Carbon and Alloy Seamless Standard, Line, And Pressure Pipe (Over 41/2 Inches) From Japan: Continuation of the Antidumping Duty Order, 38815-38817 [2023-12765]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Notices nature of the misconduct and clear disregard for complying with U.S. export control laws. This Order is being issued on an ex parte basis without a hearing based upon BIS’s showing of an imminent violation in accordance with Section 766.24 and 766.23(b) of the Regulations. It is therefore ordered: First, that BORIS LIVSHITS, with an address at 9V Kuttuzi, Leningrad Oblast, St. Petersburg, Russian Federation; SVETLANA SKVORTSOVA, with an address at Yablochinkova 21 Moscow, Russian Federation; ALEKSEY IPPOLITOV, with an address at Ozernaya 46 Moscow, Russian Federation; ADVANCED WEB SERVICES, with an address at 417 Brightwater Court, Apt 6f Brooklyn, NY 11235; STRANDWAY, LLC, with an address at 99 Wall St, Ste. 148 New York, NY 10005; NIKOLAOS BOGONIKOLOS, with an address at Artemidos 36, Palaio Faliro, Attica, Greece; and the ARATOS GROUP, with addresses at L. Amfitheas 10, Athens, 17564, Greece and 10 Amfitheas Avenue, 17564, Palaio Faliro, Greece; and when acting for or on their behalf, any successors or assigns, agents, or employees (each a ‘‘Denied Person’’ and collectively the ‘‘Denied Persons’’) may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR. Second, that no person may, directly or indirectly, do any of the following: A. Export, reexport, or transfer (incountry) to or on behalf of a Denied Person any item subject to the EAR; B. Take any action that facilitates the acquisition or attempted acquisition by a Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will VerDate Sep<11>2014 19:24 Jun 13, 2023 Jkt 259001 be exported from the United States, including financing or other support activities related to a transaction whereby a Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from a Denied Person of any item subject to the EAR that has been exported from the United States; D. Obtain from a Denied Person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to Boris Livshits, Svetlana Skvortsova, Aleksey Ippolitov, Advanced Web Services, Strandway, LCC, Nikolaos Bogonikolos, and/or the Aratos Group by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. In accordance with the provisions of Section 766.24(e) of the EAR, Boris Livshits, Svetlana Skvortsova, Aleksey Ippolitov, Advanced Web Services, Strandway, LCC, Nikolaos Bogonikolos, and the Aratos Group may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. Respondents Boris Livshits, Svetlana Skvortsova, Aleksey Ippolitov, Advanced Web Services, Strandway, LCC, Nikolaos Bogonikolos, and the Aratos Group may oppose a request to renew this Order by filing a written submission with the Assistant Secretary for Export Enforcement, which must be received PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 38815 not later than seven days before the expiration date of the Order. A copy of this Order shall be served on each denied person and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2023–12679 Filed 6–13–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–850] Carbon and Alloy Seamless Standard, Line, And Pressure Pipe (Over 41⁄2 Inches) From Japan: Continuation of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on carbon and alloy seamless standard, line, and pressure pipe (over 41⁄2 inches) (large diameter pipe) from Japan would likely lead to the continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of this AD order. SUMMARY: DATES: Applicable June 6, 2023. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1395. SUPPLEMENTARY INFORMATION: Background On June 26, 2000, Commerce published in the Federal Register the AD order on large diameter pipe from Japan.1 On October 3, 2022, the ITC 1 See Notice of Antidumping Duty Orders: Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Japan; and Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Japan and the Republic of South Africa, 65 FR 39360 (June 26, 2000) (Order). E:\FR\FM\14JNN1.SGM 14JNN1 38816 Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Notices instituted,2 and Commerce initiated,3 the fourth sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its review, Commerce determined that revocation of the Order would likely lead to the continuation or recurrence of dumping, and therefore, notified the ITC of the magnitude of the margins of dumping likely to prevail should the Order be revoked.4 On June 6, 2023, the ITC published its determination, pursuant to sections 751(c) of the Act, that revocation of the Order would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 ddrumheller on DSK120RN23PROD with NOTICES1 Scope of the Order The products covered by this 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 this 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 this 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 wallthickness, 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 this 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, 2 See Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania; Institution of Five-Year Reviews, 87 FR 59821 (October 3, 2022). 3 See Initiation of Five-Year (Sunset) Reviews, 87 FR 59779 (October 3, 2022) (Initiation Notice). 4 See Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Japan: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 87 FR 80162 (December 29, 2022) and accompanying Issues and Decision Memorandum. 