[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56809-56811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22738]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-820]
Certain Small Diameter Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe From Germany: Continuation of Antidumping Duty
Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 56810]]
SUMMARY: As a result of the determinations by the Department of
Commerce (``the Department'') and the U.S. International Trade
Commission (``ITC'') that revocation of the antidumping duty order on
certain small diameter seamless carbon and alloy steel 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, the Department is publishing a notice of
continuation of the antidumping duty order.
DATES: Effective Date: September 14, 2012.
FOR FURTHER INFORMATION CONTACT: Ericka Ukrow or Angelica Mendoza, AD/
CVD Operations Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0405 and (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 1995, the Department published the antidumping duty
order on seamless pipe from Germany.\1\ On April 2, 2012, the
Department and the ITC published notices of initiation of their third
five-year (``sunset'') review of the antidumping duty order on seamless
pipe from Germany.\2\
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\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).
\2\ See Initiation of Five-Year (``Sunset'') Review, 77 FR 19643
(April 2, 2012) and Certain Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe From Germany; Institution of a
Five-Year Review of the Antidumping Duty Order, 77 FR 19711 (April
2, 2012).
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As a result of this expedited sunset review, the Department
determined that revocation of the antidumping duty order on seamless
pipe from Germany would likely lead to continuation or recurrence of
dumping and, therefore, notified the ITC of the magnitude of the
margins of dumping likely to prevail should this order be revoked.\3\
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\3\ See Certain Small Diameter Seamless Carbon and Alloy
Standard, Line, and Pressure Pipe From Germany: Final Results of the
Expedited Third Sunset Review of the Antidumping Duty Order, 77 FR
46385 (August 3, 2012) and accompanying Issues and Decision
Memorandum.
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On September 6, 2012, the ITC published its determination in the
Federal Register, pursuant to section 752(a) of the Tariff Act of 1930,
as amended (``the Act''), that revocation of the antidumping duty order
on seamless pipe from Germany would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\4\
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\4\ See Certain Seamless Carbon and Alloy Steel; Standard, Line,
and Pressure Pipe From Germany, 77 FR 54926 (September 6, 2012), and
USITC Publication 4348 (August 2012), titled Certain Seamless Carbon
and Alloy Steel Standard, Line, and Pressure Pipe From Germany
(Investigation No. 731-TA-709 (Third Review)).
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Scope of the Order
The scope of the order includes 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 non-
standard wall thicknesses are commonly referred to as tubes.
The seamless pipes subject to the order are currently classifiable
under subheadings 7304.19.10.20, 7304.19.50.20, 7304.31.60.50,
7304.39.00.16, 7304.39.00.20, 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.51.50.05, 7304.51.50.60, 7304.59.60.00,
7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and 7304.59.80.25 of the
Harmonized Tariff Schedule of the United States (``HTSUS'').
The following information further defines the scope of the order,
which covers pipes meeting the physical parameters described above:
Specifications, Characteristics and Uses: Seamless pressure pipes
are intended for the conveyance of water, steam, petrochemicals,
chemicals, oil products, natural gas and other liquids and gasses in
industrial piping systems. They may carry these substances at elevated
pressures and temperatures and may be subject to the application of
external heat. Seamless carbon steel pressure pipe meeting the American
Society for Testing and Materials (``ASTM'') standard A-106 may be used
in temperatures of up to 1000 degrees Fahrenheit, at various American
Society of Mechanical Engineers (``ASME'') code stress levels. Alloy
pipes made to ASTM standard A-335 must be used if temperatures and
stress levels exceed those allowed for A-106 and the ASME codes.
Seamless pressure pipes sold in 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-
[[Page 56811]]
106 pipes may be used in some boiler applications.
The scope of the order includes all seamless pipe meeting the
physical parameters described above and produced to one of the
specifications listed above, regardless of application, and whether or
not also certified to a non-covered specification. Standard, line and
pressure applications and the above-listed specifications are defining
characteristics of the scope of the order. Therefore, seamless pipes
meeting the physical description above, but not produced to the A-335,
A-106, A-53, or API 5L standards shall be covered if used in a
standard, line or pressure application.
For example, there are certain other ASTM specifications of pipe
which, because of overlapping characteristics, could potentially be
used in A-106 applications. These specifications generally include A-
162, A-192, A-210, A-333, and A-524. When such pipes are used in a
standard, line or pressure pipe application, such products are covered
by the scope of the order.
Specifically excluded from the order are boiler tubing and
mechanical tubing, if such products are not produced to A-335, A-106,
A-53 or API 5L specifications and are not used in standard, line or
pressure applications. In addition, finished and unfinished oil country
tubular goods (``OCTG'') are excluded from the scope of the order, if
covered by the scope of another antidumping duty order from the same
country. If not covered by such an OCTG order, finished and unfinished
OCTG are included in the scope when used in standard, line or pressure
applications. Finally, also excluded from the order are redraw hollows
for cold-drawing when used in the production of cold-drawn pipe or
tube.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of the order is
dispositive.
Continuation of the Order
As a result of the determinations by the Department and the ITC
that revocation of the antidumping duty 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
the Department hereby orders the continuation of the antidumping duty
order on seamless pipe from Germany.
U.S. Customs and Border Protection 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 this order 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
sunset review of this order not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
This 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: September 7, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-22738 Filed 9-13-12; 8:45 am]
BILLING CODE 3510-DS-P