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: Continuation of Antidumping Duty Orders, 62762-62765 [2011-26226]
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62762
Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Notices
Antidumping Duty Changed
Circumstances Review, 76 FR 59111
(September 23, 2011).
FOR FURTHER INFORMATION CONTACT:
Extension of Time Limit for the Final
Results
The Department finds that it is not
practicable to complete this review by
the current deadline. The Department
has determined that it requires
additional time to analyze the case and
rebuttal briefs submitted by interested
parties. Consequently, in accordance
with 19 CFR 351.302(b), the Department
is extending the time period for issuing
the final results in this review by an
additional 15 days. Therefore, the final
results will be due no later than October
19, 2011.
We are issuing and publishing this
notice in accordance with sections
751(b) and 777(i) of the Tariff Act of
1930, as amended.
Dated: October 3, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–26211 Filed 10–7–11; 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:
Continuation of Antidumping Duty
Orders
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 11, 2011.
SUMMARY: As a result of the
determinations by the Department of
Commerce (‘‘Department’’) and the
International Trade Commission (‘‘ITC’’)
that revocation 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 would
likely lead to a continuation or
recurrence of dumping and material
injury to an industry in the United
States, the Department is publishing a
notice of continuation of the
antidumping duty orders.
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AGENCY:
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Jkt 226001
Mary Kolberg, AD/CVD Operations,
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: On April
1, 2011, the Department published in
the Federal Register 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)(2) of the
Tariff Act of 1930, as amended (‘‘the
Act’’). See Initiation of Five-Year
(‘‘Sunset’’) Review, 76 FR 18163 (April
1, 2011).
As a result of its review, the
Department determined that revocation
of the antidumping duty orders on large
diameter pipe from Japan and small
diameter pipe from Japan and Romania
would likely lead to a continuation or
recurrence of dumping and, therefore,
notified the ITC of the magnitude of the
margins likely to prevail should the
order be revoked. See 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, 76 FR 47555
(August 5, 2011).
On September 28, 2011, the ITC
determined, pursuant to section
751(c)(1) of the Act, that revocation of
the antidumping duty orders on large
diameter pipe from Japan and small
diameter pipe from Japan and Romania
would likely lead to a continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time. See Carbon
and Alloy Seamless Standard, Line, and
Pressure Pipe From Japan and Romania,
76 FR 60083 (September 28, 2011), and
USITC Publication 4262 (September
2011), Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe from
Japan and Romania, Investigation Nos.
731–TA–847 and 849 (Second Review).
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
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Sfmt 4703
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
1000 degrees Fahrenheit, at various
American Society of Mechanical
Engineers (‘‘ASME’’) code stress levels.
Alloy pipes made to ASTM A–335
standard must be used if temperatures
and stress levels exceed those allowed
for ASTM A–106. Seamless pressure
pipes sold in the United States are
commonly produced to the ASTM A–
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Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Notices
106 standard. Seamless standard pipes
are most commonly produced to the
ASTM A–53 specification and generally
are not intended for high temperature
service.
They are intended for the low
temperature and pressure conveyance of
water, steam, natural gas, air and other
liquids and gasses in plumbing and
heating systems, air conditioning units,
automatic sprinkler systems, and other
related uses. Standard pipes (depending
on type and code) may carry liquids at
elevated temperatures but must not
exceed relevant ASME code
requirements. If exceptionally low
temperature uses or conditions are
anticipated, standard pipe may be
manufactured to ASTM A–333 or ASTM
A–334 specifications.
Seamless line pipes are intended for
the conveyance of oil and natural gas or
other fluids in pipe lines. Seamless line
pipes are produced to the API 5L
specification. Seamless water well pipe
(ASTM A–589) and seamless galvanized
pipe for fire protection uses (ASTM A–
795) are used for the conveyance of
water.
Seamless pipes are commonly
produced and certified to meet ASTM
A–106, ASTM A–53, API 5L–B, and API
5L–X42 specifications. To avoid
maintaining separate production runs
and separate inventories, manufacturers
typically triple or quadruple certify the
pipes by meeting the metallurgical
requirements and performing the
required tests pursuant to the respective
specifications. Since distributors sell the
vast majority of this product, they can
thereby maintain a single inventory to
service all customers.
