[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Notices]
[Pages 14648-14650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1283]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-805]


Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Certain Small Diameter Carbon and Alloy Seamless 
Standard, Line, and Pressure Pipe from Romania

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

SUMMARY: On February 11, 2005, the Department of Commerce (the 
Department) published the final results of its antidumping duty 
administrative review of certain small diameter carbon and alloy 
seamless standard, line, and pressure pipe (seamless pipe) from Romania 
for the period August 1, 2002, through July 31, 2003. See Certain Small 
Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe 
from Romania: Final Results of Administrative Review and Final 
Determination Not to Revoke Order in Part, 70 FR 7237, (February 11, 
2005) (Final Results). We are amending our final results to correct a 
ministerial error alleged by United States Steel Corporation (U.S. 
Steel) (domestic interested party) pursuant to section 751(h) of the 
Tariff Act of 1930, as amended (the Act).

EFFECTIVE DATE: March 23, 2005.

FOR FURTHER INFORMATION CONTACT: David Layton or Erin Begnal, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0371 and (202) 482-1442, respectively.

SUPPLEMENTARY INFORMATION:

Scope of Order

    The products covered by the order are seamless carbon and alloy 
(other than stainless) steel standard, line, and pressure pipes and 
redraw hollows produced, or equivalent, to the ASTM A-53, ASTM A-106, 
ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-795, and the API 
5L specifications and meeting the physical parameters described below, 
regardless of application. The scope of the order also includes all 
products used in standard, line, or pressure pipe applications and 
meeting the physical parameters described below, regardless of 
specification. Specifically included within the scope of the order are 
seamless pipes and redraw hollows, less than or equal to 4.5 inches 
(114.3 mm) in outside diameter, regardless of wall-thickness, 
manufacturing process (hot finished or cold-drawn), end finish (plain 
end, beveled end, upset end, threaded, or threaded and coupled), or 
surface finish.
    The seamless pipes subject to the order are currently classifiable 
under the subheadings 7304.10.10.20, 7304.10.50.20, 7304.31.30.00, 
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).
    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 gases 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 A-
106 standard may be used in temperatures of up to 1000 degrees 
Fahrenheit, at various ASME code stress levels. Alloy pipes made to 
ASTM A-335 standard must be used if temperatures and stress

[[Page 14649]]

levels exceed those allowed for ASTM A-106. 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 
gases 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. If exceptionally 
low temperature uses or conditions are anticipated, standard pipe may 
be manufactured to ASTM A-333 or ASTM A-334 specifications.
    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 water well pipe (ASTM A-589) and seamless galvanized pipe 
for fire protection uses (ASTM A-795) are used for the conveyance of 
water.
    Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53, API 5L-B, and API 5L-X42 specifications. To avoid 
maintaining separate production runs and separate inventories, 
manufacturers typically triple or quadruple certify the pipes by 
meeting the metallurgical requirements and performing the required 
tests pursuant to the respective specifications. 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 or 
quadruple certified pipes is use 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, ASTM A-
106 pipes may be used in some boiler applications.
    Redraw hollows are any unfinished pipe or ``hollow profiles'' of 
carbon or alloy steel transformed by hot rolling or cold drawing/
hydrostatic testing or other methods to enable the material to be sold 
under ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM 
A-589, ASTM A-795, and API 5L specifications.
    The scope of the order includes all seamless pipe meeting the 
physical parameters described above and produced to one of the 
specifications listed above, regardless of application, with the 
exception of the specific exclusions discussed below, 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 the order. Therefore, seamless pipes 
meeting the physical description above, but not produced to the ASTM A-
53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-
795, and API 5L specifications shall be covered if used in a standard, 
line, or pressure application, with the exception of the specific 
exclusions discussed below.For example, there are certain other ASTM 
specifications of pipe which, because of overlapping characteristics, 
could potentially be used in ASTM A-106 applications. These 
specifications generally include ASTM A-161, ASTM A-192, ASTM A-210, 
ASTM A-252, ASTM A-501, ASTM A-523, ASTM A-524, and ASTM A-618. When 
such pipes are used in a standard, line, or pressure pipe application, 
with the exception of the specific exclusions discussed below, such 
products are covered by the scope of the order.
    Specifically excluded from the scope of the order are boiler tubing 
and mechanical tubing, if such products are not produced to ASTM A-53, 
ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-795, 
and API 5L specifications and are not used in standard, line, or 
pressure pipe applications. In addition, finished and unfinished OCTG 
are excluded from the scope of the order, 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.
    With regard to the excluded products listed above, the Department 
will not instruct U.S. Customs and Border Protection (CBP) to require 
end-use certification until such time as petitioner or other interested 
parties provide to the Department a reasonable basis to believe or 
suspect that the products are being used in a covered application. If 
such information is provided, we will require end-use certification 
only for the product(s) (or specification(s)) for which evidence is 
provided that such products are being used in covered applications as 
described above. For example, if, based on evidence provided by 
petitioner, the Department finds a reasonable basis to believe or 
suspect that seamless pipe produced to the A-161 specification is being 
used in a standard, line or pressure application, we will require end-
use certifications for imports of that specification. Normally we will 
require only the importer of record to certify to the end use of the 
imported merchandise. If it later proves necessary for adequate 
implementation, we may also require producers who export such products 
to the United States to provide such certification on invoices 
accompanying shipments to the United States.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the merchandise subject to 
this scope is dispositive.

Amended Final Results

    In accordance with section 751(a) the Act, on February 11, 2005, 
the Department published its final results of the antidumping duty 
administrative review of certain small diameter carbon and alloy 
seamless standard, line and pressure pipe from Romania. See Final 
Results.
    On February 14, 2005, the domestic interested party, U.S. Steel, 
alleged that a ministerial error had been made regarding the 
Department's final margin calculation for S.C. Silcotub S.A. 
(Silcotub). See Ministerial Error Letter from U.S. Steel Re: Third 
Administrative Review of Carbon and Alloy Seamless Standard, Line, and 
Pressure Pipe (Under 4\1/2\ Inches) from Romania for period of August 
1, 2002 to July 31, 2003 (February 14, 2005). In accordance with 
section 751(h) of the Act, we have determined that a ministerial error 
was made in the calculation of the final margin for Silcotub. See 
Memorandum from Charles Riggle, Program Manager, AD/CVD Operations, 
Office 8, to Wendy J. Frankel, Director, AD/CVD Operations, Office 8: 
Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and 
Pressure Pipe from Romania Re: Ministerial Error Allegation for S.C. 
Silcotub S.A. (March 9, 2005). Pursuant to section 751(h) of the Act, 
we have corrected the error and are amending the final results of 
review accordingly. The corrected margin for Silcotub is 1.35 percent. 
See Memorandum from David Layton and Erin Begnal, Case Analysts through 
Charles Riggle, Program Manager, to the File, Analysis

[[Page 14650]]

Memorandum for Amended Final Results for S.C. Silcotub S.A. (March 9, 
2005).
    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries based on the amended final results. 
For details on the assessment of antidumping duties on all appropriate 
entries, see Final Results.

    Dated: March 16, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1283 Filed 3-22-05; 8:45 am]
BILLING CODE 3510-DS-P