Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Over 41/2, 13079-13082 [2012-5261]
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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
Second, that no person may, directly
or indirectly, do any of the following:
A. Export or reexport to or on behalf
of a Denied Person any item subject to
the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by
a Denied Person of the ownership,
possession, or control of any item
subject to the EAR that has been or will
be exported from the United States,
including financing or other support
activities related to a transaction
whereby a Denied Person acquires or
attempts to acquire such ownership,
possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from a Denied Person of any
item subject to the EAR that has been
exported from the United States;
D. Obtain from a Denied Person in the
United States any item subject to the
EAR with knowledge or reason to know
that the item will be, or is intended to
be, exported from the United States; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by a Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by a Denied Person if such
service involves the use of any item
subject to the EAR that has been or will
be exported from the United States. For
purposes of this paragraph, servicing
means installation, maintenance, repair,
modification or testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to a Denied Person
by affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of this
Order.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the EAR where the
only items involved that are subject to
the EAR are the foreign-produced direct
product of U.S.-origin technology.
In accordance with the provisions of
Section 766.24(e) of the EAR, the
Respondents may, at any time, appeal
this Order by filing a full written
statement in support of the appeal with
the Office of the Administrative Law
Judge, U.S. Coast Guard ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
BIS may seek renewal of this Order by
filing a written request with the
Assistant Secretary of Commerce for
Export Enforcement in accordance with
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the provisions of Section 766.24(d) of
the EAR, which currently provides that
such a written request must be
submitted not later than 20 days before
the expiration date. A Respondent may
oppose a request to renew this Order in
accordance with Section 766.24(d),
including by filing a written submission
with the Assistant Secretary of
Commerce for Export Enforcement,
supported by appropriate evidence. Any
opposition ordinarily must be received
not later than seven days before the
expiration date of the Order.
Notice of the issuance of this Order
shall be given to Respondents in
accordance with Sections 766.5(b) and
766.24(b)(5) of the Regulations. This
Order also shall be published in the
Federal Register.
This Order is effective immediately and
shall remain in effect for 180 days.
Issued this 25th day of February 2012.
Donald G. Salo,
Deputy Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 2012–5221 Filed 3–2–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–850]
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line, and
Pressure Pipe (Over 41⁄2 Inches) From
Japan: Preliminary Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that JFE Steel Corporation
(‘‘JFE’’); Nippon Steel Corporation
(‘‘Nippon’’); NKK Tubes (‘‘NKK’’); and
Sumitomo Metal Industries, Ltd.
(‘‘SMI’’) made no shipments of
merchandise subject to the antidumping
duty order on certain large diameter
carbon and alloy seamless standard,
line, and pressure pipe (over 41⁄2 inches)
from Japan during the period June 1,
2010, through May 31, 2011. Interested
parties are invited to comment on the
preliminary results.
DATES: Effective Date: March 5, 2012.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin, AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
AGENCY:
PO 00000
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13079
Washington, DC 20230; telephone: (202)
482–6478.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2011, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on carbon and
alloy seamless standard, line, and
pressure pipe (over 41⁄2 inches) from
Japan for the period June 1, 2010,
through May 31, 2011. See Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation;
Opportunity To Request Administrative
Review, 76 FR 31586 (June 1, 2011). On
June 30, 2011, United States Steel
Corporation (‘‘U.S. Steel’’), a domestic
producer of the subject merchandise,
made a timely request that the
Department conduct an administrative
review of JFE, Nippon, NKK, and SMI.
On July 28, 2011, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (‘‘the Act’’), the Department
published in the Federal Register a
notice of initiation of this antidumping
duty administrative review. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, Requests for Revocations in
Part and Deferral of Administrative
Reviews, 76 FR 45227 (July 28, 2011).
