Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Over 41/2, 27428-27430 [2012-11333]

Download as PDF 27428 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices accordance with 19 CFR 351.309(d). If a hearing is held, an interested party may make an affirmative presentation only on arguments included in that party’s case brief and may make a rebuttal presentation only on arguments included in that party’s rebuttal brief in accordance with 19 CFR 351.310(c). Parties should confirm by telephone the time, date, and place of the hearing within 48 hours before the scheduled time. The Department will issue the final results of this review, which will include the results of its analysis of issues raised in the briefs, not later than 120 days after the date of publication of this notice in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). 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 these review periods. 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 are issued and this notice is published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 2, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. 2012–11220 Filed 5–9–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–954] Certain Magnesia Carbon Bricks From the People’s Republic of China: Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 10, 2012. FOR FURTHER INFORMATION CONTACT: Tim Lord, Office 9, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:18 May 09, 2012 Jkt 226001 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–7425. Background On September 2, 2011, the Department of Commerce (‘‘Department’’) published a notice of opportunity to request an administrative review on the antidumping order on certain magnesia carbon bricks from the People’s Republic of China (‘‘PRC’’) for the period of review March 12, 2010, through August 31, 2011.1 Based upon requests for review from various parties, on October 31, 2011, the Department initiated an antidumping duty administrative review on certain magnesia carbon bricks from the PRC, covering 129 companies.2 The preliminary results are currently due June 1, 2012. Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘Act’’), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary determination to a maximum of 365 days after the last day of the anniversary month. Extension of Time Limit for Preliminary Results of Review We determine that it is not practicable to complete the preliminary results of this review within the current time limits. The Department requires additional time to analyze questionnaire (including supplemental questionnaire) responses and surrogate country and value data. This additional time also takes into account analysis of data related to the dumping margin calculation for the reviewed respondents, and the consideration of any issues that may be raised by parties during the course of this proceeding. Therefore, the Department is hereby extending the time limit for completion of the preliminary results by 120 days. The preliminary results will now be due no later than September 29, 2012. As 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 76 FR 54735 (September 2, 2011). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 76 FR 67133 (October 31, 2011). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 that day falls on a Saturday, the preliminary results are due no later than October 1, 2012.3 The final results continue to be due 120 days after the publication of the preliminary results. This notice is published in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: May 2, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–11346 Filed 5–9–12; 8:45 am] BILLING CODE 3510–DS–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: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 5, 2012, the Department of Commerce (‘‘Department’’) published its preliminary results of the administrative review of the antidumping duty order on certain large diameter carbon and alloy seamless standard, line, and pressure pipe (over 41⁄2 inches) from Japan. The review covers four manufacturers/exporters: JFE Steel Corporation (‘‘JFE’’); Nippon Steel Corporation (‘‘Nippon’’); NKK Tubes (‘‘NKK’’); and Sumitomo Metal Industries, Ltd. (‘‘SMI’’). The period of review (‘‘POR’’) is June 1, 2010, through May 31, 2011. No parties commented on the preliminary results; thus, the final results do not differ from the preliminary results. We will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. DATES: Effective Date: May 10, 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) 482–1779. SUPPLEMENTARY INFORMATION: AGENCY: 3 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant of the Tariff Act of 1930, as Amended, 70 FR 24533 (May 10, 2005). E:\FR\FM\10MYN1.SGM 10MYN1 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices Background On March 5, 2012, the Department published the preliminary results of the 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 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, 77 FR 13079 (March 5, 2012) (‘‘Preliminary Results’’). We invited interested parties to comment on our Preliminary Results. We received no comments. mstockstill on DSK4VPTVN1PROD with NOTICES 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 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, VerDate Mar<15>2010 17:18 May 09, 2012 Jkt 226001 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 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 27429 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 E:\FR\FM\10MYN1.SGM 10MYN1 27430 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 CBP to require end-use certification until such time as the 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. Final Determination of No Shipments As we stated in the Preliminary Results, our prior practice concerning no-shipment respondents had been to rescind the administrative review if the respondent certified that it had no shipments and we confirmed through our examination of CBP data that there were no shipments of subject merchandise during the POR. See 19 VerDate Mar<15>2010 17:18 May 09, 2012 Jkt 226001 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 instructed CBP to liquidate any entries from the no-shipment company at the cash deposit rate in effect on the date of entry. 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’’). As we stated in the Preliminary Results, because ‘‘as entered’’ liquidation instructions do not alleviate the concerns which the May 6, 2003, clarification was intended to address, we find it appropriate in this case to instruct CBP to liquidate any existing entries of merchandise produced by Nippon, JFE, SMI, or NKK, and exported by other parties at the all-others rate. See Preliminary Results, 77 FR at 13081. In addition, we continue to find it is more consistent with the May 6, 2003, clarification not to rescind the review in these circumstances but, rather, to complete the review with respect to Nippon, JFE, SMI, and NKK, and issue appropriate instructions to CBP based on the final results of the review. See the ‘‘Assessment Rates’’ section of this notice below. Assessment Rates Frm 00015 Fmt 4703 This notice serves as a final 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. These final results of administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: May 3, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. 2012–11333 Filed 5–9–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of 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 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-fairvalue investigation (68.88 percent) if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. PO 00000 Notification to Importers Sfmt 4703 [A–570–894] Certain Tissue Paper Products From the People’s Republic of China: Notice of Initiation of Anticircumvention Inquiry Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Seaman Paper Company of Massachusetts, Inc. (the petitioner), the Department of Commerce (the Department) is initiating an anticircumvention inquiry to determine whether certain imports of tissue paper products from India are circumventing the antidumping duty order on certain tissue paper products (tissue paper) AGENCY: E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27428-27430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11333]


