Certain Small Diameter Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe from Brazil: Final Results of Antidumping Duty Administrative Review, 60001-60003 [E7-20844]
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Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Notices
conduct a thorough analysis of all
information on the record. Specifically,
the Department needs to analyze
respondent’s sales to affiliated resellers,
their downstream sales and the levels of
trade at which these transactions
occurred. Therefore, the Department
finds that it is not practicable to
complete the preliminary results of this
review within the original time limit
and is extending the deadline for
completion of the preliminary results of
this administrative review of the
antidumping duty order on circular
welded carbon steel pipes and tubes
from Thailand by 120 days, from
December 1, 2007 to March 30, 2008.
Because March 30, 2008 is a Sunday,
the Department will issue the
preliminary results no later than March
31, 2008, which is the next business day
after the 120–day extension period.
This notice is issued and published
pursuant to sections 751(a)(3)(A) and
777(i)(1) of the Act.
Dated: October 16, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–20846 Filed 10–22–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–826]
Certain Small Diameter Seamless
Carbon and Alloy Steel Standard, Line
and Pressure Pipe from Brazil: Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 11, 2007, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping order on certain small
diameter seamless carbon and alloy
steel standard, line and pressure pipe
(seamless pipe) from Brazil. See Certain
Small Diameter Seamless Carbon and
Alloy Steel Standard, Line and Pressure
Pipe from Brazil; Preliminary Results of
Antidumping Duty Administrative
Review, 72 FR 37723 (July 11, 2007)
(Preliminary Results). The review covers
one producer/exporter, V&M do Brasil,
S.A. (VMB). The period of review (POR)
is August 1, 2005, through July 15,
2006.1 We invited interested parties to
rfrederick on PROD1PC67 with NOTICES
AGENCY:
1 Since the effective date of revocation of the
antidumping duty order pursuant to the sunset
review (see infra Background Section) is July 16,
VerDate Aug<31>2005
15:33 Oct 22, 2007
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comment on our Preliminary Results.
The Department received no comments
concerning our preliminary results;
therefore, our final results remain
unchanged from our preliminary results.
The final results are listed in the section
‘‘Final Results of Review’’ below.
EFFECTIVE DATE: October 23, 2007.
FOR FURTHER INFORMATION CONTACT:
Dena Crossland or Stephen Bailey, 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) 482–3362 or (202) 482–
0193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2007, the International
Trade Commission determined
revocation of the antidumping duty
orders on seamless pipe from Argentina
and Brazil would not likely lead to
continuation or recurrence of material
injury to an industry in the United
States. See Certain Seamless Carbon
and Alloy Steel Standard, Line, and
Pressure Pipe from Argentina, Brazil,
and Germany, 72 FR 26153 (May 8,
2007), and ITC Publication 3918 (May
2007), Investigation No. 731–TA–707–
709 (Second Review). Thus, the
Department revoked the antidumping
duty orders on seamless line pipe from
Argentina and Brazil, pursuant to
sections 751(c) and 751(d) of the Act.
See Revocation Pursuant to Second
Five-year (‘‘Sunset’’) Reviews of
Antidumping Duty Orders: Certain
Small Diameter Carbon and Alloy
Seamless Standard, Line and Pressure
Pipe from Argentina and Brazil, 72 FR
28027 (May 18, 2007) (Revocation of
Seamless Pipe from Argentina and
Brazil). The Department stated in the
Revocation of Seamless Pipe from
Argentina and Brazil that it 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. Pursuant to section 751(d)(2) of
the Act and 19 CFR 351.222(i)(2)(i), the
effective date of revocation is July 16,
2006. As a result, the Department is
completing the instant review of
seamless pipe from Brazil. Accordingly,
the period of review for this proceeding
is from August 1, 2005, to July 15, 2006.
On July 11, 2007, the Department
published the preliminary results of this
2006, the POR is August 1, 2005, through July 15,
2006.
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60001
review in the Federal Register. See
Preliminary Results. We invited parties
to comment on the Preliminary Results.
We received no comments or a request
for a hearing.
