Certain Small Diameter Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe from Brazil: Notice of Final Results of Antidumping Duty Administrative Review, 56473-56475 [E6-15857]
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Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices
reservoir capable of producing 7.0
million gallons of raw water per day for
the residents and communities of north
central Missouri; water-based
recreational opportunities; and flood
reduction of the floodplains of East
Locust Creek, Little East Locust Creek,
and the common floodplain area of
Locust Creek. The planned works of
improvement include: One multiplepurpose reservoir; a water intake
structure; a raw water line; 22 small
floodwater retarding structures; seven
modified existing small floodwater
retarding structures; five small
sediment/debris basins; and recreational
facilities.
No administrative action on
implementation of the proposal will be
taken until 30 days after the date of this
publication in the Federal Register.
Dated: September 14, 2006.
Roger A. Hansen,
State Conservationist.
(This activity is listed in the Catalog of
Federal Domestic Assistance under No.
10.904, Watershed Protection and Flood
Prevention, and is subject to the provisions
of Executive Order 12372, which requires
intergovernmental consultation with State
and local officials.)
[FR Doc. E6–15777 Filed 9–26–06; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–868]
Folding Metal Tables and Chairs:
Notice of Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (‘‘the Department’’) initiated
an administrative review of the
antidumping duty order on folding
metal tables and chairs (‘‘FMTCs’’) from
the People’s Republic of China (‘‘PRC’’),
covering the period June 1, 2005,
through May 31, 2006. Based on the
withdrawal of the request for review
with respect to one company, we are
rescinding this administrative review, in
part.
DATES: Effective Date: September 27,
2006.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Charles Riggle, Laurel LaCivita, or
Matthew Quigley, Import
Administration, Room 1870,
VerDate Aug<31>2005
16:48 Sep 26, 2006
Jkt 208001
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Ave, NW,
Washington, DC 20230; telephone: (202)
482–0650, (202) 482–4243, and (202)
482–4551, respectively.
Background
On June 2, 2006, the Department of
Commerce (‘‘the Department’’)
published a notice of opportunity to
request an administrative review of the
antidumping duty order on FMTCs from
the PRC. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 71
FR 32032 (June 2, 2006). We received
timely requests for review from
DongGuan ShiChang Metals Factory
Ltd./Maxchief Investments, Ltd.
(‘‘Shichang’’), Feili Furniture
Development Limited Quanzhou City,
Feili Furniture Development Co., Ltd.,
Feili Group (Fujian) Co., Ltd., Feili
(Fujian) Co., Ltd (collectively ‘‘Feili’’),
and New-Tec Integration (Xiamen) Co.,
Ltd. (‘‘New-Tec’’).
On July 27, 2006, the Department
published a notice of the initiation of
the antidumping duty administrative
review of FMTCs from the PRC for the
period June 1, 2005, through May 31,
2006. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 71 FR 42626, 42627 (July 27,
2006). On July 28, 2006, Shichang
withdrew its request for an
administrative review.
Rescission of Review
The Department’s regulations, at 19
CFR 351.213(d)(1), provide that the
Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review, or
withdraws its request at a later date if
the Department determines that it is
reasonable to extend the time limit for
withdrawing the request. Shichang, the
only party to request a review for this
company, withdrew its request within
the 90-day limit. Therefore, we are
rescinding this review of the
antidumping duty order on FMTCs from
the PRC covering the period June 1,
2005, through May 31, 2006, with
respect to Shichang.
Assessment
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. For the company for
which this review is rescinded,
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Fmt 4703
Sfmt 4703
56473
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department will
issue appropriate assessment
instructions directly to CBP within 15
days of publication of this notice.
Notification Regarding APOs
This notice also serves as a 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, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction. This notice
is issued and published in accordance
with section 777(i)(1) of the Tariff Act
of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: September 20, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–15862 Filed 9–26–06; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–351–826)
Certain Small Diameter Seamless
Carbon and Alloy Steel Standard, Line
and Pressure Pipe from Brazil: Notice
of Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 26, 2006, the
Department of Commerce published the
preliminary results of the administrative
review of the antidumping duty order
on certain small diameter seamless
carbon and alloy steel standard, line and
pressure pipe (seamless pipe) from
Brazil. This administrative review
covers V & M do Brasil, S.A. (VMB), a
manufacturer/exporter of seamless pipe.
