Circular Welded Carbon-Quality Steel Pipe From India: Final Determination of Sales at Less Than Fair Value, 64478-64480 [2012-25959]
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64478
Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
antidumping duty order directing CBP
to assess antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Order
This notice also serves as a final
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. Timely
notification of the 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.
This determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act.
Dated: October 15, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
List of Issues in the Issues and Decision
Memorandum
Universal
Comment 1: Reclassification of Sales From
Home Market to Third Country
Comment 2: Level of Trade
Comment 3: Early Payment Discounts
Comment 4: Post-Sale Price Adjustments to
U.S. Price
Comment 5: U.S. Indirect Selling Expense
Ratio
Comment 6: Various Issues Noted in the
Home Market and U.S. Sales Verification
Reports
Comment 7: UTP–JA’s Other Material Costs
Comment 8: UTP–JA’s General and
Administrative Expense Ratio Calculation
Comment 9: KHK’s Un-Reconciled COM
Difference
Comment 10: KHK’s General and
Administrative Expense Ratio Calculation
Comment 11: Universal’s Financial Expense
Ratio Calculation
Comment 12: Targeted Dumping/Zeroing
ADPICO
Comment 13: Application of Total Adverse
Facts Available
wreier-aviles on DSK5TPTVN1PROD with
[FR Doc. 2012–25972 Filed 10–19–12; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Mar<15>2010
15:00 Oct 19, 2012
Jkt 229001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–852]
Circular Welded Carbon-Quality Steel
Pipe From India: Final Determination of
Sales at Less Than Fair Value
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 22, 2012.
SUMMARY: On June 1, 2012, the
Department of Commerce (the
Department) published the Preliminary
Determination of sales at less than fair
value (LTFV) in the antidumping
investigation of circular welded carbonquality steel pipe from India.1 The
period of investigation (POI) is October
1, 2010, through September 30, 2011.
No comments were received from
interested parties, and we have made no
changes to our Preliminary
Determination. The Department
continues to find that circular welded
carbon-quality steel pipe from India is
being, or is likely to be, sold in the
United States at LTFV, as provided in
section 735 of the Tariff Act of 1930, as
amended (the Act). The estimated
margin of sales at LTFV is shown in the
‘‘Final Determination Margin’’ section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC, 20230;
telephone: (202) 482–1131 or 482–0649,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The only respondent in this
investigation is Zenith Birla (India)
Limited (previously known as Zenith
Steel Pipes and Industries Ltd.)
(Zenith).2 In response to a request by
Zenith, the Department postponed the
final determination until no later than
1 See Circular Welded Carbon-Quality Steel Pipe
From India: Preliminary Determination of Sales at
Less Than Fair Value, 77 FR 32562 (June 1, 2012)
(‘‘Preliminary Determination’’).
2 We noted in the Preliminary Determination that
this investigation covers merchandise manufactured
and/or exported by Zenith Steel Pipes and
Industries Ltd., which was excluded from an
existing antidumping duty order covering welded
steel pipe and tube from India. We also noted
nothing on the record of this investigation that
contradicts our conclusion in the initiation of this
investigation that Zenith Birla (India) Limited is the
current name for the company formerly known as
Zenith Steel Pipes and Industries, Ltd. See
Preliminary Determination, 77 FR at 32562–63.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
135 days after the publication of the
Preliminary Determination in the
Federal Register, or October 14, 2012.3
No interested parties submitted a case
brief. The Department is not making any
changes to the Preliminary
Determination.
Scope of the Investigation
At the time of the filing of the petition
for this case, there was an existing
antidumping duty order on welded steel
pipe and tube from India. See
Antidumping Duty Order; Certain
Welded Carbon Steel Standard Pipes
and Tubes From India, 51 FR 17384
(May 12, 1986). Therefore, the scope of
this investigation covers merchandise
manufactured and/or exported by
Zenith Steel Pipes and Industries Ltd.,
and any successors-in-interest to that
company, which is the only company
excluded from the 1986 order known to
exist.
