[Federal Register Volume 64, Number 84 (Monday, May 3, 1999)]
[Notices]
[Pages 23679-23683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11011]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-253 and 271 (Review) and 731-TA-132, 252, 
271, 273, 276-277, 296, 318, 409-410, 532-534, and 536-537 (Review)]


Certain Pipe and Tube From Argentina, Brazil, Canada, India, 
Israel, Korea, Mexico, Singapore, Taiwan, Thailand, Turkey, and 
Venezuela

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the countervailing 
duty and antidumping duty orders on certain pipe and tube from 
Argentina, Brazil,

[[Page 23680]]

Canada, India, Israel, Korea, Mexico, Singapore, Taiwan, Thailand, 
Turkey, and Venezuela.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the 
countervailing duty and antidumping duty orders on certain pipe and 
tube from Argentina, Brazil, Canada, India, Israel, Korea, Mexico, 
Singapore, Taiwan, Thailand, Turkey, and Venezuela would be likely to 
lead to continuation or recurrence of material injury. Pursuant to 
section 751(c)(2) of the Act, interested parties are requested to 
respond to this notice by submitting the information specified below to 
the Commission; 1 to be assured of consideration, the 
deadline for responses is June 22, 1999. Comments on the adequacy of 
responses may be filed with the Commission by July 16, 1999.
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    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 99-5-005, 
expiration date June 30, 1999. Public reporting burden for the 
request is estimated to average 7 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street, SW, Washington, DC 20436.
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    For further information concerning the conduct of these reviews and 
rules of general application, consult the Commission's rules of 
practice and procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent 
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are 
published at 63 FR 30599, June 5, 1998, and may be downloaded from the 
Commission's World Wide Web site at http://www.usitc.gov/rules.htm.

EFFECTIVE DATE: May 3, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera 
Libeau (202-205-3176), Office of Investigations, U.S. International 
Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

    On the dates listed below, the Department of Commerce issued 
countervailing duty and antidumping duty orders on the subject imports:

----------------------------------------------------------------------------------------------------------------
          Order date                     Product/Country                  Inv. No                F.R. cite
----------------------------------------------------------------------------------------------------------------
5/7/84........................  Small diameter carbon steel pipe  731-TA-132              49 F.R. 19369
                                 & tube/Taiwan.
3/7/86........................  Welded carbon steel pipe & tube/  701-TA-253              51 F.R. 7984
                                 Turkey.
3/7/86........................  Welded carbon steel line pipe/    701-TA-253              51 F.R. 7984
                                 Turkey.
3/11/86.......................  Welded carbon steel pipe & tube/  731-TA-252              51 F.R. 8341
                                 Thailand.
5/12/86.......................  Welded carbon steel pipe & tube/  731-TA-271              51 F.R. 17384
                                 India.
5/15/86.......................  Welded carbon steel pipe & tube/  731-TA-273              51 F.R. 17784
                                 Turkey.
6/16/86.......................  Oil country tubular goods/Canada  731-TA-276              51 F.R. 21782
6/18/86.......................  Oil country tubular goods/Taiwan  731-TA-277              51 F.R. 22098
11/13/86......................  Small diameter standard &         731-TA-296              51 F.R. 41142
                                 rectangular pipe & tube/
                                 Singapore.
3/6/87........................  Oil country tubular goods/Israel  731-TA-318              52 F.R. 7000
3/6/87........................  Oil country tubular goods/Israel  701-TA-271              52 F.R. 6999
3/27/89.......................  Light-walled rectangular tube/    731-TA-410              54 F.R. 12467
                                 Taiwan.
5/26/89.......................  Light-walled rectangular tube/    731-TA-409              54 F.R. 22794
                                 Argentina.
11/2/92.......................  Circular welded nonalloy steel    731-TA-532              57 F.R. 49453
                                 pipe/Brazil.
11/2/92.......................  Circular welded nonalloy steel    731-TA-533              57 F.R. 49453
                                 pipe/Korea.
11/2/92.......................  Circular welded nonalloy steel    731-TA-534              57 F.R. 49453
                                 pipe/Mexico.
11/2/92.......................  Circular welded nonalloy steel    731-TA-536              57 F.R. 49454
                                 pipe/Taiwan.
11/2/92.......................  Circular welded nonalloy steel    731-TA-537              57 F.R. 49453
                                 pipe/Venezuela.
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The Commission is conducting reviews to determine whether revocation of 
the orders would be likely to lead to continuation or recurrence of 
material injury to the domestic industry within a reasonably 
foreseeable time. It will assess the adequacy of interested party 
responses to this notice of institution to determine whether to conduct 
full reviews or expedited reviews. The Commission's determinations in 
any expedited reviews will be based on the facts available, which may 
include information provided in response to this notice.

