Revocation of Antidumping Duty Orders: Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from the Czech Republic and South Africa, 27463-27465 [E6-7231]
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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices
would not 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 USITC
Publication 3850 (April 2006), entitled
Carbon and Alloy Seamless Standard,
Line, and Pressure Pipe from the Czech
Republic, Japan, Mexico, Romania, and
South Africa (Inv. Nos. 731–TA–846–
850 (Review). As a result of the
determination by the Commission that
revocation of this order is not likely to
lead to continuation or recurrence of
material injury to an industry in the
United States, the Department, pursuant
to section 751(d) of the Act, is revoking
the order on seamless pipe from Mexico.
Pursuant to section 751(d)(2) of the Act
and 19 CFR 351.222(i)(2)(i), the effective
date of revocation is August 11, 2005,
i.e., the fifth anniversary of the date of
publication in the Federal Register of
the notice of the antidumping duty
order.
The Department will notify U.S.
Customs and Border Protection to
discontinue suspension of liquidation
and collection of cash deposits on
entries of the subject merchandise
entered or withdrawn from warehouse
on or after August 11, 2005, the effective
date of revocation of the antidumping
duty order. The Department will
complete any pending administrative
reviews of the order and will conduct
administrative reviews of subject
merchandise entered prior to the
effective date of revocation in response
to appropriately filed requests for
review.
These five–year sunset reviews and
notice are in accordance with section
751(d)(2) of the Tariff Act and published
pursuant to section 777(i)(1) of the
Tariff Act.
Dated: May 5, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–7224 Filed 5–10–06; 8:45 am]
cchase on PROD1PC60 with NOTICES
16:29 May 10, 2006
International Trade Administration
(A–851–802, A–791–808)
Revocation of Antidumping Duty
Orders: Certain Small Diameter Carbon
and Alloy Seamless Standard, Line,
and Pressure Pipe from the Czech
Republic and South Africa
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 2, 2005, the
Department of Commerce (the
Department) initiated its sunset reviews
of the antidumping duty orders on small
diameter seamless standard, line, and
pressure pipe (seamless pipe) from the
Czech Republic, Japan, Romania and
South Africa. See Initiation of Five–year
(‘‘Sunset’’) Reviews, 70 FR 22632 (May
2, 2005). Pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act), the International Trade
Commission (the Commission) in its
sunset reviews determined that
revocation of the orders on seamless
pipe from the Czech Republic and South
Africa would not 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). Therefore,
pursuant to section 751(d)(2) of the Act
and 19 CFR 351.222(i)(1)(iii), the
Department is revoking the antidumping
duty orders on seamless pipe from the
Czech Republic and South Africa.
EFFECTIVE DATE: June 26, 2005 for South
Africa; August 14, 2005 for the Czech
Republic.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Robert James, AD/CVD Operations
Office 7, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–0649.
SUPPLEMENTARY INFORMATION:
Scope of the Orders
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
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DEPARTMENT OF COMMERCE
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27463
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,
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
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11MYN1
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27464
Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices
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
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16:29 May 10, 2006
Jkt 208001
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
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merchandise subject to this scope is
dispositive.
Background
On June 26, 2000, the Department
published the antidumping duty orders
on small–diameter (defined as less than
or equal to 4 ? inches) seamless pipe
from South Africa. See Notice of
Antidumping Duty Orders: 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 the Republic of South Africa,
65 FR 39360 (June 26, 2000). On August
14, 2000, the Department issued the
antidumping duty order on seamless
pipe from the Czech Republic. See
Notice of Antidumping Duty Order:
Certain Small–Diameter Carbon and
Alloy Seamless Standard, Line, and
Pressure Pipe from the Czech Republic,
65 FR 49539 (August 14, 2000).
On May 2, 2005, the Department
initiated, and the Commission
instituted, sunset reviews of the
antidumping duties orders on seamless
pipe from the Czech Republic and South
Africa. See Initiation of Five–year
(‘‘Sunset’’) Reviews, 70 FR 22632 (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
Commission of the magnitude of the
margin likely to prevail were the orders
to be revoked. See Carbon and Alloy
Seamless Standard, Line, and Pressure
Pipe (Under 4 ? 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 6, 2006, the
Commission determined, pursuant to
section 751(c) of the Act, that revocation
of the antidumping duty orders on
seamless pipe from the Czech Republic
and South Africa would not 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 USITC
Publication 3850 (April 2006), entitled
Carbon and Alloy Seamless Standard,
Line, and Pressure Pipe from the Czech
Republic, Japan, Mexico, Romania, and
South Africa (Inv. Nos. 731–TA–846–
850 (Review). As a result of the
determination by the Commission that
revocation of these orders is not likely
to lead to continuation or recurrence of
E:\FR\FM\11MYN1.SGM
11MYN1
Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices
material injury to an industry in the
United States, the Department, pursuant
to section 751(d) of the Act, is revoking
the orders on small diameter seamless
pipe from the Czech Republic and South
Africa. Pursuant to section 751(d)(2) of
the Act and 19 CFR 351.222(i)(2)(i), the
effective date of revocation is June 26,
2005, for the antidumping duty order on
South Africa, and August 14, 2005, for
the antidumping duty order on the
Czech Republic (i.e., the fifth
anniversary of the date of publication in
the Federal Register of the notices of the
antidumping duty orders on the South
Africa and the Czech Republic,
respectively).
The Department will notify CBP to
discontinue suspension of liquidation
and collection of cash deposits on
entries of the subject merchandise
entered or withdrawn from warehouse
on or after June 26, 2005, and August
14, 2005, the effective dates of
revocation of the respective
antidumping duty orders. The
Department will complete any pending
administrative reviews of these orders
and will conduct administrative reviews
of subject merchandise entered prior to
the effective date of revocation in
response to appropriately filed requests
for review.
These five–year sunset reviews and
notice are in accordance with section
751(d)(2) of the Tariff Act and published
pursuant to section 777(i)(1) of the
Tariff Act.
Dated: May 5, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–7231 Filed 5–10–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–428–830)
Notice of Extension of Final Results of
Antidumping Duty Administrative
Review: Stainless Steel Bar from
Germany
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 11, 2006.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander or Natalie Kempkey,
at (202) 482–0182 or (202) 482–1698,
respectively; AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
cchase on PROD1PC60 with NOTICES
AGENCY:
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16:29 May 10, 2006
Jkt 208001
Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2006, the Department
of Commerce (‘‘the Department’’)
published the preliminary results of the
administrative review of the
antidumping order on stainless steel bar
from Germany for the period March 1,
2004, through February 28, 2005 (See
Stainless Steel Bar from Germany:
Preliminary Results of Antidumping
Administrative Review, 71 FR 5811
(February 3, 2006) (‘‘Preliminary
Results’’)). The current deadline for the
final results of this review is June 5,
2006.
Extension of Time Limit for Final
Results of Review
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue (1) the
preliminary results of a review within
245 days after the last day of the month
in which occurs the anniversary of the
date of publication of an order or
finding for which a review is requested,
and (2) the final results within 120 days
after the date on which the preliminary
results are published. However, if it is
not practicable to complete the review
within that time period, section
751(a)(3)(A) of the Act allows the
Department to extend the time limit for
the preliminary results to a maximum of
365 days and the final results to a
maximum of 180 days (or 300 days if
the Department does not extend the
time limit for the preliminary results)
from the date of the publication of the
preliminary results. See 19 CFR
351.213(h)(2).
We determine that it is not practicable
to complete the final results of this
review within the original time limits.
Due to the complexity of issues present
in this administrative review, such as
BGH’s claim of a downward adjustment
to normal value for home market
commissions and the Department’s
upward adjustment to BGH’s cost of
manufacture, the Department needs
more time to address these items and
evaluate the issues more thoroughly.
Therefore, we are extending the
deadline for the final results of this
review by 30 days. Accordingly, the
final results will be issued no later than
July 3, 2006.
This extension is in accordance with
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2).
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27465
Dated: May 5, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–7225 Filed 5–10–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmosphere
Administration
[I.D. 050806C]
Magnuson-Stenves Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
SUMMARY: The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator) has made a
preliminary determination that the
subject exempted fishing permit (EEP)
application contains all the required
information and warrants further
consideration. The EEP, which would
enable researchers to investigate the
feasibility of using a raised footnote
trawl to catch haddock and pollock
while limiting cod and flounder by
catch, would allow for exemptions from
the FMP as follows: Gulf of Maine
(GOM) Rolling Closure Areas II and IV;
and the minimum mesh size for trawl
gear. The Assistant Regional
Administrator has also made a
preliminary determination that the
activities authorized under the EFP
would be consistent with the goals and
objectives of the Northeast (NE)
Multispecies Fishery Management Plan
(FMP). However, further review and
consultation may be necessary before a
final determinations is made to issue the
EFP. Therefore, NMFS announces that
the Assistant Regional Administrator
proposes to recommend that an EFP is
issued that would allow two
commercial fishing vessels to conduct
fishing operations that are otherwise
restricted by the regulations governing
the fisheries of the Northeastern United
States.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
applications for proposed EFPs.