The period of review (POR) is August 1,
2004, through July 31, 2005.
Based on our analysis of the
comments received, we have made
changes to certain currency conversion
AGENCY:
E:\FR\FM\27SEN1.SGM
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56474
Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices
variables, but the margin is unchanged
from the preliminary results. The final
weighted–average dumping margin for
the reviewed firm is shown below in the
section entitled ‘‘Final Results of
Review.’’
September 27, 2006.
FOR FURTHER INFORMATION CONTACT:
Helen Kramer or David Kurt Kraus at
(202) 482–0405 or (202) 482–7871,
respectively; AD/CVD Operations,
Office 7, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
EFFECTIVE DATE:
Background
On May 26, 2006, the Department of
Commerce (the Department) published
in the Federal Register its preliminary
results in this administrative review.
See Certain Small Diameter Seamless
Carbon and Alloy Steel Standard, Line
and Pressure Pipe from Brazil;
Preliminary Results of Antidumping
Duty Administrative Review, 71 FR
30379 (May 26, 2006) (Preliminary
Results). We invited parties to comment
on the Preliminary Results. On June 26,
2006, we received a case brief from the
sole respondent, VMB. No other party
commented on the Preliminary Results.
Based on our analysis of the comments
received from VMB, we corrected errors
in currency conversions. These
corrections did not affect the margin. No
party requested a public hearing.
rwilkins on PROD1PC63 with NOTICES
Scope of the Order
The products covered by the order are
seamless pipes produced to the ASTM
A–335, ASTM A–106, ASTM A–53 and
API 5L specifications and meeting the
physical parameters described below,
regardless of application. The scope of
this order also includes all products
used in standard, line, or pressure pipe
applications and meeting the physical
parameters below, regardless of
specification.
For purposes of this order, seamless
pipes are seamless carbon and alloy
(other than stainless) steel pipes, of
circular cross-section, not more than
114.3 mm (4.5 inches) 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.
These pipes are commonly known as
standard pipe, line pipe or pressure
pipe, depending upon the application.
They may also be used in structural
applications. Pipes produced in non–
VerDate Aug<31>2005
16:48 Sep 26, 2006
Jkt 208001
standard wall thickness are commonly
referred to as tubes.
The seamless pipes subject to this
antidumping duty order are currently
classifiable under subheadings
7304.10.10.20, 7304.10.50.20,
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).
The following information further
defines the scope of this order, which
covers pipes meeting the physical
parameters described above:
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 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
standard A–106 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
standard A–335 must be used if
temperatures and stress levels exceed
those allowed for A–106 and the ASME
codes. Seamless pressure pipes sold in
the United States are commonly
produced to the ASTM A–106 standard.
Seamless standard pipes are most
commonly produced to the ASTM A–53
specification and generally are not
intended for high temperature service.
They are intended for the low
temperature and pressure conveyance of
water, steam, natural gas, air and other
liquids and gasses in plumbing and
heating systems, air conditioning units,
automatic sprinkler systems, and other
related uses. Standard pipes (depending
on type and code) may carry liquids at
elevated temperatures but must not
exceed relevant ASME code
requirements.
Seamless line pipes are intended for
the conveyance of oil and natural gas or
other fluids in pipelines. Seamless line
pipes are produced to the API 5L
specification.
Seamless pipes are commonly
produced and certified to meet ASTM
A–106, ASTM A–53 and API 5L
specifications. Such triple certification
of pipes is common because all pipes
meeting the stringent ASTM A–106
specification necessarily meet the API
5L and ASTM A–53 specifications.
Pipes meeting the API 5L specification
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
necessarily meet the ASTM A–53
specification. However, pipes meeting
the A–53 or API 5L specifications do not
necessarily meet the A–106
specification. To avoid maintaining
separate production runs and separate
inventories, manufacturers triple–certify
the pipes. 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–certified
pipes is 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, A–
106 pipes may be used in some boiler
applications.
The scope of this order includes all
seamless pipe meeting the physical
parameters described above and
produced to one of the specifications
listed above, regardless of application,
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 this order.
Therefore, seamless pipes meeting the
physical description above, but not
produced to the ASTM A–335, ASTM
A–106, ASTM A–53, or API 5L
standards shall be covered if used in a
standard, line or pressure application.