Scope of the Antidumping Duty Review
The products covered by this
antidumping duty review 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 review
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 review, 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 review are currently
classifiable under subheadings
7304.19.10.20, 7304.19.50.20,
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
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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,
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15:33 Oct 22, 2007
Jkt 214001
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 which,
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
review 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 review,
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. Finally, also excluded
from this review are redraw hollows for
cold–drawing when used in the
production of cold–drawn pipe or tube.
Excluded from this order are
shipments of 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 or
manufacturing process (hot–finished or
cold–drawn) that 1) has been cut into
lengths of six to 120 inches, 2) has had
the inside bore ground to a smooth
surface, 3) has had multiple layers of
specially formulated corrosion resistant
glass permanently baked on at
temperatures of 1,440 to 1,700 degrees
Fahrenheit in thicknesses from 0.032 to
0.085 inch (40 to 80 mils), and 4) has
flanges or other forged stub ends welded
on both ends of the pipe. The special
corrosion resistant glass referred to in
this definition may be glass containing
by weight 1) 70 to 80 percent of an
oxide of silicone, zirconium, titanium or
cerium (Oxide Group RO2), 2) 10 to 15
percent of an oxide of sodium,
potassium, or lithium (Oxide Group
RO), 3) from a trace amount to five
percent of an oxide of either aluminum,
cobalt, iron, vanadium, or boron (Oxide
Group R2O3), or 4) from a trace amount
to five percent of a fluorine compound
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in which fluorine replaces the oxygen in
any one of the previously listed oxide
groups. These glass–lined pressure
pipes are commonly manufactured for
use in glass–lined equipment systems
for processing corrosive or reactive
chemicals, including acrylates,
alkanolamines, herbicides, pesticides,
pharmaceuticals and solvents. The
glass–lined pressure pipes excluded
from this antidumping duty review are
currently classifiable under subheadings
7304.39.0020, 7304.39.0024 and
7304.39.0028 of the HTSUS.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this order is dispositive.
Final Results of Review
As noted above, the Department
received no comments concerning the
Preliminary Results. As there have been
no changes from or comments on the
Preliminary Results, we are not
attaching a Decision Memorandum to
this Federal Register notice. For further
details of the issues addressed in this
proceeding, see the Preliminary Results.
The final weighted–average dumping
margin for the period August 1, 2005,
through July 15, 2006, is as follows:
Manufacturer / Exporter
V&M do Brasil, S.A. ....................
Margin
(percent)
0.00
Assessment Rates
The Department will determine and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries, in accordance
with 19 CFR 351.212(b). Since the
importer–specific assessment rate
calculated in the final results of this
review is 0 percent, we will instruct
CBP to liquidate without regard to
antidumping duties for these entries.
See 19 CFR 351.106(c)(1).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know that the merchandise they
sold to the intermediary (e.g., a reseller,
trading company, or exporter) 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
intermediary involved in the
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Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Notices
transaction. See Assessment Policy
Notice for a full discussion of this
clarification.
Cash Deposit Requirements
The Department notified 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 July 16, 2006, the effective
date of revocation of the antidumping
duty order.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an 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 terms of an APO is a violation that
is subject to sanction.
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: October 16, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–20844 Filed 10–22–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
International Trade
Administration, Commerce.
ACTION: Notice of application for an
Export Trade Certificate of Review from
Houston Industries, USA, L.L.C.
rfrederick on PROD1PC67 with NOTICES
AGENCY:
SUMMARY: Export Trading Company
Affairs (‘‘ETCA’’), International Trade
VerDate Aug<31>2005
15:33 Oct 22, 2007
Jkt 214001
Administration, Department of
Commerce, has received an application
for an Export Trade Certificate of
Review (‘‘Certificate’’). This notice
summarizes the conduct for which
certification is sought and requests
comments relevant to whether the
Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number) or E-mail at oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from state and federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. Section 302(b)(1) of the
Export Trading Company Act of 1982
and 15 CFR 325.6(a) require the
Secretary to publish a notice in the
Federal Register identifying the
applicant and summarizing its proposed
export conduct.
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether a Certificate should be issued.
