan and
Romania, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). See Initiation of Five-year (Sunset) Reviews, 70 FR
22632 (May 2, 2005); see also Carbon and Alloy Seamless Standard, Line,
and Pressure Pipe From Czech Republic, Japan, Mexico, Romania, and
South Africa, 70 FR 22688, (May 2, 2005).
As a result of its review, the Department found that revocation of
the antidumping duty orders would be likely to lead to continuation or
recurrence of dumping and notified the ITC of the magnitude of the
margins likely to prevail were the order to be revoked. See Certain
Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure
Pipe from Japan and Mexico; Final Results of the Expedited Sunset
Reviews of the Antidumping Duty Orders, 70 FR 53159 (September 7,
2005); see also Carbon and Alloy Seamless Standard, Line, and Pressure
Pipe (Under 4\1/2\ inches) from the Czech Republic, Japan, Romania, and
South Africa; Final Results of the Expedited Sunset Reviews of the
Antidumping Duty Orders, 70 FR 53151 (September 7, 2005). On April 24,
2006, the ITC determined pursuant to section 751(c) of the Act, that
revocation of the antidumping duty orders on Large Diameter SSLPP from
Japan and Small Diameter SSLPP from Japan and Romania would be likely
to lead to continuation or recurrence of material injury to an industry
in the United States within a reasonably foreseeable time. See Carbon
and Alloy Seamless Standard, Line, and Pressure Pipe From the Czech
Republic, Japan, Mexico, Romania, and South Africa, 71 FR 24860 (April
27, 2006), and ITC Publication 3850 (April 2006) (First Review),
Investigation No. 731-TA-846-850.
Scope of the Order: Large Diameter SSLPP
The products covered by this order 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) A53, ASTM A106, ASTM A333, ASTM A334, ASTM
A589, ASTM A795, and the American Petroleum Institute (API) 5L
specifications and meeting the physical parameters described below,
regardless of application, with the exception of the exclusions
discussed below. The scope of this order also includes all other
products used in standard, line, or pressure pipe applications and
meeting the physical parameters described below, regardless of
specification, with the exception of the exclusions discussed below.
Specifically included within the scope of this order are seamless
pipes greater than 4.5 inches (114.3 mm) up to and including 16 inches
(406.4 mm) in outside diameter, regardless of wall-thickness,
manufacturing process (hot finished or cold-drawn), end finish (plain
end, beveled end, upset end, threaded, or threaded and coupled), or
surface finish.
The seamless pipes subject to this order are currently classifiable
under the subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60,
7304.10.50.50, 7304.31.60.50, 7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.60,
7304.59.60.00, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60,
7304.59.80.65, and 7304.59.80.70 of the Harmonized Tariff Schedule of
the United States (HTSUS).
Specifications, Characteristics, and Uses: Large diameter seamless
pipe is used primarily for line applications such as oil, gas, or water
pipeline, or utility distribution systems. Seamless pressure pipes are
intended for the conveyance of water, steam, petrochemicals, chemicals,
oil products, natural gas, and other liquids and gasses in industrial
piping systems. They may carry these substances at elevated pressures
and temperatures and may be subject to the application of external
heat. Seamless carbon steel pressure pipe meeting the ASTM A106
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 A335 standard must be used if
temperatures and stress levels exceed those allowed for ASTM A106.
Seamless pressure pipes sold in the United States are commonly produced
to the ASTM A106 standard.
Seamless standard pipes are most commonly produced to the ASTM A53
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 A333 or ASTM A334 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
A589) and seamless galvanized pipe for fire protection uses (ASTM A795)
are used for the conveyance of water. Seamless pipes are commonly
produced and certified to meet ASTM
[[Page 26747]]
A106, ASTM A53, 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 A106 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 A106 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 order. Therefore, seamless pipes
meeting the physical description above, but not produced to the ASTM
A53, ASTM A106, ASTM A333, ASTM A334, ASTM A589, ASTM A795, 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 A106 applications. These specifications generally include
ASTM A161, ASTM A192, ASTM A210, ASTM A252, ASTM A501, ASTM A523, ASTM
A524, and ASTM A618. When such pipes are used in a standard, line, or
pressure pipe application, such products are covered by the scope of
this order.