For example, there are certain other
ASTM specifications of pipe that,
because of overlapping characteristics,
could potentially be used in A–106
applications. These specifications
generally include A–162, A–192, A–210,
A–333, and A–524. 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 this order
are boiler tubing and mechanical tubing,
if such products are not produced to
ASTM A–335, ASTM A–106, ASTM A–
53 or API 5L specifications and are not
used in standard, line or pressure
applications. In addition, finished and
unfinished oil country tubular goods
(OCTG’) are excluded from the scope of
this order, 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
E:\FR\FM\27SEN1.SGM
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Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices
applications. Finally, also excluded
from this order are redraw hollows for
cold–drawing when used in the
production of cold–drawn pipe or tube.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this order is dispositive.
Changes Since the Preliminary Results
VMB stated in its case brief dated
June 27, 2006, that the Department
made a clerical error in the dumping
margin calculation in the preliminary
results. Specifically, VMB argued that
the Department failed to convert U.S.
expenses incurred and reported in
Brazilian reais to U.S. dollars. See VMB
Case Brief, dated June 27, 2006. Based
on our analysis of the comments
received, we concur with VMB and have
corrected these errors. We note that the
corrections did not change the margin
for the final results. See Memorandum
to the File from Helen M. Kramer, Team
Leader, and David K. Kraus, Case
Analyst: Analysis Memorandum for the
Final Results of Administrative Review
of Certain Small Diameter Seamless
Carbon and Alloy Steel Standard, Line
and Pressure Pipe from Brazil: V & M do
Brasil, S.A., dated August 31, 2006
(Analysis Memo).
Final Results Of Review:
As a result of our review, we
determine that the following weighted–
average margin exists for the period of
August 1, 2004, through July 31, 2005:
Producer
Weighted–Average
Margin (Percentage)
rwilkins on PROD1PC63 with NOTICES
V & M do Brasil, S.A.
0.00 percent
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries, pursuant to
section 751(a)(1)(B) of the Tariff Act of
1930 (the Act), and 19 CFR 351.212(b).
The Department calculated importer–
specific duty assessment rates on the
basis of the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of the examined sales for that
importer. The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of seamless pipe during
the POR produced by VMB where VMB
did not know its merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the all–
others rate if there is no rate for the
intermediate company or companies
VerDate Aug<31>2005
16:48 Sep 26, 2006
Jkt 208001
involved in the transaction. For a
discussion of this clarification, see
Notice of Policy Concerning Assessment
of Antidumping Duties, 68 FR 23954
(May 6, 2003). The Department will
issue appropriate assessment
instructions directly to CBP within 15
days of publication of these final results
of review.
Cash Deposit Requirements
Furthermore, the following deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of seamless pipe from Brazil entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results, as provided
by section 751(a) of the Act: (1) for the
company covered by this review, the
cash deposit rate will be zero; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in the investigation, the cash
deposit rate will continue to be the
company–specific rate from the final
determination; (3) if the exporter is not
a firm covered in this review or the
investigation, but the producer is, the
cash deposit rate will be that established
for the producer of the merchandise for
the most recent period; and (4) if neither
the exporter nor the producer is a firm
covered in this review or the
investigation, the cash deposit rate will
be 124.94 percent, the ‘‘All Others’’ rate
established in the less–than-fair–value
investigation. See Notice of
Antidumping Duty Order and Amended
Final Determination: Certain Small
Diameter Seamless Carbon and Alloy
Steel Standard, Line and Pressure Pipe
from Brazil, 60 FR 39707 (August 3,
1995). These deposit rates, when
imposed, shall remain in effect until
publication of the final results of the
next administrative review.
Notification of Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402
(f)(2) to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred, and in the
subsequent assessment of double
antidumping duties.
This notice also is the only reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
56475
with 19 CFR 351.305. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: September 20, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–15857 Filed 9–26–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Notice of Extension of Time Limit for
Final Results of New Shipper Reviews
of Wooden Bedroom Furniture From
the People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 27, 2006.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–6412.
AGENCY:
Background
On July 6, 2006, the Department of
Commerce (‘‘the Department’’)
published the preliminary results of the
new shipper reviews of the antidumping
duty order on wooden bedroom
furniture (‘‘WBF’’) from the People’s
Republic of China (‘‘PRC’’), covering the
period June 24, 2004, through June 30,
2005, and the following exporters:
Shenyang Kunyu Wood Industry Co.,
Ltd., Dongguan Landmark Furniture
Products Ltd., Meikangchi (Nantong)
Furniture Company Ltd, and WBE
Industries (Hui-Yang) Co., Ltd. See
Wooden Bedroom Furniture from the
People’s Republic of China: Preliminary
Results of 2004–2005 Semi-Annual New
Shipper Reviews and Notice of Final
Rescission of One New Shipper Review,
71 FR 38373 (July 6, 2006) (‘‘Preliminary
Results’’). The final results are currently
due on September 25, 2006.
