[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Notices]
[Pages 40568-40571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19694]



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DEPARTMENT OF COMMERCE
International Trade Administration


Revocation of Countervailing Duty Orders

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

ACTION: Notice of revocation of countervailing duty orders.

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SUMMARY: Pursuant to section 753(b)(4) of the Tariff Act of 1930, as 
amended (the Act), the International Trade Commission (the Commission) 
has issued a negative injury determination with respect to each of the 
countervailing duty orders listed in the Appendix to this notice. 
Therefore, pursuant to section 753(b)(3)(B) of the Act, the Department 
of Commerce (the Department) is notifying the public of its revocation 
of these countervailing duty orders.

EFFECTIVE DATE: August 9, 1995.

FOR FURTHER INFORMATION CONTACT: Stephen Lebowitz or Cameron Cardozo, 
Office of Countervailing Compliance, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On May 26, 1995, the Department published a notice in the Federal 
Register which informed domestic interested parties of their right 
under section 753(a) of the Act to request an injury investigation from 
the Commission with respect to certain outstanding countervailing duty 
orders issued pursuant to former section 303 of the Act. Countervailing 
Duty Order; Opportunity To Request a Section 753 Injury Investigation, 
60 FR 27693 (May 26, 1995), amended 60 FR 32942 (June 26, 1995). In 
conjunction with this notice, the Department sent letters to domestic 
interested parties notifying them of their right to request an injury 
investigation covering the subject orders pursuant to section 753(a) of 
the Act. The notice and letter advised parties that failure to submit a 
timely request for an injury investigation would result in the 
revocation of the subject order(s).
    The Commission has notified the Department that it did not receive 
a timely request under section 753(a) covering any of the 
countervailing duty orders listed in the Appendix and, therefore, a 
negative injury determination has been made with respect to these 
orders pursuant to section 753(b)(4) of the Act. 19 U.S.C. 1675b(b)(4). 
As a result, the Department hereby revokes these countervailing duty 
orders pursuant to section 753(b)(3)(B) of the Act and will refund, 
with interest, any estimated countervailing duties collected since 
January 1, 1995, the period during which liquidation was suspended 
pursuant to section 753(a)(4) of the Act.1

    \1\ At the time the order on Ferrosilicon from Venezuela was 
issued, part of the merchandise (non-dutiable) covered by the order 
was subject to the requirement of an affirmative determination of 
material injury under section 303 of the Act. See ``Notice of 
Opportunity to Request a Section 753 Injury Investigation,'' 60 FR 
27963, at 27964 column 3, footnote 1 (May 26, 1995). The Department, 
therefore, partially revokes the order on Ferrosilicon from 
Venezuela with respect to subject merchandise entered on or after 
January 1, 1995 under the following HTS numbers: 7202.21.7500 and 
7202.21.9000. The order remains in effect with respect to all 
subject merchandise entered under the following HTS numbers: 
7202.21.1000, 7202.21.5000, 7202.29.0010, 7202.29.0050. 

[[Page 40569]]

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    Dated: August 3, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.