Definitions

    The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Argentina, Brazil, 
Canada, India, Israel, Korea, Mexico, Singapore, Taiwan, Thailand, 
Turkey, and Venezuela.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. The Domestic 
Like Products the Commission defined in its original affirmative 
determinations are listed below:

------------------------------------------------------------------------
        Investigation                    Domestic like product
------------------------------------------------------------------------
Small diameter carbon steel    One Domestic Like Product: circular
 pipe and tube/Taiwan.          welded carbon steel pipes and tubes with
                                an outside diameter of at least 0.375
                                inch but not more than 4.5 inches.

[[Page 23681]]

 
Welded carbon steel line pipe  One Domestic Like Product: circular
 and pipe and tube/Turkey.      welded carbon steel standard pipes and
Welded carbon steel pipe and    tubes with outside diameter of at least
 tube/Thailand                  0.375 inch but not more than 16 inches.
Welded carbon steel pipe and    The countervailing duty determination
 tube/India                     with respect to Turkey found a second
                                Domestic Like Product, defined as
                                circular welded carbon steel line pipes
                                and tubes with outside diameter of at
                                least 0.375 inch but not more than 16
                                inches.
Oil country tubular goods/     Two Domestic Like Products: (1) oil
 Canada.                        country tubular goods (OCTG), i.e.,
Oil country tubular goods/      green tubes and finished, seamless and
 Taiwan                         welded, casing and tubing, and (2) drill
                                pipe. Certain Commissioners defined the
                                Domestic Like Product differently. The
                                Commission examined the impact of the
                                subject imports on all OCTG because the
                                available data in the investigations did
                                not permit the identification of drill
                                pipe as a separate industry.
Oil country tubular goods/     One Domestic Like Product: all OCTG,
 Israel.                        including drill pipe. Certain
                                Commissioners defined the Domestic Like
                                Product differently. The Commission
                                examined the impact of the subject
                                imports on all OCTG because the
                                available data in the investigations did
                                not permit the identification of drill
                                pipe as a separate industry.
Small diameter standard and    One Domestic Like Product: rectangular
 rectangular pipe and tube/     welded carbon steel pipes and tubes
 Singapore.                     having less than 0.156 inch wall
Light-walled rectangular tube/  thickness.
 Taiwan
Light-walled rectangular tube/
 Argentina
Circular welded nonalloy       One Domestic Like Product: standard and
 steel pipe/Brazil.             structural pipes and tubes, including
Circular welded nonalloy        unfinished conduit pipe.
 steel pipe/Korea
Circular welded nonalloy
 steel pipe/Mexico
Circular welded nonalloy
 steel pipe/Taiwan
Circular welded nonalloy
 steel pipe/Venezuela
------------------------------------------------------------------------

    For purposes of this notice, you should report information 
separately on each of the following Domestic Like Products: (1) 
Circular welded carbon steel pipes and tubes with an outside diameter 
of at least 0.375 inch but not more than 4.5 inches, (2) circular 
welded carbon steel standard pipes and tubes with outside diameter of 
at least 0.375 inch but not more than 16 inches, (3) circular welded 
carbon steel line pipes and tubes with outside diameter of at least 
0.375 inch but not more than 16 inches, (4) OCTG excluding drill pipe, 
i.e., green tubes and finished, seamless and welded, casing and tubing, 
(5) drill pipe, (6) OCTG including drill pipe, (7) rectangular welded 
carbon steel pipes and tubes having less than 0.156 inch wall 
thickness, and (8) standard and structural pipes and tubes, including 
unfinished conduit pipe.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. The Domestic Industries the 
Commission defined in its original determinations are listed below:

