[Federal Register Volume 66, Number 136 (Monday, July 16, 2001)]
[Notices]
[Pages 37004-37007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17716]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-809][A-351-826][A-428-820]


Continuation of Antidumping Duty Orders: Certain Seamless Carbon 
and Alloy Steel Standard, Line and Pressure Pipe From Argentina, 
Brazil, and Germany

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

ACTION: Notice of continuation of antidumping duty orders: certain 
seamless carbon and alloy steel standard, line and pressure pipe from 
Argentina, Brazil, and Germany.

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SUMMARY: On November 7, 2000, the Department of Commerce (``the 
Department''), pursuant to sections 751(c) and 752 (c) of the Tariff 
Act of 1930, as amended (``the Act''), determined that revocation of 
the antidumping duty orders on certain seamless carbon and alloy steel 
standard, line and pressure pipe (``seamless pipe'') from Argentina, 
Brazil, and Germany would be likely to lead to continuation or 
recurrence of dumping (65 FR 66708).
    On June 29, 2001, the International Trade Commission (``the 
Commission''), pursuant to section 751(c) of the Act, determined that 
revocation of the antidumping duty orders on seamless pipe from 
Argentina, Brazil, and Germany would be likely to lead to continuation 
or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable

[[Page 37005]]

time (66 FR 34717). Therefore, pursuant to 751(d)(2) of the Act and 19 
CFR 351.218(f)(4), the Department is publishing this notice of the 
continuation of the antidumping duty orders on seamless pipe from 
Argentina, Brazil, and Germany.

DATES: Effective Date: July 16, 2001.

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, DC 20230; telephone: (202) 482-5050 
or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 3, 2000, the Department initiated (65 FR 41053), and the 
Commission instituted (65 FR 41090), sunset reviews of the antidumping 
duty orders on seamless pipe from Argentina, Brazil, and Germany, 
pursuant to section 751(c) of the Act. As a result of its reviews, the 
Department found that revocation of the antidumping duty orders would 
be likely to lead to continuation or recurrence of dumping and notified 
the Commission of the magnitude of the margins likely to prevail were 
the orders revoked. See Final Results of Expedited Sunset Reviews: 
Seamless Pipe From Argentina, Brazil, Germany, and Italy, 65 FR 66708 
(November 7, 2000).
    On June 29, 2001, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty orders on 
seamless pipe from Argentina, Brazil, and Germany 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 
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From 
Argentina, Brazil, Germany, and Italy, 66 FR 34717 (June 29, 2001) and 
USITC Publication 3429 (June 2001), Investigation Nos. 701-TA-362 and 
731-TA-707-710 (Reviews).
    Scope of Orders: See Appendix Determinations:
    As a result of the determinations 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, the Department hereby orders the continuation of 
the antidumping duty orders on seamless pipefrom Argentina, Brazil, and 
Germany. The effective date of continuation of these orders will be the 
date of publication in the Federal Register of this Notice of 
Continuation. Pursuant to section 751(c)(2) and 751(c)(6) of the Act, 
the Department intends to initiate the next five-year review of these 
orders not later than June 2006.

    Dated: July 6, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

Scope of Orders: Argentina (A-357-809) and Germany (A-428-820)

    The antidumping duty orders on imports from Argentina and Germany, 
cover small diameter seamless carbon and alloy standard, line, and 
pressure pipes (``seamless pipes'') produced to the American Standard 
for Testing and Materials (``ASTM'') standards A-335, A-106, A-53, and 
American Petroleum Institute (``API'') standard API 5L specifications 
and meeting the physical parameters described below, regardless of 
application. The scope of these orders also include all products used 
in standard, line, or pressure pipe applications and meeting the 
physical parameters described below, regardless of specification. For 
purposes of these orders, 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 orders 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 orders, 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 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

[[Page 37006]]

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 orders 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 these orders. 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 these orders.
    Specifically excluded from the scope of these orders 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 these orders, 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 these orders 
when used in standard, line or pressure applications. Finally, also 
excluded from these orders 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 these orders is dispositive.

Scope of Order: Brazil (A-351-826)

    The antidumping duty order 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 order 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 the scope of this order, 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 order 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 
order, 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 ASTM 
standard A-106 may be used in temperatures of up to 1,000 degrees 
Fahrenheit, at various 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 order 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 order. 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 order. 
Specifically excluded from this order are boiler tubing and

[[Page 37007]]

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 order, 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 the 
scope of this order when used in standard, line or pressure 
applications. Finally, also excluded from the scope of this order 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 order 
(amended as indicated below) is dispositive. Excluded from the scope of 
this order, 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 HTSUS. 
The HTSUS subheadings are provided for convenience and U.S. Customs' 
purposes only. The written description of the excluded products remains 
dispositive.

[FR Doc. 01-17716 Filed 7-13-01; 8:45 am]
BILLING CODE 3510-DS-P