[Federal Register Volume 65, Number 163 (Tuesday, August 22, 2000)]
[Notices]
[Pages 50955-50958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21397]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-802, A-583-803, A-351-809, A-580-809, A-201-805, A-583-814, A-
533-502, A-549-502, A-489-501, A-583-008]


Continuation of Antidumping Duty Orders: Light-Walled Rectangular 
Welded Carbon Steel Pipe and Tube From Argentina and Taiwan; Circular 
Welded Non-Alloy Steel Pipe and Tube from Brazil, Korea, Mexico, and 
Taiwan; Welded Carbon Steel Pipe and Tube From India, Thailand, and 
Turkey; and Small Diameter Standard and Rectangular Steel Pipe and Tube 
From Taiwan

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

ACTION: Notice of continuation of antidumping duty orders: Light-walled 
rectangular welded carbon steel pipe and tube from Argentina and 
Taiwan; circular welded non-alloy steel pipe and tube from Brazil, 
India, Korea, Mexico and Taiwan; welded carbon steel pipe and tube from 
India, Thailand, and Turkey; and small diameter standard and 
rectangular pipe and tube from Taiwan.

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SUMMARY: On December 1, 1999 and December 3, 1999, the Department of 
Commerce (``the Department''), pursuant to sections 751(c) and 752 of 
the Tariff Act of 1930, as amended (``the Act''), determined that 
revocation of the antidumping duty orders on (1) light-walled 
rectangular welded carbon steel pipe and tube from Argentina and 
Taiwan, (2) circular welded non-alloy steel pipe and tube from Brazil, 
Korea, Mexico, and Taiwan, (3) welded carbon steel pipe and tube from 
India, Thailand, and Turkey, and (4) small diameter standard and 
rectangular pipe and tube from Taiwan is likely to lead to continuation 
or recurrence of dumping. See 64 FR 67870; 67871; 67854; 67879; 67252, 
67876, 67873.
    On August 9, 2000, the International Trade Commission (``the 
Commission''), pursuant to section 751(c) of the Act, determined that 
revocation of the antidumping duty orders on light-walled rectangular 
welded carbon steel

[[Page 50956]]

pipe and tube from Argentina and Taiwan; circular welded non-alloy 
steel pipe and tube from Brazil, Korea, Mexico, Taiwan; welded carbon 
steel pipe and tube from India, Thailand, and Turkey; and small 
diameter standard and rectangular pipe and tube from Taiwan would be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time. See 
65 FR 48733 (August 9, 2000). Therefore, pursuant to 19 CFR 
351.218(f)(4), the Department is publishing notice of continuation of 
the antidumping duty orders on light-walled rectangular welded carbon 
steel pipe and tube from Argentina and Taiwan; circular welded non-
alloy steel pipe and tube from Brazil, Korea, Mexico, and Taiwan; 
welded carbon steel pipe and tube from India, Thailand and Turkey; and 
small diameter carbon steel pipe and tube from Taiwan.

EFFECTIVE DATE OF CONTINUATION:  August 22, 2000.

FOR FURTHER INFORMATION CONTACT:  Martha V. Douthit or James P. Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, D.C. 20230; telephone: (202) 482-
5050 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 3, 1999, the Department initiated, and the Commission 
instituted sunset reviews (64 FR 23596 and 64 FR 23679 ) of the 
antidumping duty orders on light-walled rectangular welded carbon steel 
pipe and tube from Argentina and Taiwan; circular welded non-alloy 
steel pipe and tube from Brazil, Korea, Mexico, and Taiwan; welded 
carbon steel pipe and tube from India, Thailand, and Turkey; and small 
diameter carbon steel pipe and tube from Taiwan pursuant to section 
751(c) of the Act. As a result of its reviews, the Department found on 
December 3, 1999, that revocation of the antidumping duty orders on 
light-walled rectangular welded carbon steel pipe and tube from 
Argentina and Taiwan; circular welded non-alloy steel pipe and tube 
from Brazil, Korea, Mexico, and Taiwan; welded carbon steel pipe and 
tube from India, Thailand, and Turkey; and small diameter carbon steel 
pipe and tube from Taiwan would likely lead to continuation or 
recurrence of dumping and notified the Commission of the magnitude of 
the margins likely to prevail were the order revoked. See 64 FR 67870; 
67871; 67854; 67879; 67252, 67876, 67873.
    On August 9, 2000, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty orders on 
light-walled rectangular welded carbon steel pipe and tube from 
Argentina and Taiwan; circular welded non-alloy steel pipe and tube 
from Brazil, Korea, Mexico, and Taiwan; welded carbon steel pipe and 
tube from India, Thailand, and Turkey; and small diameter carbon steel 
pipe and tube from Taiwan would be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Certain Pipe and Tube from 
Argentina, Brazil, Canada, India, Korea, Mexico, Singapore, Taiwan, 
Thailand, Turkey, and Venezuela, 65 FR 48733 (August 9, 2000) and USITC 
Publication 3316, Investigation No. 731-TA-409, 532, 271, 533, 534, 
132, 410, 536, 253, 252 (Review)(July 2000).

