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