On August 4, 2011, Nippon submitted
a letter to the Department certifying that
it made no shipments or entries for
consumption in the United States of
subject merchandise during the period
of review (‘‘POR’’). On August 31, 2011,
the Department issued its antidumping
duty questionnaire to JFE, NKK, and
SMI. On September 1, 2011, September
9, 2011 and September 19, 2011, SMI,
NKK, and JFE, respectively, submitted
letters to the Department certifying that
each company made no shipments or
entries for consumption in the United
States of subject merchandise during the
POR.
Scope of the Order
The products covered by the 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
the order also includes all other
products used in standard, line, or
pressure pipe applications and meeting
the physical parameters described
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below, regardless of specification, with
the exception of the exclusions
discussed below. Specifically included
within the scope of the 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 the
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–
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
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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 the 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 the order.
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,
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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 the
order.
Specifically excluded from the scope
of the 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 the 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
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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.
Preliminary Determination of No
Shipments
As noted above, all four of the
potential respondents submitted letters
to the Department indicating that they
did not make any shipments or entries
of subject merchandise to the United
States during the POR. In response to
the Department’s query to CBP, CBP
data showed subject merchandise
manufactured by SMI may have entered
for consumption into the United States
during the POR. On December 14 and
20, 2011, the Department placed on the
record of the review the CBP data and
copies of the entry documents in
question.
The Department confirmed with CBP
the no shipment claims of NKK, JFE,
and Nippon. Because the evidence on
the record indicates NKK, JFE, and
Nippon did not export subject
merchandise to the United States during
the POR, we preliminarily determine
these three companies had no
reviewable transactions during the POR.
On December 16, 2011, the
Department requested that SMI
substantiate its claims of no shipments.
On January 20, 2012, SMI reiterated that
it did not make any U.S. sales of subject
merchandise during the POR and that it
did not sell subject merchandise to any
end users or distributors with
knowledge that the subject merchandise
would be subsequently exported to the
United States during the POR. SMI did
report selling subject merchandise
through trading companies, distributors,
and end users in Japan and third
countries. However, SMI added that it
neither initiated nor was aware of its
subject merchandise being exported
from Japan or third countries to the
United States during the POR.
Based on SMI’s submissions and our
review of CBP documentation, the
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Department preliminarily determines
that the record evidence supports SMI’s
explanation that, at the time of the sale,
it had no knowledge that any of these
entries of subject merchandise entered
the United States during the POR.
Accordingly, we preliminarily
determine that subject merchandise
produced by SMI entered the United
States during the POR under its
antidumping case number, but did so by
way of intermediaries without its
knowledge. See Memorandum to the
File titled, ‘‘Preliminary Determination
of No Shipments in the Antidumping
Duty Administrative Review on Certain
Large Diameter Carbon and Alloy
Seamless Standard, Line, and Pressure
Pipe (Over 4 c Inches) from Japan,’’
dated concurrently with this notice for
a full analysis. Thus, the Department
finds that SMI’s claim of no shipments
or entries for consumption is
substantiated. Based upon the
certifications and the evidence on the
record, we are satisfied that SMI had no
shipments of subject merchandise to the
United States during the POR, and, as
such, we preliminarily determine that
SMI had no reviewable transactions
during the POR.
Since the implementation of the 1997
regulations, our practice concerning noshipment respondents had been to
rescind the administrative review if the
respondent certifies that it had no
shipments and we have confirmed
through our examination of CBP data
that there were no shipments of subject
merchandise during the POR. See 19
CFR 351.213(d)(3); see also Certain
Large Diameter Carbon and Alloy
Seamless Standard, Line, and Pressure
Pipe From Japan: Rescission of
Antidumping Duty Administrative
Review, 75 FR 38781 (July 6, 2010). In
such circumstances, we normally
instruct CBP to liquidate any entries
from the no-shipment company at the
deposit rate in effect on the date of
entry. See 19 CFR 351.212(a)
In our May 6, 2003, ‘‘automatic
assessment’’ clarification, we explained
that, where respondents in an
administrative review demonstrate that
they had no knowledge of sales through
resellers to the United States, we would
instruct CBP to liquidate such entries at
the all-others rate applicable to the
proceeding. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (‘‘Assessment
Policy Notice’’).