Specifically excluded from the scope of this order are:
A. Boiler tubing and mechanical tubing, if such products are not
produced to ASTM A53, ASTM A106, ASTM A333, ASTM A334, ASTM A589, ASTM
A795, 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 A335 specification unless they are used
in an application that would normally utilize ASTM A53, ASTM A106, ASTM
A333, ASTM A334, ASTM A589, ASTM A795, 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 (CBP) 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 the 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 order is
dispositive.
Scope of the Orders: Small Diameter SSLPP
The products covered by the orders are seamless carbon and alloy
(other than stainless) steel standard, line, and pressure pipes and
redraw hollows produced, or equivalent, to the ASTM A-53, ASTM A-106,
ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-795, and the API
5L specifications and meeting the physical parameters described below,
regardless of application. The scope of the orders also includes all
products used in standard, line, or pressure pipe applications and
meeting the physical parameters described below, regardless of
specification. Specifically included within the scope of the orders are
seamless pipes and redraw hollows, less than or equal to 4.5 inches
(114.3 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 the orders are currently
classifiable under the subheadings 7304.10.10.20, 7304.10.50.20,
7304.31.30.00, 7304.31.60.50, 7304.39.00.16, 7304.39.00.20,
7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.51.50.05,
7304.51.50.60, 7304.59.60.00, 7304.59.80.10, 7304.59.80.15,
7304.59.80.20, and 7304.59.80.25 of the Harmonized Tariff Schedule of
the United States (HTSUS).
Specifications, Characteristics, and Uses: Seamless pressure pipes
are intended for the conveyance of water, steam, petrochemicals,
chemicals, oil products, natural gas and other liquids and gases 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 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
gases in plumbing and heating systems, air conditioning units,
[[Page 26748]]
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 is use in pressure piping systems by
refineries, petrochemical plants, and chemical plants. Other
applications are in power generation plants (electrical-fossil fuel or
nuclear), and in some oil field uses (on shore and off shore) such as
for separator lines, gathering lines and metering runs. A minor
application of this product is for use as oil and gas distribution
lines for commercial applications. These applications constitute the
majority of the market for the subject seamless pipes. However, ASTM A-
106 pipes may be used in some boiler applications.
Redraw hollows are any unfinished pipe or ``hollow profiles'' of
carbon or alloy steel transformed by hot rolling or cold drawing/
hydrostatic testing or other methods to enable the material to be sold
under ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM
A-589, ASTM A-795, and API 5L specifications.
The scope of the orders 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 specific exclusions discussed below, and whether or
not also certified to a non-covered specification. Standard, line, and
pressure applications and the above-listed specifications are defining
characteristics of the scope of the orders. 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-335, 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,
with the exception of the specific exclusions discussed below, such
products are covered by the scope of the orders.
Specifically excluded from the scope of the orders are 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-335, ASTM A-589, ASTM
A-795, and API 5L specifications and are not used in standard, line, or
pressure pipe applications. In addition, finished and unfinished oil
country tubular goods (OCTG) are excluded from the scope of the orders,
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.
With regard to the excluded products listed above, the Department
will not instruct U.S. Customs and Border Protection (CBP) 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 used in a covered application. If
such information is provided, we 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 covered applications 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-161 specification is being
used in a standard, line or pressure application, we will require end-
use certifications for imports of that specification. Normally we 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, we 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, our written description of the merchandise subject to
this scope is dispositive.
Determination
As a result of the determinations by the Department and ITC that
revocation of these antidumping duty orders would be likely to lead to
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
duty orders on Large Diameter SSLPP from Japan and Small Diameter SSLPP
from Japan and Romania.
U.S. Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of continuation of this order will be the date
of publication in the Federal Register of this Notice of Continuation.
Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department
intends to initiate the next five-year review of this order not later
than March 2011.
These five-year (sunset) reviews and this notice are in accordance
with section 751(c) of the Act.
Dated: May 2, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-6923 Filed 5-5-06; 8:45 am]
BILLING CODE 3510-DS-S