5 See Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania, 88 FR 37096 (June 6, 2023) (ITC Final Determination). VerDate Sep<11>2014 19:24 Jun 13, 2023 Jkt 259001 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 this 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 this review. 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 this Order. E:\FR\FM\14JNN1.SGM 14JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Notices Specifically excluded from the scope of this Order are: A. Boiler tubing and mechanical tubing, if such products are not produced to ASTM A–53, ASTM A– 106, ASTM A–333, ASTM A–334, ASTM A–589, ASTM A–795, and API 5L specifications and are not used in standard, line, or pressure pipe applications. B. Finished and unfinished oil country tubular goods (OCTG), if covered by the scope of another antidumping duty order from the same country. If not covered by such an OCTG order, finished and unfinished OCTG are included in this scope when used in standard, line or pressure applications. C. Products produced to the A–335 specification unless they are used in an application that would normally utilize ASTM A–53, ASTM A– 106, ASTM A–333, ASTM A–334, ASTM A–589, ASTM A–795, and API 5L specifications. D. Line and riser pipe for deepwater application, i.e., line and riser pipe that is (1) used in a deepwater application, which means for use in water depths of 1,500 feet or more; (2) intended for use in and is actually used for a specific deepwater project; (3) rated for a specified minimum yield strength of not less than 60,000 psi; and (4) not identified or certified through the use of a monogram, stencil, or otherwise marked with an API specification (e.g., API 5L). With regard to the excluded products listed above, the Department will not instruct U.S. Customs and Border Protection (CBP) to require end-use certification until such time as Petitioner or other interested parties provide to the Department a reasonable basis to believe or suspect that the products are being utilized in a covered application. If such information is provided, we will require end-use certification only for the product(s) (or specification(s)) for which evidence is provided that such products are being used in a covered application as described above. For example, if, based 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 A106 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 VerDate Sep<11>2014 19:24 Jun 13, 2023 Jkt 259001 purposes, our written description of the merchandise subject to this scope is dispositive. DEPARTMENT OF COMMERCE Continuation of the Order Renewable Energy and Energy Efficiency Advisory Committee As a result of the determinations by Commerce and the ITC that revocation of the AD Order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be June 6, 2023.6 Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year reviews of the Order not later than 30 days prior to fifth anniversary of the date of the last determination by the Commission. Administrative Protective Order (APO) This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written 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. Notification to Interested Parties This five-year (sunset) review and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4). Dated: June 8, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–12765 Filed 6–12–23; 8:45 am] BILLING CODE 3510–DS–P 6 See PO 00000 ITC Final Determination. Frm 00009 Fmt 4703 Sfmt 4703 38817 International Trade Administration International Trade Administration, Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The Renewable Energy and Energy Efficiency Advisory Committee (REEEAC or the Committee) will hold an in-person meeting, accessible to the public in-person and online, on Tuesday, June 27, 2023 at the U.S. Department of Commerce in Washington, DC. Registration instructions for the public to attend either in-person or online are provided below. The meeting has a limited number of spaces for members of the public to attend in-person. Requests to attend in-person will be considered on a first-come first-served basis. DATES: Tuesday, June 27, 2023, from approximately 9:30 a.m. to 3:30 p.m. Eastern Daylight Time (EDT). Members of the public wishing to participate must register in advance with Cora Dickson at the contact information below by 5:00 p.m. EDT on Friday, June 23, 2023, including any requests to make comments during the meeting or for accommodations or auxiliary aids. ADDRESSES: To register, please contact Cora Dickson, Designated Federal Officer (DFO), Office of Energy and Environmental Industries (OEEI), Industry and Analysis, International Trade Administration, U.S. Department of Commerce at (202) 482–6083; email: Cora.Dickson@trade.gov. In their registration, members of the public wishing to attend in-person must request in-person attendance by the firm deadline above. FOR FURTHER INFORMATION CONTACT: Cora Dickson, DFO, Office of Energy and Environmental Industries (OEEI), Industry and Analysis, International Trade Administration, U.S. Department of Commerce at (202) 482–6083; email: Cora.Dickson@trade.gov. Registered participants joining virtually will be emailed the login information for the meeting, which will be accessible as a livestream via WebEx Webinar. Registered participants joining inperson will be emailed instructions on accessing the designated meeting space. SUPPLEMENTARY INFORMATION: Background: The Secretary of Commerce established the REEEAC pursuant to discretionary authority and in accordance with the Federal Advisory Committee Act, as amended (5 SUMMARY: E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38815-38817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12765]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-850]