Because ‘‘as entered’’ liquidation
instructions do not alleviate the
concerns which the Assessment Policy
Notice was intended to address, we
determine that it is appropriate in this
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13081
case to instruct CBP to liquidate any
existing entries of merchandise
produced by Nippon, JFE, SMI, and
NKK, and exported by other parties at
the all-others rate, should we continue
to find that Nippon, JFE, SMI, and NKK
had no shipments of subject
merchandise in the POR in our final
results. See, e.g., Magnesium Metal
From the Russian Federation:
Preliminary Results of Antidumping
Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010),
unchanged in Magnesium Metal From
the Russian Federation: Final Results of
Antidumping Duty Administrative
Review, 75 FR 56989, 56990 (September
17, 2010). In addition, the Department
finds that it is more consistent with the
Assessment Policy Notice not to rescind
the review in part in these
circumstances but, rather, to complete
the review with respect to Nippon, JFE,
SMI, and NKK and to issue appropriate
instructions to CBP based on the final
results of the review. See the
‘‘Assessment Rates’’ section of this
notice below.
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
within 30 days of the date of publication
of this notice. Rebuttal briefs, which
must be limited to issues raised in the
case briefs, should be filed not later than
five days after the time limit for filing
case briefs. See 19 CFR 351.309(d).
Parties submitting arguments in this
proceeding are requested to submit with
each argument: (1) A statement of the
issue; (2) a brief summary of the
argument; and (3) a table of authorities,
in accordance with 19 CFR
351.309(d)(2). Further, parties
submitting case and/or rebuttal briefs
are requested to provide the Department
with an additional electronic copy of
the public version of any such
comments on a computer diskette. Case
and rebuttal briefs must be served on
interested parties in accordance with 19
CFR 351.303(f).
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of publication of this
notice in the Federal Register. If a
hearing is requested, the Department
will notify interested parties of the
hearing schedule. Issues raised in the
hearing will be limited to those raised
in the case briefs.
The Department will issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any such
comments, within 120 days of
publication of these preliminary results,
unless extended. See section
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Notification to Importers
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
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Cash-Deposit Requirements
If we continue to make a final
determination of no shipments, cash
deposit requirements will not change,
and we will not issue cash deposit
instructions to CBP. The following cash
deposit requirements are currently in
effect: (1) for previously reviewed or
investigated companies, the cashdeposit rate will continue to be the
company-specific rate published for the
most recent period; (2) if the exporter is
not a firm covered in a prior review or
in the less-than-fair-value (‘‘LTFV’’)
investigation but the manufacturer is,
the cash-deposit rate will be the rate
established for the most recent period
for the manufacturer of the subject
merchandise; (3) if neither the exporter
nor the manufacturer is a firm covered
in this or any previous segment of the
proceeding, the cash-deposit rate will
continue to be the all-others rate
established in the LTFV investigation,
which is 68.88 percent. See Notice of
Antidumping Duty Orders: Certain
Large Diameter Carbon and Alloy
Seamless Standard, Line and Pressure
Pipe from Japan; and Certain Small
Diameter Carbon and Alloy Seamless
Standard, Line and Pressure Pipe From
Japan and the Republic of South Africa,
65 FR 39360 (June 26, 2000). These
deposit requirements continue to
remain in effect until further notice.
Assessment Rates
Upon completion of the
administrative review, the Department
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries, in accordance with 19 CFR
351.212. The Department intends to
issue appraisement instructions directly
to CBP 15 days after the date of
publication of the final results of this
review.
As noted above, the Department
clarified its ‘‘automatic assessment’’
regulation on May 6, 2003. See
Assessment Policy Notice. This
clarification will apply to POR entries
by all respondent companies if we
continue to make a final determination
of no shipments because they certified
that they made no POR shipments of
subject merchandise for which they had
knowledge of U.S. destination. We will
instruct CBP to liquidate these entries at
the all-others rate established in the
less-than-fair-value investigation, 68.88
per cent, if there is no rate for the
intermediary involved in the
transaction. See Assessment Policy
Notice for a full discussion of this
clarification.