This investigation covers welded
carbon-quality steel pipes and tube, of
circular cross-section, with an outside
diameter (‘‘O.D.’’) not more than 16
inches (406.4 mm), regardless of wall
thickness, surface finish (e.g., black,
galvanized, or painted), end finish
(plain end, beveled end, grooved,
threaded, or threaded and coupled), or
industry specification (e.g., American
Society for Testing and Materials
International (‘‘ASTM’’), proprietary, or
other) generally known as standard
pipe, fence pipe and tube, sprinkler
pipe, and structural pipe (although
subject product may also be referred to
as mechanical tubing). Specifically, the
term ‘‘carbon quality’’ includes products
in which: (a) Iron predominates, by
weight, over each of the other contained
elements; (b) the carbon content is 2
percent or less, by weight; and (c) none
of the elements listed below exceeds the
quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
3 See Circular Welded Carbon-Quality Steel Pipe
From India: Postponement of Final Determination
of Antidumping Duty Investigation, 77 FR 36257
(June 18, 2012). As October 14, 2012, is a Sunday,
the signature day became the next business day,
October 15, 2012, in accordance with our practice.
See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, as Amended, 70 FR at 24533 (May 10,
2005).
E:\FR\FM\22OCN1.SGM
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Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium;
(xiv) 0.15 percent of zirconium.
wreier-aviles on DSK5TPTVN1PROD with
Subject pipe is ordinarily made to
ASTM specifications A53, A135, and
A795, but can also be made to other
specifications. Structural pipe is made
primarily to ASTM specifications A252
and A500. Standard and structural pipe
may also be produced to proprietary
specifications rather than to industry
specifications. Fence tubing is included
in the scope regardless of certification to
a specification listed in the exclusions
below, and can also be made to the
ASTM A513 specification. Sprinkler
pipe is designed for sprinkler fire
suppression systems and may be made
to industry specifications such as ASTM
A53 or to proprietary specifications.
These products are generally made to
standard O.D. and wall thickness
combinations. Pipe multi-stenciled to a
standard and/or structural specification
and to other specifications, such as
American Petroleum Institute (‘‘API’’)
API–5L specification, is also covered by
the scope of this investigation when it
meets the physical description set forth
above, and also has one or more of the
following characteristics: Is 32 feet in
length or less; is less than 2.0 inches
(50mm) in outside diameter; has a
galvanized and/or painted (e.g.,
polyester coated) surface finish; or has
a threaded and/or coupled end finish.
The scope of this investigation does
not include: (a) Pipe suitable for use in
boilers, superheaters, heat exchangers,
refining furnaces and feedwater heaters,
whether or not cold drawn; (b) finished
electrical conduit; (c) finished
scaffolding; 4 (d) tube and pipe hollows
for redrawing; (e) oil country tubular
goods produced to API specifications; (f)
line pipe produced to only API
specifications; and (g) mechanical
tubing, whether or not cold-drawn.
However, products certified to ASTM
mechanical tubing specifications are not
excluded as mechanical tubing if they
otherwise meet the standard sizes (e.g.,
outside diameter and wall thickness) of
standard, structural, fence and sprinkler
pipe. Also, products made to the
following outside diameter and wall
thickness combinations, which are
recognized by the industry as typical for
fence tubing, would not be excluded
from the scope based solely on their
4 Finished scaffolding is defined as component
parts of a final, finished scaffolding that enters the
United States unassembled as a ‘‘kit.’’ A ‘‘kit’’ is
understood to mean a packaged combination of
component parts that contain, at the time of
importation, all the necessary component parts to
fully assemble a final, finished scaffolding.
