Certain Small Diameter Seamless Carbon and Alloy Standard, Line and Pressure Pipe From Germany: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order, 57577-57578 [2017-26208]

Download as PDF Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices Dated: November 30, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix daltland on DSKBBV9HB2PROD with NOTICES List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Intent To Rescind the 2015 Administrative Review, in Part IV. Non-Selected Rate V. Scope of the Order VI. Subsidies Valuation Information VII. Analysis of Programs A. Programs Preliminarily Determined To Be Countervailable 1. Rediscount Program 2. Deductions From Taxable Income for Export Revenue B. Programs Preliminarily Determined To Not Confer Countervailable Benefits 1. Provision of Natural Gas for Less Than Adequate Remuneration (LTAR) 2. Inward Processing Regime 3. Assistance To Offset Costs Related to Antidumping/CVD Investigations 4. Investment Incentive Certificates C. Programs Preliminarily Determined To Not Be Countervailable 1. Payments From the Turkish Employers’ Association of Metal Industries (MESS)— Social Security Premium Support 2. Payments From MESS—Occupational Health and Safety Support D. Programs Preliminarily Determined To Not Be Used 1. Purchase of Electricity for More Than Adequate Remuneration (MTAR)—Sales via Build-Operate-Own, Build-OperateTransfer, and Transfer of Operating Rights Contracts 2. Purchase of Electricity Generated From Renewable Resources for MTAR 3. Provision of Lignite for LTAR 4. Reduction and Exemption of Licensing Fees for Renewable Resource Power Plants 5. Research and Development Grant Program 6. Export Credits, Loans, and Insurance From Turk Eximbank 7. Regional Investment Incentives 8. Large-Scale Investment Incentives 9. Strategic Investment Incentives 10. Incentives for Research & Development (R&D) Activities 11. Regional Development Subsidies VIII. Recommendation [FR Doc. 2017–26292 Filed 12–5–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–820] Certain Small Diameter Seamless Carbon and Alloy Standard, Line and Pressure Pipe From Germany: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (the Department) finds that revocation of the antidumping duty order on certain small diameter seamless carbon and alloy standard, line and pressure pipe (seamless pipe) from Germany would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable December 6, 2017. FOR FURTHER INFORMATION: John McGowan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3019. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 1, 2017, the Department published the notice of initiation of the fourth sunset review of the antidumping duty order on seamless pipe from Germany, pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).1 On August 16, 2017, the Department received a notice of intent to participate in this review from United States Steel Corporation (U.S. Steel) within the deadline specified in 19 CFR 351.218(d)(1)(i). U.S. Steel claimed interested party status under section 771(9)(C) of the Act, as a manufacturer of a domestic like product in the United States. On August 31, 2017, we received a complete substantive response for this review from U.S. Steel within the 30day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from any other interested parties, nor was a hearing requested. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the order. 1 See Initiation of Five-Year (Sunset) Reviews, 82 FR 35748 (August 1, 2017). VerDate Sep<11>2014 18:07 Dec 05, 2017 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 57577 Scope of the Order The scope of the order includes small diameter seamless carbon and alloy standard, line and pressure pipes (seamless pipes) produced to the ASTM A–335, ASTM A–106, ASTM A–53 and API 5L specifications and meeting the physical parameters described below, regardless of application. The scope of the order also includes all products used in standard, line, or pressure pipe applications and meeting the physical parameters below, regardless of specification. For purposes of the order, seamless pipes are seamless carbon and alloy (other than stainless) steel pipes, of circular cross-section, not more than 114.3 mm (4.5 inches) 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. These pipes are commonly known as standard pipe, line pipe or pressure pipe, depending upon the application. They may also be used in structural applications. Pipes produced in nonstandard wall thicknesses are commonly referred to as tubes. The seamless pipes subject to the order are currently classifiable under subheadings 7304.19.10.20, 7304.19.50.20, 7304.31.60.50, 7304.39.00.16, 7304.39.00.20, 7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.51.50.05, 7304.51.50.60, 7304.59.60.00, 7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and 7304.59.80.25 of the Harmonized Tariff Schedule of the United States (HTSUS). The following information further defines the scope of the order, which covers pipes meeting the physical parameters described above: Specifications, Characteristics, and Uses: Seamless pressure pipes are intended for the conveyance of water, steam, petrochemicals, chemicals, oil products, natural gas and other liquids and gasses in industrial piping systems. They may carry these substances at elevated pressures and temperatures and may be subject to the application of external heat. Seamless carbon steel pressure pipe meeting the American Society for Testing and Materials (ASTM) standard A–106 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 standard A–335 must be used if temperatures and stress levels exceed those allowed for A–106 and the ASME codes. Seamless pressure pipes sold in E:\FR\FM\06DEN1.SGM 06DEN1 daltland on DSKBBV9HB2PROD with NOTICES 57578 Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices 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. 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 pipes are commonly produced and certified to meet ASTM A–106, ASTM A–53 and API 5L specifications. Such triple certification of pipes is common because all pipes meeting the stringent A–106 specification necessarily meet the API 5L and ASTM A–53 specifications. Pipes meeting the API 5L specification necessarily meet the ASTM A–53 specification. However, pipes meeting the A–53 or API 5L specifications do not necessarily meet the A–106 specification. To avoid maintaining separate production runs and separate inventories, manufacturers triple certify the pipes. 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 certified pipes is in pressure piping systems by refineries, petrochemical plants and chemical plants. Other applications are in power generation plants (electricalfossil fuel or nuclear), and in some oil field uses (on shore and off shore) such as for separator lines, gathering lines and metering runs. A minor application of this product is for use as oil and gas distribution lines for commercial applications. These applications constitute the majority of the market for the subject seamless pipes. However, 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, and whether or not also certified to a non-covered specification. Standard, line and pressure applications and the above-listed specifications are defining characteristics of the scope of the order. VerDate Sep<11>2014 18:07 Dec 05, 2017 Jkt 244001 Therefore, seamless pipes meeting the physical description above, but not produced to the A–335, A–106, A–53, or API 5L standards shall be covered if used in a standard, line or pressure application. For example, there are certain other ASTM specifications of pipe which, because of overlapping characteristics, could potentially be used in A–106 applications. These specifications generally include A–162, A–192, A–210, A–333, and A–524. 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 order are boiler tubing and mechanical tubing, if such products are not produced to A– 335, A–106, A–53 or API 5L specifications and are not used in standard, line or pressure applications. In addition, finished and unfinished oil country tubular goods (‘‘OCTG’’) are excluded from the scope of the order, if covered by the scope of another antidumping duty order from the same country. If not covered by such an OCTG order, finished and unfinished OCTG are included in the scope when used in standard, line or pressure applications. Finally, also excluded from the order are redraw hollows for cold-drawing when used in the production of cold-drawn pipe or tube. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received All issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the order were revoked, are addressed in the accompanying Issues and Decision Memorandum dated concurrently with, and hereby adopted by, this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on seamless pipe from Germany would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average dumping margins up to 57.72 percent. Notification to Interested Parties This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: November 29, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margin Likely To Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2017–26208 Filed 12–5–17; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57577-57578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26208]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-820]


