[Federal Register Volume 67, Number 228 (Tuesday, November 26, 2002)]
[Notices]
[Pages 70716-70717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29991]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-826]


Small Diameter Circular Seamless Carbon and Alloy Steel Standard, 
Line and Pressure Pipe from Brazil: Rescission of Antidumping Duty 
Administrative Review

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

ACTION: Notice of Rescission of Antidumping Duty Administrative Review.

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EFFECTIVE DATE: November 26, 2002.

FOR FURTHER INFORMATION CONTACT: Anya Naschak or Helen Kramer at (202) 
482-6375 or (202) 482-0405, respectively; Antidumping and 
Countervailing Duty Enforcement Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, DC 20230.
SUMMARY: On September 25, 2002, in response to a request made by V&M do 
Brasil S.A. (V&M), the Department of Commerce (the Department) 
published in the Federal Register (67 FR 60210) a notice announcing the 
initiation of an administrative review of the antidumping duty order on 
seamless line and pressure pipe from Brazil. The review period is 
August 1, 2001, to July 31, 2002. This review has now been rescinded 
because V&M has withdrawn its request for review.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    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 (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are references to the provisions codified at 
19 CFR Part 351 (2002).

Scope of the Review

    The scope of this review includes 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 below, regardless of specification, except glass-lined 
seamless pressure pipe described below.
    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 is 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 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

[[Page 70717]]

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 the scope of this review are: (1) 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; (2) finished and unfinished OCTG, 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; (3) redraw hollows for cold-drawing when used in the 
production of cold-drawn pipe or tube; and (4) glass-lined pressure 
pipes meeting the following specifications: 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.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of this review 
is dispositive.

Background:

    On August 30, 2002, V&M (a producer and exporter of subject 
merchandise) requested an administrative review of the antidumping duty 
order on seamless pipe from Brazil published in the Federal Register on 
August 3, 1995 (60 FR 39707). On September 25, 2002, the Department 
published in the Federal Register (67 FR 60210) a notice of AInitiation 
of Antidumping and Countervailing Duty Administrative Reviews@ 
initiating the administrative review. On October 30, 2002, V&M withdrew 
its request for review. The applicable regulation, 19 CFR 
351.213(d)(1), states that if a party that requested an administrative 
review withdraws the request within 90 days of the publication of the 
notice of initiation of the requested review, the Secretary will 
rescind the review. Given that V&M was the only party to request the 
administrative review, and the withdrawal request is timely, we are 
rescinding this review of the antidumping duty order on seamless pipe 
from Brazil covering the period August 1, 2001, to July 31, 2002.
    This notice is issued and published in accordance with section 
777(i) of the Act and 19 CFR 351.213(d)(4).

    Dated: November 19, 2002.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-29991 Filed 11-25-02; 8:45 am]
BILLING CODE 3510-DS-S