DATES: Comments must be received on
or before May 26, 2006.
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]]>Agencies
[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27463-27465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7231]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-851-802, A-791-808)
Revocation of Antidumping Duty Orders: Certain Small Diameter
Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from the
Czech Republic and South Africa
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 2, 2005, the Department of Commerce (the Department)
initiated its sunset reviews of the antidumping duty orders on small
diameter seamless standard, line, and pressure pipe (seamless pipe)
from the Czech Republic, Japan, Romania and South Africa. See
Initiation of Five-year (``Sunset'') Reviews, 70 FR 22632 (May 2,
2005). Pursuant to section 751(c) of the Tariff Act of 1930, as amended
(the Act), the International Trade Commission (the Commission) in its
sunset reviews determined that revocation of the orders on seamless
pipe from the Czech Republic and South Africa would not 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). Therefore, pursuant to section 751(d)(2) of the Act and 19
CFR 351.222(i)(1)(iii), the Department is revoking the antidumping duty
orders on seamless pipe from the Czech Republic and South Africa.
EFFECTIVE DATE: June 26, 2005 for South Africa; August 14, 2005 for the
Czech Republic.
FOR FURTHER INFORMATION CONTACT: Robert James, AD/CVD Operations Office
7, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-0649.
SUPPLEMENTARY INFORMATION:
Scope of the Orders
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,
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
[[Page 27464]]
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.
Background
On June 26, 2000, the Department published the antidumping duty
orders on small-diameter (defined as less than or equal to 4 [bdfrac12]
inches) seamless pipe from South Africa. See Notice of Antidumping Duty
Orders: 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 the
Republic of South Africa, 65 FR 39360 (June 26, 2000). On August 14,
2000, the Department issued the antidumping duty order on seamless pipe
from the Czech Republic. See Notice of Antidumping Duty Order: Certain
Small-Diameter Carbon and Alloy Seamless Standard, Line, and Pressure
Pipe from the Czech Republic, 65 FR 49539 (August 14, 2000).
On May 2, 2005, the Department initiated, and the Commission
instituted, sunset reviews of the antidumping duties orders on seamless
pipe from the Czech Republic and South Africa. See Initiation of Five-
year (``Sunset'') Reviews, 70 FR 22632 (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 Commission of the magnitude of the margin
likely to prevail were the orders to be revoked. See Carbon and Alloy
Seamless Standard, Line, and Pressure Pipe (Under 4 [bdfrac12] 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 6, 2006, the Commission
determined, pursuant to section 751(c) of the Act, that revocation of
the antidumping duty orders on seamless pipe from the Czech Republic
and South Africa would not 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
USITC Publication 3850 (April 2006), entitled Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe from the Czech Republic, Japan,
Mexico, Romania, and South Africa (Inv. Nos. 731-TA-846-850 (Review).
As a result of the determination by the Commission that revocation of
these orders is not likely to lead to continuation or recurrence of
[[Page 27465]]
material injury to an industry in the United States, the Department,
pursuant to section 751(d) of the Act, is revoking the orders on small
diameter seamless pipe from the Czech Republic and South Africa.
Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i),
the effective date of revocation is June 26, 2005, for the antidumping
duty order on South Africa, and August 14, 2005, for the antidumping
duty order on the Czech Republic (i.e., the fifth anniversary of the
date of publication in the Federal Register of the notices of the
antidumping duty orders on the South Africa and the Czech Republic,
respectively).
The Department will notify CBP to discontinue suspension of
liquidation and collection of cash deposits on entries of the subject
merchandise entered or withdrawn from warehouse on or after June 26,
2005, and August 14, 2005, the effective dates of revocation of the
respective antidumping duty orders. The Department will complete any
pending administrative reviews of these orders and will conduct
administrative reviews of subject merchandise entered prior to the
effective date of revocation in response to appropriately filed
requests for review.
These five-year sunset reviews and notice are in accordance with
section 751(d)(2) of the Tariff Act and published pursuant to section
777(i)(1) of the Tariff Act.
Dated: May 5, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-7231 Filed 5-10-06; 8:45 am]
BILLING CODE 3510-DS-S
