[Federal Register Volume 65, Number 216 (Tuesday, November 7, 2000)]
[Notices]
[Pages 66708-66711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28567]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-809; A-351-826; A-428-820; A-475-814]


Final Results of Expedited Sunset Reviews: Seamless Pipe From 
Argentina, Brazil, Germany, and Italy

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

ACTION: Notice of final results of expedited sunset reviews: seamless 
pipe from Argentina, Brazil, Germany, and Italy

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SUMMARY: On July 3, 2000, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty orders 
on seamless pipe from Argentina, Brazil, Germany, and Italy (65 FR 
41053), pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). On the basis of notices of intent to participate 
and adequate substantive responses filed on behalf of U.S. Steel Group, 
a unit of USX Corporation and Vision Metals, Inc., domestic interested 
parties, and inadequate response (in the Argentina, Brazil, and Germany 
cases, no response) from respondent interested parties, the Department 
determined to conduct expedited reviews. As a result of these reviews, 
the Department finds that revocation of the antidumping duty orders 
would be likely to lead to continuation or recurrence of dumping at the 
levels indicated in the Final Results of Reviews section of this 
notice.

EFFECTIVE DATE: November 7, 2000.

FOR FURTHER INFORMATION CONTACT: Becky J. Hagen or James P. Maeder, 
Jr., Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of

[[Page 66709]]

Commerce, 14th Street and Constitution Avenue, NW, Washington, D.C. 
20230; telephone: (202) 482-1277 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    These reviews were conducted pursuant to sections 751(c) and 752 of 
the Act. The Department's procedures for the conduct of sunset reviews 
are set forth in Procedures for Conducting Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
(March 20, 1998) (``Sunset Regulations''), and in 19 CFR Part 351 
(1999) in general. Guidance on methodological or analytical issues 
relevant to the Department's conduct of sunset reviews is set forth in 
the Department's Policy Bulletin 98:3--Policies Regarding the Conduct 
of Five-year (``Sunset'') Reviews of Antidumping and Countervailing 
Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset 
Policy Bulletin'').

Background

    On July 3, 2000, the Department initiated sunset reviews of the 
antidumping duty orders on Seamless Pipe from Argentina, Brazil, 
Germany, and Italy (65 FR 41053), pursuant to section 751(c) of the 
Act. The Department received a notice of intent to participate on 
behalf of U.S. Steel group, a unit of USX Corporation, and Vision 
Metals, Inc. (collectively, ``domestic interested parties''), within 
the applicable deadline (July 19, 2000) specified in section 
351.218(d)(1)(i) of the Sunset Regulations. Domestic interested parties 
claimed interested-party status under section 771(9)(C) of the Act, as 
manufacturers, producers, or wholesalers in the United States of a 
domestic like product.
    On August 2, 2000, we received substantive responses on behalf of 
domestic interested parties and Dalmine S.p.A. (``Dalmine''). Dalmine 
is an interested party in the Italian case pursuant to section 
771(9)(A) of the Act as a foreign producer and exporter of the subject 
merchandise. We also received a statement of waiver of participation 
from the sole respondent in the German case, Mannesmannrohren-Werke AG 
and Mannesmann Pipe & Steel Corporation (collectively ``Mannesmann'') 
on August 2, 2000.
    On August 7, 2000, we received rebuttal comments on behalf of 
domestic interested parties in response to Dalmine's substantive 
response. On August 10, 2000, we accepted additional comments.

Scope of Reviews of Seamless Pipe from Argentina, Germany, and 
Italy

    The sunset reviews on imports from Argentina, Germany, and Italy 
cover 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 
these reviews also includes all products used in standard, line, or 
pressure pipe applications and meeting the physical parameters 
described below, regardless of specification. For purposes of these 
reviews, 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 reviews 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 these reviews, 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 these reviews 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

[[Page 66710]]

review. 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 review.
    Specifically excluded from these reviews 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 these reviews, 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 these reviews are redraw hollows for cold-drawing 
when used in the production of cold-drawn pipe or tube.

