Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe From Japan: Rescission of Antidumping Duty Administrative Review, 31249-31251 [E9-15493]
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Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices
WOODEN BEDROOM FURNITURE FROM
THE PRC
Exporter/producer
Shanghai Fangjia Industry Co.,
Ltd./Jiangsu Danyang Brilliant Furniture Co., Ltd ..........
Weightedaverage
margin
(percent)
0.00
sroberts on PROD1PC70 with NOTICES6
Assessment Rates
Upon completion of the final results,
pursuant to 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
review. If these preliminary results are
adopted in our final results of review,
the Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries. Pursuant to 19
CFR 351.212(b)(1), the Department will
calculate importer-specific (or customer)
ad valorem duty assessment rates based
on the ratio of the total amount of the
dumping margins calculated for the
examined sales to the total entered
value of those same sales. The
19:55 Jun 29, 2009
Dated: June 22, 2009.
Ronald K Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–15495 Filed 6–29–09; 8:45 am]
BILLING CODE 3510–DS–P
Cash Deposit Requirements
Disclosure and Public Comment
The Department will disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit written comments no later than
30 days after the date of publication of
these preliminary results of review. See
19 CFR 351.309(c). Rebuttals to written
comments may be filed no later than
five days after the written comments are
filed. See 19 CFR 351.309(d). Further,
parties submitting written comments
and rebuttal comments are requested to
provide the Department with an
additional copy of those comments on
diskette. Any interested party may
request a hearing within 30 days of
publication of these preliminary results.
See 19 CFR 351.310(c). If requested, a
hearing normally will be held two days
after the scheduled date for submission
of rebuttal comments. See 19 CFR
351.310(d).
The Department intends to issue the
final results of this NSR, which will
include the results of its analysis of any
issues raised in written comments,
within 90 days of the date on which
these preliminary results are issued, in
accordance with 19 CFR 351.214(i)(1),
unless the time limit is extended. See 19
CFR 351.214(i)(2).
VerDate Nov<24>2008
Department will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer-specific assessment rate
calculated in the final results of this
review is above de minimis.
31249
Jkt 217001
On August 17, 2006, the Pension
Protection Act of 2006 (‘‘H.R. 4’’) was
signed into law. Section 1632 of H.R. 4
temporarily suspends the authority of
the Department to instruct CBP to
collect a bond or other security in lieu
of a cash deposit in NSRs. Therefore, the
posting of a bond under section
751(a)(1)(B)(iii) of the Act in lieu of a
cash deposit is not available in this case.
The following cash deposit
requirements will be effective upon
publication of the final results of this
NSR for shipments of subject
merchandise from Fangjia entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) For subject merchandise
produced by Brilliant and exported by
Fangjia, the cash deposit rate will be
that established in the final results of
this review; (2) for subject merchandise
exported by Fangjia but not produced by
Fangjia, the cash deposit rate will
continue to be the PRC-wide rate of
216.01 percent; (3) for subject
merchandise exported by Fangjia and
produced by Fangjia, the cash deposit
rate will continue to be the PRC-wide
rate of 216.01 percent; (4) for subject
merchandise produced by Fangjia, and
exported by any party but itself, the
cash deposit rate will be the rate
applicable to the exporter. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Interested Parties
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
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.
The Department is issuing and
publishing this determination in
accordance with sections 751(a)(2)(B)
and 777(i) of the Act, and 19 CFR
351.214(h) and 351.221(b)(4).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–850]
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line, and
Pressure Pipe From Japan: Rescission
of Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 30, 2008, the U.S.
Department of Commerce (the
Department) published a notice of
initiation of an administrative review of
the antidumping duty order on certain
large diameter carbon and alloy
seamless standard, line, and pressure
pipe from Japan. The review covers four
manufacturers/exporters: JFE Steel
Corporation; Nippon Steel Corporation;
NKK Tubes; and Sumitomo Metal
Industries, Ltd. (SMI). The period of
review (POR) is June 1, 2007, through
May 31, 2008. 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.
