[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Notices]
[Pages 38204-38207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13157]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-253 and 731-TA-132, 252, 271, 273, 409, 410, 
532-534, and 536 (Second Review)]


Certain Pipe and Tube From Argentina, Brazil, India, Korea, 
Mexico, Taiwan, Thailand, and Turkey

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the countervailing 
duty order on welded carbon steel pipe and tube from Turkey and the 
antidumping duty orders on certain pipe and tube from Argentina, 
Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the 
countervailing duty order on welded carbon steel pipe and tube from 
Turkey and the antidumping duty orders on certain pipe and tube from 
Argentina, Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey 
would be likely to lead to continuation or recurrence of material 
injury. Pursuant to section 751(c)(2) of the Act, interested parties 
are requested to respond to this notice by submitting the information 
specified below to the Commission; \1\ to be assured of consideration, 
the deadline for responses is August 22, 2005. Comments on the adequacy 
of responses may be filed with the Commission by September 13, 2005. 
For further information concerning the conduct of these reviews and 
rules of general application, consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A, D, E, and F (19 CFR part 207).
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    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 05-5-132, 
expiration date June 30, 2005. Public reporting burden for the 
request is estimated to average 10 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436.

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DATES: Effective July 1, 2005.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for these reviews may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background.--On the dates listed below, the 
Department of Commerce issued a countervailing duty order and 
antidumping duty orders on the subject imports:

[[Page 38205]]



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             Order date                    Product/country               Inv. No.                 FR cite
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5/7/84.............................  Small diameter carbon steel  731-TA-132............  49 FR 19369
                                      pipe Tube/Taiwan.
3/7/86.............................  Welded carbon steel pipe     701-TA-253............  51 FR 7984
                                      and tube/Turkey.
3/11/86............................  Welded carbon steel pipe     731-TA-252............  51 FR 8341
                                      and tube/Thailand.
5/12/86............................  Welded carbon steel pipe     731-TA-271............  51 FR 17384
                                      and tube/India.
5/15/86............................  Welded carbon steel pipe     731-TA-273............  51 FR 17784
                                      and tube/Turkey.
3/27/89............................  Light-walled rectangular     731-TA-410............  54 FR 12467
                                      pipe and tube/Taiwan.
5/26/89............................  Light-walled rectangular     731-TA-409............  54 FR 22794
                                      pipe and tube/Argentina.
11/2/92............................  Circular welded nonalloy     731-TA-532............  57 FR 49453
                                      steel pipe/Brazil.
11/2/92............................  Circular welded nonalloy     731-TA-533............  57 FR 49453
                                      steel pipe/Korea.
11/2/92............................  Circular welded nonalloy     731-TA-534............  57 FR 49453
                                      steel pipe/Mexico.
11/2/92............................  Circular welded nonalloy     731-TA-536............  57 FR 49454
                                      steel pipe/Taiwan.
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    Following five-year reviews by Commerce and the Commission, 
effective August 22, 2000, Commerce issued a continuation of the 
countervailing duty order on imports of welded carbon steel pipe and 
tube from Turkey (65 FR 50960) and the antidumping duty orders on 
imports of certain pipe and tube from Argentina, Brazil, India, Korea, 
Mexico, Taiwan, Thailand, and Turkey (65 FR 50955-50958). The 
Commission is now conducting second reviews to determine whether 
revocation of the orders would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. It will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct full reviews or expedited reviews. The Commission's 
determinations in any expedited reviews will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Argentina, Brazil, 
India, Korea, Mexico, Taiwan, Thailand, and Turkey.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, the Commission defined the Domestic Like Products as 
follows: (1) Small Diameter Circular Welded Carbon Steel Pipes and 
Tubes from Taiwan (Inv. No. 731-TA-132)--small diameter circular pipes 
and tubes (i.e., with an outside diameter of at least 0.375 inch but 
not more than 4.5 inches); (2) Certain Circular Welded Carbon Steel 
Pipes and Tubes from Thailand and Turkey (Inv. Nos. 731-TA-252 and 701-
TA-253)--standard pipe up to and including 16 inches in outside 
diameter; (3) Certain Circular Welded Carbon Steel Pipes and Tubes from 
India and Turkey (Inv. Nos. 731-TA-271 and 273)--standard pipe of not 
more than 16 inches in outside diameter; (4) Certain Circular Welded 
Carbon Steel Pipes and Tubes from Brazil, Korea, Mexico, and Taiwan 
(Inv. Nos. 731-TA-532-534 and 536)--circular welded, non-alloy steel 
pipes and tubes of not more than 16 inches in outside diameter, except 
(a) finished conduit other than finished rigid conduit and (b) 
mechanical tubing that is not cold-drawn or cold-rolled; (5) Light-
Walled Rectangular Pipe and Tube from Argentina and Taiwan (Inv. Nos. 
731-TA-409 and 410)--light-walled rectangular pipe and tube. In its 
full five-year review determinations, the Commission found the 
following Domestic Like Products: (A) for the reviews listed in items 
(1)-(4) above, circular welded non-alloy steel pipes and tubes up to 
and including 16 inches in outside diameter, regardless of wall 
thickness and (B) for the reviews listed in item (5) above, light-
walled rectangular pipe and tube.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission defined the Domestic Industries as follows: (1) Small 
Diameter Circular Welded Carbon Steel Pipes and Tubes from Taiwan (Inv. 
No. 731-TA-132)--domestic producers of small diameter circular pipes 
and tubes (i.e., with an outside diameter of at least 0.375 inch but 
not more than 4.5 inches); (2) Certain Circular Welded Carbon Steel 
Pipes and Tubes from Thailand and Turkey (Inv. Nos. 731-TA-252 and 701-
TA-253)--domestic producers of standard pipe up to and including 16 
inches outside diameter; (3) Certain Circular Welded Carbon Steel Pipes 
and Tubes from India and Turkey (Inv. Nos. 731-TA-271 and 273)--
domestic producers of standard pipe of not more than 16 inches in 
outside diameter; (4) Certain Circular Welded Carbon Steel Pipes and 
Tubes from Brazil, Korea, Mexico, and Taiwan (Inv. Nos. 731-TA-532-534 
and 536)--domestic producers of circular welded, non-alloy steel pipes 
and tubes of not more than 16 inches in outside diameter, except (a) 
finished conduit other than finished rigid conduit and (b) mechanical 
tubing that is not cold-drawn or cold-rolled; (5) Light-Walled 
Rectangular Pipe and Tube from Argentina and Taiwan (Inv. Nos. 731-TA-
409 and 410)--domestic producers of light-walled rectangular pipe and 
tube. In its full five-year review determinations, the Commission found 
the following Domestic Industries: (A) for the reviews listed in items 
(1)-(4) above, domestic producers of circular welded non-alloy steel 
pipes and tubes up to and including 16 inches in outside diameter, 
regardless of wall thickness and (B) for the review listed in item (5) 
above, domestic producers of light-walled rectangular pipe and tube.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the reviews and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the reviews.