Extension of Time Limits for Final
Results
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
E:\FR\FM\27SEN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Notices]
[Pages 56473-56475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15857]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-351-826)
Certain Small Diameter Seamless Carbon and Alloy Steel Standard,
Line and Pressure Pipe from Brazil: Notice of Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 26, 2006, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on certain small diameter seamless carbon and alloy steel
standard, line and pressure pipe (seamless pipe) from Brazil. This
administrative review covers V & M do Brasil, S.A. (VMB), a
manufacturer/exporter of seamless pipe. The period of review (POR) is
August 1, 2004, through July 31, 2005.
Based on our analysis of the comments received, we have made
changes to certain currency conversion
[[Page 56474]]
variables, but the margin is unchanged from the preliminary results.
The final weighted-average dumping margin for the reviewed firm is
shown below in the section entitled ``Final Results of Review.''
EFFECTIVE DATE: September 27, 2006.
FOR FURTHER INFORMATION CONTACT: Helen Kramer or David Kurt Kraus at
(202) 482-0405 or (202) 482-7871, respectively; AD/CVD Operations,
Office 7, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On May 26, 2006, the Department of Commerce (the Department)
published in the Federal Register its preliminary results in this
administrative review. See Certain Small Diameter Seamless Carbon and
Alloy Steel Standard, Line and Pressure Pipe from Brazil; Preliminary
Results of Antidumping Duty Administrative Review, 71 FR 30379 (May 26,
2006) (Preliminary Results). We invited parties to comment on the
Preliminary Results. On June 26, 2006, we received a case brief from
the sole respondent, VMB. No other party commented on the Preliminary
Results. Based on our analysis of the comments received from VMB, we
corrected errors in currency conversions. These corrections did not
affect the margin. No party requested a public hearing.
Scope of the Order
The products covered by the order are seamless pipes produced to
the ASTM A-335, ASTM A-106, ASTM A-53 and API 5L specifications and
meeting the physical parameters described below, regardless of
application. The scope of this order also includes all products used in
standard, line, or pressure pipe applications and meeting the physical
parameters below, regardless of specification.
For purposes of this order, seamless pipes are seamless carbon and
alloy (other than stainless) steel pipes, of circular cross-section,
not more than 114.3 mm (4.5 inches) 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. These pipes are commonly known as standard
pipe, line pipe or pressure pipe, depending upon the application. They
may also be used in structural applications. Pipes produced in non-
standard wall thickness are commonly referred to as tubes.
The seamless pipes subject to this antidumping duty order are
currently classifiable under subheadings 7304.10.10.20, 7304.10.50.20,
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). The following information further defines the scope of this
order, which covers pipes meeting the physical parameters described
above:
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 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
standard A-106 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 standard A-335 must be
used if temperatures and stress levels exceed those allowed for A-106
and the ASME codes. Seamless pressure pipes sold in the United States
are commonly produced to the ASTM A-106 standard.
Seamless standard pipes are most commonly produced to the ASTM A-53
specification and generally are not intended for high temperature
service. They are intended for the low temperature and pressure
conveyance of water, steam, natural gas, air and other liquids and
gasses in plumbing and heating systems, air conditioning units,
automatic sprinkler systems, and other related uses. Standard pipes
(depending on type and code) may carry liquids at elevated temperatures
but must not exceed relevant ASME code requirements.
Seamless line pipes are intended for the conveyance of oil and
natural gas or other fluids in pipelines. Seamless line pipes are
produced to the API 5L specification.
Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53 and API 5L specifications. Such triple certification of
pipes is common because all pipes meeting the stringent ASTM A-106
specification necessarily meet the API 5L and ASTM A-53 specifications.
Pipes meeting the API 5L specification necessarily meet the ASTM A-53
specification. However, pipes meeting the A-53 or API 5L specifications
do not necessarily meet the A-106 specification. To avoid maintaining
separate production runs and separate inventories, manufacturers
triple-certify the pipes. 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-
certified pipes is 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, A-106 pipes may be used in
some boiler applications.