VerDate Mar<15>2010
15:00 Oct 19, 2012
Jkt 229001
being certified to ASTM mechanical
tubing specifications:
1.315 inch O.D. and 0.035 inch wall
thickness (gage 20)
1.315 inch O.D. and 0.047 inch wall
thickness (gage 18)
1.315 inch O.D. and 0.055 inch wall
thickness (gage 17)
1.315 inch O.D. and 0.065 inch wall
thickness (gage 16)
1.315 inch O.D. and 0.072 inch wall
thickness (gage 15)
1.315 inch O.D. and 0.083 inch wall
thickness (gage 14)
1.315 inch O.D. and 0.095 inch wall
thickness (gage 13)
1.660 inch O.D. and 0.047 inch wall
thickness (gage 18)
1.660 inch O.D. and 0.055 inch wall
thickness (gage 17)
1.660 inch O.D. and 0.065 inch wall
thickness (gage 16)
1.660 inch O.D. and 0.072 inch wall
thickness (gage 15)
1.660 inch O.D. and 0.083 inch wall
thickness (gage 14)
1.660 inch O.D. and 0.095 inch wall
thickness (gage 13)
1.660 inch O.D. and 0.109 inch wall
thickness (gage 12)
1.900 inch O.D. and 0.047 inch wall
thickness (gage 18)
1.900 inch O.D. and 0.055 inch wall
thickness (gage 17)
1.900 inch O.D. and 0.065 inch wall
thickness (gage 16)
1.900 inch O.D. and 0.072 inch wall
thickness (gage 15)
1.900 inch O.D. and 0.095 inch wall
thickness (gage 13)
1.900 inch O.D. and 0.109 inch wall
thickness (gage 12)
2.375 inch O.D. and 0.047 inch wall
thickness (gage 18)
2.375 inch O.D. and 0.055 inch wall
thickness (gage 17)
2.375 inch O.D. and 0.065 inch wall
thickness (gage 16)
2.375 inch O.D. and 0.072 inch wall
thickness (gage 15)
2.375 inch O.D. and 0.095 inch wall
thickness (gage 13)
2.375 inch O.D. and 0.109 inch wall
thickness (gage 12)
2.375 inch O.D. and 0.120 inch wall
thickness (gage 11)
2.875 inch O.D. and 0.109 inch wall
thickness (gage 12)
2.875 inch O.D. and 0.134 inch wall
thickness (gage 10)
2.875 inch O.D. and 0.165 inch wall
thickness (gage 8)
3.500 inch O.D. and 0.109 inch wall
thickness (gage 12)
3.500 inch O.D. and 0.148 inch wall
thickness (gage 9)
3.500 inch O.D. and 0.165 inch wall
thickness (gage 8)
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4.000 inch O.D. and 0.148 inch wall
thickness (gage 9)
4.000 inch O.D. and 0.165 inch wall
thickness (gage 8)
4.500 inch O.D. and 0.203 inch wall
thickness (gage 7)
The pipe subject to this investigation
is currently classifiable in Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) statistical reporting numbers
7306.19.1010, 7306.19.1050,
7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085,
7306.30.5090, 7306.50.1000,
7306.50.5050, and 7306.50.5070.
However, the product description, and
not the HTSUS classification, is
dispositive of whether the merchandise
imported into the United States falls
within the scope of the investigation.
Adverse Facts Available
For the final determination, we fully
incorporate the analysis of Zenith’s
failure to cooperate as discussed in the
Preliminary Determination and continue
to find that the application of adverse
facts available is warranted.5 No party
commented on the Preliminary
Determination, and our analysis remains
unchanged. The Department
corroborated the margin applied to
Zenith in the Preliminary
Determination.6
Final Determination Margin
We determine that the below
percentage margin exists for the
following entity for the POI:
Manufacturer/exporter
Zenith Birla (India) Limited (previously known as Zenith Steel
Pipes and Industries Ltd.) .......
Weightedaverage
margin
(percent)
48.43
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(b) of the Act, we will direct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all entries of certain steel
pipe from India manufactured and/or
exported by Zenith that are entered, or
withdrawn from warehouse, for
consumption on or after June 1, 2012,
the date of publication of the
5 See Preliminary Determination, 77 FR at 32564–
66 (discussing Zenith’s persistent pattern of noncooperation and the consequent application of
adverse facts available).
6 See Preliminary Determination, 77 FR at 32565–
66.
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Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
Preliminary Notice. We will instruct
CBP to require a cash deposit or the
posting of a bond equal to the weightedaverage margin, as indicated below, as
follows: (1) The rate for Zenith will be
the rate we have determined in this final
determination, adjusted for the export
subsidy portion of the Zenith’s final
margin in the companion countervailing
duty (CVD) investigation of circular
welded carbon-quality steel pipe from
India;7 (2) if the exporter is not a firm
identified in this investigation but the
manufacturer is Zenith, the rate will be
the rate established for Zenith. These
suspension-of-liquidation instructions
will remain in effect until further notice.
