Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Japan; Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Japan and Romania: Final Results of the Expedited Second Five-Year Sunset Reviews of the Antidumping Duty Orders, 47555-47558 [2011-19933]

Download as PDF Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices Dated: August 1, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Washington, DC 20230; telephone (202) 482–1785. SUPPLEMENTARY INFORMATION: Background Appendix I Discussion of the Issues Comment 1: Whether the Application of Fact Available (FA)/Adverse Facts Available (AFA) Is Lawful. Comment 2: Whether the Department’s Circumvention Analysis Properly Addressed the Statutory Criteria. Comment 3: Whether the Department’s Use of FA/AFA Is Uncorroborated, Unreasonable and Punitive. Comment 4: Whether the Remedy Imposed Is Lawful. Comment 5: Whether the Assignment of the PRC-Wide Rate as AFA Is Appropriate. [FR Doc. 2011–19921 Filed 8–4–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–850, A–588–851, A–485–805] Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Japan; Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Japan and Romania: Final Results of the Expedited Second FiveYear Sunset Reviews of the Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 5, 2011. SUMMARY: On April 1, 2011, the Department of Commerce (‘‘Department’’) initiated the second sunset reviews of the antidumping duty orders on certain large diameter carbon and alloy seamless standard, line and pressure pipe (‘‘large diameter pipe’’) from Japan and certain small diameter carbon and alloy seamless standard, line and pressure pipe (‘‘small diameter pipe’’) from Japan and Romania. The Department has conducted expedited sunset reviews of these orders. As a result of these reviews, the Department finds that revocation of the antidumping duty orders would likely lead to a continuation or recurrence of dumping at the margins identified in the ‘‘Final Results of Review’’ section of this notice. erowe on DSKG8SOYB1PROD with NOTICES AGENCY: FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., VerDate Mar<15>2010 15:16 Aug 04, 2011 Jkt 223001 On April 1, 2011, the Department published the notice of initiation of the second sunset reviews of the antidumping duty orders on large diameter pipe from Japan and small diameter pipe from Japan and Romania pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 18163 (April 1, 2011). The Department received a notice of intent to participate in each of these reviews from United States Steel Corporation (‘‘Petitioner’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). Petitioner claimed interested party status for each of these reviews under section 771(9)(C) of the Act, as a manufacturer of the domesticlike product in the United States. On May 2, 2011, the Department received a complete substantive response from Petitioner for each of the reviews within the deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from any respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset reviews of these antidumping duty orders. Scope of the Orders Large Diameter Pipe From Japan The products covered by this order 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 order 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 order 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, PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 47555 beveled end, upset end, threaded, or threaded and coupled), or surface finish. The seamless pipes subject to this order 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 1,000 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 E:\FR\FM\05AUN1.SGM 05AUN1 erowe on DSKG8SOYB1PROD with NOTICES 47556 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices 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 order 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 VerDate Mar<15>2010 15:16 Aug 04, 2011 Jkt 223001 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 order. Specifically excluded from the scope of this order 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 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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. Small Diameter Pipe From Japan and Romania The products covered by these orders include small diameter seamless carbon and alloy (other than stainless) steel standard, line, and pressure pipes and redraw hollows produced, or equivalent, to the ASTM A–53, ASTM A–106, ASTM A–333, ASTM A–334, ASTM A–335, ASTM A–589, ASTM A– 795, and the API 5L specifications and meeting the physical parameters described below, regardless of application. The scope of these orders also includes all products used in standard, line, or pressure pipe applications and meeting the physical parameters described below, regardless of specification. Specifically included within the scope of these orders are seamless pipes and redraw hollows, less than or equal to 4.5 inches (114.3 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 these orders are currently classifiable under the subheadings 7304.10.10.20, 7304.10.50.20, 7304.19.10.20, 7304.19.50.20, 7304.31.30.00, 7304.31.60.50, 7304.39.00.16, 7304.39.00.20, 7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.51.50.05, 