If the comments include any privileged
or confidential business information, it
must be clearly marked and a
nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked
privileged or confidential business
information will be deemed to be
nonconfidential. An original and five (5)
copies, plus two (2) copies of the
nonconfidential version, should be
submitted no later than 20 days after the
date of this notice to: Export Trading
Company Affairs, International Trade
Administration, U.S. Department of
Commerce, Room 7021–B H,
Washington, DC 20230. Information
submitted by any person is exempt from
disclosure under the Freedom of
Information Act (5 U.S.C. 552).
However, nonconfidential versions of
the comments will be made available to
the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 07–00004.’’ A summary of the
application follows.
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60003
Summary of the Application
Applicant: Houston Industries, USA,
L.L.C. (‘‘HIUSA’’), 2319 East Highland
Avenue #354s, Phoenix, Arizona 85016.
Contact: Paul A. Houston, President,
Telephone: (615) 293–4116.
Application No.: 07–00004.
Date Deemed Submitted: October 16,
2007.
Members (in addition to applicant):
None.
HIUSA seeks a Certificate to cover the
following specific Export Trade, Export
Markets, and Export Trade Activities
and Methods of Operations.
Export Trade
1. Products
All Products.
2. Services
All Services.
3. Technology Rights
Technology rights, including, but not
limited to, patents, trademarks,
copyrights, and trade secrets that relate
to Products and Services.
4. Export Trade Facilitation Services (as
They Relate to the Export of Products,
Services and Technology Rights)
Export Trade Facilitation Services,
including, but not limited to,
professional services in the areas of
government relations and assistance
with state and federal programs; foreign
trade and business protocol; consulting;
market research and analysis; collection
of information on trade opportunities;
marketing; negotiations; joint ventures;
shipping; export management; export
licensing; advertising; documentation
and services related to compliance with
customs requirements; insurance and
financing; trade show exhibitions;
organizational development;
management and labor strategies;
transfer of technology; transportation
services; and facilitating the formation
of shippers’ associations.
Export Markets
The Export Markets include all parts
of the world except the United States
(the fifty states of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam,
the Commonwealth of the Northern
Mariana Islands, and the Trust Territory
of the Pacific Islands).
Export Trade Activities and Methods of
Operation
1. With respect to the sale of Products
and Services, licensing of Technology
Rights and provision of Export Trade
Facilitation Services, HIUSA may:
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]]>Agencies
[Federal Register Volume 72, Number 204 (Tuesday, October 23, 2007)]
[Notices]
[Pages 60001-60003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20844]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-826]
Certain Small Diameter Seamless Carbon and Alloy Steel Standard,
Line and Pressure Pipe from Brazil: Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 11, 2007, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping order on certain small diameter seamless carbon and alloy
steel standard, line and pressure pipe (seamless pipe) from Brazil. See
Certain Small Diameter Seamless Carbon and Alloy Steel Standard, Line
and Pressure Pipe from Brazil; Preliminary Results of Antidumping Duty
Administrative Review, 72 FR 37723 (July 11, 2007) (Preliminary
Results). The review covers one producer/exporter, V&M do Brasil, S.A.
(VMB). The period of review (POR) is August 1, 2005, through July 15,
2006.\1\ We invited interested parties to comment on our Preliminary
Results. The Department received no comments concerning our preliminary
results; therefore, our final results remain unchanged from our
preliminary results. The final results are listed in the section
``Final Results of Review'' below.
---------------------------------------------------------------------------
\1\ Since the effective date of revocation of the antidumping
duty order pursuant to the sunset review (see infra Background
Section) is July 16, 2006, the POR is August 1, 2005, through July
15, 2006.
---------------------------------------------------------------------------
EFFECTIVE DATE: October 23, 2007.
