Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Argentina, Brazil and Germany: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 59079-59081 [E6-16601]
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Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Notices
administrative review of the
antidumping duty order on pure
magnesium from the People’s Republic
of China (‘‘PRC’’). See Pure Magnesium
from the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review, 71 FR
18067 (April 10, 2006) (‘‘Preliminary
Results’’). In the Preliminary Results, we
stated that we would issue our final
results of review no later than 120 days
after the date of publication of the
preliminary results (i.e., August 8,
2006). On July 31, 2006, the Department
published in the Federal Register a
notice extending the time limit for the
final results of the administrative review
from August 8, 2006, to September 7,
2006. See Notice of Extension of Final
Result of the 2004–2005 Administrative
Review of Pure Magnesium from the
People’s Republic of China, 71 FR 43110
(July 31, 2006). Additionally, on
September 12, 2006, the Department
published a notice extending the time
limit for the final results of review until
September 29, 2006. See Notice of
Extension of Final Results of the 2004–
2005 Administrative Review of Pure
Magnesium from the People’s Republic
of China, 71 FR 53662 (September 12,
2006). The final results of review are
currently due no later than September
29, 2006.
cprice-sewell on PROD1PC66 with NOTICES
Extension of Time Limit for Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue the
final results in an administrative review
within 120 days of publication date of
the preliminary results. However, if it is
not practicable to complete the review
within this time period, the Department
may extend the time limit for the final
results to 180 days. Completion of the
final results within the 120-day period
is not practicable because this review
involves certain complex issues
involving valuation of various factors of
production.
Therefore, we are fully extending the
time period for issuing the final results
of review to 180 days until October 7,
2006, in accordance with section
751(a)(3)(A) of the Act. However,
because October 7, 2006, falls on a
Saturday, and the next business day
October 9, 2006 is a federal holiday, the
final results will be due on October 10,
2006, the next business day. This notice
is published pursuant to sections 751(a)
and 777(i) of the Act.
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14:52 Oct 05, 2006
Jkt 211001
Dated: September 28, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration
[FR Doc. E6–16522 Filed 10–5–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–357–809, A–351–826, A–428–820)
Certain Small Diameter Carbon and
Alloy Seamless Standard, Line, and
Pressure Pipe from Argentina, Brazil
and Germany: Final Results of the
Expedited Sunset Reviews of the
Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2006, the
Department of Commerce (the
Department) initiated sunset reviews of
the antidumping duty orders on certain
small diameter carbon and alloy
seamless standard, line, and pressure
pipe (seamless line pipe) from
Argentina, Brazil, and Germany
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). See
Initiation of Five-year (‘‘Sunset’’)
Reviews, 71 FR 31153 (June 1, 2006)
(Sunset Initiation). On the basis of a
notice of intent to participate and
adequate substantive responses filed on
behalf of domestic interested parties,
and only one notice of intent to
participate filed on behalf of a German
respondent interested party, Benteler
Stahl/Rohr GmbH (Benteler Stahl), the
response for which was determined by
the Department to be inadequate, the
Department conducted expedited (120day) sunset reviews. As a result of these
sunset reviews, the Department finds
that revocation of the antidumping duty
orders would likely lead to the
continuation or recurrence of dumping.
The dumping margins are identified in
the Final Results of Review section of
this notice.
EFFECTIVE DATE: October 6, 2006.
FOR FURTHER INFORMATION CONTACT:
Dana Mermelstein or Dena Crossland,
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1391 or (202) 482–
3362, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 1, 2006, the Department
initiated sunset reviews of the
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Sfmt 4703
59079
antidumping duty orders on seamless
line pipe from Argentina, Brazil, and
Germany pursuant to section 751(c) of
the Act. See Sunset Initiation. The
Department received notices of intent to
participate from two domestic interested
parties, United States Steel Corporation
(US Steel) and Koppel Steel Corporation
(Koppel Steel) (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 the
domestic like product. We received
complete substantive responses from the
domestic interested parties within the
30-day deadline specified in 19 CFR
351.218(d)(3)(i) on July 3, 2006.