DATES: Effective Date: Insert date of
publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Alexander Montoro, 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) 482–0238.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 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 SMI.
On July 30, 2008, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act), the Department
published in the Federal Register a
E:\FR\FM\30JNN1.SGM
30JNN1
31250
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices
sroberts on PROD1PC70 with NOTICES6
notice initiating this review of the
antidumping duty order on carbon and
alloy seamless standard, line, and
pressure pipe (over 41⁄2 inches) from
Japan for the period June 1, 2007,
through May 31, 2008. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, Request for
Revocation in Part, and Deferral of
Administrative Review, 73 FR 44220
(July 30, 2008). On August 22, 2008, the
Department issued its antidumping duty
questionnaire to these four companies.
On September 2, 2008, NKK Tubes
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
September 8, 2008, JFE Steel
Corporation also 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. Finally, Nippon Steel Corporation
and SMI submitted letters to the
Department on September 9, 2008, and
September 12, 2008, respectively,
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 wallthickness, 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,
VerDate Nov<24>2008
19:55 Jun 29, 2009
Jkt 217001
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
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(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
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
E:\FR\FM\30JNN1.SGM
30JNN1
sroberts on PROD1PC70 with NOTICES6
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices
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 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 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 the 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.
VerDate Nov<24>2008
19:55 Jun 29, 2009
Jkt 217001
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 CBP, CBP data
showed subject merchandise
manufactured by one of the respondent
companies, SMI, was entered for
consumption into the United States
during the POR from third countries. On
February 19, 2009, the Department
placed, on the record of this review,
copies of the entry documents in
question.
Additionally, on February 19, and
April 29, 2009, the Department sent
questionnaires to SMI and requested
that SMI further substantiate its claim of
no shipments. On March 27, and May
13, 2009, SMI provided the Department
with responses, and explained in detail
that it had no knowledge of the entries
in question. On the basis of these
documents and submissions, the
Department has concluded that there is
no evidence on the record that, at the
time of sale, SMI had knowledge that
these entries were destined for the
United States, nor is there evidence that
SMI had knowledge that any of these
entries of subject merchandise entered
the United States during the POR. See
Memorandum to the File, from
Alexander Montoro, International Trade
Compliance Analyst, through Nancy
Decker, Program Manager, AD/CVD
Operations Office 1, entitled ‘‘Intent to
Rescind the Antidumping Duty
Administrative Review on Certain Large
Diameter Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe from
Japan,’’ May 28, 2009 (Intent to Rescind
Memo). Specifically, subject
merchandise produced by SMI entered
the United States during the POR under
its antidumping case number, but this
occurred without the company’s
knowledge by way of intermediaries.
See Intent to Rescind Memo. For JFE
Steel Corporation, Nippon Steel
Corporation, and NKK Tubes, the CBP
data showed no entries of subject
merchandise into the United States
during the POR. Thus, the Department
found that the respondents’ claims of no
shipments or entries for consumption to
be substantiated. On May 28, 2009, the
Department notified interested parties of
its intent to rescind this administrative
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Sfmt 4703
31251
review and gave parties until June 8,
2009, to provide comments. See Intent
to Rescind Memo. No comments were
received.
Based upon the certifications and the
evidence on the record, we are satisfied
that none of the respondents 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 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 of
Dumping Duties). This clarification will
apply to entries of subject merchandise
during the POR produced by the
respondent company for which it did
not know that the merchandise it 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 un-reviewed entries at the ‘‘All
Others’’ rate if there is no rate for the
intermediary involved in the
transaction. See Assessment of Dumping
Duties for a full discussion of this
clarification. The Department will issue
liquidation instructions to CBP 15 days
after the publication of this notice of
rescission of review.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777 (i)(1) of the Act.
