[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62762-62765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26226]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-850, A-588-851, A-485-805]
Certain Large Diameter Carbon and Alloy Seamless Standard, Line
and Pressure Pipe From Japan; Certain Small Diameter Carbon and Alloy
Seamless Standard, Line and Pressure Pipe From Japan and Romania:
Continuation of Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
Dates: Effective Date: October 11, 2011.
SUMMARY: As a result of the determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC'') that revocation of the antidumping duty orders on certain
large diameter carbon and alloy seamless standard, line and pressure
pipe (``large diameter pipe'') from Japan and certain small diameter
carbon and alloy seamless standard, line and pressure pipe (``small
diameter pipe'') from Japan and Romania would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of the antidumping duty orders.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-1785.
SUPPLEMENTARY INFORMATION: On April 1, 2011, the Department published
in the Federal Register the notice of initiation of the second sunset
reviews of the antidumping duty orders on large diameter pipe from
Japan and small diameter pipe from Japan and Romania, pursuant to
section 751(c)(2) of the Tariff Act of 1930, as amended (``the Act'').
See Initiation of Five-Year (``Sunset'') Review, 76 FR 18163 (April 1,
2011).
As a result of its review, the Department determined that
revocation of the antidumping duty orders on large diameter pipe from
Japan and small diameter pipe from Japan and Romania would likely lead
to a continuation or recurrence of dumping and, therefore, notified the
ITC of the magnitude of the margins likely to prevail should the order
be revoked. See Certain Large Diameter Carbon and Alloy Seamless
Standard, Line and Pressure Pipe From Japan; Certain Small Diameter
Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Japan
and Romania: Final Results of the Expedited Second Five-Year Sunset
Reviews of the Antidumping Duty Orders, 76 FR 47555 (August 5, 2011).
On September 28, 2011, the ITC determined, pursuant to section
751(c)(1) of the Act, that revocation of the antidumping duty orders on
large diameter pipe from Japan and small diameter pipe from Japan and
Romania would likely lead to a continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time. See Carbon and Alloy Seamless Standard, Line, and
Pressure Pipe From Japan and Romania, 76 FR 60083 (September 28, 2011),
and USITC Publication 4262 (September 2011), Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe from Japan and Romania, Investigation
Nos. 731-TA-847 and 849 (Second Review).
Scope of the Orders
Large Diameter Pipe From Japan
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-
[[Page 62763]]
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.
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 A-106 application, we will require
end-use certifications for imports of that specification. Normally we
will require only the importer of record to certify to the end use of
the imported merchandise. If it later proves necessary for adequate
implementation, we may also require producers who export such products
to the United States to provide such certification on invoices
accompanying shipments to the United States.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the merchandise subject to
this scope is dispositive.
Small Diameter Pipe From Japan and Romania
The products covered by these orders include small diameter
seamless carbon and alloy (other than stainless) steel standard, line,
and pressure pipes and redraw hollows produced, or equivalent, to the
ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589,
ASTM A-795, and the API 5L specifications and meeting the physical
parameters described below, regardless of application. The scope of
these orders also includes all products used in standard, line, or
pressure pipe applications and meeting the physical parameters
described below, regardless of specification. Specifically included
within the scope of these orders are seamless pipes and redraw hollows,
less than or equal to 4.5 inches (114.3 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 these orders are currently
classifiable under the subheadings 7304.10.10.20, 7304.10.50.20,
7304.19.10.20, 7304.19.50.20, 7304.31.30.00, 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,
[[Page 62764]]
7304.59.80.15, 7304.59.80.20, and 7304.59.80.25 of the HTSUS.
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 ASTM A-
106 standard may be used in temperatures of up to 1000 degrees
Fahrenheit, at various 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 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, ASTM A-106 pipes may be used
in some boiler applications.
Redraw hollows are any unfinished pipe or ``hollow profiles'' of
carbon or alloy steel transformed by hot rolling or cold drawing/
hydrostatic testing or other methods to enable the material to be sold
under ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM
A-589, ASTM A-795, and API 5L specifications.
The scope of these orders 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 specific exclusions discussed below, 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 orders. 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-335, 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 these orders.
Specifically excluded from the scope of these orders are 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-335, ASTM A-589, ASTM
A-795, and API 5L specifications and are not used in standard, line, or
pressure pipe applications. In addition, finished and unfinished OCTG
are excluded from the scope of these orders, 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 these
scopes when used in standard, line or pressure applications.
With regard to the excluded products listed above, the Department
will not instruct 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 used
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 covered applications 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-161 specification is being used in a standard, line or pressure
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 under
these orders is dispositive.
Continuation of the Order
As a result of these determinations by the Department and the ITC
that revocation of the antidumping duty orders would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
orders on large diameter pipe from Japan and small diameter pipe from
Japan and Romania. CBP will continue to collect antidumping duty 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 these
orders will be the date of publication in the Federal Register of this
notice of continuation. Pursuant to section 751(c)(2) of the Act, the
Department intends to initiate the next five-year review of the orders
not later than 30 days prior to the fifth
[[Page 62765]]
anniversary of the effective date of continuation.
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: October 3, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-26226 Filed 10-7-11; 8:45 am]
BILLING CODE 3510-DS-P