Certain Small Diameter Seamless Carbon and Alloy Standard, Line and Pressure Pipe From Germany: Continuation of Antidumping Duty Order, 57416-57418 [2023-18162]
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
material between the core and the top panel
of the ticking on a single-sided mattress, or
between the core and the top and bottom
panel of the ticking on a double-sided
mattress; and/or (2) ‘‘ticking,’’ the outermost
layer of fabric or other material (e.g., vinyl)
that encloses the core and any upholstery,
also known as a cover.
The scope of this investigation is restricted
to only ‘‘adult mattresses’’ and ‘‘youth
mattresses.’’ ‘‘Adult mattresses’’ are
frequently described as ‘‘twin,’’ ‘‘extra-long
twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California
king’’ mattresses. ‘‘Youth mattresses’’ are
typically described as ‘‘crib,’’ ‘‘toddler,’’ or
‘‘youth’’ mattresses. All adult and youth
mattresses are included regardless of size and
size description or how they are described
(e.g., frameless futon mattress and tri-fold
mattress).
The scope encompasses all types of
‘‘innerspring mattresses,’’ ‘‘non-innerspring
mattresses,’’ and ‘‘hybrid mattresses.’’
‘‘Innerspring mattresses’’ contain
innersprings, a series of metal springs joined
together in sizes that correspond to the
dimensions of mattresses. Mattresses that
contain innersprings are referred to as
‘‘innerspring mattresses’’ or ‘‘hybrid
mattresses.’’ ‘‘Hybrid mattresses’’ contain two
or more support systems as the core, such as
layers of both memory foam and innerspring
units.
‘‘Non-innerspring mattresses’’ are those
that do not contain any innerspring units.
They are generally produced from foams
(e.g., polyurethane, memory (viscoelastic),
latex foam, gel infused viscoelastic (gel
foam), thermobonded polyester,
polyethylene) or other resilient filling.
Mattresses covered by the scope of this
investigation may be imported
independently, as part of furniture or
furniture mechanisms (e.g., convertible sofa
bed mattresses, sofa bed mattresses imported
with sofa bed mechanisms, corner group
mattresses, day-bed mattresses, roll-away bed
mattresses, high risers, trundle bed
mattresses, crib mattresses), or as part of a set
(in combination with a ‘‘mattress
foundation’’). ‘‘Mattress foundations’’ are any
base or support for a mattress. Mattress
foundations are commonly referred to as
‘‘foundations,’’ ‘‘boxsprings,’’ ‘‘platforms,’’
and/or ‘‘bases.’’ Bases can be static, foldable,
or adjustable. Only the mattress is covered by
the scope if imported as part of furniture,
with furniture mechanisms, or as part of a
set, in combination with a mattress
foundation.
Excluded from the scope of this
investigation are ‘‘futon’’ mattresses. A
‘‘futon’’ is a bi-fold frame made of wood,
metal, or plastic material, or any combination
thereof, that functions as both seating
furniture (such as a couch, love seat, or sofa)
and a bed. A ‘‘futon mattress’’ is a tufted
mattress, where the top covering is secured
to the bottom with thread that goes
completely through the mattress from the top
through to the bottom, and it does not
contain innersprings or foam. A futon
mattress is both the bed and seating surface
for the futon.
Also excluded from the scope are airbeds
(including inflatable mattresses) and
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waterbeds, which consist of air- or liquidfilled bladders as the core or main support
system of the mattress.
Also excluded is certain multifunctional
furniture that is convertible from seating to
sleeping, regardless of filler material or
components, where such filler material or
components are upholstered, integrated into
the design and construction of, and
inseparable from, the furniture framing, and
the outermost layer of the multifunctional
furniture converts into the sleeping surface.
Such furniture may, and without limitation,
be commonly referred to as ‘‘convertible
sofas,’’ ‘‘sofabeds,’’ ‘‘sofa chaise sleepers,’’
‘‘futons,’’ ‘‘ottoman sleepers,’’ or a like
description.
Also excluded from the scope of this
investigation are any products covered by the
existing antidumping duty orders on
uncovered innerspring units from the
People’s Republic of China, South Africa,
and the Socialist Republic of Vietnam. See
Uncovered Innerspring Units from the
People’s Republic of China, South Africa,
and Socialist Republic of Vietnam:
Continuation of Antidumping Duty Orders,
84 FR 55285 (October 16, 2019).
Also excluded from the scope of this
investigation are bassinet pads with a
nominal length of less than 39 inches, a
nominal width of less than 25 inches, and a
nominal depth of less than 2 inches.
Additionally, also excluded from the scope
of this investigation are ‘‘mattress toppers.’’
A ‘‘mattress topper’’ is a removable bedding
accessory that supplements a mattress by
providing an additional layer that is placed
on top of a mattress. Excluded mattress
toppers have a height of four inches or less.
The products subject to this investigation
are currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings: 9404.21.0010, 9404.21.0013,
9404.21.0095, 9404.29.1005, 9404.29.1013,
9404.29.1095, 9404.29.9085, 9404.29.9087,
and 9404.29.9095. Products subject to this
investigation may also enter under HTSUS
subheadings: 9401.41.0000, 9401.49.0000,
and 9401.99.9081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise subject to this
investigation is dispositive.