[[Page 38206]]

    Former Commission employees who are seeking to appear in Commission 
five-year reviews are reminded that they are required, pursuant to 19 
CFR 201.15, to seek Commission approval if the matter in which they are 
seeking to appear was pending in any manner or form during their 
Commission employment. The Commission is seeking guidance as to whether 
a second transition five-year review is the ``same particular matter'' 
as the underlying original investigation for purposes of 19 CFR 201.15 
and 18 U.S.C. 207, the post employment statute for Federal employees. 
Former employees may seek informal advice from Commission ethics 
officials with respect to this and the related issue of whether the 
employee's participation was ``personal and substantial.'' However, any 
informal consultation will not relieve former employees of the 
obligation to seek approval to appear from the Commission under its 
rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy 
Agency Ethics Official, at 202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in these reviews available to authorized 
applicants under the APO issued in the reviews, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the reviews. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with these reviews must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will be deemed to consent, 
unless otherwise specified, for the Commission, its employees, and 
contract personnel to use the information provided in any other reviews 
or investigations of the same or comparable products which the 
Commission conducts under Title VII of the Act, or in internal audits 
and investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is August 22, 2005. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is September 13, 2005. All written submissions must conform 
with the provisions of sections 201.8 and 207.3 of the Commission's 
rules and any submissions that contain BPI must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means, except to the extent 
permitted by section 201.8 of the Commission's rules, as amended, 67 FR 
68036 (November 8, 2002). Also, in accordance with sections 201.16(c) 
and 207.3 of the Commission's rules, each document filed by a party to 
the reviews must be served on all other parties to the reviews (as 
identified by either the public or APO service list as appropriate), 
and a certificate of service must accompany the document (if you are 
not a party to the reviews you do not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act in making its 
determinations in the reviews.
    Information to be Provided in Response to this Notice of 
Institution: Please provide the requested information separately for 
each Domestic Like Product, as defined by the Commission in its review 
determinations, and for each of the products identified by Commerce as 
Subject Merchandise. If you are a domestic producer, union/worker 
group, or trade/business association; import/export Subject Merchandise 
from more than one Subject Country; or produce Subject Merchandise in 
more than one Subject Country, you may file a single response. If you 
do so, please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, telephone number, fax number, 
and E-mail address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Products, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
countervailing duty order and antidumping duty orders on the Domestic 
Industries in general and/or your firm/entity specifically. In your 
response, please discuss the various factors specified in section 
752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of 
subject imports, likely price effects of subject imports, and likely 
impact of imports of Subject Merchandise on the Domestic Industries.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Products. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Countries that currently export or have exported Subject 
Merchandise to the United States or other countries after 1998.
    (7) If you are a U.S. producer of the Domestic Like Products, 
provide the following information on your firm's operations on that 
product during calendar year 2004 (report quantity data in short tons 
and value data in U.S. dollars, f.o.b. plant). If you are a union/
worker group or trade/business

[[Page 38207]]

association, provide the information, on an aggregate basis, for the 
firms in which your workers are employed/which are members of your 
association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Products 
accounted for by your firm's(s') production;
    (b) The quantity and value of U.S. commercial shipments of the 
Domestic Like Products produced in your U.S. plant(s); and
    (c) The quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Products produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Countries, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2004 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s') imports;
    (b) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Countries; and
    (c) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Countries.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Countries, provide the following information on your firm's(s') 
operations on that product during calendar year 2004 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping or countervailing 
duties). If you are a trade/business association, provide the 
information, on an aggregate basis, for the firms which are members of 
your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Countries accounted for by your firm's(s') production; and
    (b) The quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Products that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Countries after 1998, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Products produced in the United States, Subject Merchandise 
produced in the Subject Countries, and such merchandise from other 
countries.
    (11) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Products and Domestic Industries; if 
you disagree with either or both of these definitions, please explain 
why and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    Issued: June 22, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-13157 Filed 6-30-05; 8:45 am]
BILLING CODE 7020-02-P