The scope of this order includes all seamless pipe meeting the
physical parameters described above and produced to one of the
specifications listed above, regardless of application, 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 this order. Therefore, seamless pipes
meeting the physical description above, but not produced to the ASTM A-
335, ASTM A-106, ASTM A-53, or API 5L standards shall be covered if
used in a standard, line or pressure application.
For example, there are certain other ASTM specifications of pipe
that, because of overlapping characteristics, could potentially be used
in A-106 applications. These specifications generally include A-162, A-
192, A-210, A-333, and A-524. 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 this order are boiler
tubing and mechanical tubing, if such products are not produced to ASTM
A-335, ASTM A-106, ASTM A-53 or API 5L specifications and are not used
in standard, line or pressure applications. In addition, finished and
unfinished oil country tubular goods (OCTG') are excluded from the
scope of this order, 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
[[Page 56475]]
applications. Finally, also excluded from this order are redraw hollows
for cold-drawing when used in the production of cold-drawn pipe or
tube.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of this order is
dispositive.
Changes Since the Preliminary Results
VMB stated in its case brief dated June 27, 2006, that the
Department made a clerical error in the dumping margin calculation in
the preliminary results. Specifically, VMB argued that the Department
failed to convert U.S. expenses incurred and reported in Brazilian
reais to U.S. dollars. See VMB Case Brief, dated June 27, 2006. Based
on our analysis of the comments received, we concur with VMB and have
corrected these errors. We note that the corrections did not change the
margin for the final results. See Memorandum to the File from Helen M.
Kramer, Team Leader, and David K. Kraus, Case Analyst: Analysis
Memorandum for the Final Results of Administrative Review of Certain
Small Diameter Seamless Carbon and Alloy Steel Standard, Line and
Pressure Pipe from Brazil: V & M do Brasil, S.A., dated August 31, 2006
(Analysis Memo).
Final Results Of Review:
As a result of our review, we determine that the following
weighted-average margin exists for the period of August 1, 2004,
through July 31, 2005:
------------------------------------------------------------------------
Weighted-Average
Producer Margin (Percentage)
------------------------------------------------------------------------
V & M do Brasil, S.A............................... 0.00 percent
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to section 751(a)(1)(B) of the Tariff Act of 1930
(the Act), and 19 CFR 351.212(b). The Department calculated importer-
specific duty assessment rates on the basis of the ratio of the total
amount of antidumping duties calculated for the examined sales to the
total entered value of the examined sales for that importer. The
Department clarified its ``automatic assessment'' regulation on May 6,
2003. This clarification will apply to entries of seamless pipe during
the POR produced by VMB where VMB did not know its merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate if there is no
rate for the intermediate company or companies involved in the
transaction. For a discussion of this clarification, see Notice of
Policy Concerning Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003). The Department will issue appropriate assessment instructions
directly to CBP within 15 days of publication of these final results of
review.
Cash Deposit Requirements
Furthermore, the following deposit requirements will be effective
upon publication of the final results of this administrative review for
all shipments of seamless pipe from Brazil entered, or withdrawn from
warehouse, for consumption on or after the publication date of these
final results, as provided by section 751(a) of the Act: (1) for the
company covered by this review, the cash deposit rate will be zero; (2)
for merchandise exported by producers or exporters not covered in this
review but covered in the investigation, the cash deposit rate will
continue to be the company-specific rate from the final determination;
(3) if the exporter is not a firm covered in this review or the
investigation, but the producer is, the cash deposit rate will be that
established for the producer of the merchandise for the most recent
period; and (4) if neither the exporter nor the producer is a firm
covered in this review or the investigation, the cash deposit rate will
be 124.94 percent, the ``All Others'' rate established in the less-
than-fair-value investigation. See Notice of Antidumping Duty Order and
Amended Final Determination: Certain Small Diameter Seamless Carbon and
Alloy Steel Standard, Line and Pressure Pipe from Brazil, 60 FR 39707
(August 3, 1995). These deposit rates, when imposed, shall remain in
effect until publication of the final results of the next
administrative review.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402 (f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred, and in the subsequent
assessment of double antidumping duties.
This notice also is the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: September 20, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-15857 Filed 9-26-06; 8:45 am]
BILLING CODE 3510-DS-S