[FR Doc. 2023–18164 Filed 8–22–23; 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:
Continuation of Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
AGENCY:
PO 00000
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Sfmt 4703
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) order on certain small diameter
seamless carbon and alloy standard, line
and pressure pipe (seamless pipe) from
Germany would likely lead to
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 August 16, 2023.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun, 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) 482–5760.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 1995, Commerce
published the AD order on seamless
pipe from Germany.1 On January 3,
2023, the ITC instituted, and Commerce
initiated, the fifth sunset review of the
Order, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2 Commerce conducted an
expedited (120-day) sunset review of the
Order, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2). 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.3
On August 16, 2023, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) 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.4
1 See Notice of Antidumping Duty Order and
Amended Final Determination: Certain Small
Diameter Seamless Carbon and Alloy Steel
Standard, Line and Pressure Pipe from Germany, 60
FR 39704 (August 3, 1995) (Order).
2 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from Germany; Institution
of a Five-Year Review, 88 FR 110 (January 3, 2023);
and Initiation of Five-Year (Sunset) Reviews, 88 FR
63, 64 (January 3, 2023).
3 See Certain Small Diameter Seamless Carbon
and Alloy Standard, Line and Pressure Pipe from
Germany: Final Results of Expedited Fifth Sunset
Review of the Antidumping Duty Order, 88 FR
29890 (May 9, 2023), and accompanying Issues and
Decision Memorandum.
4 See Certain Small Diameter Seamless Carbon
and Alloy Standard, Line and Pressure Pipe from
Germany; Determinations, 88 FR 55721 (August 16,
2023).
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
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Scope of the Order
The scope of this Order covers certain
small diameter seamless carbon and
alloy standard, line and pressure 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 merchandise subject to the Order
is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS), under HTSUS
subheadings 7304.19.1020,
7304.19.5020, 7304.31.6050,
7304.3900.16, 7304.3900.20,
7304.39.0024, 7304.39.0028,
7304.39.0032, 7304.51.5005,
7304.51.5060, 7304.59.6000,
7304.59.8010, 7304.59.8015,
7304.59.8020, and 7304.59.8025.
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
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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.
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57417
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 AD
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 colddrawn pipe or tube.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of the Order is dispositive.
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the 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 is August 16, 2023.5 Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year review of the
Order not later than 30 days prior to the
fifth anniversary of the effective date of
continuation.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
5 Id.
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57418
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices
return/destruction or conversion to
judicial protective order 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 the APO is a
sanctionable violation.
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: August 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–18162 Filed 8–22–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
U.S. Section Membership
Opportunities to the United StatesIndia CEO Forum
International Trade
Administration (ITA), Department of
Commerce.
ACTION: Notice.
AGENCY:
This notice announces an
additional opportunity to apply for
appointment to the U.S. Section of the
U.S.-India CEO Forum (‘‘Forum’’)
previously recruited via the notices
published in the Federal Register
February 18, 2022 and March 23, 2022.
Effective from this notice, the U.S.
Section membership cap has increased
from 20 to approximately 25 members.
The U.S. Section currently has 18
members; thus, the Department is
soliciting applications for up to
approximately seven vacancies.
DATES: ITA will accept nominations for
membership on the Forum for terms that
will begin upon appointment and will
expire on December 31, 2024.
Applications are due on September 12,
2023.
ADDRESSES: For inquiries and an
application, please contact Noor
Sclafani, International Trade Specialist,
Office of South Asia, U.S. Department of
Commerce, by email at noor.sclafani@
trade.gov.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
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17:27 Aug 22, 2023
Jkt 259001
FOR FURTHER INFORMATION CONTACT:
Noor Sclafani, International Trade
Specialist, Office of South Asia, U.S.
Department of Commerce, telephone:
(202) 482–1421.
SUPPLEMENTARY INFORMATION:
Established in 2005, the U.S.-India CEO
Forum brings together leaders of the
respective business communities of the
United States and India to discuss
issues of mutual interest, particularly
ways to strengthen the economic and
commercial ties between the two
countries, and to communicate their
joint recommendations to the U.S. and
Indian governments.
The Forum has U.S. and Indian public
and private sector co-chairs. The
Secretary of Commerce serves as a
public sector co-chair. Other senior U.S.
Government officials may also
participate in the Forum.
The Forum includes U.S. and Indian
private sector members, who are
divided into two sections. The U.S.
Section consists of approximately 25
members representing the views and
interests of the private sector in the
United States. Each government
appoints the members to its respective
Section. The Secretary of Commerce
appoints the U.S. Section and the U.S.
Section’s private sector co-chair. The
Forum allows the private sector to
develop and provide joint
recommendations to the two
governments that reflect private sector
views, needs, concerns, and suggestions
about the creation of an environment in
which their respective private sectors
can partner, thrive, and enhance
bilateral commercial ties to expand
trade and economic links between the
United States and India. The Forum
works in tandem with, and provides
input to, the U.S.-India Commercial
Dialogue.