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

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: Final Results of 
Antidumping Duty Administrative Review

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

SUMMARY: On March 5, 2012, the Department of Commerce (``Department'') 
published its preliminary results of the administrative review of the 
antidumping duty order on certain large diameter carbon and alloy 
seamless standard, line, and pressure pipe (over 4\1/2\ inches) from 
Japan. The review covers four manufacturers/exporters: JFE Steel 
Corporation (``JFE''); Nippon Steel Corporation (``Nippon''); NKK Tubes 
(``NKK''); and Sumitomo Metal Industries, Ltd. (``SMI''). The period of 
review (``POR'') is June 1, 2010, through May 31, 2011. No parties 
commented on the preliminary results; thus, the final results do not 
differ from the preliminary results. We will instruct U.S. Customs and 
Border Protection (``CBP'') to assess antidumping duties on all 
appropriate entries.

DATES: Effective Date: May 10, 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) 482-1779.

SUPPLEMENTARY INFORMATION:

[[Page 27429]]

Background

    On March 5, 2012, the Department published the preliminary results 
of the 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 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, 77 FR 13079 (March 5, 
2012) (``Preliminary Results''). We invited interested parties to 
comment on our Preliminary Results. We received no comments.

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 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

[[Page 27430]]

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 CBP to require end-use certification until such time 
as the 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.

Final Determination of No Shipments

    As we stated in the Preliminary Results, our prior practice 
concerning no-shipment respondents had been to rescind the 
administrative review if the respondent certified that it had no 
shipments and we 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 instructed CBP to liquidate any entries 
from the no-shipment company at the cash deposit rate in effect on the 
date of entry.
    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'').
    As we stated in the Preliminary Results, because ``as entered'' 
liquidation instructions do not alleviate the concerns which the May 6, 
2003, clarification was intended to address, we find it appropriate in 
this case to instruct CBP to liquidate any existing entries of 
merchandise produced by Nippon, JFE, SMI, or NKK, and exported by other 
parties at the all-others rate. See Preliminary Results, 77 FR at 
13081. In addition, we continue to find it is more consistent with the 
May 6, 2003, clarification not to rescind the review in these 
circumstances but, rather, to complete the review with respect to 
Nippon, JFE, SMI, and NKK, and issue appropriate instructions to CBP 
based on the final results of the review. See the ``Assessment Rates'' 
section of this notice below.

Assessment Rates

    The Department intends to issue assessment instructions to CBP 15 
days after the date of publication of these final results of 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 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 percent) 
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 serves as a final 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    These final results of administrative review and notice are issued 
and published in accordance with sections 751(a)(1) and 777(i)(1) of 
the Tariff Act of 1930, as amended.

    Dated: May 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-11333 Filed 5-9-12; 8:45 am]
BILLING CODE 3510-DS-P