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This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
These preliminary results of
administrative review and notice are
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221.
Dated: February 24, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2012–5261 Filed 3–2–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished From
the People’s Republic of China:
Extension of the Time Limit for the
Preliminary Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: March 5, 2012.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander and Erin Kearney,
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–0182 and (202)
482–0167, respectively.
SUPPLEMENTARY INFORMATION: On July
28, 2011, the Department of Commerce
(‘‘the Department’’) published in the
Federal Register a notice of initiation of
an administrative review of the
antidumping duty order on tapered
roller bearings (‘‘TRBs’’) and parts
thereof, finished or unfinished from the
People’s Republic of China. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, Requests for Revocations in
Part and Deferral of Administrative
Reviews, 76 FR 45227 (July 28, 2011).
AGENCY:
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The period of review (‘‘POR’’) is June 1,
2010, through May 31, 2011.
Extension of Time Limit for Preliminary
Results
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), the Department shall make a
preliminary determination in an
administrative review of an
antidumping duty order within 245
days after the last day of the anniversary
month of the date of publication of the
order. However, if it is not practicable
to complete the review within this time
period, section 751(a)(3)(A) of the Act
allows the Department to extend the
time period to a maximum of 365 days.
The Department is extending the
preliminary results by 120 days because
the Department needs additional time to
analyze information pertaining to
Changshan Peer Bearing Co., Ltd.’s
(‘‘CPZ/SKF’’) and Peer Bearing
Company’s (‘‘Peer/SKF’’) U.S. sales and
factors of production data and issue
additional supplemental questionnaires.
In addition, prior to the preliminary
results, the Department will be
conducting a mandatory verification of
CPZ/SKF and Peer/SKF. Therefore, in
accordance with section 751(a)(3)(A) of
the Act, because the Department finds
that it is not practicable to complete the
review within the original deadlines,
the Department is extending the time
period for completing the preliminary
results of the instant administrative
review by 120 days, from March 1, 2012,
until June 29, 2012. The final results
continue to be due 120 days after the
publication of the preliminary results.
This notice is published pursuant to
sections 751(a) and 777(i) of the Act.
Dated: February 23, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–5257 Filed 3–2–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–822]
Certain Frozen Warmwater Shrimp
From Thailand: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary No Shipment
Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting the sixth
AGENCY:
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13079-13082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5261]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-850]
Certain Large Diameter Carbon and Alloy Seamless Standard, Line,
and Pressure Pipe (Over 4\1/2\ Inches) From Japan: Preliminary Results
of the Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that JFE Steel Corporation (``JFE''); Nippon Steel
Corporation (``Nippon''); NKK Tubes (``NKK''); and Sumitomo Metal
Industries, Ltd. (``SMI'') made no shipments of merchandise subject to
the antidumping duty order on certain large diameter carbon and alloy
seamless standard, line, and pressure pipe (over 4\1/2\ inches) from
Japan during the period June 1, 2010, through May 31, 2011. Interested
parties are invited to comment on the preliminary results.
DATES: Effective Date: March 5, 2012.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, 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) 482-6478.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2011, the Department published a notice of opportunity
to request an administrative review of the antidumping duty order on
carbon and alloy seamless standard, line, and pressure pipe (over 4\1/
2\ inches) from Japan for the period June 1, 2010, through May 31,
2011. See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative Review,
76 FR 31586 (June 1, 2011). On June 30, 2011, United States Steel
Corporation (``U.S. Steel''), a domestic producer of the subject
merchandise, made a timely request that the Department conduct an
administrative review of JFE, Nippon, NKK, and SMI. On July 28, 2011,
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(``the Act''), the Department published in the Federal Register a
notice of initiation of this antidumping duty administrative review.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews, Requests for Revocations in Part and Deferral of
Administrative Reviews, 76 FR 45227 (July 28, 2011).