Candidates are currently being sought
for membership in the U.S. Section.
Each candidate must be the Chief
Executive Officer, President, or
equivalent chief executive of a company
that is (1) U.S.-owned or controlled, (2)
incorporated in or has its main
headquarters or principal place of
business in the United States, and (3)
currently conducting business in both
countries. Candidates must be U.S.
citizens or otherwise legally authorized
to work in the United States and be
generally able to travel to India and
locations in the United States to attend
Forum meetings, as well as U.S. Section
meetings. Travel and in-person
activities are contingent upon the safety
and health conditions in the United
States and India. Should safety or health
conditions not be appropriate for travel
PO 00000
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Sfmt 4703
and/or in-person activities, a meeting
may be postponed or a virtual meeting
may be scheduled instead. The
candidate may not be a registered
foreign agent, nor required to be
registered, with the Department of
Justice under the Foreign Agents
Registration Act (FARA) of 1938, as
amended.
Applications for membership in the
U.S. Section by eligible individuals will
be evaluated based on the following
criteria:
(1) A demonstrated commitment by
the individual’s company to the Indian
market either through exports or
investment.
(2) A demonstrated strong interest in
India and its economic development.
(3) The ability to offer a broad
perspective and business experience to
the discussions.
(4) The ability to address cross-cutting
issues that affect the entire business
community.
(5) The ability to initiate and be
responsible for activities in which the
Forum will be active.
(6) A demonstrated commitment by
the individual and/or the individual’s
company, particularly through activities
in India, to:
• support inclusive economic growth;
• uphold worker rights and labor
standards in its global supply chain;
• strengthen the resiliency of U.S.
supply chains;
• advance environmental
sustainability; and
• address climate change.
The U.S. Section of the Forum should
include members who represent a
diversity of business sectors.
Applications from individuals
representing companies in all sectors
and of all sizes will be considered.
ITA notes that the following sectors
are the subject of on-going U.S.-India
government engagements and is
particularly seeking applicants
representing:
• Healthcare in the context of tackling
current and future public health
emergencies and bolstering public
health efforts; and
• Critical and emerging technologies
that are the focus of the U.S.-India
initiative on Critical and Emerging
Technologies (iCET), announced by
President Biden and Prime Minister
Modi in May 2022 to elevate and
expand the strategic technology
partnership and defense industrial
cooperation between the governments,
businesses, and academic institutions of
the United States and India.
The Department of Commerce is
committed to achieving diversity in the
membership of the U.S. Section of the
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]]>Agencies
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57416-57418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18162]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-820]
Certain Small Diameter Seamless Carbon and Alloy Standard, Line
and Pressure Pipe From Germany: Continuation of 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 certain small
diameter seamless carbon and alloy standard, line and pressure pipe
(seamless pipe) from Germany would likely lead to 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 August 16, 2023.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, 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) 482-5760.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 1995, Commerce published the AD order on seamless pipe
from Germany.\1\ On January 3, 2023, the ITC instituted, and Commerce
initiated, the fifth sunset review of the Order, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ Commerce
conducted an expedited (120-day) sunset review of the Order, pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
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.\3\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order and Amended Final
Determination: Certain Small Diameter Seamless Carbon and Alloy
Steel Standard, Line and Pressure Pipe from Germany, 60 FR 39704
(August 3, 1995) (Order).
\2\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from Germany; Institution of a Five-Year Review, 88 FR
110 (January 3, 2023); and Initiation of Five-Year (Sunset) Reviews,
88 FR 63, 64 (January 3, 2023).
\3\ See Certain Small Diameter Seamless Carbon and Alloy
Standard, Line and Pressure Pipe from Germany: Final Results of
Expedited Fifth Sunset Review of the Antidumping Duty Order, 88 FR
29890 (May 9, 2023), and accompanying Issues and Decision
Memorandum.
---------------------------------------------------------------------------
On August 16, 2023, the ITC published its determination, pursuant
to sections 751(c) and 752(a) 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.\4\
---------------------------------------------------------------------------
\4\ See Certain Small Diameter Seamless Carbon and Alloy
Standard, Line and Pressure Pipe from Germany; Determinations, 88 FR
55721 (August 16, 2023).
---------------------------------------------------------------------------
[[Page 57417]]
Scope of the Order
The scope of this Order covers certain small diameter seamless
carbon and alloy standard, line and pressure 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 merchandise subject to the Order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS), under HTSUS
subheadings 7304.19.1020, 7304.19.5020, 7304.31.6050, 7304.3900.16,
7304.3900.20, 7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.51.5005,
7304.51.5060, 7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020,
and 7304.59.8025.
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 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 AD 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, our written description of the scope of the Order is
dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the 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 is August 16, 2023.\5\ Pursuant to
section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends
to initiate the next five-year review of the Order not later than 30
days prior to the fifth anniversary of the effective date of
continuation.
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Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the
[[Page 57418]]
return/destruction or conversion to judicial protective order 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 the APO is a sanctionable
violation.
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: August 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-18162 Filed 8-22-23; 8:45 am]
BILLING CODE 3510-DS-P
