[Federal Register Volume 66, Number 176 (Tuesday, September 11, 2001)]
[Notices]
[Pages 47172-47173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22783]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-857]


Notice of Final Determination of Sales at Less Than Fair Value: 
Welded Large Diameter Line Pipe from Japan

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

EFFECTIVE DATE: September 11, 2001.

FOR FURTHER INFORMATION CONTACT: John Drury or Helen Kramer at (202) 
482-0195 and (202) 482-0405, respectively; AD/CVD, Enforcement, Office 
8, Group III, Import Administration, Room 7866, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to Department of Commerce (the Department) 
regulations refer to the regulations codified at 19 CFR part 351 (April 
2001).

Final Determination

    We determine that certain welded large diameter line pipe from 
Japan is being, or is likely to be sold, in the United States at less 
than fair value (LTFV), as provided in section 735 of the Act. The 
estimated margins of sales at LTFV are shown in the Suspension of 
Liquidation section of this notice.

Case History

    The preliminary determination in this investigation was published 
on June 27, 2001. See Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Welded Large Diameter Line Pipe from Japan, 66 FR 
34151 (June 27, 2001) (``Preliminary Determination''). No case briefs 
were filed.
    Normally, when the Department issues a final determination, the 
Federal Register notice is accompanied by a separate Issues and 
Decision Memorandum. Since no briefs were filed in this case, a 
separate memorandum is not required.
    Based on a request by petitioners, we have amended the scope of the 
investigation. See Notice of Preliminary Determination of Sales at Less 
Than Fair Value: Welded Large Diameter Line Pipe from Mexico, 66 FR 
42841 (August 15, 2001), where an additional product was excluded at 
petitioners' request.

Period of Investigation

    The POI for this investigation is January 1, 2000 through December 
31, 2000. This period corresponds to the four most recent fiscal 
quarters prior to the month of the filing of the petition (i.e., 
January 2001).

Scope of the Investigation

    The product covered by this investigation is certain welded carbon 
and alloy line pipe, of circular cross section and with an outside 
diameter greater than 16 inches, but less than 64 inches, in diameter, 
whether or not stencilled. This product is normally produced according 
to American Petroleum Institute (API) specifications, including Grades 
A25, A, B, and X grades ranging from X42 to X80, but can also be 
produced to other specifications. The product currently is classified 
under U.S. Harmonized Tariff Schedule (HTSUS) item numbers 
7305.11.10.30, 7305.11.10.60, 7305.11.50.00, 7305.12.10.30, 
7305.12.10.60, 7305.12.50.00, 7305.19.10.30, 7305.19.10.60, and 
7305.19.50.00. Although the HTSUS item numbers are provided for 
convenience and customs purposes, the written description of the scope 
is dispositive. Specifically not included within the scope of this 
investigation is American Water Works Association (AWWA) specification 
water and sewage pipe and the following size/grade combinations; of 
line pipe:
     Having an outside diameter greater than or equal to 18 
inches and less than or equal to 22 inches, with a wall thickness 
measuring 0.750 inch or greater, regardless of grade.
     Having an outside diameter greater than or equal to 24 
inches and less than 30 inches, with wall thickness measuring greater 
than 0.875 inches in grades A, B, and X42, with wall thickness 
measuring greater than 0.750 inches in grades X52 through X56, and with 
wall thickness measuring greater than 0.688 inches in grades X60 or 
greater.
     Having an outside diameter greater than or equal to 30 
inches and less than 36 inches, with wall thickness measuring greater 
than 1.250 inches in grades A, B, and X42, with wall thickness 
measuring greater than 1.000 inches in grades X52 through X56, and with 
wall thickness measuring greater than 0.875 inches in grades X60 or 
greater.
     Having an outside diameter greater than or equal to 36 
inches and less than 42 inches, with wall thickness

[[Page 47173]]

measuring greater than 1.375 inches in grades A, B, and X42, with wall 
thickness measuring greater than 1.250 inches in grades X52 through 
X56, and with wall thickness measuring greater than 1.125 inches in 
grades X60 or greater.
     Having an outside diameter greater than or equal to 42 
inches and less than 64 inches, with a wall thickness measuring greater 
than 1.500 inches in grades A, B, and X42, with wall thickness 
measuring greater than 1.375 inches in grades X52 through X56, and with 
wall thickness measuring greater than 1.250 inches in grades X60 or 
greater.
     Having an outside diameter equal to 48 inches, with a wall 
thickness measuring 1.0 inch or greater, in grades X-80 or greater.

Facts Available

    In the preliminary determination, the Department based the dumping 
margin for both Kawasaki Steel Corporation (``Kawasaki'') and Nippon 
Steel Corporation (``Nippon''), respondents, on facts otherwise 
available pursuant to section 776(a)(2)(A) of the Act. The use of facts 
otherwise available was warranted because both Kawasaki and Nippon 
failed to respond to the Department's questionnaire, and failed to 
provide any indication that they were unable to respond. Therefore, the 
Department found that both Kawasaki and Nippon failed to cooperate by 
not acting to the best of their ability. As a result, pursuant to 
section 776(b) of the Act, the Department used an adverse inference in 
selecting from the facts available. Specifically, the Department 
assigned both respondents the highest margin alleged in the petition. 
We continue to find this margin corroborated, pursuant to section 
776(c) of the Act, for the reasons discussed in the Preliminary 
Determination. No interested parties have objected to the use of 
adverse facts available for either respondent in this investigation, 
nor to the Department's choice of the facts available margin. 
Accordingly, for the final determination, the Department is continuing 
to use, for both Kawasaki and Nippon, the highest margin alleged in the 
petition. See Preliminary Determination. In addition, the Department 
has left unchanged from the preliminary determination the ``All Others 
Rate'' in this investigation.
    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to continue to suspend all entries of 
large diameter line pipe from Japan, that are entered, or withdrawn 
from warehouse, for consumption on or after June 27, 2001, the date of 
publication of our preliminary determination. The Customs Service shall 
require a cash deposit or bond equal to the dumping margin, as 
indicated in the chart below. These instructions suspending liquidation 
will remain in effect until further notice. The dumping margins are as 
follows:

------------------------------------------------------------------------
                                                              Margin
                  Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Nippon Steel Corporation (Nippon).......................           30.80
Kawasaki Steel Corporation (Kawasaki)...................           30.80
All Others..............................................           30.80
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will, within 45 days, determine 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding will 
be terminated and all securities posted will be refunded or canceled. 
If the ITC determines that such injury does exist, the Department will 
issue an antidumping duty order directing the Customs Service to assess 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding APO

    This notice also serves as a 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. 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.
    This determination is published pursuant to sections 733(f) and 
777(i)(1) of the Act.

    Dated: September 4, 2001.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-22783 Filed 9-10-01; 8:45 am]
BILLING CODE 3510-DS-P