7304.51.50.60, 7304.59.60.00, 7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and 7304.59.80.25 of the HTSUS. Specifications, Characteristics, and Uses: Seamless pressure pipes are intended for the conveyance of water, steam, petrochemicals, chemicals, oil products, natural gas and other liquids and 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 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 E:\FR\FM\05AUN1.SGM 05AUN1 erowe on DSKG8SOYB1PROD with NOTICES Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices 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 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, ASTM A–106 pipes may be used in some boiler applications. Redraw hollows are any unfinished pipe or ‘‘hollow profiles’’ of carbon or alloy steel transformed by hot rolling or cold drawing/hydrostatic testing or other methods to enable the material to be sold under ASTM A–53, ASTM A– VerDate Mar<15>2010 15:16 Aug 04, 2011 Jkt 223001 106, ASTM A–333, ASTM A–334, ASTM A–335, ASTM A–589, ASTM A– 795, and API 5L specifications. The scope of these orders includes all seamless pipe meeting the physical parameters described above and produced to one of the specifications listed above, regardless of application, with the exception of the specific exclusions discussed below, and whether or not also certified to a noncovered specification. Standard, line, and pressure applications and the above-listed specifications are defining characteristics of the scope of the orders. Therefore, seamless pipes meeting the physical description above, but not produced to the ASTM A–53, ASTM A–106, ASTM A–333, ASTM A– 334, ASTM A–335, ASTM A–589, ASTM A–795, and API 5L specifications shall be covered if used in a standard, line, or pressure application, with the exception of the specific exclusions discussed below. For example, there are certain other ASTM specifications of pipe which, because of overlapping characteristics, could potentially be used in ASTM A– 106 applications. These specifications generally include ASTM A–161, ASTM A–192, ASTM A–210, ASTM A–252, ASTM A–501, ASTM A–523, ASTM A– 524, and ASTM A–618. When such pipes are used in a standard, line, or pressure pipe application, such products are covered by the scope of these orders. Specifically excluded from the scope of these orders are boiler tubing and mechanical tubing, if such products are not produced to ASTM A–53, ASTM A– 106, ASTM A–333, ASTM A–334, ASTM A–335, ASTM A–589, ASTM A– 795, and API 5L specifications and are not used in standard, line, or pressure pipe applications. In addition, finished and unfinished OCTG are excluded from the scope of these orders, if covered by the scope of another antidumping duty order from the same country. If not covered by such an OCTG order, finished and unfinished OCTG are included in these scopes when used in standard, line or pressure applications. With regard to the excluded products listed above, the Department will not instruct CBP to require end-use certification until such time as Petitioner or other interested parties provide to the Department a reasonable basis to believe or suspect that the products are being used in a covered application. If such information is provided, we will require end-use certification only for the product(s) (or specification(s)) for which evidence is provided that such products are being PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 47557 used in covered applications as described above. For example, if, based on evidence provided by Petitioner, the Department finds a reasonable basis to believe or suspect that seamless pipe produced to the A–161 specification is being used in a standard, line or pressure application, we will require end-use certifications for imports of that specification. Normally we will require only the importer of record to certify to the end use of the imported merchandise. If it later proves necessary for adequate implementation, we may also require producers who export such products to the United States to provide such certification on invoices accompanying shipments to the United States. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the merchandise under these orders is dispositive. Analysis of Comments Received All issues raised in these reviews are addressed in the Issues and Decision Memorandum (‘‘Decision Memorandum’’) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated concurrently with this notice, which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit in room 7046 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on large diameter pipe from Japan and the antidumping orders on small diameter pipe from Japan and Romania would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: E:\FR\FM\05AUN1.SGM 05AUN1 47558 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices Manufacturers/producers/ exporters Margin (percent) Large Diameter Pipe from Japan: Nippon Steel Corporation ........... Kawasaki Steel Corporation ....... Sumitomo Metal Industries, Ltd .. All Others .................................... Small Diameter Pipe from Japan: Nippon Steel Corporation ........... Kawasaki Steel Corporation ....... Sumitomo Metal Industries, Ltd .. All Others .................................... Small Diameter Pipe from Romania: Metal Business International S.R.L ....................................... S.C. Petrotub S.A ....................... Sota Communication Company .. S.C. Silcotub ............................... All Others .................................... 