Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (over 4½ Inches) from Japan: Notice of Rescission of Antidumping Duty Administrative Review, 11393-11395 [E8-4063]
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Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
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effected by an official act of the
government. Further, a party claiming
program termination is expected to
document that there are no residual
benefits under the program and that
substitute programs have not been
introduced. Cf. 19 CFR 351.526(b) and
(d). If a party maintains that any of the
subsidies countervailed by the
Department were not conferred
pursuant to a subsidy program, that
party should nevertheless address the
applicability of the factors set forth in
19 CFR 351.526(b) and (d). Similarly,
parties wishing the Department to
consider whether a company’s change
in ownership has extinguished the
benefit from prior non–recurring,
allocable, subsidies must include with
their substantive responses information
and documentation supporting their
claim that all or almost all of the
company’s shares or assets were sold in
an arm’s length transaction, at a price
representing fair market value, as
described in the Notice of Final
Modification of Agency Practice Under
Section 123 of the Uruguay Round
Agreements Act, 68 FR 37125 (June 23,
2003) (‘‘Modification Notice’’). See
Modification Notice for a discussion of
the types of information and
documentation the Department requires.
If we receive an order–specific notice
of intent to participate from a domestic
interested party, the Department’s
regulations provide that all parties
wishing to participate in the Sunset
Review must file complete substantive
responses not later than 30 days after
the date of publication in the Federal
Register of this notice of initiation. The
required contents of a substantive
response, on an order–specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that the Department’s
information requirements are distinct
from the Commission’s information
requirements. Please consult the
Department’s regulations for
information regarding the Department’s
conduct of Sunset Reviews.1 Please
consult the Department’s regulations at
19 CFR Part 351 for definitions of terms
and for other general information
concerning antidumping and
1 In comments made on the interim final sunset
regulations, a number of parties stated that the
proposed five-day period for rebuttals to
substantive responses to a notice of initiation was
insufficient. This requirement was retained in the
final sunset regulations at 19 CFR 351.218(d)(4). As
provided in 19 CFR 351.302(b), however, the
Department will consider individual requests for
extension of that five-day deadline based upon a
showing of good cause.
VerDate Aug<31>2005
16:15 Feb 29, 2008
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countervailing duty proceedings at the
Department.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: February 22, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–4055 Filed 2–29–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Exporters’ Textile Advisory
Committee; Notice of Open Meeting
A meeting of the Exporters’ Textile
Advisory Committee will be held on
Tuesday, April 23, 2008. The meeting
will be from 1:00-4:00 p.m. at the Trade
Information Center, Ronald Reagan
Building and International Trade
Center, 1300 Pennsylvania Ave., N.W.,
Washington, D.C. 20004, Training Room
‘‘C’’.
The Committee provides advice and
guidance to Department officials on the
identification and surmounting of
barriers to the expansion of textile
exports, and on methods of encouraging
textile firms to participate in export
expansion.
The Committee functions solely as an
advisory body in accordance with the
provisions of the Federal Advisory
Committee Act.
The meeting will be open to the
public with a limited number of seats
available. For further information
contact Larry Brill at (202) 482-1856.
Minutes of all ETAC meetings are
posted at otexa.ita.doc.gov.
Dated: February 26, 2008.
Janet E. Heinzen,
Acting Chairman, Committee for
Implementation of Textile Agreements.
[FR Doc. E8–4049 Filed 2–29–08; 8:45 am]
BILLING CODE 3510–DR–S
DEPARTMENT OF COMMERCE
International Trade Administration
Exporters’ Textile Advisory
Committee; Notice of Open Meeting
A meeting of the Exporters’ Textile
Advisory Committee will be held on
May 8, 2008 from 10:00AM- 1:00 PM at
the U.S Department of Commerce, U.S.
Export Assistance Center, 444 S. Flower
St. 34th Floor, Los Angeles, CA 90071.
The Committee provides advice and
guidance to Department officials on the
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11393
identification and surmounting of
barriers to the expansion of textile
exports, and on methods of encouraging
textile firms to participate in export
expansion.