The primary application of ASTM A–
106 pressure pipes and triple or
quadruple certified pipes in large
diameters is for use as oil and gas
distribution lines for commercial
applications. A more minor application
for large diameter seamless pipes is for
use in pressure piping systems by
refineries, petrochemical plants, and
chemical plants, as well as in power
generation plants and in some oil field
uses (on shore and off shore) such as for
separator lines, gathering lines and
metering runs. These applications
constitute the majority of the market for
the subject seamless pipes. However,
ASTM A–106 pipes may be used in
some boiler applications.
The scope of this 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.
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20:47 Oct 07, 2011
Jkt 226001
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
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62763
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 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,
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11OCN1
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62764
Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Notices
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
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
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20:47 Oct 07, 2011
Jkt 226001
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 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
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Fmt 4703
Sfmt 4703
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.
Continuation of the Order
As a result of these determinations by
the Department and the ITC that
revocation of the antidumping duty
orders would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
antidumping orders on large diameter
pipe from Japan and small diameter
pipe from Japan and Romania. CBP will
continue to collect antidumping duty
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of the
continuation of these orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
the Department intends to initiate the
next five-year review of the orders not
later than 30 days prior to the fifth
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Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Notices
anniversary of the effective date of
continuation.
This five-year (sunset) review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: October 3, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–26226 Filed 10–7–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–941]
Certain Kitchen Appliance Shelving
and Racks From the People’s Republic
of China: Preliminary Results of the
First Administrative Review,
Preliminary Rescission, in Part, and
Extension of Time Limits for the Final
Results
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 11, 2011.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on certain
kitchen appliance shelving and racks
from the People’s Republic of China
(‘‘PRC’’), covering the period of review
(‘‘POR’’) of March 5, 2009, through
August 31, 2010.1 The Department has
preliminarily determined that sales have
been made below normal value (‘‘NV’’)
by the respondents examined in this
administrative review. If these
preliminary results are adopted in our
final results of this review, the
Department will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries of subject merchandise during
the period of review.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry or Kabir Archuletta,
AD/CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington DC 20230;
telephone: (202) 482–7906 or (202) 482–
2593, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On October 28, 2010, the Department
initiated an administrative review of
1 See ‘‘Period of Review’’ section below for
further explanation of the POR in this
administrative review.
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20:47 Oct 07, 2011
Jkt 226001
certain kitchen appliance shelving and
racks from the PRC for the period March
5, 2009, through August 31, 2010. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 75 FR 66349 (October 28,
2010) (‘‘First Initiation’’).2
On December 1, 2010, the Department
placed U.S. Customs and Border
Protection (‘‘CBP’’) data for the
Harmonized Tarrif Schedule (‘‘HTS’’)
numbers listed in the scope of the Order
on the record of the review and stated
that because there were apparent
anomalies in the data that, for
respondent selection purposes, it would
be issuing quantity and value (‘‘Q&V’’)
questionnaires to all companies under
review, which were also issued on
December 1, 2010.3 The Department
received timely Q&V responses from
four exporters that shipped subject
merchandise to the United States during
the POR: Jiangsu Weixi Group Co.
(‘‘Weixi’’); Guangdong Wireking
Housewares & Hardware Co., Ltd.
