[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Notices]
[Pages 39706-39708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19147]



-----------------------------------------------------------------------

[[Page 39707]]


DEPARTMENT OF COMMERCE
[A-351-826]


Notice of Antidumping Duty Order and Amended Final Determination: 
Certain Small Diameter Seamless Carbon and Alloy Steel Standard, Line 
and Pressure Pipe From Brazil

Agency: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 3, 1995.

FOR FURTHER INFORMATION CONTACT: Irene Darzenta or Fabian Rivelis, 
Office of Antidumping Duty Investigations, Import Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-6320 or (202) 482-3853, 
respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute and to the 
Department's regulations are in reference to the provisions as they 
existed on December 31, 1994.

Amended Final Determination

    In accordance with section 735(a) of the Tariff Act of 1930, as 
amended (the Act), on June 12, 1995, the Department made its final 
determination that certain small diameter seamless carbon and alloy 
steel standard, line and pressure pipe (seamless pipe) from Brazil is 
being, or is likely to be, sold in the United States at less than fair 
value (60 FR 31960, June 19, 1995). After publication of this 
determination, we received a submission, timely filed pursuant to 19 
CFR 353.28(b)(1994), from Mannesmann S.A. (MSA), alleging certain 
ministerial errors in the Department's determination. We also received 
a timely rebuttal of respondent's ministerial error allegations from 
the petitioner. We determined, in accordance with 19 CFR 353.28(d), 
that a ministerial error was made with respect to the figures used as 
best information available for home market and U.S. packing expenses. 
We determined that we inadvertently used the highest U.S. and lowest 
home market packing figures on the record without regard to the month 
of shipment. We have corrected that error. Consistent with our 
hyperinflationary methodology, we applied the lowest home market 
packing expense and the highest U.S. packing expense on the record 
based on the month of shipment. With respect to those U.S. sales 
shipped after June 1994, for which we did not have information on 
packing expenses, we used the highest U.S. packing expense on the 
record for June 1994. For a detailed discussion of the alleged 
ministerial errors and the Department's analysis, see the Memorandum 
from the Team to Gary Taverman dated July 17, 1995. In accordance with 
19 CFR 353.28(c), we are amending the final result of the antidumping 
duty investigation of seamless pipe from Brazil to correct the above-
cited ministerial error. The revised final weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                     Original   Revised 
          Manufacturer/producer/exporter              margin     margin 
                                                     percent    percent 
------------------------------------------------------------------------
MSA...............................................     125.00     124.94
All Others........................................     125.00     124.94
------------------------------------------------------------------------

Scope of Investigation and Order

    The scope of this investigation includes small diameter seamless 
carbon and alloy standard, line and pressure pipes (seamless 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 this investigation also 
includes all products used in standard, line, or pressure pipe 
applications and meeting the physical parameters below, regardless of 
specification.
    For purposes of this investigation, 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, bevelled 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 these investigations are currently 
classifiable under subheadings 7304.10.10.20, 7304.10.50.20, 
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 this 
investigation, 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 1,000 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 

[[Page 39708]]
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 this investigation 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 this investigation. 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 this investigation.
    Specifically excluded from this investigation 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 OCTG are 
excluded from the scope of this investigation, 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. 
Finally, also excluded from this investigation 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 this 
investigation is dispositive.

Antidumping Duty Order

    On July 26, 1995, in accordance with section 735(d) of the Act, the 
U.S. International Trade Commission (ITC) notified the Department that 
imports of seamless pipe from Brazil materially injure a U.S. industry. 
Therefore, in accordance with section 736 of the Act, the Department 
will direct United States Customs officers to assess, upon further 
advice by the administering authority pursuant to section 736(a)(1) of 
the Act, antidumping duties equal to the amount by which the foreign 
market value of the merchandise exceeds the United States price for all 
entries of seamless pipe from Brazil. These antidumping duties will be 
assessed on all unliquidated entries of seamless pipes from Brazil 
entered, or withdrawn from warehouse, for consumption on or after 
January 27, 1995, the date on which the Department published its 
preliminary determination notice in the Federal Register (60 FR 5351).
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs officers must require, at the same time as 
importers would normally deposit estimated duties, the following cash 
deposits for the subject merchandise:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average 
               Manufacturer/producer/exporter                   margin  
                                                              percentage
------------------------------------------------------------------------
Mannesmann S.A..............................................      124.94
All Others..................................................      124.94
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
seamless pipe from Brazil, pursuant to section 736(a) of the Act. 
Interested parties may contact the Central Records Unit, Room B-099 of 
the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 353.21.

    Dated: July 28, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-19147 Filed 8-2-95; 8:45 am]
BILLING CODE 3510-DS-P