Certain Small Diameter Seamless Carbon and Alloy Standard, Line 
and Pressure Pipe From Germany: Final Results of the Expedited Fourth 
Sunset Review of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this sunset review, the Department of Commerce 
(the Department) finds that revocation of the antidumping duty order on 
certain small diameter seamless carbon and alloy standard, line and 
pressure pipe (seamless pipe) from Germany would be likely to lead to 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Applicable December 6, 2017.

FOR FURTHER INFORMATION: John McGowan, AD/CVD Operations, Office VI, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-3019.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2017, the Department published the notice of 
initiation of the fourth sunset review of the antidumping duty order on 
seamless pipe from Germany, pursuant to section 751(c)(2) of the Tariff 
Act of 1930, as amended (the Act).\1\ On August 16, 2017, the 
Department received a notice of intent to participate in this review 
from United States Steel Corporation (U.S. Steel) within the deadline 
specified in 19 CFR 351.218(d)(1)(i). U.S. Steel claimed interested 
party status under section 771(9)(C) of the Act, as a manufacturer of a 
domestic like product in the United States.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 35748 
(August 1, 2017).
---------------------------------------------------------------------------

    On August 31, 2017, we received a complete substantive response for 
this review from U.S. Steel within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i). We received no substantive responses from any 
other interested parties, nor was a hearing requested. As a result, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-
day) sunset review of the order.

