[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Notices]
[Pages 64475-64477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25603]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-850]
Certain Large Diameter Carbon and Alloy Seamless Standard, Line,
and Pressure Pipe (Over 4\1/2\ Inches) From Japan: Final Results of
Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On July 10, 2013, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on certain large diameter carbon and alloy
seamless standard, line, and pressure pipe (over 4\1/2\ inches) from
Japan. For these final results, we continue to find that no shipments
were made by JFE Steel Corporation (JFE), Nippon Steel Corporation
(Nippon), NKK Tubes (NKK), or Sumitomo Metal Industries, Ltd. (SMI),
and that entries of subject merchandise made by Canadian Natural
Resources Limited (CNRL) should be liquidated without regard to
antidumping duties.
DATES: Effective Date: October 29, 2013.
FOR FURTHER INFORMATION CONTACT: Nancy Decker or Joshua Morris, AD/CVD
Operations, Office 1, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0196, and (202) 482-1779, respectively.
Background
On July 10, 2013, the Department published the preliminary results
of the administrative review of the antidumping duty order on certain
large diameter carbon and alloy seamless standard, line, and pressure
pipe (over 4\1/2\ inches) from Japan.\1\ We invited interested parties
to comment on the Preliminary Results. We received no comments.
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\1\ See Certain Large Diameter Carbon and Alloy Seamless
Standard, Line, and Pressure Pipe (Over 4 [frac12] Inches) From
Japan: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012, 78 FR 41366 (July 10, 2013) and accompanying
Decision Memorandum (Preliminary Results).
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The Department has conducted this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order
The products covered by the 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 the 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 the 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 the 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,
[[Page 64476]]
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 the 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 the order. 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 the order.
Specifically excluded from the scope of the 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 the 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
the scope is dispositive.
Final Results of Review
We have made no changes to our findings announced in the
Preliminary Results. Consistent with our findings in the Preliminary
Results,\2\ we find that JFE, Nippon, NKK, and SMI had no shipments for
the period June 1, 2011, through May 31, 2012.
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\2\ See Preliminary Results and accompanying Decision Memorandum
at 6-8.
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Also consistent with the Preliminary Results,\3\ we find that CNRL
had no sales to unaffiliated customers in the United States, or to
unaffiliated customers for exportation to the United States. Although
CNRL entered subject
[[Page 64477]]
merchandise for consumption during the period of review (POR), the
merchandise was not sold in any form, either in the form as entered or
as further manufactured; it was exported back to CNRL in Canada. As a
result, consistent with our decision in OCTG from Japan,\4\ antidumping
duties would not be applied to CNRL's subject merchandise under current
law and practice. Accordingly, we will instruct CBP to liquidate the
entries at issue without regard to antidumping duties.
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\3\ Id. at 8-13.
\4\ In OCTG from Japan, the subject merchandise entered the
United States under a temporary import bond. Upon re-exportation,
pursuant to the North American Free Trade Agreement, the entries
were treated as if they had entered the United States for
consumption. The Department determined that the subject merchandise
was not sold in any form, and liquidated without regard to duties.
See Oil Country Tubular Goods From Japan: Preliminary Results and
Rescission {sic{time} in Part of Antidumping Duty Administrative
Review, 64 FR 48589, 48590-91 (September 7, 1999) (OCTG from Japan).
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Assessment Rates
Because we found that CNRL did not sell subject merchandise to an
unaffiliated customer in the United States, or to unaffiliated
customers for exportation to the United States, but exported all the
subject merchandise back to CNRL in Canada we will instruct CBP to
liquidate its entries covered by this review without regard to
antidumping duties.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to POR entries by JFE,
Nippon, NKK, and SMI because these companies certified that they made
no POR shipments of subject merchandise for which they had knowledge of
U.S. destination and we are making a final determination of no
shipments. We will instruct CBP to liquidate these entries at the all-
others rate established in the less-than-fair-value investigation
(68.88 percent) if there is no rate for the intermediary involved in
the transaction. For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Notifications
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
We are issuing and publishing these results and this notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-25603 Filed 10-28-13; 8:45 am]
BILLING CODE 3510-DS-P