Scope of the Orders

    See Appendix.

Determination

    As a result of the determination by the Department and the 
Commission that revocation of the antidumping duty orders would be 
likely to 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 and 19 CFR 351.222(i)(1), the Department hereby 
orders the continuation of the antidumping duty orders on light-walled 
rectangular welded carbon steel pipe and tube from Argentina and 
Taiwan; circular welded non-alloy steel pipe and tube from Brazil, 
Korea, Mexico, and Taiwan; welded carbon steel pipe and tube from 
India, Thailand, Turkey; and small diameter carbon steel pipe and tube 
from Taiwan.
    The Department will instruct the U.S. Customs Service to continue 
to collect antidumping duty deposits at the rates in effect at the time 
of entry for all imports of subject merchandise. The effective date of 
continuation of these orders will be the date of publication in the 
Federal Register of this notice. Pursuant to section 751(c)(2) and 751 
(c)(6) of the Act, the Department intends to initiate the next five-
year review of the orders on light-walled rectangular welded carbon 
steel pipe and tube from Argentina and Taiwan; circular welded non-
alloy steel pipe and tube from Brazil, Korea, Mexico, and Taiwan; 
welded carbon steel pipe and tube from India, Thailand, and Turkey; and 
small diameter carbon steel pipe and tube from Taiwan not later than 
July 2005.

    Dated: August 16, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix--Scope of the Orders

Argentina--Light-Walled Rectangular Welded Carbon Steel Pipe and 
Tube (A-357-802)

    The merchandise subject to this antidumping duty order is light-
walled welded carbon steel tubing of rectangular (including square) 
cross-section, having a wall thickness of less than 0.156 inch, from 
Argentina. The subject merchandise is classifiable under item 
7306.60.50.00 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS item number is provided for 
convenience and U.S. customs purposes, the written description 
remains dispositive. This review covers imports from all producers 
and exporters of light-walled welded carbon steel tubing from 
Argentina.

Taiwan--Light-Walled Rectangular Welded Carbon Steel Pipe and Tube 
(A-583-803)

    The subject merchandise covered by the antidumping duty order on 
Taiwan includes shipments of light-walled welded carbon steel pipe 
and tube of rectangular (including square) cross-section having a 
wall thickness of less than 0.156 inch. The subject merchandise is 
classifiable under item number 7306.60.50.00 of the HTSUS. Although 
the HTSUS item number is provided for convenience and customs 
purposes, the written description remains dispositive.

India--Welded Carbon Steel Pipe and Tube (A-533-502)

    The products covered by this antidumping duty order include 
circular welded non-alloy steel pipe and tube, of circular cross-
section, but not more than 406.4 millimeters (16 inches) in outside 
diameter, regardless of wall thickness, surface finish (black, 
galvanized, or painted), or end finish (plain end, beveled end, 
threaded, or threaded and coupled). These pipe and tube are 
generally known as standard pipe, though they may also be called 
structural or mechanical tubing in certain applications. Standard 
pipe and tube are intended for the low-pressure conveyance of water, 
steam, natural gas, air and other liquids and gases in plumbing and 
heating systems, air-conditioner units, automatic sprinkler systems, 
and other related uses. Standard pipe may also be used for light 
load-bearing and mechanical applications, such as for fence tubing, 
and for protection of electrical wiring, such as conduit shells. The 
scope is not limited to standard pipe and fence tubing or those 
types of mechanical and structural pipe that are used in standard 
pipe applications. All carbon-steel pipe and tube within the 
physical description outlined above are included in the scope of 
this order, except for line pipe, oil-country tubular goods, boiler 
tubing, cold-drawn or cold-rolled mechanical tubing, pipe and tube 
hollows for redraws,

[[Page 50957]]

finished scaffolding, and finished rigid conduit. Imports of the 
products covered by this order are currently classifiable under the 
following HTSUS subheadings: 7306.30.10.00, 7306.30.50.25, 
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 
7306.30.50.90. Although, the HTSUS item numbers are provided for 
convenience and customs purposes, the Department's written 
description of the scope of this order remains dispositive.

