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, 26748-26749 [E6-6937]

Download as PDF 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 26749 Federal Register / Vol. 71, No. 88 / Monday, May 8, 2006 / Notices stainless steel butt–weld pipe fittings (butt–weld pipe fittings) from Italy, Malaysia, and the Philippines 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 an adequate substantive response filed on behalf of domestic interested parties, and no response from respondent interested parties, the Department conducted expedited (120day) 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 be likely to lead to continuation or recurrence of dumping at the levels identified below in the ‘‘Final Results of Review’’ section of this notice. EFFECTIVE DATE: May 8, 2006. FOR FURTHER INFORMATION CONTACT: Deborah Scott, AD/CVD Operations, Office 7, or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2657 or (202) 482– 1391, respectively. SUPPLEMENTARY INFORMATION: wwhite on PROD1PC61 with NOTICES Background On January 3, 2006, the Department initiated sunset reviews of the antidumping duty orders on butt–weld pipe fittings from Italy, Malaysia, and the Philippines pursuant to section 751(c) of the Act. See Initiation of Fiveyear (‘‘Sunset’’) Reviews, 71 FR 91 (January 3, 2006). The Department received a notice of intent to participate from four domestic interested parties, Flowline Division of Markovitz Enterprises, Inc. (Flowline), Gerlin, Inc. (Gerlin), Shaw Alloy Piping Products, Inc. (formerly Alloy Piping Products, Inc.) (Shaw Alloy), and Taylor Forge Stainless, Inc. (Taylor Forge) (collectively, domestic interested parties), within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations. Domestic interested parties claimed interested party status under section 771(9)(C) of the Act as U.S. producers of a domestic like product. We received a complete substantive response from domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, we did not receive any responses from any respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department VerDate Aug<31>2005 16:05 May 05, 2006 Jkt 208001 conducted expedited sunset reviews of these orders. Scope of the Orders For purposes of these orders, the product covered is certain stainless steel butt–weld pipe fittings (butt–weld fittings). Butt–weld pipe fittings are under 14 inches in outside diameter (based on nominal pipe size), whether finished or unfinished. The product encompasses all grades of stainless steel and ‘‘commodity’’ and ‘‘specialty’’ fittings. Specifically excluded from the definition are threaded, grooved, and bolted fittings, and fittings made from any material other than stainless steel. The butt–weld fittings subject to these orders are generally designated under specification ASTM A403/A403M, the standard specification for Wrought Austenitic Stainless Steel Piping Fittings, or its foreign equivalents (e.g., DIN or JIS specifications). This specification covers two general classes of fittings, WP and CR, of wrought austenitic stainless steel fittings of seamless and welded construction covered by the latest revision of ANSI B16.9, ANSI B16.11, and ANSI B16.28. Butt–weld fittings manufactured to specification ASTM A774, or its foreign equivalents, are also covered by these orders. These orders do not apply to cast fittings. Cast austenitic stainless steel pipe fittings are covered by specifications A351/A351M, A743/ 743M, and A744/A744M. The butt–weld fittings subject to these orders are currently classifiable under subheading 7307.23.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive. Analysis of Comments Received All issues raised in these cases are addressed in the ‘‘Issues and Decision Memorandum’’ from Stephen Claeys, Deputy Assistant Secretary for AD/CVD Operations, Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated May 3, 2006 (Decision Memorandum), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum 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 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 memorandum, which is on file in room B–099 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Sunset Reviews We determine that revocation of the antidumping duty orders on butt–weld pipe fittings from Italy, Malaysia, and the Philippines would likely lead to continuation or recurrence of dumping at the following percentage weighted– average margins: Manufacturers/ Exporters/Producers Italy. Coprosider S.p.A. ......... All Others ...................... Malaysia. Kanzen Tetsu Sdn. Bhd. ........................... All Others ...................... The Philippines. Enlin Steel Corporation Tung Fong Industrial Co., Inc. ..................... All Others ...................... Weighted–Average Margin (Percent) 26.59 26.59 7.51 7.51 33.81 7.59 7.59 This notice also 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 19 CFR 351.305. Timely notification of the return or 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. We are issuing and publishing the results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: April 27, 2006. David M. Spooner, Assistant Secretaryfor Import Administration. [FR Doc. E6–6937 Filed 5–5–06; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\08MYN1.SGM 08MYN1

Agencies

[Federal Register Volume 71, Number 88 (Monday, May 8, 2006)]
[Notices]
[Pages 26748-26749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6937]


-----------------------------------------------------------------------

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

AGENCY: 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

[[Page 26749]]

stainless steel butt-weld pipe fittings (butt-weld pipe fittings) from 
Italy, Malaysia, and the Philippines 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 an adequate substantive response filed on 
behalf of domestic interested parties, and no response from respondent 
interested parties, the Department conducted expedited (120-day) 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 be likely to lead to continuation or recurrence of dumping 
at the levels identified below in the ``Final Results of Review'' 
section of this notice.