                                Appendix                                
------------------------------------------------------------------------
        Country              Case name/number        Date/FR of order   
------------------------------------------------------------------------
Argentina..............  Apparel (C-357-404)....  3/12/85; 50 FR 9846   
Argentina..............  Carbon Steel--Cold-      4/26/84; 49 FR 18006  
                          Rolled Flat Products                          
                          (C-357-005).                                  
Argentina..............  Leather Wearing Apparel  3/18/83; 48 FR 11480  
                          (C-357-001).                                  
Argentina..............  Line Pipe (C-357-801)..  9/27/88; 53 FR 37619  
Argentina..............  Non-Rubber Footwear (C-  1/17/79; 44 FR 3474   
                          357-052).                                     
Argentina..............  Standard Pipe (C-357-    9/27/88; 53 FR 37619  
                          801).                                         
Argentina..............  Textile Mill Products    3/12/85; 50 FR 9846   
                          (C-357-404).                                  
Argentina..............  Tubing, Heavy-Walled     9/27/88; 53 FR 37619  
                          Rectangular (C-357-                           
                          801).                                         
Argentina..............  Tubing, Light-Walled     9/27/88; 53 FR 37619  
                          Rectangular (C-357-                           
                          801).                                         
Malaysia...............  Wire Rod, Carbon Steel   4/22/88; 53 FR 13303  
                          (C-557-701).                                  
Mexico.................  Ceramic Tile (C-201-     5/10/82; 47 FR 20012  
                          003).                                         
Mexico.................  Leather Wearing Apparel  4/10/81; 46 FR 21357  
                          (C-201-001).                                  
Mexico.................  Textile Mill Products    3/18/85; 50 FR 10824  
                          (C-201-405).                                  
New Zealand............  Brazing Copper Rod &     8/5/85; 50 FR 31638   
                          Wire (C-614-501).                             
New Zealand............  Steel Wire (C-614-601).  9/2/86; 51 FR 31156   
New Zealand............  Steel Wire Nails (C-614- 10/5/87; 52 FR 37196  
                          701).                                         
New Zealand............  Wire Rod, Carbon Steel   3/7/86; 51 FR 7971    
                          (C-614-504).                                  
Peru...................  Cotton Sheeting and      2/1/83; 48 FR 4501    
                          Sateen (C-333-001).                           
Peru...................  Cotton Yarn (C-333-002)  2/1/83; 48 FR 4508    
Peru...................  Rebar (C-333-502)......  11/27/85; 50 FR 48819 
Peru...................  Textile Mill Products    3/12/85; 50 FR 9871   
                          (C-333-402).                                  
South Africa...........  Ferrochrome (C-791-001)  4/9/81; 46 FR 21155   
Sri Lanka..............  Textile Mill Products    3/12/85; 50 FR 9826   
                          (C-542-401).                                  
Thailand...............  Apparel (C-549-401)....  3/12/85; 50 FR 9818   
Thailand...............  Butt-Weld Pipe Fittings  1/18/90; 55 FR 1695   
                          (C-549-804).                                  
Thailand...............  Malleable Iron Pipe      2/10/89; 54 FR 6439   
                          Fittings (C-549-803).                         
Thailand...............  Pipe and Tube (C-549-    8/14/85; 50 FR 32751  
                          501).                                         
Thailand...............  Rice (C-549-503).......  4/10/86; 51 FR 12356  
Thailand...............  Steel Wire Nails (C-549- 10/2/87; 52 FR 36987  
                          701).                                         
Venezuela..............  Circular Welded          9/17/92; 57 FR 42964  
                          Nonalloy Steel Pipe (C-                       
                          307-806).                                     
Venezuela..............  Ferrosilicon (C-307-     5/10/93; 58 FR 30770  
                          808) 1.                                       
------------------------------------------------------------------------
/1/ This is only a partial revocation pertaining to entries under the   
  following HTS numbers: 7202.21.7500 and 7202.21.9000. An order still  
  remains on Ferrosilicon from Venezuela, covering the following HTS    
  numbers: 7202.21.1000, 7202.21.5000, 7202.29.0010, and 7202.29.0050.  

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DEPARTMENT OF COMMERCE
[C-475-815]

Notice of Countervailing Duty Order: Small Diameter Circular 
Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe 
(``Seamless Pipe'') From Italy

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

EFFECTIVE DATE: August 8, 1995.

FOR FURTHER INFORMATION CONTACT: Peter Wilkniss, Office of 
Countervailing Investigations, Import Administration, U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, D.C. 
20230; telephone (202) 482-0588.

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.

Scope of Investigation and Order

    The scope of this investigation and order 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 and 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 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 

[[Page 40570]]
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 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 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 countervailing 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.

Countervailing Duty Order

    In accordance with section 705(a) of the Tariff Act of 1930, as 
amended (the Act) (19 U.S.C. 1671(a)), on June 12, 1995, the Department 
made its final determination that producers or exporters of seamless 
pipe in Italy receive benefits which constitute subsidies within the 
meaning of the countervailing duty law (60 FR 31992, June 19, 1995). On 
July 26, 1995, in accordance with section 705(d) of the Act, the U.S. 
International Trade Commission (ITC) notified the Department that 
imports of seamless pipe from Italy materially injure a U.S. industry.
    Therefore, in accordance with sections 706 and 751 of the Act (19 
U.S.C. sections 1671e and 1675), the Department hereby directs United 
States Customs officers to assess, upon further advice by the 
administering authority pursuant to sections 706(a)(1) and 751 of the 
Act, countervailing duties equal to the amount of the estimated net 
subsidy on all entries of seamless pipe from Italy. These 
countervailing duties will be assessed on all unliquidated entries of 
seamless pipe from Italy entered, or withdrawn from warehouse, for 
consumption on or after November 28, 1994, the date on which the 
Department published its preliminary determination notice in the 
Federal Register (59 FR 60774), and before March 28, 1995, the date on 
which we instructed the U.S. Customs Service to discontinue the 
suspension of liquidation, and all entries and withdrawals for 
consumption made on or after the date of publication of this order in 
the Federal Register. Entries of seamless pipe made on or after March 
28, 1995, and prior to the date of publication of this order in the 
Federal Register are not subject to the assessment of countervailing 
duties since we cannot suspend liquidation of the subject merchandise, 
begun on November 28, 1994, for more than 120 days without the issuance 
of a final affirmative ITC injury determination.
    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 of this merchandise, 
the following cash deposit for seamless pipe from Italy. 

[[Page 40571]]


Seamless Pipe

    Country-Wide Ad Valorem rate 1.47 percent.
    This notice constitutes the countervailing duty order with respect 
to seamless pipe from Italy, pursuant to section 706 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 
countervailing duty orders currently in effect.
    This order is published in accordance with section 706 of the Act 
and 19 CFR 355.21.

    Dated: August 2, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-19694 Filed 8-8-95; 8:45 am]
BILLING CODE 3510-DS-P