The Committee functions solely as an
advisory body in accordance with the
provisions of the Federal Advisory
Committee Act.
The meeting will be open to the
public with a limited number of seats
available. For further information
contact Larry Brill at (202) 482-1856.
Minutes of all ETAC meetings are
posted at otexa.ita.doc.gov.
Dated: February 26, 2008.
Janet E. Heinzen,
Acting Chairman, Committee for
Implementation of Textile Agreements.
[FR Doc. E8–4053 Filed 2–29–08; 8:45 am]
BILLING CODE 3510–DR–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–850]
Carbon and Alloy Seamless Standard,
Line, and Pressure Pipe (over 4W
Inches) from Japan: Notice of
Rescission of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 26, 2007, the U.S.
Department of Commerce (the
Department) published a notice of
initiation of an administrative review of
the antidumping duty order on carbon
and alloy seamless standard, line, and
pressure pipe (over 4W inches) from
Japan. The review covers four
manufacturers/exporters: JFE Steel
Corporation; Nippon Steel Corporation;
NKK Tubes; and Sumitomo Metal
Industries, Ltd. The period of review
(POR) is June 1, 2006, through May 31,
2007. Following the receipt of a
certification of no shipments from all
four respondents, we notified the
domestic interested party of the
Department’s intent to rescind this
review and provided an opportunity to
comment on the rescission. We received
no comments. Therefore, we are
rescinding this administrative review.
EFFECTIVE DATE: March 3, 2008.
FOR FURTHER INFORMATION CONTACT:
Salim Bhabhrawala, AD/CVD
Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1784.
AGENCY:
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Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
SUPPLEMENTARY INFORMATION:
rmajette on PROD1PC64 with NOTICES
Background
On June 1, 2007, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on carbon and
alloy seamless standard, line, and
pressure pipe (over 4W inches) from
Japan for the period June 1, 2006,
through May 31, 2007. See Antidumping
or Countervailing Duty Order, Finding
or Suspended Investigation;
Opportunity to Request Administrative
Review, 72 FR 30542 (June 1, 2007). On
June 29, 2007, United States Steel
Corporation (U.S. Steel), a domestic
producer of the subject merchandise,
made a timely request that the
Department conduct an administrative
review of JFE Steel Corporation, Nippon
Steel Corporation, NKK Tubes, and
Sumitomo Metal Industries, Ltd. On
July 26, 2007, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act), the Department
published in the Federal Register a
notice of initiation of this antidumping
duty administrative review. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 41057 (July 26, 2007). On
August 10, 2007, the Department issued
its antidumping duty questionnaire to
JFE Steel Corporation, Nippon Steel
Corporation, NKK Tubes, and Sumitomo
Metal Industries, Ltd. On August 27,
2007, Nippon Steel Corporation
submitted a letter to the Department,
certifying that the company made no
shipments or entries for consumption in
the United States of the subject
merchandise during the POR. On
August 28, 2007, JFE Steel Corporation
submitted a letter to the Department,
certifying that the company made no
shipments or entries for consumption in
the United States of the subject
merchandise during the POR. On
August 31, 2007, both NKK Tubes, and
Sumitomo Metal Industries, Ltd.
submitted letters to the Department,
certifying that the companies made no
shipments or entries for consumption in
the United States of the subject
merchandise during the POR.
Scope of the Order
The products covered by this review
are large diameter seamless carbon and
alloy (other than stainless) steel
standard, line, and pressure pipes
produced, or equivalent, to the
American Society for Testing and
Materials (ASTM) A–53, ASTM A–106,
ASTM A–333, ASTM A- 334, ASTM A–
589, ASTM A–795, and the American
Petroleum Institute (API) 5L
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specifications and meeting the physical
parameters described below, regardless
of application. The scope of this review
also includes all other products used in
standard, line, or pressure pipe
applications and meeting the physical
parameters described below, regardless
of specification, with the exception of
the exclusions discussed below.