(‘‘Wireking’’); New King Shan (Zhuhai)
Wire Co., Ltd. (‘‘NKS’’); and Hangzhou
Dunli Import & Export Co., Ltd.,
(‘‘Dunli’’). The Department also received
a timely Q&V response from Hengtong
Hardware Manufacturer (Huizhou) Co.,
Ltd. (‘‘Hengtong Hardware’’) indicating
that it had no shipments of subject
merchandise during the POR. On
December 23, 2010, the Department
received an untimely Q&V response
from Leader Metal Industry Co., Ltd.,
(aka Marmon Retail Services Asia
Company) (‘‘Leader’’). On January 20,
2 Nashville Wire Products Inc. and SSW Holding
Company, Inc. (collectively, ‘‘Petitioners’’) initially
requested that the Department initiate an
administrative review of ten companies; however,
we required additional information concerning
why, pursuant to 19 CFR 351.213(b)(1), Petitioners
requested a review of five of these companies. See
First Initiation, 75 FR at 66352. Accordingly, the
Department postponed initiation of this
administrative review with respect to five
companies requested by Petitioners. See id. and
Initiation of Antidumping and Countervailing Duty
Administrative Reviews; Correction, 75 FR 69054
(November 10, 2010). After reviewing additional
information placed on the record of this
administrative review by Petitioners, we
determined that, for three of the five companies,
Petitioners did not provide any reason, other than
alleged transshipment, for initiation; therefore, we
declined to initiate a review for Asia Pacific CIS
(Thailand) Co., Ltd., Taiwan Rail Company, and
King Shan Wire Co., Ltd. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 75 FR 73036, 73039
(November 29, 2010). However, we did determine
that it was appropriate to initiate this review with
respect to two additional companies originally
requested by Petitioners: Asia Pacific CIS (Wuxi)
Co., Ltd.; and Hengtong Hardware Manufacturing
(Huizhou) Co., Ltd. See id.
3 See Memorandum to The File, from Katie
Marksberry, International Trade Specialist, Office 9,
regarding ‘‘Release of Customs and Border
Protection (‘‘CBP’’) Data’’, dated December 1, 2010.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
62765
2011, the Department sent a letter to
Leader rejecting its untimely filed Q&V
response and stating that it would not
be considered for the purposes of this
review.
Respondent Selection
On January 20, 2011, the Department
selected two mandatory respondents for
this review, pursuant to section
777A(c)(2)(B) of the Tariff Act of 1930,
as amended (‘‘the Act’’), Wireking and
Weixi.4 The Department sent its
antidumping duty questionnaire to
Weixi and Wireking on January 20,
2011.5 In its questionnaire, the
Department requested that each firm
provide a response to Section A of the
Department’s non-market economy
(‘‘NME’’) questionnaire by February 10,
2011, and Sections C and D of the NME
questionnaire by February 28, 2011.
On February 2, 2011, eight days prior
to the Department’s February 10, 2011,
deadline for Section A questionnaire
responses, the Department received a
request on behalf of NKS, a mandatory
respondent in the LTFV Investigation 6
and a company for which an
administrative review was requested, to
be selected as a replacement mandatory
respondent in the event of a nonresponsive mandatory respondent. NKS
also requested a 28-day extension to
submit its questionnaire responses.7 On
February 4, 2011, Wireking filed a
request for an extension of the deadline
to submit its Section A response, which
the Department extended to February
22, 2011, for Wireking and any potential
voluntary respondents.8 The
4 See Memorandum to James C. Doyle, Office
Director, Office 9, through Catherine Bertrand,
Program Manager, Office 9, from Kabir Archuletta,
International Trade Analyst, Office 9, regarding
‘‘Selection of Respondents for the Antidumping
Review of Certain Kitchen Appliance Shelving and
Racks from the People’s Republic of China,’’ dated
January 20, 2011.
5 See Letters to Weixi and Wireking from
Catherine Bertrand, Program Manager, AD/CVD
Operations, Office 9, regarding ‘‘Kitchen Appliance
Shelving and Racks from the People’s Republic of
China,’’ dated January 20, 2011.
6 See Certain Kitchen Appliance Shelving and
Racks From the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 74
FR 36656 (July 24, 2009) (‘‘LTFV Investigation
Final’’), amended by Certain Kitchen Appliance
Shelving and Racks from the People’s Republic of
China: Amended Final Determination of Sales at
Less Than Fair Value and Notice of Antidumping
Duty Order, 74 FR 46971 (September 14, 2009)
(‘‘LTFV Investigation Amended Final’’).
7 See Letter from NKS regarding ‘‘Request for
Extension of Time to File Voluntary Response and
Request for Clarification of Reporting of Sales,’’
dated February 2, 2011 (‘‘NKS February 2
Submission’’).
8 See Memorandum to the File from Kabir
Archuletta, International Trade Analyst, Office 9,
regarding ‘‘Guangdong Wireking Housewares &
E:\FR\FM\11OCN1.SGM
Continued
11OCN1
]]>Agencies
[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62762-62765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26226]
-----------------------------------------------------------------------
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:
Continuation of Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
Dates: Effective Date: October 11, 2011.