On August 4, 2011, Nippon submitted a letter to the Department
certifying that it made no shipments or entries for consumption in the
United States of subject merchandise during the period of review
(``POR''). On August 31, 2011, the Department issued its antidumping
duty questionnaire to JFE, NKK, and SMI. On September 1, 2011,
September 9, 2011 and September 19, 2011, SMI, NKK, and JFE,
respectively, submitted letters to the Department certifying that each
company made no shipments or entries for consumption in the United
States of subject merchandise during the POR.
Scope of the Order
The products covered by the 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 the order also
includes all other products used in standard, line, or pressure pipe
applications and meeting the physical parameters described
[[Page 13080]]
below, regardless of specification, with the exception of the
exclusions discussed below. Specifically included within the scope of
the 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 the 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-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 the 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 the order. 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 the order.
Specifically excluded from the scope of the 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 the 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
[[Page 13081]]
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.
Preliminary Determination of No Shipments
As noted above, all four of the potential respondents submitted
letters to the Department indicating that they did not make any
shipments or entries of subject merchandise to the United States during
the POR. In response to the Department's query to CBP, CBP data showed
subject merchandise manufactured by SMI may have entered for
consumption into the United States during the POR. On December 14 and
20, 2011, the Department placed on the record of the review the CBP
data and copies of the entry documents in question.
The Department confirmed with CBP the no shipment claims of NKK,
JFE, and Nippon. Because the evidence on the record indicates NKK, JFE,
and Nippon did not export subject merchandise to the United States
during the POR, we preliminarily determine these three companies had no
reviewable transactions during the POR.
On December 16, 2011, the Department requested that SMI
substantiate its claims of no shipments. On January 20, 2012, SMI
reiterated that it did not make any U.S. sales of subject merchandise
during the POR and that it did not sell subject merchandise to any end
users or distributors with knowledge that the subject merchandise would
be subsequently exported to the United States during the POR. SMI did
report selling subject merchandise through trading companies,
distributors, and end users in Japan and third countries. However, SMI
added that it neither initiated nor was aware of its subject
merchandise being exported from Japan or third countries to the United
States during the POR.
Based on SMI's submissions and our review of CBP documentation, the
Department preliminarily determines that the record evidence supports
SMI's explanation that, at the time of the sale, it had no knowledge
that any of these entries of subject merchandise entered the United
States during the POR. Accordingly, we preliminarily determine that
subject merchandise produced by SMI entered the United States during
the POR under its antidumping case number, but did so by way of
intermediaries without its knowledge. See Memorandum to the File
titled, ``Preliminary Determination of No Shipments in the Antidumping
Duty Administrative Review on Certain Large Diameter Carbon and Alloy
Seamless Standard, Line, and Pressure Pipe (Over 4 [frac12] Inches)
from Japan,'' dated concurrently with this notice for a full analysis.
Thus, the Department finds that SMI's claim of no shipments or entries
for consumption is substantiated. Based upon the certifications and the
evidence on the record, we are satisfied that SMI had no shipments of
subject merchandise to the United States during the POR, and, as such,
we preliminarily determine that SMI had no reviewable transactions
during the POR.
Since the implementation of the 1997 regulations, our practice
concerning no-shipment respondents had been to rescind the
administrative review if the respondent certifies that it had no
shipments and we have confirmed through our examination of CBP data
that there were no shipments of subject merchandise during the POR. See
19 CFR 351.213(d)(3); see also Certain Large Diameter Carbon and Alloy
Seamless Standard, Line, and Pressure Pipe From Japan: Rescission of
Antidumping Duty Administrative Review, 75 FR 38781 (July 6, 2010). In
such circumstances, we normally instruct CBP to liquidate any entries
from the no-shipment company at the deposit rate in effect on the date
of entry. See 19 CFR 351.212(a)
In our May 6, 2003, ``automatic assessment'' clarification, we
explained that, where respondents in an administrative review
demonstrate that they had no knowledge of sales through resellers to
the United States, we would instruct CBP to liquidate such entries at
the all-others rate applicable to the proceeding. See Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (``Assessment Policy Notice'').