Note that no ‘‘all others’’ deposit rate is
required, because Zenith is the only
manufacturer covered by the
investigation.
Notification Regarding APO
This notice also serves as a reminder
to the 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. Timely
notification of return or 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.
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i)(1) of the
Act.
Dated: October 15, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–25959 Filed 10–19–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–801]
Notice of Final Determination of Sales
at Less Than Fair Value: Circular
Welded Carbon-Quality Steel Pipe
From the Sultanate of Oman
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has determined that
imports of circular welded carbonquality steel pipe (circular welded pipe)
wreier-aviles on DSK5TPTVN1PROD with
AGENCY:
7 See the companion CVD investigation of circular
welded carbon-quality steel pipe from India dated
concurrently with this notice.
VerDate Mar<15>2010
15:00 Oct 19, 2012
Jkt 229001
from the Sultanate of Oman (Oman) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV), as provided in section 735 of
the Tariff Act of 1930, as amended (the
Act). The final dumping margins for this
investigation are listed in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective Date: October 22, 2012
FOR FURTHER INFORMATION CONTACT: John
Drury or Ericka Ukrow, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0195 or (202) 482–
0405, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2012, the Department
published in the Federal Register its
preliminary determination in the
antidumping duty investigation of
circular welded pipe from Oman.1
In the Preliminary Determination, the
Department stated that ‘‘{W}e will
further examine whether there is other
information that denotes a more
appropriate date of sale as it is unclear
from the record whether the material
terms of these sales were set prior to the
POI’’ and that ‘‘{W}e intend to issue a
supplemental questionnaire to Al
Jazeera’’ to solicit more information in
order to determine the appropriate date
of sale.2 On June 6, 2012, the
Department issued Al Jazeera Steel
Products Co. SAOG (Al Jazeera), the
mandatory respondent in this
investigation, a third supplemental
questionnaire.3 On June 14, 2012, Al
Jazeera submitted its response to the
third supplemental questionnaire.4
As provided in section 782(i) of the
Act, we conducted sales and cost
verifications between June 18 and 28,
2012 of the questionnaire responses
submitted by Al Jazeera. We used
standard verification procedures,
including examination of relevant
accounting and production records, as
well as original source documents
provided by the company.5
1 See Circular Welded Carbon-Quality Steel Pipe
From the Sultanate of Oman: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 77 FR 32531
(June 1, 2012) (Preliminary Determination).
2 See Preliminary Determination at 32535.
3 See Letter from Angelica L. Mendoza, Program
Manager, Office 7, to Al Jazeera Steel Products Co.
SAOG, dated June 6, 2012.
4 See Al Jazeera’s Third Supplemental
Questionnaire Response, dated June 14, 2012.
5 See Memoranda to the File entitled
‘‘Verification of the Sales Response of Al Jazeera
Steel Products Co. SAOG in the Antidumping Duty
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
On July 2, 2012, Allied Tube and
Conduit and the JMC Steel Group
(collectively, Petitioners) requested a
hearing pursuant to 19 CFR 351.310(c).6
As provided in section 782(i) of the
Act, we conducted sales and cost
verifications of the questionnaire
responses submitted by Al Jazeera. We
used standard verification procedures,
including examination of relevant
accounting and production records, as
well as original source documents
provided by the company. Based on the
Department’s findings at verification, as
well as the minor corrections presented
by Al Jazeera at the start of verification,
on August 17, 2012, the Department
requested that Al Jazeera submit revised
sales databases.7 On August 22, 2012, Al
Jazeera timely submitted their revised
sales databases.8
We received case briefs from
Petitioners and Al Jazeera on August 29,
2012.9 On September 4, 2012, Al Jazeera
and Petitioners timely submitted
rebuttal comments.10
Petitioners, pursuant to 19 CFR
351.310(c), withdrew its request for a
hearing on September 13, 2012.11
Period of Investigation
The period of investigation is October
1, 2010, to September 30, 2011.