107.80 107.80 107.80 68.88 106.07 106.07 106.07 70.43 11.08 11.08 15.15 15.15 13.06 This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: July 29, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–19933 Filed 8–4–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–825] Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review under the countervailing duty (CVD) order on polyethylene terephthalate film, sheet and strip (PET Film) from India. This review covers one respondent, Ester erowe on DSKG8SOYB1PROD with NOTICES AGENCY: VerDate Mar<15>2010 15:16 Aug 04, 2011 Jkt 223001 Industries Ltd. (Ester), a producer and exporter of PET Film from India. We preliminarily determine that Ester has benefitted from countervailable subsidies provided on the production and export of PET Film from India. See the ‘‘Preliminary Results of Administrative Review’’ section, below. If the final results remain the same as the preliminary results of this review, we intend to instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties. Interested parties are invited to comment on the preliminary results of this administrative review. See the ‘‘Disclosure and Public Hearing’’ section of this notice, below. DATES: Effective Date: August 5, 2011. FOR FURTHER INFORMATION CONTACT: Toni Page or Elfi Blum, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1398 or (202) 482–0197, respectively. SUPPLEMENTARY INFORMATION: Background On July 1, 2002, the Department published in the Federal Register the CVD order on PET Film from India. See Notice of Countervailing Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from India, 67 FR 44179 (July 1, 2002). On July 1, 2010, the Department published a notice of opportunity to request an administrative review of the countervailing duty order on PET Film from India covering the period January 1, 2009, through December 31, 2009 (POR). See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 75 FR 38074 (July 1, 2010). The Department received a request for review from the petitioners (Dupont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc.) and two companies, Ester and SRF Limited. On August 31, 2010, the Department published a notice of initiation of administrative review with respect to Ester and SRF Limited. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Initiation of Administrative Review, 75 FR 53274 (August 31, 2010). On October 1, 2010, SRF Limited withdrew its request for an administrative review. On July 7, 2011, the Department published a rescission, in part, with respect to SRF Limited. See Polyethylene Terephthalate Film, Sheet and Strip PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 From India: Rescission, in Part, of Countervailing Duty Administrative Review, 76 FR 39855 (July 7, 2011). The Department issued the initial questionnaires to the Government of India (GOI), Ester, and SRF Limited on September 15, 2010. Ester submitted its questionnaire response on October 20, 2010, while the GOI submitted its questionnaire response on October 21, 2010. The Department issued its first supplemental questionnaires to the GOI and Ester on February 16, 2011. On March 11, 2011, Ester submitted its first supplemental questionnaire response. The GOI filed its first supplemental questionnaire response after the deadline established by the Department. Because the GOI missed the filing deadline and did not request a timely extension of the filing deadline, the Department rejected the GOI’s late filing and no further supplemental questionnaires have been sent to the GOI. The Department issued a second supplemental questionnaire to Ester on June 16, 2011 and received the company’s second supplemental questionnaire response on July 5, 2011. On March 28, 2011, the Department extended the deadline for the preliminary results of the countervailing duty administrative review from April 2, 2011 to August 1, 2011. See Polyethylene Terephthalate Film, Sheet, and Strip From India: Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review, 76 FR 18156 (April 1, 2011). On July 20, 2011, petitioners filed prepreliminary comments regarding Ester’s data. Scope of the Order The products covered by the countervailing duty order are all gauges of raw, pretreated, or primed Polyethylene Terephthalate Film, Sheet and Strip, whether extruded or coextruded. Excluded are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer of more than 0.00001 inches thick. Imports of PET Film are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item number 3920.62.00.90. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the countervailing duty order is dispositive. Period of Review This countervailing duty administrative review covers the period E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Pages 47555-47558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19933]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-850, A-588-851, A-485-805]