SUMMARY: As a result of the determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC'') that revocation 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 would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of the antidumping duty orders.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations,
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: On April 1, 2011, the Department published
in the Federal Register 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)(2) of the Tariff Act of 1930, as amended (``the Act'').
See Initiation of Five-Year (``Sunset'') Review, 76 FR 18163 (April 1,
2011).
As a result of its review, the Department determined that
revocation of the antidumping duty orders on large diameter pipe from
Japan and small diameter pipe from Japan and Romania would likely lead
to a continuation or recurrence of dumping and, therefore, notified the
ITC of the magnitude of the margins likely to prevail should the order
be revoked. See 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, 76 FR 47555 (August 5, 2011).
On September 28, 2011, the ITC determined, pursuant to section
751(c)(1) of the Act, that revocation of the antidumping duty orders on
large diameter pipe from Japan and small diameter pipe from Japan and
Romania would likely lead to a continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time. See Carbon and Alloy Seamless Standard, Line, and
Pressure Pipe From Japan and Romania, 76 FR 60083 (September 28, 2011),
and USITC Publication 4262 (September 2011), Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe from Japan and Romania, Investigation
Nos. 731-TA-847 and 849 (Second Review).
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 1000 degrees Fahrenheit,
at various American Society of Mechanical Engineers (``ASME'') code
stress levels. Alloy pipes made to ASTM A-335 standard must be used if
temperatures and stress levels exceed those allowed for ASTM A-106.
Seamless pressure pipes sold in the United States are commonly produced
to the ASTM A-
[[Page 62763]]
106 standard. Seamless standard pipes are most commonly produced to the
ASTM A-53 specification and generally are not intended for high
temperature service.
They are intended for the low temperature and pressure conveyance
of water, steam, natural gas, air and other liquids and gasses in
plumbing and heating systems, air conditioning units, automatic
sprinkler systems, and other related uses. Standard pipes (depending on
type and code) may carry liquids at elevated temperatures but must not
exceed relevant ASME code requirements. If exceptionally low
temperature uses or conditions are anticipated, standard pipe may be
manufactured to ASTM A-333 or ASTM A-334 specifications.
Seamless line pipes are intended for the conveyance of oil and
natural gas or other fluids in pipe lines. Seamless line pipes are
produced to the API 5L specification. Seamless water well pipe (ASTM A-
589) and seamless galvanized pipe for fire protection uses (ASTM A-795)
are used for the conveyance of water.
Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53, API 5L-B, and API 5L-X42 specifications. To avoid
maintaining separate production runs and separate inventories,
manufacturers typically triple or quadruple certify the pipes by
meeting the metallurgical requirements and performing the required
tests pursuant to the respective specifications. Since distributors
sell the vast majority of this product, they can thereby maintain a
single inventory to service all customers.
The primary application of ASTM A-106 pressure pipes and triple or
quadruple certified pipes in large diameters is for use as oil and gas
distribution lines for commercial applications. A more minor
application for large diameter seamless pipes is for use in pressure
piping systems by refineries, petrochemical plants, and chemical
plants, as well as in power generation plants and in some oil field
uses (on shore and off shore) such as for separator lines, gathering
lines and metering runs. These applications constitute the majority of
the market for the subject seamless pipes. However, ASTM A-106 pipes
may be used in some boiler applications.
The scope of this 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,
[[Page 62764]]
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 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.
Continuation of the Order
As a result of these determinations by the Department and the ITC
that revocation of the antidumping duty orders would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
orders on large diameter pipe from Japan and small diameter pipe from
Japan and Romania. CBP will continue to collect antidumping duty cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise. The effective date of the continuation of these
orders will be the date of publication in the Federal Register of this
notice of continuation. Pursuant to section 751(c)(2) of the Act, the
Department intends to initiate the next five-year review of the orders
not later than 30 days prior to the fifth
[[Page 62765]]
anniversary of the effective date of continuation.
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: October 3, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-26226 Filed 10-7-11; 8:45 am]
BILLING CODE 3510-DS-P