Thailand--Welded Carbon Steel Pipe and Tube (A-549-502)

    The merchandise subject to this antidumping duty order is 
certain circular welded carbon steel pipe and tube, commonly 
referred to in the industry as ``standard pipe'' or ``structural 
tubing,'' with walls not thinner than 0.065 inches, and 0.375 inches 
or more, but not over 16 inches in outside diameter. The subject 
merchandise was classifiable under items 610.3231, 610.3234, 
610.3241, 610.3242, 610.3243, and 610.3252, 610.3254, 610.3256, 
610.3258, 610.4925 of the TSUSA; currently, it is classifiable under 
item numbers 7306.30.1000, 7306.30.5025, 7306.30.5032, and 
7306.30.5040, 7306.30.5055, 7306.30.5805 and 7306.30.5090 of the 
HTSUS. Although the TSUSA and HTSUS item numbers are provided for 
convenience and customs purposes, the written description remains 
dispositive. There was one scope ruling in which British Standard 
light pipe 387/67, Class A-1 was found to be within the scope of the 
order per remand (58 FR 27542, May 10, 1993).

Turkey--Welded Carbon Steel Pipe and Tube (A-489-501)

    The products covered by this antidumping duty order include 
circular welded non-alloy steel pipe and tube, of circular cross-
section, not more than 16 inches in outside diameter, regardless of 
wall thickness, surface finish (black, galvanized, or painted) or 
end finish (plain end, beveled end, threaded, or threaded and 
coupled). These pipe and tube are generally known as standard pipe, 
though they may also be called structural or mechanical tubing in 
certain applications. Standard pipe and tube are intended for the 
low-pressure conveyance of water, steam, natural gas, air and other 
liquids and gases in plumbing and heating systems, air-conditioner 
units, automatic sprinkler systems, and other related uses. Standard 
pipe may also be used for light load-bearing and mechanical 
applications, such as for fence tubing, and for protections of 
electrical wiring, such as conduit shells. The scope is not limited 
to standard pipe and fence tubing or those types of mechanical and 
structural pipe that are used in standard pipe applications. All 
carbon steel pipe and tube within the physical description outline 
above are included in the scope of this review, except for line 
pipe, oil country tubular goods, boiler tubing, cold-drawn or cold-
rolled mechanical tubing, pipe and tube hollows for redraws, 
finished scaffolding, and finished rigid conduit. The subject 
merchandise was classifiable under items 610.3231, 610.3234, 
610.3241, 610.3242, 610.3243, and 610.3252, 610.3254, 610.3256, 
610.3258, 610.4925 of the TSUSA; currently, it is classifiable under 
item numbers 7306.30.1000, 7306.30.5025, 7306.30.5032, and 
7306.30.5040, 7306.30.5055, 7306.30.5805 and 7306.30.5090 of the 
HTSUS. Although the TSUSA and HTSUS item numbers are provided for 
convenience and customs purposes, the written description remains 
dispositive.

Brazil, Korea and Mexico--Circular Welded Non-Alloy Steel Pipe and 
Tube (A-351-809, A-580-809, A-201-805)