Specifically included within the scope
of this review are seamless pipes greater
than 4.5 inches (114.3 mm) up to and
including 16 inches (406.4 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 this
review are currently classifiable under
the subheadings 7304.10.10.30,
7304.10.10.45, 7304.10.10.60,
7304.10.50.50, 7304.19.10.30,
7304.19.10.45, 7304.19.10.60,
7304.19.50.50, 7304.31.60.10,
7304.31.60.50, 7304.39.00.04,
7304.39.00.06, 7304.39.00.08,
7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48,
7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68,
7304.39.00.72, 7304.51.50.15,
7304.51.50.45, 7304.51.50.60,
7304.59.20.30, 7304.59.20.55,
7304.59.20.60, 7304.59.20.70,
7304.59.60.00, 7304.59.80.30,
7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60,
7304.59.80.65, and 7304.59.80.70 of the
Harmonized Tariff Schedule of the
United States (HTSUS).
Specifications, Characteristics, and
Uses: Large diameter seamless pipe is
used primarily for line applications
such as oil, gas, or water pipeline, or
utility distribution systems. 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 A–106 standard
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 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 A106 standard.
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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. If exceptionally low
temperature uses or conditions are
anticipated, standard pipe may be
manufactured to ASTM A–333 or ASTM
A–334 specifications.
Seamless line pipes are intended for
the conveyance of oil and natural gas or
other fluids in pipe lines. Seamless line
pipes are produced to the API 5L
specification. Seamless water well pipe
(ASTM A–589) and seamless galvanized
pipe for fire protection uses (ASTM A–
795) are used for the conveyance of
water.
Seamless pipes are commonly
produced and certified to meet ASTM
A–106, ASTM A- 53, API 5L–B, and API
5L–X42 specifications. To avoid
maintaining separate production runs
and separate inventories, manufacturers
typically triple or quadruple certify the
pipes by meeting the metallurgical
requirements and performing the
required tests pursuant to the respective
specifications. Since distributors sell the
vast majority of this product, they can
thereby maintain a single inventory to
service all customers.
The primary application of ASTM A–
106 pressure pipes and triple or
quadruple certified pipes in large
diameters is for use as oil and gas
distribution lines for commercial
applications. A more minor application
for large diameter seamless pipes is for
use in pressure piping systems by
refineries, petrochemical plants, and
chemical plants, as well as in power
generation plants and in some oil field
uses (on shore and off shore) such as for
separator lines, gathering lines and
metering runs. 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.
The scope of this review 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 exclusions
discussed below, whether or not also
certified to a non–covered specification.
Standard, line, and pressure
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Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
applications and the above–listed
specifications are defining
characteristics of the scope of this
review. 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–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, such
products are covered by the scope of
this review.
Specifically excluded from the scope
of this review are:
A. 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–589, ASTM A–795,
and API 5L specifications and are
not used in standard, line, or
pressure pipe applications.
B. Finished and unfinished oil
country tubular goods (OCTG), 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.
C. Products produced to the A–335
specification unless they are used
in an application that would
normally utilize ASTM A–53,
ASTM A–106, ASTM A–333, ASTM
A–334, ASTM A–589, ASTM A–
795, and API 5L specifications.
D. Line and riser pipe for deepwater
application, i.e., line and riser pipe
that is (1) used in a deepwater
application, which means for use in
water depths of 1,500 feet or more;
(2) intended for use in and is
actually used for a specific
deepwater project; (3) rated for a
specified minimum yield strength
of not less than 60,000 psi; and (4)
not identified or certified through
the use of a monogram, stencil, or
otherwise marked with an API
specification (e.g., ‘‘API 5L’’).
With regard to the excluded products
listed above, the Department will not
instruct Customs to require end–use
certification until such time as
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16:15 Feb 29, 2008
Jkt 214001
petitioner or other interested parties
provide to the Department a reasonable
basis to believe or suspect that the
products are being utilized 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 a covered application 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–335 specification is
being used in an A–106 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.