The Department received one
substantive response from the German
respondent interested party, Benteler
Stahl, on July 3, 2006. On July 14, 2006,
we received rebuttal responses from
domestic interested parties and Benteler
Stahl. After reviewing its substantive
and rebuttal responses, the Department
determined that Benteler Stahl’s
submissions were inadequate, pursuant
to sections 218(e)(1)(ii)(A) and (C) of the
Department’s regulations. See
Memorandum from Dena M. Crossland,
Import Compliance Specialist, through
Richard O. Weible, AD/CVD Operations
Office 7 Director, to Stephen J. Claeys,
Deputy Assistant Secretary of Import
Administration, regarding Adequacy
Determination: Sunset Review of the
Antidumping Duty Order on Seamless
Standard Line, and Pressure Pipe from
Germany, dated July 21, 2006. No other
respondent interested parties submitted
responses. As a result of the timely
filed, substantive responses from
domestic interested parties, and the
inadequacy of the substantive response
for Germany (the sole substantive
response from a respondent interested
party in these sunset reviews), the
Department conducted expedited sunset
reviews of these orders, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2).
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
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Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Notices
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 pipelines. Seamless line
pipes are produced to the API 5L
specification.
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14:52 Oct 05, 2006
Jkt 211001
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
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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.
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Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Notices
Analysis of Comments Received
All issues raised in these cases are
addressed in the ‘‘Issues and Decision
Memorandum’’ from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated September 28,
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 are 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 Web at https://
ia.ita.doc.gov, under the heading
‘‘September 2006.’’ The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Final Results of Reviews
We determine that revocation of the
antidumping duty orders on pipe
fittings from Argentina, Brazil, and
Germany would likely lead to
continuation or recurrence of dumping
at the following percentage weighted–
average margins:
Manufacturers/exporters/producers
Weighted–average margin (percent)
Argentina.
Siderca SAIC .................................................................................................................................................
All Others .......................................................................................................................................................
Brazil.
V & M do Brasil, S.A. ....................................................................................................................................
All Others .......................................................................................................................................................
Germany.
Vallourec & Mannesmann Tubes - V&M Deutschland GmbH ......................................................................
All Others .......................................................................................................................................................
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: September 29, 2006.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import
Administration.
[FR Doc. E6–16601 Filed 10–5–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–533–809
cprice-sewell on PROD1PC66 with NOTICES
Stainless Steel Flanges from India:
Notice of Initiation of Antidumping
Duty New Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has received requests
for new shipper reviews of the
antidumping duty order on certain
AGENCY:
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14:52 Oct 05, 2006
Jkt 211001
forged stainless steel flanges (flanges)
from India issued on February 9, 1994.
See Amended Final Determination and
Antidumping Duty Order; Certain
Forged Stainless Steel Flanges from
India, 59 FR 5994 (February 9, 1994). In
accordance with section 751(a)(2)(B) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.214(d) (2005), we
are initiating antidumping new shipper
reviews of Micro Forge (India), Ltd.
(Micro) and Pradeep Metals Limited
(Pradeep), exporters and producers that
requested new shipper reviews.
EFFECTIVE DATE: October 6, 2006.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, Michael Heaney, or 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) 482–2924, (202) 482–
4475, or (202) 482–0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214(d), the Department received
timely requests submitted by Micro and
Pradeep (producers and exporters of
flanges) for new shipper reviews of the
antidumping duty order on flanges from
India. See August 31, 2006, letters from
Micro and Pradeep to the Secretary of
Commerce requesting new shipper
reviews.
Pursuant to 19 CFR 351.214(b), Micro
and Pradeep certified that they are both
exporters and producers of the subject
merchandise, that they did not export
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59081
Sfmt 4703
108.13
108.13
124.94
124.94
57.72
57.72
subject merchandise to the United
States during the period of the
investigation (POI) (July 1, 1992 through
December 31, 1992), and that since the
investigation was initiated, they have
not been affiliated with any producer or
exporter who exported the subject
merchandise to the United States during
the POI. They also submitted
documentation establishing the date on
which they first shipped the subject
merchandise to the United States, the
volume of those shipments, and the date
of their first sales to unaffiliated
customers in the United States. They
also certified they had no shipments to
the United States during the period
subsequent to their first shipments.