Scope of the Investigation
This investigation covers welded
carbon-quality steel pipes and tube, of
circular cross-section, with an outside
diameter (O.D.) not more than 16 inches
(406.4 mm), regardless of wall
thickness, surface finish (e.g., black,
galvanized, or painted), end finish
(plain end, beveled end, grooved,
threaded, or threaded and coupled), or
industry specification (e.g., American
Society for Testing and Materials
International (ASTM), proprietary, or
Investigation of Circular Welded Carbon-Quality
Steel Pipe From the Sultanate of Oman,’’ dated
August 14, 2012; ‘‘Verification of the Cost Response
of Al Jazeera Steel Products Co. SAOG in the
Antidumping Investigation of Circular Welded
Carbon-Quality Steel Pipe From the Sultanate of
Oman,’’ dated August 21, 2012.
6 See Letter from Allied Tube and Conduit and
JMC Steel (Petitioners) to the Secretary of
Commerce, dated July 2, 2012.
7 See Letter from Angelica L. Mendoza, Program
Manager, Office 7, to Al Jazeera Steel Products Co.
SAOG, dated August 17, 2012.
8 See Al Jazeera’s Fourth Supplemental
Questionnaire Response, dated August 22, 2012.
9 See Letter to the Secretary of Commerce from
Petitioners, dated August 29, 2012, and Letter to the
Secretary of Commerce from Al Jazeera, dated
August 29, 2012.
10 See Letter to the Secretary of Commerce from
Petitioners, dated September 4, 2012, and Letter to
the Secretary of Commerce from Al Jazeera, dated
September 4, 2012.
11 See Letter to the Secretary of Commerce from
Petitioners, dated September 13, 2012.
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[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Notices]
[Pages 64478-64480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25959]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-852]
Circular Welded Carbon-Quality Steel Pipe From India: Final
Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 22, 2012.
SUMMARY: On June 1, 2012, the Department of Commerce (the Department)
published the Preliminary Determination of sales at less than fair
value (LTFV) in the antidumping investigation of circular welded
carbon-quality steel pipe from India.\1\ The period of investigation
(POI) is October 1, 2010, through September 30, 2011. No comments were
received from interested parties, and we have made no changes to our
Preliminary Determination. The Department continues to find that
circular welded carbon-quality steel pipe from India is being, or is
likely to be, sold in the United States at LTFV, as provided in section
735 of the Tariff Act of 1930, as amended (the Act). The estimated
margin of sales at LTFV is shown in the ``Final Determination Margin''
section of this notice.
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon-Quality Steel Pipe From India:
Preliminary Determination of Sales at Less Than Fair Value, 77 FR
32562 (June 1, 2012) (``Preliminary Determination'').
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC, 20230; telephone: (202) 482-
---------------------------------------------------------------------------
1131 or 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
The only respondent in this investigation is Zenith Birla (India)
Limited (previously known as Zenith Steel Pipes and Industries Ltd.)
(Zenith).\2\ In response to a request by Zenith, the Department
postponed the final determination until no later than 135 days after
the publication of the Preliminary Determination in the Federal
Register, or October 14, 2012.\3\ No interested parties submitted a
case brief. The Department is not making any changes to the Preliminary
Determination.
---------------------------------------------------------------------------
\2\ We noted in the Preliminary Determination that this
investigation covers merchandise manufactured and/or exported by
Zenith Steel Pipes and Industries Ltd., which was excluded from an
existing antidumping duty order covering welded steel pipe and tube
from India. We also noted nothing on the record of this
investigation that contradicts our conclusion in the initiation of
this investigation that Zenith Birla (India) Limited is the current
name for the company formerly known as Zenith Steel Pipes and
Industries, Ltd. See Preliminary Determination, 77 FR at 32562-63.
\3\ See Circular Welded Carbon-Quality Steel Pipe From India:
Postponement of Final Determination of Antidumping Duty
Investigation, 77 FR 36257 (June 18, 2012). As October 14, 2012, is
a Sunday, the signature day became the next business day, October
15, 2012, in accordance with our practice. See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, as Amended, 70 FR at 24533 (May 10, 2005).
---------------------------------------------------------------------------
Scope of the Investigation
At the time of the filing of the petition for this case, there was
an existing antidumping duty order on welded steel pipe and tube from
India. See Antidumping Duty Order; Certain Welded Carbon Steel Standard
Pipes and Tubes From India, 51 FR 17384 (May 12, 1986). Therefore, the
scope of this investigation covers merchandise manufactured and/or
exported by Zenith Steel Pipes and Industries Ltd., and any successors-
in-interest to that company, which is the only company excluded from
the 1986 order known to exist.