Rescission of the Administrative
Review
As noted above, all four respondents
submitted letters to the Department
indicating that they did not make any
shipments or entries of subject
merchandise to the United States during
the POR. In response to the
Department’s query to U.S. Customs and
Border Protection (CBP), CBP data
showed a small quantity of subject
merchandise manufactured by one or
more of the respondent companies was
entered for consumption into the United
States during the POR from a third
country. On November 8, 2007, the
Department placed on the record of this
review copies of the entry documents in
question. On the basis of these
documents, the Department concluded
that there is no evidence on the record
that the respondents in question were
involved with the 2007 entries of the
subject merchandise into the United
States. Specifically, although JFE Steel
Corporation, Nippon Steel Corporation,
NKK Tubes, and Sumitomo Metal
Industries, Ltd. did not have any sales
or exports of subject merchandise to the
United States during the POR, subject
merchandise produced by one or more
of these companies entered the United
States during the POR under their
antidumping case number, without their
knowledge by way of intermediaries.
See Memorandum to the File, from
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11395
Salim Bhabhrawala, Case Analyst,
‘‘Department Intent to Rescind Review,’’
January 16, 2008 (Intent to Rescind
Memo). Thus, the Department found
that the respondents’ claims of no
shipments or entries for consumption to
be substantiated. On January 16, 2008,
the Department notified interested
parties of its intent to rescind this
administrative review and gave parties
until January 28, 2008 to provide
comments. No comments were received.
See Intent to Rescind Memo.
Based upon the certifications and the
evidence on the record, we are satisfied
that no respondent had shipments of
subject merchandise to the United
States during the POR. Pursuant to 19
CFR 351.213(d)(3), the Department may
rescind an administrative review, in
whole or with respect to a particular
exporter or producer, if the Secretary
concludes that, during the period
covered by the review, there were no
entries, exports, or sales of the subject
merchandise. Therefore, the Department
is rescinding this review in accordance
with 19 CFR 351.213(d)(3).
The Department will instruct CBP 15
days after the publication of this notice
to liquidate such entries at the ‘‘All
Others’’ rate in effect on the date of the
entry. See 19 CFR 351.212(c); see also
Antidumping and Countervailing Duty
Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003).
We are issuing and publishing this
notice in accordance with sections
751(a)(1) 777 (i) of the Act and 19 CFR
351.213(d)(4).
Dated: February 25, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–4063 Filed 2–29–08; 8:45 am]
BILLING CODE 3510–DR–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture from the
People’s Republic of China: Extension
of Time Limit for the Preliminary
Results of New Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce
EFFECTIVE DATE: March 3, 2008.
FOR FURTHER INFORMATION CONTACT: Hua
Lu, AD/CVD Operations, Office 8,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
AGENCY:
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]]>Agencies
[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Pages 11393-11395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4063]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-850]
Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (over
4[frac1s2] Inches) from Japan: Notice of Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 26, 2007, the U.S. Department of Commerce (the
Department) published a notice of initiation of an administrative
review of the antidumping duty order on carbon and alloy seamless
standard, line, and pressure pipe (over 4[frac1s2] inches) from Japan.
The review covers four manufacturers/exporters: JFE Steel Corporation;
Nippon Steel Corporation; NKK Tubes; and Sumitomo Metal Industries,
Ltd. The period of review (POR) is June 1, 2006, through May 31, 2007.
Following the receipt of a certification of no shipments from all four
respondents, we notified the domestic interested party of the
Department's intent to rescind this review and provided an opportunity
to comment on the rescission. We received no comments. Therefore, we
are rescinding this administrative review.
EFFECTIVE DATE: March 3, 2008.
FOR FURTHER INFORMATION CONTACT: Salim Bhabhrawala, AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-1784.