------------------------------------------------------------------------
        Investigation                      Domestic industry
------------------------------------------------------------------------
Small diameter carbon steel    One Domestic Industry: producers of
 pipe and tube/Taiwan.          circular welded carbon steel pipes and
                                tubes with an outside diameter of at
                                least 0.375 inch but not more than 4.5
                                inches.
Welded carbon steel line pipe  One Domestic Industry: producers of
 and pipe and tube/Turkey.      circular welded carbon steel standard
Welded carbon steel pipe and    pipes and tubes with outside diameter of
 tube/Thailand                  at least 0.375 inch but not more than 16
Welded carbon steel pipe and    inches. The countervailing duty
 tube/India                     determination with respect to Turkey
                                found a second Domestic Industry,
                                defined as producers of circular welded
                                carbon steel line pipes and tubes with
                                outside diameter of at least 0.375 inch
                                but not more than 16 inches.
Oil country tubular goods/     Two Domestic Industries: (1) producers of
 Canada.                        OCTG, i.e., green tubes and finished,
Oil country tubular goods/      seamless and welded, casing and tubing,
 Taiwan                         and (2) producers of drill pipe. Certain
                                Commissioners defined the Domestic
                                Industry differently. The Commission
                                examined the impact of the subject
                                imports on all OCTG because the
                                available data in the investigations did
                                not permit the identification of drill
                                pipe as a separate industry.
Oil country tubular goods/     One Domestic Industry: producers of all
 Israel.                        OCTG, including drill pipe. Certain
                                Commissioners defined the Domestic
                                Industry differently. The Commission
                                examined the impact of the subject
                                imports on all OCTG because the
                                available data in the investigations did
                                not permit the identification of drill
                                pipe as a separate industry.
Small diameter standard and    One Domestic Industry: producers of
 rectangular pipe and tube/     rectangular welded carbon steel pipes
 Singapore.                     and tubes having less than 0.156 inch
Light-walled rectangular tube/  wall thickness.
 Taiwan
Light-walled rectangular tube/
 Argentina
Circular welded nonalloy       One Domestic Industry: producers of
 steel pipe/Brazil.             standard and structural pipes and tubes,
Circular welded nonalloy        including unfinished conduit pipe.
 steel pipe/Korea
Circular welded nonalloy
 steel pipe/Mexico
Circular welded nonalloy
 steel pipe/Taiwan
Circular welded nonalloy
 steel pipe/Venezuela
------------------------------------------------------------------------

    For purposes of this notice, you should report information 
separately on each of the following Domestic Industries: (1) Producers 
of circular welded carbon steel pipes and tubes with an outside 
diameter of at least 0.375 inch but not more than 4.5 inches, (2) 
producers of circular welded carbon steel standard pipes and tubes with 
outside diameter of at least 0.375 inch but not more than 16 inches, 
(3) producers of circular welded carbon

[[Page 23682]]

steel line pipes and tubes with outside diameter of at least 0.375 inch 
but not more than 16 inches, (4) producers of OCTG excluding drill 
pipe, i.e., green tubes and finished, seamless and welded, casing and 
tubing, (5) producers of drill pipe, (6) producers of OCTG including 
drill pipe, (7) producers of rectangular welded carbon steel pipes and 
tubes having less than 0.156 inch wall thickness, and (8) producers of 
standard and structural pipes and tubes, including unfinished conduit 
pipe.
    (5) The Order Date is the date that the countervailing duty and 
antidumping duty orders under review became effective. In these 
reviews, the Order Dates are as shown in the preceding tabulation.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.

Participation in the Reviews and Public Service List

    Persons, including industrial users of the Subject Merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in Sec. 201.11(b)(4) of the Commission's rules, no later than 
21 days after publication of this notice in the Federal Register. The 
Secretary will maintain a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the reviews.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and APO Service List

    Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in these reviews available to authorized 
applicants under the APO issued in the reviews, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. Sec. 1677(9), who are 
parties to the reviews. A separate service list will be maintained by 
the Secretary for those parties authorized to receive BPI under the 
APO.

Certification

    Pursuant to Sec. 207.3 of the Commission's rules, any person 
submitting information to the Commission in connection with these 
reviews must certify that the information is accurate and complete to 
the best of the submitter's knowledge. In making the certification, the 
submitter will be deemed to consent, unless otherwise specified, for 
the Commission, its employees, and contract personnel to use the 
information provided in any other reviews or investigations of the same 
or comparable products which the Commission conducts under Title VII of 
the Act, or in internal audits and investigations relating to the 
programs and operations of the Commission pursuant to 5 U.S.C. Appendix 
3.

Written Submissions

    Pursuant to Sec. 207.61 of the Commission's rules, each interested 
party response to this notice must provide the information specified 
below. The deadline for filing such responses is June 22, 1999. 
Pursuant to Sec. 207.62(b) of the Commission's rules, eligible parties 
(as specified in Commission rule 207.62(b)(1)) may also file comments 
concerning the adequacy of responses to the notice of institution and 
whether the Commission should conduct expedited or full reviews. The 
deadline for filing such comments is July 16, 1999. All written 
submissions must conform with the provisions of Secs. 201.8 and 207.3 
of the Commission's rules and any submissions that contain BPI must 
also conform with the requirements of Secs. 201.6 and 207.7 of the 
Commission's rules. The Commission's rules do not authorize filing of 
submissions with the Secretary by facsimile or electronic means. Also, 
in accordance with Secs. 201.16(c) and 207.3 of the Commission's rules, 
each document filed by a party to the reviews must be served on all 
other parties to the reviews (as identified by either the public or APO 
service list as appropriate), and a certificate of service must 
accompany the document (if you are not a party to the reviews you do 
not need to serve your response).