Initiation of Review
In accordance with section
751(a)(2)(B) of the Act and section
351.214(d) of the Department’s
regulations, we find that the requests
submitted by Micro and Pradeep meet
the threshold requirements for initiation
of a new shipper review. Accordingly,
we are initiating new shipper reviews of
the antidumping duty order on flanges
from India manufactured and exported
by Micro and Pradeep. These reviews
cover the period February 1, 2006,
through July 31, 2006. We intend to
issue the preliminary results of these
reviews no later than 180 days after the
date on which these reviews are
initiated, and the final results within 90
days after the date on which we issue
the preliminary results. See section
751(a)(2)(B)(iv) of the Act.
On August 17, 2006, the Pension
Protection Act of 2006 (H.R. 4) was
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]]>Agencies
[Federal Register Volume 71, Number 194 (Friday, October 6, 2006)]
[Notices]
[Pages 59079-59081]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16601]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-357-809, A-351-826, A-428-820)
Certain Small Diameter Carbon and Alloy Seamless Standard, Line,
and Pressure Pipe from Argentina, Brazil and Germany: Final Results of
the Expedited Sunset Reviews of the Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2006, the Department of Commerce (the Department)
initiated sunset reviews of the antidumping duty orders on certain
small diameter carbon and alloy seamless standard, line, and pressure
pipe (seamless line pipe) from Argentina, Brazil, and Germany pursuant
to section 751(c) of the Tariff Act of 1930, as amended (the Act). See
Initiation of Five-year (``Sunset'') Reviews, 71 FR 31153 (June 1,
2006) (Sunset Initiation). On the basis of a notice of intent to
participate and adequate substantive responses filed on behalf of
domestic interested parties, and only one notice of intent to
participate filed on behalf of a German respondent interested party,
Benteler Stahl/Rohr GmbH (Benteler Stahl), the response for which was
determined by the Department to be inadequate, the Department conducted
expedited (120-day) sunset reviews. As a result of these sunset
reviews, the Department finds that revocation of the antidumping duty
orders would likely lead to the continuation or recurrence of dumping.
The dumping margins are identified in the Final Results of Review
section of this notice.
EFFECTIVE DATE: October 6, 2006.
FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or Dena Crossland,
AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1391 or (202) 482-3362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2006, the Department initiated sunset reviews of the
antidumping duty orders on seamless line pipe from Argentina, Brazil,
and Germany pursuant to section 751(c) of the Act. See Sunset
Initiation. The Department received notices of intent to participate
from two domestic interested parties, United States Steel Corporation
(US Steel) and Koppel Steel Corporation (Koppel Steel) (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 the domestic like product. We received
complete substantive responses from the domestic interested parties
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i) on July
3, 2006.
The Department received one substantive response from the German
respondent interested party, Benteler Stahl, on July 3, 2006. On July
14, 2006, we received rebuttal responses from domestic interested
parties and Benteler Stahl. After reviewing its substantive and
rebuttal responses, the Department determined that Benteler Stahl's
submissions were inadequate, pursuant to sections 218(e)(1)(ii)(A) and
(C) of the Department's regulations. See Memorandum from Dena M.
Crossland, Import Compliance Specialist, through Richard O. Weible, AD/
CVD Operations Office 7 Director, to Stephen J. Claeys, Deputy
Assistant Secretary of Import Administration, regarding Adequacy
Determination: Sunset Review of the Antidumping Duty Order on Seamless
Standard Line, and Pressure Pipe from Germany, dated July 21, 2006. No
other respondent interested parties submitted responses. As a result of
the timely filed, substantive responses from domestic interested
parties, and the inadequacy of the substantive response for Germany
(the sole substantive response from a respondent interested party in
these sunset reviews), the Department conducted expedited sunset
reviews of these orders, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2).
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
[[Page 59080]]
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 pipelines. Seamless line pipes are
produced to the API 5L specification.
Seamless water well pipe (ASTM A-589) and seamless galvanized pipe
for fire protection uses (ASTM A-795) are used for the conveyance of
water.
Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53, API 5L-B, and API 5L-X42 specifications. To avoid
maintaining separate production runs and separate inventories,
manufacturers typically triple or quadruple certify the pipes by
meeting the metallurgical requirements and performing the required
tests pursuant to the respective specifications. Since distributors
sell the vast majority of this product, they can thereby maintain a
single inventory to service all customers.
