[Federal Register Volume 67, Number 111 (Monday, June 10, 2002)]
[Notices]
[Pages 39682-39683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14513]



[[Page 39682]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-857]


Certain Welded Large Diameter Line Pipe From Japan: Notice of 
Initiation of Changed Circumstances Review of the Antidumping Order, 
and Notice of Consideration of Revocation of Order (in Part).

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

ACTION: Notice of initiation of changed circumstances antidumping duty 
review.

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SUMMARY: In accordance with 19 CFR 351.216(b), BP America, Inc. (``BP 
America''), a U.S. importer of the subject merchandise, filed a request 
for a changed circumstances review of the antidumping order on welded 
large diameter line pipe (LDLP) from Japan with respect to certain 
products as described below. American Cast Iron Pipe Co., American 
Steel Pipe Division; Berg Steel Pipe Corp.; and Stupp Corp., the 
petitioners in the sales at less than fair value investigation (``the 
petitioners''), filed a letter with the Department of Commerce (``the 
Department'') stating that they do not object to the exclusion of these 
products from the order. In response to the expressed lack of interest 
in these products from members of the domestic industry, the Department 
of Commerce (``the Department'') is initiating a changed circumstances 
review with respect to this request for certain welded large diameter 
line pipe as described below.

EFFECTIVE DATE:  June 10, 2002.

FOR FURTHER INFORMATION CONTACT:  Shireen Pasha, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: (202) 482-0193.

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, as amended 
(``the Act''), by the Uruguay Round Agreements Act. In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the regulations as codified at 19 C.F.R. Part 351 (2001).

SUPPLEMENTARY INFORMATION:

Background

    On December 6, 2001, the Department published in the Federal 
Register the antidumping duty order on welded large diameter line pipe 
from Japan. See Notice of Antidumping Duty Order: Welded Large Diameter 
Line Pipe from Japan (66 FR 63368). On April 17, 2002, BP America, a 
U.S. importer, requested that the Department revoke in part the 
antidumping duty order on certain welded large diameter line pipe from 
Japan. Specifically, BP America requested that the Department revoke 
the order with respect to imports meeting the following specifications 
and sizes: in API grades X80 or above, having an outside diameter of 48 
inches to and including 52 inches, and with a wall thickness of 0.90 
inch or more; and, in API grades X100 or above, having an outside 
diameter of 48 inches to and including 52 inches, and with a wall 
thickness of 0.54 inch or more.
    The petitioners consented, on a letter filed May 7, 2002, to the 
revocation of the order only as it applies to all welded LDLP in API 
grades X80 or above, having an outside diameter of 48 inches to an 
including 52 inches, and with a wall thickness of 0.90 inch or more. 
However, on May 21, 2002, the petitioners filed another letter stating 
that they would like to change their initial response from partial 
consent to that of full consent in excluding these products from the 
order, i.e., in API grades X80 or above, having an outside diameter of 
48 inches to and including 52 inches, and with a wall thickness of 0.90 
inch or more; and, in API grades X100 or above, having an outside 
diameter of 48 inches to and including 52 inches, and with a wall 
thickness of 0.54 inch or more. In accordance with Section 351.216(c), 
due to the lack of petitioners' interest, the Department finds good 
cause to initiate a changed circumstance review despite the final 
determination being less than 24 months old. This initiation will 
accord all interested parties an opportunity to address this proposed 
exclusion and will enable the Department to solicit comments from the 
parties to determine whether substantially all of the domestic 
producers support revocation of the order with respect to the 
merchandise in question. See Certain Tin Mill Products From Japan: 
Final Results of Changed Circumstances Review, 66 FR 52109 (October 12, 
2001).

Scope of Review

    The product covered by this antidumping order 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 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

[[Page 39683]]

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.

Initiation of Changed Circumstances Antidumping Duty Administrative 
Review

    Pursuant to section 751(d)(1) of the Act, the Department may revoke 
an antidumping or countervailing duty order, in whole or in part, based 
on a review under section 751(b) of the Act (i.e., a changed 
circumstances review). Section 751(b)(1) of the Act requires a changed 
circumstances review to be conducted upon receipt of a request which 
shows changed circumstances sufficient to warrant review of a final 
affirmative antidumping determination. Section 351.222(g) (2) of the 
Department's regulations provides that the Department will conduct a 
changed circumstances review under 19 C.F.R. 351.216 if the Secretary 
concludes from the available information that changed circumstances 
sufficient to warrant revocation or termination may exist. The 
Department may revoke an order (in whole or in part), if the Secretary 
determines that: (i) producers accounting for substantially all of the 
production of the domestic like product to which the order (or the part 
of the order to be revoked) pertains have expressed a lack of interest 
in the relief provided by the order, in whole or in part, or (ii) if 
other changed circumstances sufficient to warrant revocation exist. In 
this context, the Department has interpreted ``substantially all'' 
production normally to mean at least 85 percent of domestic production 
of the like product. See Certain Tin Mill Products From Japan: Final 
Results of Changed Circumstances Review, 66 FR 52109 (October 12, 
2001). According to the Department's knowledge the following are U.S. 
producers of welded large diameter line pipe: American Cast Iron Pipe 
Co., American Steel Pipe Division; Berg Steel Pipe Corp.; Stupp Corp.; 
Bethlehem Steel Corp.; U.S. Steel Group, a Unit of USX Corp.; Camp-Hill 
Corp.; Lone Star Steel Co.; Napa Pipe Corp.; Pennsylvania Steel 
Technologies, Inc.; Oregon Steel mills, Inc.; and Saw Pipes USA, Inc.. 
Based upon the petitioners' statement of no interest and the silence of 
other domestic producers, the Department determines that there is 
information sufficient to warrant initiation of this changed 
circumstances review.
    We will publish in the Federal Register a notice of preliminary 
results of antidumping duty changed circumstances review, in accordance 
with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth 
the factual and legal conclusions upon which our preliminary results 
are based and a description of any action proposed based on those 
results. As per section 351.221 (b) (4), interested parties will have 
an opportunity to comment. The Department will issue its final results 
of review no later than 270 days after publication of this notice of 
initiation. All written comments must be submitted to the Department 
and served on all interested parties on the Department's service list 
in accordance with 19 CFR 351.303.
    During the course of this changed circumstances review, the current 
requirement for a cash deposit of estimated antidumping duties on all 
subject merchandise, including the merchandise subject to this changed 
circumstances review, will continue unless and until it is modified 
pursuant to the final results of this changed circumstances review or 
other administrative review.
    This notice is in accordance with sections 751(b)(1) and 777(i)(1) 
of the Act and 19 CFR 351.216, 351.221(b), and 351.222(g)(3)(i).

    Dated: June 3, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-14513 Filed 6-7-02; 8:45 am]
BILLING CODE 3510-DS-S