Dated: June 18, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–15493 Filed 6–29–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Initiation of
Antidumping Duty New Shipper
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
E:\FR\FM\30JNN1.SGM
30JNN1
]]>Agencies
[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Notices]
[Pages 31249-31251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15493]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-850]
Certain Large Diameter Carbon and Alloy Seamless Standard, Line,
and Pressure Pipe From Japan: Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 30, 2008, the U.S. Department of Commerce (the
Department) published a notice of initiation of an administrative
review of the antidumping duty order on certain large diameter carbon
and alloy seamless standard, line, and pressure pipe from Japan. The
review covers four manufacturers/exporters: JFE Steel Corporation;
Nippon Steel Corporation; NKK Tubes; and Sumitomo Metal Industries,
Ltd. (SMI). The period of review (POR) is June 1, 2007, through May 31,
2008. 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.
DATES: Effective Date: Insert date of publication in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Alexander Montoro, 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) 482-0238.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 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 SMI. On July 30,
2008, in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act), the Department published in the Federal Register a
[[Page 31250]]
notice initiating this review of the antidumping duty order on carbon
and alloy seamless standard, line, and pressure pipe (over 4\1/2\
inches) from Japan for the period June 1, 2007, through May 31, 2008.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews, Request for Revocation in Part, and Deferral of Administrative
Review, 73 FR 44220 (July 30, 2008). On August 22, 2008, the Department
issued its antidumping duty questionnaire to these four companies. On
September 2, 2008, NKK Tubes 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 September 8, 2008, JFE Steel Corporation also 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. Finally, Nippon Steel Corporation and SMI
submitted letters to the Department on September 9, 2008, and September
12, 2008, respectively, 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
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
[[Page 31251]]
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 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 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 the
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 CBP, CBP data showed subject merchandise
manufactured by one of the respondent companies, SMI, was entered for
consumption into the United States during the POR from third countries.
On February 19, 2009, the Department placed, on the record of this
review, copies of the entry documents in question.
Additionally, on February 19, and April 29, 2009, the Department
sent questionnaires to SMI and requested that SMI further substantiate
its claim of no shipments. On March 27, and May 13, 2009, SMI provided
the Department with responses, and explained in detail that it had no
knowledge of the entries in question. On the basis of these documents
and submissions, the Department has concluded that there is no evidence
on the record that, at the time of sale, SMI had knowledge that these
entries were destined for the United States, nor is there evidence that
SMI had knowledge that any of these entries of subject merchandise
entered the United States during the POR. See Memorandum to the File,
from Alexander Montoro, International Trade Compliance Analyst, through
Nancy Decker, Program Manager, AD/CVD Operations Office 1, entitled
``Intent to Rescind the Antidumping Duty Administrative Review on
Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and
Pressure Pipe from Japan,'' May 28, 2009 (Intent to Rescind Memo).
Specifically, subject merchandise produced by SMI entered the United
States during the POR under its antidumping case number, but this
occurred without the company's knowledge by way of intermediaries. See
Intent to Rescind Memo. For JFE Steel Corporation, Nippon Steel
Corporation, and NKK Tubes, the CBP data showed no entries of subject
merchandise into the United States during the POR. Thus, the Department
found that the respondents' claims of no shipments or entries for
consumption to be substantiated. On May 28, 2009, the Department
notified interested parties of its intent to rescind this
administrative review and gave parties until June 8, 2009, to provide
comments. See Intent to Rescind Memo. No comments were received.
Based upon the certifications and the evidence on the record, we
are satisfied that none of the respondents 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 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
of Dumping Duties). This clarification will apply to entries of subject
merchandise during the POR produced by the respondent company for which
it did not know that the merchandise it 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 un-
reviewed entries at the ``All Others'' rate if there is no rate for the
intermediary involved in the transaction. See Assessment of Dumping
Duties for a full discussion of this clarification. The Department will
issue liquidation instructions to CBP 15 days after the publication of
this notice of rescission of review.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777 (i)(1) of the Act.
Dated: June 18, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-15493 Filed 6-29-09; 8:45 am]
BILLING CODE 3510-DS-P