The primary application of ASTM A-106 pressure pipes and triple or
quadruple certified pipes is use in pressure piping systems by
refineries, petrochemical plants, and chemical plants. Other
applications are in power generation plants (electrical-fossil fuel or
nuclear), and in some oil field uses (on shore and off shore) such as
for separator lines, gathering lines and metering runs. A minor
application of this product is for use as oil and gas distribution
lines for commercial applications. These applications constitute the
majority of the market for the subject seamless pipes. However, ASTM A-
106 pipes may be used in some boiler applications.
Redraw hollows are any unfinished pipe or ``hollow profiles'' of
carbon or alloy steel transformed by hot rolling or cold drawing/
hydrostatic testing or other methods to enable the material to be sold
under ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM
A-589, ASTM A-795, and API 5L specifications.
The scope of the orders includes all seamless pipe meeting the
physical parameters described above and produced to one of the
specifications listed above, regardless of application, with the
exception of the specific exclusions discussed below, and whether or
not also certified to a non-covered specification. Standard, line, and
pressure applications and the above-listed specifications are defining
characteristics of the scope of the orders. Therefore, seamless pipes
meeting the physical description above, but not produced to the ASTM A-
53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-
795, and API 5L specifications shall be covered if used in a standard,
line, or pressure application, with the exception of the specific
exclusions discussed below. For example, there are certain other ASTM
specifications of pipe which, because of overlapping characteristics,
could potentially be used in ASTM A-106 applications. These
specifications generally include ASTM A-161, ASTM A-192, ASTM A-210,
ASTM A-252, ASTM A-501, ASTM A-523, ASTM A-524, and ASTM A-618. When
such pipes are used in a standard, line, or pressure pipe application,
with the exception of the specific exclusions discussed below, such
products are covered by the scope of the orders.
Specifically excluded from the scope of the orders are boiler
tubing and mechanical tubing, if such products are not produced to ASTM
A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM
A-795, and API 5L specifications and are not used in standard, line, or
pressure pipe applications. In addition, finished and unfinished oil
country tubular goods (OCTG) are excluded from the scope of the orders,
if covered by the scope of another antidumping duty order from the same
country. If not covered by such an OCTG order, finished and unfinished
OCTG are included in this scope when used in standard, line or pressure
applications.
With regard to the excluded products listed above, the Department
will not instruct U.S. Customs and Border Protection (CBP) to require
end-use certification until such time as petitioner or other interested
parties provide to the Department a reasonable basis to believe or
suspect that the products are being used in a covered application. If
such information is provided, we will require end-use certification
only for the product(s) (or specification(s)) for which evidence is
provided that such products are being used in covered applications as
described above. For example, if, based on evidence provided by
petitioner, the Department finds a reasonable basis to believe or
suspect that seamless pipe produced to the A-161 specification is being
used in a standard, line or pressure application, we will require end-
use certifications for imports of that specification. Normally we will
require only the importer of record to certify to the end use of the
imported merchandise. If it later proves necessary for adequate
implementation, we may also require producers who export such products
to the United States to provide such certification on invoices
accompanying shipments to the United States.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the merchandise subject to
this scope is dispositive.
[[Page 59081]]
Analysis of Comments Received
All issues raised in these cases are addressed in the ``Issues and
Decision Memorandum'' from Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, to David M. Spooner, Assistant
Secretary for Import Administration, dated September 28, 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 are 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 Web at https://ia.ita.doc.gov, under the
heading ``September 2006.'' The paper copy and electronic version of
the Decision Memorandum are identical in content.
Final Results of Reviews
We determine that revocation of the antidumping duty orders on pipe
fittings from Argentina, Brazil, and Germany would likely lead to
continuation or recurrence of dumping at the following percentage
weighted-average margins:
------------------------------------------------------------------------
Manufacturers/exporters/producers Weighted-average margin (percent)
------------------------------------------------------------------------
Argentina..........................
Siderca SAIC....................... 108.13
All Others......................... 108.13
Brazil.............................
V & M do Brasil, S.A............... 124.94
All Others......................... 124.94
Germany............................
Vallourec & Mannesmann Tubes - V&M 57.72
Deutschland GmbH..................
All Others......................... 57.72
------------------------------------------------------------------------
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: September 29, 2006.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E6-16601 Filed 10-5-06; 8:45 am]
BILLING CODE 3510-DS-S