Carbon and Alloy Seamless Standard, Line, And Pressure Pipe (Over 
4\1/2\ Inches) From Japan: Continuation of the Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on carbon and alloy 
seamless standard, line, and pressure pipe (over 4\1/2\ inches) (large 
diameter pipe) from Japan would likely lead to the continuation or 
recurrence of dumping and material injury to an industry in the United 
States, Commerce is publishing a notice of continuation of this AD 
order.

DATES: Applicable June 6, 2023.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1395.

SUPPLEMENTARY INFORMATION: 

Background

    On June 26, 2000, Commerce published in the Federal Register the AD 
order on large diameter pipe from Japan.\1\ On October 3, 2022, the ITC

[[Page 38816]]

instituted,\2\ and Commerce initiated,\3\ the fourth sunset review of 
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). As a result of its review, Commerce determined that 
revocation of the Order would likely lead to the continuation or 
recurrence of dumping, and therefore, notified the ITC of the magnitude 
of the margins of dumping likely to prevail should the Order be 
revoked.\4\
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Orders: Certain Large 
Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe 
from Japan; and Certain Small Diameter Carbon and Alloy Seamless 
Standard, Line and Pressure Pipe from Japan and the Republic of 
South Africa, 65 FR 39360 (June 26, 2000) (Order).
    \2\ See Carbon and Alloy Seamless Standard, Line, and Pressure 
Pipe from Japan and Romania; Institution of Five-Year Reviews, 87 FR 
59821 (October 3, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 59779 
(October 3, 2022) (Initiation Notice).
    \4\ See Certain Large Diameter Carbon and Alloy Seamless 
Standard, Line and Pressure Pipe from Japan: Final Results of the 
Expedited Sunset Review of the Antidumping Duty Order, 87 FR 80162 
(December 29, 2022) and accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    On June 6, 2023, the ITC published its determination, pursuant to 
sections 751(c) of the Act, that revocation of the Order would likely 
lead to continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time.\5\
---------------------------------------------------------------------------

    \5\ See Carbon and Alloy Seamless Standard, Line, and Pressure 
Pipe from Japan and Romania, 88 FR 37096 (June 6, 2023) (ITC Final 
Determination).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this 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 this 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 this 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 this 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 this 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 this review. 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 this Order.

[[Page 38817]]

    Specifically excluded from the scope of this Order are: A. Boiler 
tubing and mechanical tubing, if such products are not produced to ASTM 
A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-589, ASTM A-795, and 
API 5L specifications and are not used in standard, line, or pressure 
pipe applications. B. Finished and unfinished oil country tubular goods 
(OCTG), if covered by the scope of another antidumping duty order from 
the same country. If not covered by such an OCTG order, finished and 
unfinished OCTG are included in this scope when used in standard, line 
or pressure applications. C. Products produced to the A-335 
specification unless they are used in an application that would 
normally utilize ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-
589, ASTM A-795, and API 5L specifications. D. Line and riser pipe for 
deepwater application, i.e., line and riser pipe that is (1) used in a 
deepwater application, which means for use in water depths of 1,500 
feet or more; (2) intended for use in and is actually used for a 
specific deepwater project; (3) rated for a specified minimum yield 
strength of not less than 60,000 psi; and (4) not identified or 
certified through the use of a monogram, stencil, or otherwise marked 
with an API specification (e.g., API 5L).
    With regard to the excluded products listed above, the Department 
will not instruct U.S. Customs and Border Protection (CBP) to require 
end-use certification until such time as Petitioner or other interested 
parties provide to the Department a reasonable basis to believe or 
suspect that the products are being utilized in a covered application. 
If such information is provided, we will require end-use certification 
only for the product(s) (or specification(s)) for which evidence is 
provided that such products are being used in a covered application as 
described above. For example, if, based 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 A106 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.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD Order would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, Commerce hereby 
orders the continuation of the Order. U.S. Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the Order will be June 6, 
2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year reviews 
of the Order not later than 30 days prior to fifth anniversary of the 
date of the last determination by the Commission.
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    \6\ See ITC Final Determination.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
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.

Notification to Interested Parties

    This five-year (sunset) review and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: June 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-12765 Filed 6-12-23; 8:45 am]
BILLING CODE 3510-DS-P
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