Because ``as entered'' liquidation instructions do not alleviate
the concerns which the Assessment Policy Notice was intended to
address, we determine that it is appropriate in this case to instruct
CBP to liquidate any existing entries of merchandise produced by
Nippon, JFE, SMI, and NKK, and exported by other parties at the all-
others rate, should we continue to find that Nippon, JFE, SMI, and NKK
had no shipments of subject merchandise in the POR in our final
results. See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989, 56990 (September 17, 2010). In addition, the
Department finds that it is more consistent with the Assessment Policy
Notice not to rescind the review in part in these circumstances but,
rather, to complete the review with respect to Nippon, JFE, SMI, and
NKK and to issue appropriate instructions to CBP based on the final
results of the review. See the ``Assessment Rates'' section of this
notice below.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs within 30 days of the date of publication of this notice.
Rebuttal briefs, which must be limited to issues raised in the case
briefs, should be filed not later than five days after the time limit
for filing case briefs. See 19 CFR 351.309(d). Parties submitting
arguments in this proceeding are requested to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities, in accordance with 19 CFR
351.309(d)(2). Further, parties submitting case and/or rebuttal briefs
are requested to provide the Department with an additional electronic
copy of the public version of any such comments on a computer diskette.
Case and rebuttal briefs must be served on interested parties in
accordance with 19 CFR 351.303(f).
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of publication of this notice in the Federal
Register. If a hearing is requested, the Department will notify
interested parties of the hearing schedule. Issues raised in the
hearing will be limited to those raised in the case briefs.
The Department will issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any such comments, within 120 days of publication of these
preliminary results, unless extended. See section
[[Page 13082]]
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Cash-Deposit Requirements
If we continue to make a final determination of no shipments, cash
deposit requirements will not change, and we will not issue cash
deposit instructions to CBP. The following cash deposit requirements
are currently in effect: (1) for previously reviewed or investigated
companies, the cash-deposit rate will continue to be the company-
specific rate published for the most recent period; (2) if the exporter
is not a firm covered in a prior review or in the less-than-fair-value
(``LTFV'') investigation but the manufacturer is, the cash-deposit rate
will be the rate established for the most recent period for the
manufacturer of the subject merchandise; (3) if neither the exporter
nor the manufacturer is a firm covered in this or any previous segment
of the proceeding, the cash-deposit rate will continue to be the all-
others rate established in the LTFV investigation, which is 68.88
percent. See Notice of Antidumping Duty Orders: Certain Large Diameter
Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Japan;
and Certain Small Diameter Carbon and Alloy Seamless Standard, Line and
Pressure Pipe From Japan and the Republic of South Africa, 65 FR 39360
(June 26, 2000). These deposit requirements continue to remain in
effect until further notice.
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries, in accordance with 19 CFR 351.212. The Department intends to
issue appraisement instructions directly to CBP 15 days after the date
of publication of the final results of this review.
As noted above, the Department clarified its ``automatic
assessment'' regulation on May 6, 2003. See Assessment Policy Notice.
This clarification will apply to POR entries by all respondent
companies if we continue to make a final determination of no shipments
because they certified that they made no POR shipments of subject
merchandise for which they had knowledge of U.S. destination. We will
instruct CBP to liquidate these entries at the all-others rate
established in the less-than-fair-value investigation, 68.88 per cent,
if there is no rate for the intermediary involved in the transaction.
See Assessment Policy Notice for a full discussion of this
clarification.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results of administrative review and notice are
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221.
Dated: February 24, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-5261 Filed 3-2-12; 8:45 am]
BILLING CODE 3510-DS-P