    The merchandise subject to these antidumping duty orders is 
circular welded non-alloy steel pipe and tube from Brazil, Korea, 
and Mexico. The product consists of circular cross-section, not more 
than 406.4mm (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, galvanized, or painted), or end 
finish (plain end, beveled end, threaded, or threaded and coupled). 
These pipe and tube are generally known as standard pipe and tube 
and are intended for the low-pressure conveyance of water, steam, 
natural gas, air and other liquids and gases in plumbing and heating 
systems, air-conditioning units, automatic sprinkler systems, and 
other related uses. Standard pipe may also be used for light load-
bearing applications, such as for fence tubing, and as structural 
pipe tubing used for framing and as support members for 
reconstruction or load-bearing purposes in the construction, 
shipbuilding, trucking, farm equipment, and other related 
industries. Unfinished conduit pipe is also included in this order. 
All carbon-steel pipe and tube within the physical description 
outlined above are included within the scope of these orders, except 
line pipe, oil country tubular goods, boiler tubing, mechanical 
tubing, pipe and tube hollows for redraws, finished scaffolding, and 
finished conduit. Standard pipe that is dual or triple certified/
stenciled that enters the United States as line pipe of a kind used 
for oil and gas pipelines is also not included in this order. 
Imports of the products covered by these orders are currently 
classifiable under the following HTSUS subheadings: 7306.30.10.00, 
7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 
7306.30.50.85, 7306.30.50.90. Although the HTSUS subheadings are 
provided for convenience and customs purposes, our written 
description of the scope of these orders is dispositive.
    Scope Clarification: On March 21, 1996, in a final scope ruling, 
the Department determined that: (i) Pipe certified to the API 5L 
line pipe specification, and (ii) pipe certified to both the API 5L 
line pipe specifications and the less-stringent ASTM A-53 standard 
pipe specifications which fall within the physical parameters 
outlined in the scope of the orders and enter as line pipe of a kind 
used for oil and gas pipelines are outside the scope of the 
antidumping duty orders on certain welded carbon steel non-alloy 
pipe from Brazil, Korea, and Mexico, irrespective of end use. 
Mexico--On December 31, 1995, Tubacero International Corporation 
requested clarification to determine whether circular welded carbon 
steel piping, 16 inches in outside diameter with \3/8\ inch wall 
thickness, for use in extremely heavy load bearing applications, is 
within the scope of the order. On April 25, 1996, the Department 
determined that circular welded carbon steel piping, 16 inches in 
outside diameter with \3/8\ inch wall thickness, for use in 
extremely heavy load bearing applications, is within the scope of 
the order (see Notice of Scope Rulings, 61 FR 18381 (April 25, 
1996)).
    Mexico--Cierra Pipe, Incorporated submitted a request for a 
scope clarification of the subject merchandise to determine whether 
line pipe ``shorts'', or ``old line pipe'' which has rusted and 
pitted after sitting in storage, constitute line pipe of a kind used 
for oil and gas pipelines or is pipe and tubed covered by the order 
(see 63 FR 59544 (November 4, 1998).
    On November 19, 1998, the Department determined that (Certain 
Circular Welded Non-Alloy Steel Pipe; Galvak, S.A. de C.V.) circular 
welded non-alloy steel pipe manufactured to ASTM A-787 
specifications is within the scope.

Taiwan--Circular Welded Non-Alloy Steel Pipe and Tube (A-583-814)

    The products covered by this order are: (1) Circular welded non-
alloy steel pipes and tubes, of circular cross-section over 114.3 
millimeters (4.5 inches), but not over 406.4 millimeters (16 inches) 
in outside diameter, with a wall thickness of 1.65 millimeters 
(0.065 inches) or more, regardless of surface finish (black, 
galvanized, or painted), or end finish (plain end, beveled end, 
threaded, or threaded and coupled); and (2) circular welded non-
alloy steel pipe and tube, of circular cross-section less than 406.4 
millimeters (16 inches), with a wall thickness of less than 1.65 
millimeters (0.065 inches), regardless of surface finish (black, 
galvanized, or painted) or end finish (plain end, beveled end, 
threaded, or threaded and coupled). These pipe and tube are 
generally known as standard pipe and tube and are intended for the 
low pressure conveyance of water, steam, natural gas, air, and other 
liquids and gases in plumbing and heating systems, air-conditioning 
units, automatic sprinkler systems, and other related uses, and 
generally meet ASTM A-53 specifications. Standard pipe may also be 
used for light load-bearing applications, such as for fence tubing, 
and as structural pipe tubing used for framing and support members 
for construction or load-bearing purposes in the construction, 
shipbuilding, trucking, farm equipment, and related industries. 
Unfinished conduit pipe is also included in these orders. All carbon 
steel pipe and tube within the physical description outlined above 
are included within the scope of this order, except line pipe, oil 
country tubular goods, boiler tubing, mechanical tubing, pipe and 
tube hollows for redraws, finished scaffolding, and finished 
conduit. Standard pipe that is dual or triple certified/stenciled 
that enters the United States as line pipe of a kind used for oil 
and gas pipelines is also not included in this order. Imports of the 
products covered by this order are currently classifiable under the 
following HTS subheadings: 7306.30.10.00, 7306.30,50.25, 
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, 
7306.30.50.90. The written

[[Page 50958]]

description of the scope of this order is dispositive.

Taiwan--Small Diameter Carbon Steel Pipe and Tube (circular welded 
carbon steel pipe and tube) (A-583-008)

    Imports covered by this order are shipments of certain circular 
welded carbon steel pipe and tube. The Department defines such 
merchandise as welded carbon steel pipe and tube of circular cross 
section, with walls not thinner than 0.065 inch and 0.375 inch or 
more but not over 4\1/2\ inches in outside diameter. These products 
are commonly referred to as ``standard pipe'' and are produced to 
various American Society for Testing Materials Specifications, most 
notably A-53, A-120, or A-135. Standard pipe is currently classified 
under HTSUS item numbers 7306.30.5025, 7306.30.5032, 7306.30.5040, 
and 7306.30.5055. Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
merchandise under this order is dispositive.

[FR Doc. 00-21397 Filed 8-21-00; 8:45 am]
BILLING CODE 3510-DS-P