Scope of Review on Brazil

    The sunset review on imports from Brazil covers 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 review also includes all 
products used in standard, line, or pressure pipe applications and 
meeting the physical parameters described below, regardless of 
specification.
    For purposes of this review, 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 this review 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 HTSUS. The following information further defines 
the scope of this review, 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 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 review 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 
review. 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 review. Specifically excluded from this review 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 review, if covered by the scope of 
another antidumping duty order from the same country. If not covered by 
such an OCTG review, finished and unfinished OCTG are included in this 
scope when used in standard, line or pressure applications. Finally, 
also excluded from this review are redraw hollows for cold-drawing when 
used in the production of cold-drawn pipe or tube.

[[Page 66711]]

    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of this review 
(amended as indicated below) is dispositive. Excluded from the review, 
as a result of a changed circumstances review (63 FR 37338 (July 10, 
1998)) are the following: shipments of 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 
or manufacturing process (hot-finished or cold-drawn) that (1) has been 
cut into lengths of six to 120 inches, (2) has had the inside bore 
ground to a smooth surface, (3) has had multiple layers of specially 
formulated corrosion resistant glass permanently baked on at 
temperatures of 1,440 to 1,700 degrees Fahrenheit in thicknesses from 
0.032 to 0.085 inch (40 to 80 mils), and (4) has flanges or other 
forged stub ends welded on both ends of the pipe. The special corrosion 
resistant glass referred to in this definition may be glass containing 
by weight (1) 70 to 80 percent of an oxide of silicone, zirconium, 
titanium or cerium (Oxide Group RO sub2 ), (2) 10 to 15 percent of an 
oxide of sodium, potassium, or lithium (Oxide Group RO), (3) from a 
trace amount to 5 percent of an oxide of either aluminum, cobalt, iron, 
vanadium, or boron (Oxide Group R sub2 O sub3 , or (4) from a trace 
amount to 5 percent of a fluorine compound in which fluorine replaces 
the oxygen in any one of the previously listed oxide groups. These 
glass-lined pressure pipes are commonly manufactured for use in glass-
lined equipment systems for processing corrosive or reactive chemicals, 
including acrylates, alkanolamines, herbicides, pesticides, 
pharmaceuticals and solvents. The glass-lined pressure pipes subject to 
the changed circumstances review are currently classifiable under 
subheadings 7304.39.0020, 7304.39.0024 and 7304.39.0028 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
subheadings are provided for convenience and U.S. Customs' purposes 
only. The written description of the excluded products remains 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these sunset reviews are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from Jeffrey A. May, Director, 
Office of Policy, Import Administration, to Troy H. Cribb, Acting 
Assistant Secretary for Import Administration, dated October 31, 2000, 
which is hereby adopted by this notice. The issues discussed in the 
Decision Memorandum include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margins likely to 
prevail were the orders revoked. Parties can find a complete discussion 
of all issues raised in these reviews and the corresponding 
recommendations in this public memorandum which is on file in the 
Central Records Unit, room B-099, of the main Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``October 2000.'' The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
Seamless Pipe from Argentina, Brazil, Germany, and Italy would likely 
lead to continuation or recurrence of dumping at the following 
percentage weighted-average margins:

------------------------------------------------------------------------
                                                              Margin
            Country               Manufacturer/exporter      (percent)
------------------------------------------------------------------------
Argentina......................  Siderca S.A.I.C........          108.13
                                 All Others.............          108.13
Brazil.........................  Mannesmann S.A.........          124.94
                                 All Others.............          124.94
Germany........................  Mannesmannrohren-Werke            57.72
                                  AG.
                                 All Others.............           57.72
Italy..........................  Dalmine................            1.27
                                 All Others.............            1.27
------------------------------------------------------------------------

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305 of the Department's regulations. 
Timely notification of return/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.
    These five-year (``sunset'') reviews and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 31, 2000.
Troy H. Cribb,
Assistant Secretary for Import Administration.
[FR Doc. 00-28567 Filed 11-6-00; 8:45 am]
BILLING CODE 3510-DS-P