This investigation covers welded carbon-quality steel pipes and
tube, of circular cross-section, with an outside diameter (``O.D.'')
not more than 16 inches (406.4 mm), regardless of wall thickness,
surface finish (e.g., black, galvanized, or painted), end finish (plain
end, beveled end, grooved, threaded, or threaded and coupled), or
industry specification (e.g., American Society for Testing and
Materials International (``ASTM''), proprietary, or other) generally
known as standard pipe, fence pipe and tube, sprinkler pipe, and
structural pipe (although subject product may also be referred to as
mechanical tubing). Specifically, the term ``carbon quality'' includes
products in which: (a) Iron predominates, by weight, over each of the
other contained elements; (b) the carbon content is 2 percent or less,
by weight; and (c) none of the elements listed below exceeds the
quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
[[Page 64479]]
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium;
(xiv) 0.15 percent of zirconium.
Subject pipe is ordinarily made to ASTM specifications A53, A135,
and A795, but can also be made to other specifications. Structural pipe
is made primarily to ASTM specifications A252 and A500. Standard and
structural pipe may also be produced to proprietary specifications
rather than to industry specifications. Fence tubing is included in the
scope regardless of certification to a specification listed in the
exclusions below, and can also be made to the ASTM A513 specification.
Sprinkler pipe is designed for sprinkler fire suppression systems and
may be made to industry specifications such as ASTM A53 or to
proprietary specifications. These products are generally made to
standard O.D. and wall thickness combinations. Pipe multi-stenciled to
a standard and/or structural specification and to other specifications,
such as American Petroleum Institute (``API'') API-5L specification, is
also covered by the scope of this investigation when it meets the
physical description set forth above, and also has one or more of the
following characteristics: Is 32 feet in length or less; is less than
2.0 inches (50mm) in outside diameter; has a galvanized and/or painted
(e.g., polyester coated) surface finish; or has a threaded and/or
coupled end finish.
The scope of this investigation does not include: (a) Pipe suitable
for use in boilers, superheaters, heat exchangers, refining furnaces
and feedwater heaters, whether or not cold drawn; (b) finished
electrical conduit; (c) finished scaffolding; \4\ (d) tube and pipe
hollows for redrawing; (e) oil country tubular goods produced to API
specifications; (f) line pipe produced to only API specifications; and
(g) mechanical tubing, whether or not cold-drawn. However, products
certified to ASTM mechanical tubing specifications are not excluded as
mechanical tubing if they otherwise meet the standard sizes (e.g.,
outside diameter and wall thickness) of standard, structural, fence and
sprinkler pipe. Also, products made to the following outside diameter
and wall thickness combinations, which are recognized by the industry
as typical for fence tubing, would not be excluded from the scope based
solely on their being certified to ASTM mechanical tubing
specifications:
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\4\ Finished scaffolding is defined as component parts of a
final, finished scaffolding that enters the United States
unassembled as a ``kit.'' A ``kit'' is understood to mean a packaged
combination of component parts that contain, at the time of
importation, all the necessary component parts to fully assemble a
final, finished scaffolding.