FOR FURTHER INFORMATION CONTACT: Dena Crossland or Stephen Bailey, 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-
3362 or (202) 482-0193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2007, the International Trade Commission determined
revocation of the antidumping duty orders on seamless pipe from
Argentina and Brazil would not likely lead to continuation or
recurrence of material injury to an industry in the United States. See
Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure
Pipe from Argentina, Brazil, and Germany, 72 FR 26153 (May 8, 2007),
and ITC Publication 3918 (May 2007), Investigation No. 731-TA-707-709
(Second Review). Thus, the Department revoked the antidumping duty
orders on seamless line pipe from Argentina and Brazil, pursuant to
sections 751(c) and 751(d) of the Act. See Revocation Pursuant to
Second Five-year (``Sunset'') Reviews of Antidumping Duty Orders:
Certain Small Diameter Carbon and Alloy Seamless Standard, Line and
Pressure Pipe from Argentina and Brazil, 72 FR 28027 (May 18, 2007)
(Revocation of Seamless Pipe from Argentina and Brazil). The Department
stated in the Revocation of Seamless Pipe from Argentina and Brazil
that it 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. Pursuant to section 751(d)(2)
of the Act and 19 CFR 351.222(i)(2)(i), the effective date of
revocation is July 16, 2006. As a result, the Department is completing
the instant review of seamless pipe from Brazil. Accordingly, the
period of review for this proceeding is from August 1, 2005, to July
15, 2006.
On July 11, 2007, the Department published the preliminary results
of this review in the Federal Register. See Preliminary Results. We
invited parties to comment on the Preliminary Results. We received no
comments or a request for a hearing.
Scope of the Antidumping Duty Review
The products covered by this antidumping duty review 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 review 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 review, 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 review are
currently classifiable under subheadings 7304.19.10.20, 7304.19.50.20,
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
[[Page 60002]]
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
which, 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 review 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 review, 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. Finally, also excluded from
this review are redraw hollows for cold-drawing when used in the
production of cold-drawn pipe or tube.
Excluded from this order are shipments of 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 or manufacturing process (hot-finished or cold-drawn) that 1)
has been cut into lengths of six to 120 inches, 2) has had the inside
bore ground to a smooth surface, 3) has had multiple layers of
specially formulated corrosion resistant glass permanently baked on at
temperatures of 1,440 to 1,700 degrees Fahrenheit in thicknesses from
0.032 to 0.085 inch (40 to 80 mils), and 4) has flanges or other forged
stub ends welded on both ends of the pipe. The special corrosion
resistant glass referred to in this definition may be glass containing
by weight 1) 70 to 80 percent of an oxide of silicone, zirconium,
titanium or cerium (Oxide Group RO2), 2) 10 to 15 percent of
an oxide of sodium, potassium, or lithium (Oxide Group RO), 3) from a
trace amount to five percent of an oxide of either aluminum, cobalt,
iron, vanadium, or boron (Oxide Group R2O3), or
4) from a trace amount to five percent of a fluorine compound in which
fluorine replaces the oxygen in any one of the previously listed oxide
groups. These glass-lined pressure pipes are commonly manufactured for
use in glass-lined equipment systems for processing corrosive or
reactive chemicals, including acrylates, alkanolamines, herbicides,
pesticides, pharmaceuticals and solvents. The glass-lined pressure
pipes excluded from this antidumping duty review are currently
classifiable under subheadings 7304.39.0020, 7304.39.0024 and
7304.39.0028 of the HTSUS.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of this order is
dispositive.
Final Results of Review
As noted above, the Department received no comments concerning the
Preliminary Results. As there have been no changes from or comments on
the Preliminary Results, we are not attaching a Decision Memorandum to
this Federal Register notice. For further details of the issues
addressed in this proceeding, see the Preliminary Results. The final
weighted-average dumping margin for the period August 1, 2005, through
July 15, 2006, is as follows:
------------------------------------------------------------------------
Margin
Manufacturer / Exporter (percent)
------------------------------------------------------------------------
V&M do Brasil, S.A.......................................... 0.00
------------------------------------------------------------------------
Assessment Rates
The Department will determine and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, in accordance with 19 CFR 351.212(b). Since the importer-
specific assessment rate calculated in the final results of this review
is 0 percent, we will instruct CBP to liquidate without regard to
antidumping duties for these entries. See 19 CFR 351.106(c)(1).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) 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 intermediary
involved in the
[[Page 60003]]
transaction. See Assessment Policy Notice for a full discussion of this
clarification.
Cash Deposit Requirements
The Department notified 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 July 16,
2006, the effective date of revocation of the antidumping duty order.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 terms of an APO is a violation that is subject
to sanction.
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 16, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-20844 Filed 10-22-07; 8:45 am]
BILLING CODE 3510-DS-S