Certain Large Diameter Carbon and Alloy Seamless Standard, Line 
and Pressure Pipe From Japan; Certain Small Diameter Carbon and Alloy 
Seamless Standard, Line and Pressure Pipe From Japan and Romania: Final 
Results of the Expedited Second Five-Year Sunset Reviews of the 
Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: August 5, 2011.
SUMMARY: On April 1, 2011, the Department of Commerce (``Department'') 
initiated the second sunset reviews of the antidumping duty orders on 
certain large diameter carbon and alloy seamless standard, line and 
pressure pipe (``large diameter pipe'') from Japan and certain small 
diameter carbon and alloy seamless standard, line and pressure pipe 
(``small diameter pipe'') from Japan and Romania. The Department has 
conducted expedited sunset reviews of these orders. As a result of 
these reviews, the Department finds that revocation of the antidumping 
duty orders would likely lead to a continuation or recurrence of 
dumping at the margins identified in the ``Final Results of Review'' 
section of this notice.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, 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) 482-1785.

SUPPLEMENTARY INFORMATION: 

Background

    On April 1, 2011, the Department published the notice of initiation 
of the second sunset reviews of the antidumping duty orders on large 
diameter pipe from Japan and small diameter pipe from Japan and Romania 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). See Initiation of Five-Year (``Sunset'') Review, 76 FR 18163 
(April 1, 2011). The Department received a notice of intent to 
participate in each of these reviews from United States Steel 
Corporation (``Petitioner''), within the deadline specified in 19 CFR 
351.218(d)(1)(i). Petitioner claimed interested party status for each 
of these reviews under section 771(9)(C) of the Act, as a manufacturer 
of the domestic-like product in the United States.
    On May 2, 2011, the Department received a complete substantive 
response from Petitioner for each of the reviews within the deadline 
specified in 19 CFR 351.218(d)(3)(i). We received no substantive 
responses from any respondent interested parties. As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
the Department conducted expedited sunset reviews of these antidumping 
duty orders.

Scope of the Orders

Large Diameter Pipe From Japan

    The products covered by this order 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 order 
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 order 
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 order 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 1,000 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

[[Page 47556]]

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 order 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 products are covered by the 
scope of this order.
    Specifically excluded from the scope of this order 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 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.

Small Diameter Pipe From Japan and Romania

    The products covered by these orders include small diameter 
seamless carbon and alloy (other than stainless) steel standard, line, 
and pressure pipes and redraw hollows produced, or equivalent, to the 
ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, 
ASTM A-795, and the API 5L specifications and meeting the physical 
parameters described below, regardless of application. The scope of 
these orders also includes all products used in standard, line, or 
pressure pipe applications and meeting the physical parameters 
described below, regardless of specification. Specifically included 
within the scope of these orders are seamless pipes and redraw hollows, 
less than or equal to 4.5 inches (114.3 mm) in outside diameter, 
regardless of wall-thickness, manufacturing process (hot finished or 
cold-drawn), end finish (plain end, beveled end, upset end, threaded, 
or threaded and coupled), or surface finish.
    The seamless pipes subject to these orders are currently 
classifiable under the subheadings 7304.10.10.20, 7304.10.50.20, 
7304.19.10.20, 7304.19.50.20, 7304.31.30.00, 7304.31.60.50, 
7304.39.00.16, 7304.39.00.20, 7304.39.00.24, 7304.39.00.28, 
7304.39.00.32, 7304.51.50.05, 7304.51.50.60, 7304.59.60.00, 
7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and 7304.59.80.25 of the 
HTSUS.
    Specifications, Characteristics, and Uses: Seamless pressure pipes 
are intended for the conveyance of water, steam, petrochemicals, 
chemicals, oil products, natural gas and other liquids and 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 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

[[Page 47557]]