Inability to Provide Requested Information

    Pursuant to Sec. 207.61(c) of the Commission's rules, any 
interested party that cannot furnish the information requested by this 
notice in the requested form and manner shall notify the Commission at 
the earliest possible time, provide a full explanation of why it cannot 
provide the requested information, and indicate alternative forms in 
which it can provide equivalent information. If an interested party 
does not provide this notification (or the Commission finds the 
explanation provided in the notification inadequate) and fails to 
provide a complete response to this notice, the Commission may take an 
adverse inference against the party pursuant to section 776(b) of the 
Act in making its determinations in the reviews.

Information To Be Provided In Response to This Notice of 
Institution

    Please provide the requested information separately for each 
Domestic Like Product, as defined above, and for each of the products 
identified by Commerce as Subject Merchandise. If you are a domestic 
producer, union/worker group, or trade/business association; import/
export Subject Merchandise from more than one Subject Country; or 
produce Subject Merchandise in more than one Subject Country, you may 
file a single response. If you do so, please ensure that your response 
to each question includes the information requested for each pertinent 
Subject Country. As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, telephone number, fax number, 
and E-mail address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product to which your response pertains, 
a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association, or another interested 
party (including an explanation). If you are a union/worker group or 
trade/business association, identify the firms in which your workers 
are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
countervailing duty and antidumping duty orders on each Domestic 
Industry for which you are filing a response in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
each Domestic Like Product for which you are filing a response. 
Identify any

[[Page 23683]]

known related parties and the nature of the relationship as defined in 
section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Countries that currently export or have exported Subject 
Merchandise to the United States or other countries since the years the 
petitions were filed. The Subject Merchandise, the Subject Countries, 
and the years the petitions were filed are listed below:

------------------------------------------------------------------------
              Subject merchandise/subject country                 Years
------------------------------------------------------------------------
Small diameter carbon steel pipe and tube/Taiwan...............     1983
Welded carbon steel pipe and tube/Turkey.......................     1985
Welded carbon steel line pipe/Turkey...........................     1985
Welded carbon steel pipe and tube/Thailand.....................     1985
Welded carbon steel pipe and tube/India........................     1985
Welded carbon steel pipe and tube/Turkey.......................     1985
Oil country tubular goods/Canada...............................     1985
Oil country tubular goods/Taiwan...............................     1985
Small diameter standard and rectangular pipe and tube/Singapore     1985
Oil country tubular goods/Israel...............................     1986
Oil country tubular goods/Israel...............................     1986
Light-walled rectangular tube/Taiwan...........................     1988
Light-walled rectangular tube/Argentina........................     1988
Circular welded nonalloy steel pipe/Brazil.....................     1991
Circular welded nonalloy steel pipe/Korea......................     1991
Circular welded nonalloy steel pipe/Mexico.....................     1991
Circular welded nonalloy steel pipe/Taiwan.....................     1991
Circular welded nonalloy steel pipe/Venezuela..................     1991
------------------------------------------------------------------------

    (7) If you are a U.S. producer of a Domestic Like Product, provide 
the following information separately on your firm's operations on each 
product during calendar year 1998 (report quantity data in short tons 
and value data in thousands of U.S. dollars, f.o.b. plant). If you are 
a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of each Domestic Like Product 
accounted for by your firm's(s'') production; and
    (b) the quantity and value of U.S. commercial shipments of each 
Domestic Like Product produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Countries, 
provide the following information on your firm's(s'') operations on 
that product during calendar year 1998 (report quantity data in short 
tons and value data in thousands of U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis, 
for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s'') imports; 
and
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Countries.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Countries, provide the following information on your 
firm's(s'') operations on that product during calendar year 1998 
(report quantity data in short tons and value data in thousands of U.S. 
dollars, landed and duty-paid at the U.S. port but not including 
antidumping or countervailing duties). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Countries accounted for by your firm's(s'') production; and
    (b) the quantity and value of your firm's(s'') exports to the 
United States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s'') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for each Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Countries since the Order Dates, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods; development efforts; ability to 
increase production (including the shift of production facilities used 
for other products and the use, cost, or availability of major inputs 
into production); and factors related to the ability to shift supply 
among different national markets (including barriers to importation in 
foreign markets or changes in market demand abroad). Demand conditions 
to consider include end uses and applications; the existence and 
availability of substitute products; and the level of competition among 
the Domestic Like Product produced in the United States, Subject 
Merchandise produced in the Subject Countries, and such merchandise 
from other countries.
    (11) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec. 207.61 of the Commission's rules.

    Issued: April 26, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-11011 Filed 4-30-99; 8:45 am]
BILLING CODE 7020-02-P