Scope of the Order

    The scope of the order includes small diameter seamless carbon and 
alloy standard, line and pressure pipes (seamless pipes) produced to 
the ASTM A-335, ASTM A-106, ASTM A-53 and API 5L specifications and 
meeting the physical parameters described below, regardless of 
application. The scope of the order also includes all products used in 
standard, line, or pressure pipe applications and meeting the physical 
parameters below, regardless of specification.
    For purposes of the order, seamless pipes are seamless carbon and 
alloy (other than stainless) steel pipes, of circular cross-section, 
not more than 114.3 mm (4.5 inches) 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. These pipes are commonly known as standard 
pipe, line pipe or pressure pipe, depending upon the application. They 
may also be used in structural applications. Pipes produced in non-
standard wall thicknesses are commonly referred to as tubes.
    The seamless pipes subject to the order are currently classifiable 
under subheadings 7304.19.10.20, 7304.19.50.20, 7304.31.60.50, 
7304.39.00.16, 7304.39.00.20, 7304.39.00.24, 7304.39.00.28, 
7304.39.00.32, 7304.51.50.05, 7304.51.50.60, 7304.59.60.00, 
7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and 7304.59.80.25 of the 
Harmonized Tariff Schedule of the United States (HTSUS).
    The following information further defines the scope of the order, 
which covers pipes meeting the physical parameters described above:
    Specifications, Characteristics, and Uses: Seamless pressure pipes 
are intended for the conveyance of water, steam, petrochemicals, 
chemicals, oil products, natural gas and other liquids and gasses in 
industrial piping systems. They may carry these substances at elevated 
pressures and temperatures and may be subject to the application of 
external heat. Seamless carbon steel pressure pipe meeting the American 
Society for Testing and Materials (ASTM) standard A-106 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 standard A-335 must be used if temperatures and stress 
levels exceed those allowed for A-106 and the ASME codes. Seamless 
pressure pipes sold in

[[Page 57578]]

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.
    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 pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53 and API 5L specifications. Such triple certification of 
pipes is common because all pipes meeting the stringent A-106 
specification necessarily meet the API 5L and ASTM A-53 specifications. 
Pipes meeting the API 5L specification necessarily meet the ASTM A-53 
specification. However, pipes meeting the A-53 or API 5L specifications 
do not necessarily meet the A-106 specification. To avoid maintaining 
separate production runs and separate inventories, manufacturers triple 
certify the pipes. 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 
certified pipes is in pressure piping systems by refineries, 
petrochemical plants and chemical plants. Other applications are in 
power generation plants (electrical-fossil fuel or nuclear), and in 
some oil field uses (on shore and off shore) such as for separator 
lines, gathering lines and metering runs. A minor application of this 
product is for use as oil and gas distribution lines for commercial 
applications. These applications constitute the majority of the market 
for the subject seamless pipes. However, 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, and whether or 
not also certified to a non-covered specification. Standard, line and 
pressure applications and the above-listed specifications are defining 
characteristics of the scope of the order. Therefore, seamless pipes 
meeting the physical description above, but not produced to the A-335, 
A-106, A-53, or API 5L standards shall be covered if used in a 
standard, line or pressure application.
    For example, there are certain other ASTM specifications of pipe 
which, because of overlapping characteristics, could potentially be 
used in A-106 applications. These specifications generally include A-
162, A-192, A-210, A-333, and A-524. 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 order are boiler tubing and 
mechanical tubing, if such products are not produced to A- 335, A-106, 
A-53 or API 5L specifications and are not used in standard, line or 
pressure applications. In addition, finished and unfinished oil country 
tubular goods (``OCTG'') are excluded from the scope of the order, if 
covered by the scope of another antidumping duty order from the same 
country. If not covered by such an OCTG order, finished and unfinished 
OCTG are included in the scope when used in standard, line or pressure 
applications. Finally, also excluded from the order are redraw hollows 
for cold-drawing when used in the production of cold-drawn pipe or 
tube.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this order is 
dispositive.

Analysis of Comments Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the order were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum dated concurrently with, and hereby adopted by, this notice. 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the antidumping duty order on seamless 
pipe from Germany would be likely to lead to continuation or recurrence 
of dumping, and that the magnitude of the dumping margins likely to 
prevail would be weighted-average dumping margins up to 57.72 percent.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: November 29, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margin Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2017-26208 Filed 12-5-17; 8:45 am]
BILLING CODE 3510-DS-P