1.315 inch O.D. and 0.035 inch wall thickness (gage 20)
1.315 inch O.D. and 0.047 inch wall thickness (gage 18)
1.315 inch O.D. and 0.055 inch wall thickness (gage 17)
1.315 inch O.D. and 0.065 inch wall thickness (gage 16)
1.315 inch O.D. and 0.072 inch wall thickness (gage 15)
1.315 inch O.D. and 0.083 inch wall thickness (gage 14)
1.315 inch O.D. and 0.095 inch wall thickness (gage 13)
1.660 inch O.D. and 0.047 inch wall thickness (gage 18)
1.660 inch O.D. and 0.055 inch wall thickness (gage 17)
1.660 inch O.D. and 0.065 inch wall thickness (gage 16)
1.660 inch O.D. and 0.072 inch wall thickness (gage 15)
1.660 inch O.D. and 0.083 inch wall thickness (gage 14)
1.660 inch O.D. and 0.095 inch wall thickness (gage 13)
1.660 inch O.D. and 0.109 inch wall thickness (gage 12)
1.900 inch O.D. and 0.047 inch wall thickness (gage 18)
1.900 inch O.D. and 0.055 inch wall thickness (gage 17)
1.900 inch O.D. and 0.065 inch wall thickness (gage 16)
1.900 inch O.D. and 0.072 inch wall thickness (gage 15)
1.900 inch O.D. and 0.095 inch wall thickness (gage 13)
1.900 inch O.D. and 0.109 inch wall thickness (gage 12)
2.375 inch O.D. and 0.047 inch wall thickness (gage 18)
2.375 inch O.D. and 0.055 inch wall thickness (gage 17)
2.375 inch O.D. and 0.065 inch wall thickness (gage 16)
2.375 inch O.D. and 0.072 inch wall thickness (gage 15)
2.375 inch O.D. and 0.095 inch wall thickness (gage 13)
2.375 inch O.D. and 0.109 inch wall thickness (gage 12)
2.375 inch O.D. and 0.120 inch wall thickness (gage 11)
2.875 inch O.D. and 0.109 inch wall thickness (gage 12)
2.875 inch O.D. and 0.134 inch wall thickness (gage 10)
2.875 inch O.D. and 0.165 inch wall thickness (gage 8)
3.500 inch O.D. and 0.109 inch wall thickness (gage 12)
3.500 inch O.D. and 0.148 inch wall thickness (gage 9)
3.500 inch O.D. and 0.165 inch wall thickness (gage 8)
4.000 inch O.D. and 0.148 inch wall thickness (gage 9)
4.000 inch O.D. and 0.165 inch wall thickness (gage 8)
4.500 inch O.D. and 0.203 inch wall thickness (gage 7)
The pipe subject to this investigation is currently classifiable in
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical
reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110,
7306.19.5150, 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000, 7306.50.5050,
and 7306.50.5070. However, the product description, and not the HTSUS
classification, is dispositive of whether the merchandise imported into
the United States falls within the scope of the investigation.
Adverse Facts Available
For the final determination, we fully incorporate the analysis of
Zenith's failure to cooperate as discussed in the Preliminary
Determination and continue to find that the application of adverse
facts available is warranted.\5\ No party commented on the Preliminary
Determination, and our analysis remains unchanged. The Department
corroborated the margin applied to Zenith in the Preliminary
Determination.\6\
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\5\ See Preliminary Determination, 77 FR at 32564-66 (discussing
Zenith's persistent pattern of non-cooperation and the consequent
application of adverse facts available).
\6\ See Preliminary Determination, 77 FR at 32565-66.
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Final Determination Margin
We determine that the below percentage margin exists for the
following entity for the POI:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Zenith Birla (India) Limited (previously known as Zenith 48.43
Steel Pipes and Industries Ltd.)..........................
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(b) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to continue to suspend
liquidation of all entries of certain steel pipe from India
manufactured and/or exported by Zenith that are entered, or withdrawn
from warehouse, for consumption on or after June 1, 2012, the date of
publication of the
[[Page 64480]]
Preliminary Notice. We will instruct CBP to require a cash deposit or
the posting of a bond equal to the weighted-average margin, as
indicated below, as follows: (1) The rate for Zenith will be the rate
we have determined in this final determination, adjusted for the export
subsidy portion of the Zenith's final margin in the companion
countervailing duty (CVD) investigation of circular welded carbon-
quality steel pipe from India;\7\ (2) if the exporter is not a firm
identified in this investigation but the manufacturer is Zenith, the
rate will be the rate established for Zenith. These suspension-of-
liquidation instructions will remain in effect until further notice.
Note that no ``all others'' deposit rate is required, because Zenith is
the only manufacturer covered by the investigation.
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\7\ See the companion CVD investigation of circular welded
carbon-quality steel pipe from India dated concurrently with this
notice.
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Notification Regarding APO
This notice also serves as a reminder to the 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. Timely notification of return or
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.
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i)(1) of the Act.
Dated: October 15, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-25959 Filed 10-19-12; 8:45 am]
BILLING CODE 3510-DS-P