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]
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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.,
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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,
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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
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05AUN1
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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
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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
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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
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05AUN1
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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–
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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
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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 https://
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:
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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
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AGENCY:
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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
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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 https://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