[[Page 11394]]
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2007, the Department published a notice of opportunity
to request an administrative review of the antidumping duty order on
carbon and alloy seamless standard, line, and pressure pipe (over
4[frac1s2] inches) from Japan for the period June 1, 2006, through May
31, 2007. See Antidumping or Countervailing Duty Order, Finding or
Suspended Investigation; Opportunity to Request Administrative Review,
72 FR 30542 (June 1, 2007). On June 29, 2007, United States Steel
Corporation (U.S. Steel), a domestic producer of the subject
merchandise, made a timely request that the Department conduct an
administrative review of JFE Steel Corporation, Nippon Steel
Corporation, NKK Tubes, and Sumitomo Metal Industries, Ltd. On July 26,
2007, in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act), the Department published in the Federal Register a
notice of initiation of this antidumping duty administrative review.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 72 FR 41057 (July 26,
2007). On August 10, 2007, the Department issued its antidumping duty
questionnaire to JFE Steel Corporation, Nippon Steel Corporation, NKK
Tubes, and Sumitomo Metal Industries, Ltd. On August 27, 2007, Nippon
Steel Corporation submitted a letter to the Department, certifying that
the company made no shipments or entries for consumption in the United
States of the subject merchandise during the POR. On August 28, 2007,
JFE Steel Corporation submitted a letter to the Department, certifying
that the company made no shipments or entries for consumption in the
United States of the subject merchandise during the POR. On August 31,
2007, both NKK Tubes, and Sumitomo Metal Industries, Ltd. submitted
letters to the Department, certifying that the companies made no
shipments or entries for consumption in the United States of the
subject merchandise during the POR.
Scope of the Order
The products covered by this review are large diameter seamless
carbon and alloy (other than stainless) steel standard, line, and
pressure pipes produced, or equivalent, to the American Society for
Testing and Materials (ASTM) A-53, ASTM A-106, ASTM A-333, ASTM A- 334,
ASTM A-589, ASTM A-795, and the American Petroleum Institute (API) 5L
specifications and meeting the physical parameters described below,
regardless of application. The scope of this review also includes all
other products used in standard, line, or pressure pipe applications
and meeting the physical parameters described below, regardless of
specification, with the exception of the exclusions discussed below.
Specifically included within the scope of this review are seamless
pipes greater than 4.5 inches (114.3 mm) up to and including 16 inches
(406.4 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 this review are currently
classifiable under the subheadings 7304.10.10.30, 7304.10.10.45,
7304.10.10.60, 7304.10.50.50, 7304.19.10.30, 7304.19.10.45,
7304.19.10.60, 7304.19.50.50, 7304.31.60.10, 7304.31.60.50,
7304.39.00.04, 7304.39.00.06, 7304.39.00.08, 7304.39.00.36,
7304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52,
7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72,
7304.51.50.15, 7304.51.50.45, 7304.51.50.60, 7304.59.20.30,
7304.59.20.55, 7304.59.20.60, 7304.59.20.70, 7304.59.60.00,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, and
7304.59.80.70 of the Harmonized Tariff Schedule of the United States
(HTSUS).
Specifications, Characteristics, and Uses: Large diameter seamless
pipe is used primarily for line applications such as oil, gas, or water
pipeline, or utility distribution systems. 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 A-106
standard 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 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
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. If exceptionally
low temperature uses or conditions are anticipated, standard pipe may
be manufactured to ASTM A-333 or ASTM A-334 specifications.
Seamless line pipes are intended for the conveyance of oil and
natural gas or other fluids in pipe lines. Seamless line pipes are
produced to the API 5L specification. Seamless water well pipe (ASTM A-
589) and seamless galvanized pipe for fire protection uses (ASTM A-795)
are used for the conveyance of water.
Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A- 53, API 5L-B, and API 5L-X42 specifications. To avoid
maintaining separate production runs and separate inventories,
manufacturers typically triple or quadruple certify the pipes by
meeting the metallurgical requirements and performing the required
tests pursuant to the respective specifications. Since distributors
sell the vast majority of this product, they can thereby maintain a
single inventory to service all customers.