EFFECTIVE DATE: May 8, 2006.

FOR FURTHER INFORMATION CONTACT: Deborah Scott, AD/CVD Operations, 
Office 7, or Dana Mermelstein, AD/CVD Operations, Office 6, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-2657 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2006, the Department initiated sunset reviews of the 
antidumping duty orders on butt-weld pipe fittings from Italy, 
Malaysia, and the Philippines pursuant to section 751(c) of the Act. 
See Initiation of Five-year (``Sunset'') Reviews, 71 FR 91 (January 3, 
2006). The Department received a notice of intent to participate from 
four domestic interested parties, Flowline Division of Markovitz 
Enterprises, Inc. (Flowline), Gerlin, Inc. (Gerlin), Shaw Alloy Piping 
Products, Inc. (formerly Alloy Piping Products, Inc.) (Shaw Alloy), and 
Taylor Forge Stainless, Inc. (Taylor Forge) (collectively, domestic 
interested parties), within the deadline specified in section 
351.218(d)(1)(i) of the Department's regulations. Domestic interested 
parties claimed interested party status under section 771(9)(C) of the 
Act as U.S. producers of a domestic like product. We received a 
complete substantive response from domestic interested parties within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, we 
did not receive any responses from any respondent interested parties. 
As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset 
reviews of these orders.

Scope of the Orders

    For purposes of these orders, the product covered is certain 
stainless steel butt-weld pipe fittings (butt-weld fittings). Butt-weld 
pipe fittings are under 14 inches in outside diameter (based on nominal 
pipe size), whether finished or unfinished. The product encompasses all 
grades of stainless steel and ``commodity'' and ``specialty'' fittings. 
Specifically excluded from the definition are threaded, grooved, and 
bolted fittings, and fittings made from any material other than 
stainless steel.
    The butt-weld fittings subject to these orders are generally 
designated under specification ASTM A403/A403M, the standard 
specification for Wrought Austenitic Stainless Steel Piping Fittings, 
or its foreign equivalents (e.g., DIN or JIS specifications). This 
specification covers two general classes of fittings, WP and CR, of 
wrought austenitic stainless steel fittings of seamless and welded 
construction covered by the latest revision of ANSI B16.9, ANSI B16.11, 
and ANSI B16.28. Butt-weld fittings manufactured to specification ASTM 
A774, or its foreign equivalents, are also covered by these orders.
    These orders do not apply to cast fittings. Cast austenitic 
stainless steel pipe fittings are covered by specifications A351/A351M, 
A743/743M, and A744/A744M.
    The butt-weld fittings subject to these orders are currently 
classifiable under subheading 7307.23.0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of these orders is dispositive.

Analysis of Comments Received

    All issues raised in these cases are addressed in the ``Issues and 
Decision Memorandum'' from Stephen Claeys, Deputy Assistant Secretary 
for AD/CVD Operations, Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration, dated May 3, 2006 
(Decision Memorandum), which is hereby adopted by this notice. The 
issues discussed in the Decision Memorandum 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 memorandum, which is 
on file in room B-099 of the main Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn/. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Sunset Reviews

    We determine that revocation of the antidumping duty orders on 
butt-weld pipe fittings from Italy, Malaysia, and the Philippines would 
likely lead to continuation or recurrence of dumping at the following 
percentage weighted-average margins:

------------------------------------------------------------------------
                                                       Weighted-Average
         Manufacturers/ Exporters/Producers            Margin  (Percent)
------------------------------------------------------------------------
Italy...............................................
Coprosider S.p.A....................................               26.59
All Others..........................................               26.59
Malaysia............................................
Kanzen Tetsu Sdn. Bhd...............................                7.51
All Others..........................................                7.51
The Philippines.....................................
Enlin Steel Corporation.............................               33.81
Tung Fong Industrial Co., Inc.......................                7.59
All Others..........................................                7.59
------------------------------------------------------------------------

    This notice also 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 19 CFR 351.305. Timely 
notification of the return or 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.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: April 27, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-6937 Filed 5-5-06; 8:45 am]
BILLING CODE 3510-DS-S