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 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, ASTM A-106 pipes may be used 
in some boiler applications.
    Redraw hollows are any unfinished pipe or ``hollow profiles'' of 
carbon or alloy steel transformed by hot rolling or cold drawing/
hydrostatic testing or other methods to enable the material to be sold 
under ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM 
A-589, ASTM A-795, and API 5L specifications.
    The scope of these orders includes all seamless pipe meeting the 
physical parameters described above and produced to one of the 
specifications listed above, regardless of application, with the 
exception of the specific exclusions discussed below, and whether or 
not also certified to a non-covered specification. Standard, line, and 
pressure applications and the above-listed specifications are defining 
characteristics of the scope of the orders. Therefore, seamless pipes 
meeting the physical description above, but not produced to the ASTM A-
53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-
795, and API 5L specifications shall be covered if used in a standard, 
line, or pressure application, with the exception of the specific 
exclusions discussed below.
    For example, there are certain other ASTM specifications of pipe 
which, because of overlapping characteristics, could potentially be 
used in ASTM A-106 applications. These specifications generally include 
ASTM A-161, ASTM A-192, ASTM A-210, ASTM A-252, ASTM A-501, ASTM A-523, 
ASTM A-524, and ASTM A-618. When such pipes are used in a standard, 
line, or pressure pipe application, such products are covered by the 
scope of these orders.
    Specifically excluded from the scope of these orders are boiler 
tubing and mechanical tubing, if such products are not produced to ASTM 
A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM 
A-795, and API 5L specifications and are not used in standard, line, or 
pressure pipe applications. In addition, finished and unfinished OCTG 
are excluded from the scope of these orders, if covered by the scope of 
another antidumping duty order from the same country. If not covered by 
such an OCTG order, finished and unfinished OCTG are included in these 
scopes when used in standard, line or pressure applications.
    With regard to the excluded products listed above, the Department 
will not instruct CBP to require end-use certification until such time 
as Petitioner or other interested parties provide to the Department a 
reasonable basis to believe or suspect that the products are being used 
in a covered application. If such information is provided, we will 
require end-use certification only for the product(s) (or 
specification(s)) for which evidence is provided that such products are 
being used in covered applications as described above. For example, if, 
based on evidence provided by Petitioner, the Department finds a 
reasonable basis to believe or suspect that seamless pipe produced to 
the A-161 specification is being used in a standard, line or pressure 
application, we will require end-use certifications for imports of that 
specification. Normally we will require only the importer of record to 
certify to the end use of the imported merchandise. If it later proves 
necessary for adequate implementation, we may also require producers 
who export such products to the United States to provide such 
certification on invoices accompanying shipments to the United States.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the merchandise under 
these orders is dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, dated concurrently with this notice, which is 
hereby adopted by this notice. The issues discussed in the Decision 
Memorandum include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail if the 
orders were revoked. Parties can find a complete discussion of all 
issues raised in these reviews and the corresponding recommendations in 
this public memorandum, which is on file in the Central Records Unit in 
room 7046 of the main Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Review

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the antidumping duty order on large diameter pipe 
from Japan and the antidumping orders on small diameter pipe from Japan 
and Romania would be likely to lead to continuation or recurrence of 
dumping at the following weighted-average percentage margins:

[[Page 47558]]



------------------------------------------------------------------------
                                                                Margin
             Manufacturers/producers/ exporters                (percent)
------------------------------------------------------------------------
Large Diameter Pipe from Japan:
Nippon Steel Corporation....................................      107.80
Kawasaki Steel Corporation..................................      107.80
Sumitomo Metal Industries, Ltd..............................      107.80
All Others..................................................       68.88
Small Diameter Pipe from Japan:
Nippon Steel Corporation....................................      106.07
Kawasaki Steel Corporation..................................      106.07
Sumitomo Metal Industries, Ltd..............................      106.07
All Others..................................................       70.43
Small Diameter Pipe from Romania:
Metal Business International S.R.L..........................       11.08
S.C. Petrotub S.A...........................................       11.08
Sota Communication Company..................................       15.15
S.C. Silcotub...............................................       15.15
All Others..................................................       13.06
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: July 29, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-19933 Filed 8-4-11; 8:45 am]
BILLING CODE 3510-DS-P