The primary application of ASTM A-106 pressure pipes and triple or
quadruple certified pipes in large diameters is for use as oil and gas
distribution lines for commercial applications. A more minor
application for large diameter seamless pipes is for use in pressure
piping systems by refineries, petrochemical plants, and chemical
plants, as well as in power generation plants and in some oil field
uses (on shore and off shore) such as for separator lines, gathering
lines and metering runs. 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.
The scope of this review 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 exclusions discussed below, whether or not also
certified to a non-covered specification. Standard, line, and pressure
[[Page 11395]]
applications and the above-listed specifications are defining
characteristics of the scope of this review. 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-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, such products are covered by the
scope of this review.
Specifically excluded from the scope of this review are:
A. 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-589,
ASTM A-795, and API 5L specifications and are not used in standard,
line, or pressure pipe applications.
B. Finished and unfinished oil country tubular goods (OCTG), 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.
C. Products produced to the A-335 specification unless they are
used in an application that would normally utilize ASTM A-53, ASTM A-
106, ASTM A-333, ASTM A-334, ASTM A-589, ASTM A-795, and API 5L
specifications.
D. Line and riser pipe for deepwater application, i.e., line and
riser pipe that is (1) used in a deepwater application, which means for
use in water depths of 1,500 feet or more; (2) intended for use in and
is actually used for a specific deepwater project; (3) rated for a
specified minimum yield strength of not less than 60,000 psi; and (4)
not identified or certified through the use of a monogram, stencil, or
otherwise marked with an API specification (e.g., ``API 5L'').
With regard to the excluded products listed above, the Department
will not instruct Customs 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 utilized 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 a covered application 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-335 specification is being used in an A-106
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.
Rescission of the Administrative Review
As noted above, all four respondents submitted letters to the
Department indicating that they did not make any shipments or entries
of subject merchandise to the United States during the POR. In response
to the Department's query to U.S. Customs and Border Protection (CBP),
CBP data showed a small quantity of subject merchandise manufactured by
one or more of the respondent companies was entered for consumption
into the United States during the POR from a third country. On November
8, 2007, the Department placed on the record of this review copies of
the entry documents in question. On the basis of these documents, the
Department concluded that there is no evidence on the record that the
respondents in question were involved with the 2007 entries of the
subject merchandise into the United States. Specifically, although JFE
Steel Corporation, Nippon Steel Corporation, NKK Tubes, and Sumitomo
Metal Industries, Ltd. did not have any sales or exports of subject
merchandise to the United States during the POR, subject merchandise
produced by one or more of these companies entered the United States
during the POR under their antidumping case number, without their
knowledge by way of intermediaries. See Memorandum to the File, from
Salim Bhabhrawala, Case Analyst, ``Department Intent to Rescind
Review,'' January 16, 2008 (Intent to Rescind Memo). Thus, the
Department found that the respondents' claims of no shipments or
entries for consumption to be substantiated. On January 16, 2008, the
Department notified interested parties of its intent to rescind this
administrative review and gave parties until January 28, 2008 to
provide comments. No comments were received. See Intent to Rescind
Memo.
Based upon the certifications and the evidence on the record, we
are satisfied that no respondent had shipments of subject merchandise
to the United States during the POR. Pursuant to 19 CFR 351.213(d)(3),
the Department may rescind an administrative review, in whole or with
respect to a particular exporter or producer, if the Secretary
concludes that, during the period covered by the review, there were no
entries, exports, or sales of the subject merchandise. Therefore, the
Department is rescinding this review in accordance with 19 CFR
351.213(d)(3).
The Department will instruct CBP 15 days after the publication of
this notice to liquidate such entries at the ``All Others'' rate in
effect on the date of the entry. See 19 CFR 351.212(c); see also
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
We are issuing and publishing this notice in accordance with
sections 751(a)(1) 777 (i) of the Act and 19 CFR 351.213(d)(4).
Dated: February 25, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-4063 Filed 2-29-08; 8:45 am]
BILLING CODE 3510-DR-S
